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Full text of "The Public Statutes of the Commonwealth of Massachusetts : enacted November 19, 1881; to take effect February 1, 1882 : with the Constitutions of the United States and the Commonwealth, a schedule of acts and resolves and parts of acts and resolves expressly repealed, tables showing the disposition of the general statutes and of statutes passed since the general statutes, glossary, and index"

■i 



'liii I 








THE 



PUBLIC STATUTES 



(•liomiuonii'raltlT af IJlassacJiusetts, 

EXACTED NOVEMBER 19, 1881; 
TO TAKE EFFECT FEBRUARY 1, 1882. 



WITH THE 

CONSTITl'TIOXS OF THE UNITED STATES AND THE COMMONAVEALTH, 

A SCHEDULE OF ACTS AND RESOLVES AND PARTS OF ACTS AND 

RESOLVES EXPRESSLY' RFPEALED, TABLES SHOWING THE 

DISPOSITION or yiiE- GFJNERAL Sl"^ATUtl5S, AND OF 

STATUTES PASSED SINCE THE GENERAL 

STATUTES, GLOSSARY, AND INDEX. 




BOSTON : 

WRIGHT & POTTER PRINTIXC; CO., STATE PRINTERS, 

No. 18 Post Office Square. 

1886. 






ViAR ^? 1960 

SIAIi HOUSE/, aoSTili 



PREFACE. 



By a resolve of the Legislature, approved on the seventh day of April, 

1880, it was provided that the Governor should appoint three commission- 
ers for consolidating and arranging the general statutes of the Common- 
wealth, with power to omit redundant enactments, and those which may 
have ceased to have any effect or influence on existing rights ; to reject 
superfluous words, and condense, into as concise and comprehensive a form 
as is consistent with a full and clear expression of the will of the Legis- 
lature, 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 they may be corrected, supplied and amended ; and to present their 
report, in print, to the Legislature, the same to be accepted or rejected by 
the Legislature without amendment. Under this resolve, the undersigned 
were appointed on the thirteenth day of April, 1880 ; and their report, in 
print, was laid before the Legislature on the thirty-first day of March, 

1881. In view of the provision of the resolve, that their report should be 
accepted or rejected without amendment, the commissioners did not incor- 
porate into it any suggestions designed to modify the existing laws, but 
endeavored so to express the laws that no existing rights should be 
changed. Early in the session of 1881 a joint special committee of the 
Legislature, consisting of the President with eight other members of the 
Senate, and the Speaker with twenty-five other members of the House of 
Representatives, was appointed to consider so much of the Governor's mes- 
sage as related to the revision of the statutes. At the request of this 
committee the commissioners made a supplementary report, containing a 
draft of amendments necessary to incorporate into their original report the 
legislation of 1881. The committee was unable to give adequate attention 
to the work during the session of the Legislature, and on the thirteenth 
day of May, 1881, the committee having been previously enlarged by the 
addition of four members of the Senate and eight members of the House 



IV PREFACE. 

of Representatives, resolutions were passed authorizing it to continue its 
examination and revision of the report of the commissioners after the pro- 
rogation of the session, and asking tlie Governor to call an extra session 
on the second Monday of November of that year. The committee accord- 
ingly held twenty-three sessions from June 8 to July 13, and two sessions 
in November, and gave its attention to each chai^ter sejjarately, upon a 
report from the member or members to whom such chapter had been 
referred ; and reported to the Legislature at the extra session, which began 
on the ninth day of November, 1881, the report of the commissioners, 
with amendments. The Legislature made some further amendments, and, 
finally, on the nineteenth day of November, 1881, passed the following act 
for consolidating and arranging the general statutes of the Commonwealth, 
under the name of the Public Statutes. 

For the convenience of those who may wish to ascertain what dispo- 
sition has been made of a statute or resolve, tables which were appended to 
the report of the commissioners are given, covering the General Statutes of 
1860, and those statutes and resolves passed since, which are included in 
the edition of Richardson and Sanger; to which are added the general 
statutes and resolves passed in the year 1881. The glossary has been 
revised and enlarged. The marginal citations have been purposely left 
incomplete, being designed to show only the principal decisions of the 
Supreme Judicial Court and of the Supreme Court of the United States 
ujjon the statutes opposite to which they are printed. The constitution of 
this Commonwealth was prepared for printing by George G. Crocker. 
Those parts of it which have been superseded or changed by amendments 
are plainly indicated, and the citations and cross-references have been en- 
larged. The Index has been prepared by Jabez Fox, and has been printed 
under his supervision. The statutes have been printed under the supervis- 
ion of E. Herbert Clapp and Edward A. McLaughlin, who were appointed 
for that purpose under a resolve of the Legislature. 

CHARLES ALLEN. 
URIEL H. CROCKER. 
JAMES M. BARKER. 

Januabt, 1882. 



TABLE 



SHOWING THE DISPOSITION MADE OF THE GENERAL STATUTES; 

(BEING A REPRINT OF THE TABLE PREPARED BY THE COMMISSIONERS ON THE 
REVISION, WITH THE NECESSARY ALTERATIONS.) 



EXPLANATIONS. 

P. S. means Public Statutes ; O. means Obsolete; R. means Repealed by; S. means 
Superseded by ; T. means Temporary. 



c. 1 . . . . 


. In P. S. 1, except last part 


c. 11, §§ 24, 2E 






of § 1, which is iii P. S. 


" §§26-28. . 




22, §§ 1, 11. 


" §§29,30 




C. 2, §§ 1^ . 


. P. S. 2, §§ 1-4. 


'■ §31 . 




II §§5-6 . 


. P. S. 2, §§ 25, 26. 


" §§32-:35 






. Omitted as superfluous. 


" §§ 3(^42 




" §§ 8-12 .' 


. P. S. 2, §§ 5-10. 


" §§43-19 




" §§13,14. 


. K. 18(i5, 22H. 


II §50 .^ 




" § 15 . . 


. S. loT'.i. TS, § 1. 






" §16 . . 


. P. 8. 16. § 49. 


" §§53; 54 




" § 17 . . 


. S. 1880. 25:;. 


c. 12 . . . 




" §§18,19. 


. R. 1865, 228. 


0. 13 . . . 




" §§20-24. 


. P. S. 2, §§ 28, 29, 31, 33, 51. 


c. 14, § 1 . 




C. 3, §§ 1, 2 . 


. P. S. 4, §§ 1, 2. 


'■ §2 . 




" § 3. . . 


. K. 18(J6, 65. 


" §§3,4 




" §4. • • 


. P. S. 4,§4. 






" § 5 . . . 


. P. S. 169, § 68. 


II §§_5,6 




" §6. . . 


. P. S. 3, § 1. 






" § 7 . . . 


. P. S. 3, § 3. 


" §8! '. 




C. 4, § 1 . . . 


. P. S. 4, § 5. 


" §9. . 




" § 2. . . 


. S. 1880, 193, § 1. 


" § 10 . 




** § 3. . . 


. P. S.4, §6. 


" §§ 11-13 




" §§4-7 . 


. S. 1880, 193, §§ 1, 2. 


;; fi^ • 




" §8. . . 


. P. S. 4, § 8. 






" § y • • • 


. P. S.4, §5. 


" § 16 . 




" § 10 . . 


. P. S.4, §11. 


" §§17-24 




C. 5, §§ 1-8 . 


. P. S. 5, §§ 14-21. 


" §25 . 




" § 9. . . 


. P. S. 5, § 1.3. 


" §26 . 




" § 10 • • 


. Omitted as superfluous. 


" §27 . 




" § 11 • . 


. P. S. 79, § 7. 


"If ■ 




" §§12,13. 


. P. S. 14, §§ 14, 15. 






" §14 . . 


. P. S. 20,i, § 77. 


" §36 ! 




" §15 . . 


. P. S. 19, §'3. 


" §31 . 




c. 6 . . . . 


. R. 1874, 37(i, § 58. 


" § 32 . 




c. 7 . . . . 


. Mostly in P. S. 7. 


" §33 . 




" §§ 1-3, 8, 9 


. R. 1874, 376, § 58. 


" §§.'ii-39 




" §29 . . 


. R. 1874, 356, § 3. 


" §40 . 




C. 8, § 1 . . . 


. P. S. 8, § 1. 


'■ §§41^7 




" §§2,3 . 


. S. 1866, 221. 


" §48 . 




II §§_4,5 . 


. S. 1866, 120. 








. S. 1866, 103. 


" § 49 . 




" §§ 7-24 .' 


. R. 1874, 376, § 58. 


" §§.50-52 




c. 9 . . . . 


. Mostly in P. S. 9. 


" §53 . 




" §§1,2 . 


. S. 1862, 226; 1866, 59; 1872, 


■■ §54 . 






300. 


" §§.5.5-60 




c. 10 . . . . 


. P. S. 10. 


" § ()1 . 




c. 11, §§ 1-5 . 


. P. S. 11, §§ 1-5. 


" § 62 . 




" §§6-8 . 


. P. S. 11, §1 11-13. 


" §§63,64 




" §§9-16 . 


. P. S. 11, §§ 17-20, 22-25. 


c. 15, §§ 1-8 




" § 17 . . 


. R. 1867, 166. 


II §§9-11 




" §§ 18-20 . 


. P. S. 11, §§ 32, 36, 37. 






" §§21-23. 


. P. S. 11, §§ 30, 38, 39. 


■' ^^^13,14 





P. S. 11, §§ 40, 45. 

P. S. 11, §§ 26, 41, 42. 

P. S. 11, II 46, 47. 

K. 1879, 299, § 3. 

P. S. 11, §§ 50, 51, 61. 

P. S. 11, |§ 59, 60, 62-66. 

P. S. 11, §§69-72, 74-76. 

R. 1865, 206. 

P. S. 11, §§ 94, 95. 

P. S. 11, II 79, 84. 

P. S. 12. 

R. 1864, 238. 

S. 1879, 35. 

R. 1872, 328. 

In part S. 1879, 79; in part 
P. S. 15, § 9. 

P. S. 15, §§'11.12. 

Omitted as obsolete. 

R. 1869, .3li5. 

P. S. 15, § 15; 16, § 73. 

P. S. l(i, § 72. 

P. S. 219. §§ :i4-36. 

S. 1881, (ili. 

P. S. 16, § 73; 219, § 37. 

S. 1879, 123, § 1. 

P. S. 17, §§ :3-10. 

P. S. 17, §22. 

P. S. 17, § 25. 

P. .S. 17. § 24. 

P. S. 17, § 12. 

S. 1879. 238, §§ 1, 2. 

1". S. 17, § 17. 

P. S. 17 § 19. 

P. S. 17, '§ 13. 

r. S. 17. § 21. 

I'. S. 18, §§ 1-6. 

P. S. 18, § 7 ; 21, § 3. 

r. S. 18, §§9-15. 

O. Indians now enfran- 
chised. 

P. S. 5, § 1. 

P. S. 5, |§ 3, 4. 

S. 1881, 275, § 2. 

P. S. 5, § 5. 

R. 1881,275, §6. 

P. S. 5, §11. 

P. S. 5, § 12. 

S. 1881, 147. 

R. 1867, 178, § 14. 

P. S. 16, §§ 14-16. 

S. 1872, 201; 1879, 80. 

P. S. 16, §§ 57, 58. 



DISPOSITIOK MADE OF THE GENERAL STATUTES. 



" 5§ S2-8G . . . 

" §'87 . . . . 

" §88 . . . . 

',' §§8(),!10. . . 

" §91 . . . . 

" §§U2-'.I4 . . . 

" §§95-!i:i. . . 

" §§ 100-102 . . 

" §§ lo;;, 104 . . 

c. 18 (except parts 

of§§31, 70, 77, 

78) . . . . 

" part of § 31 

" §37 . . . . 

" §70 . . . . 



E. ISCS, 2S0. 

P. S. 10, 5 56. 

P. S. Ill, !i21. 

In part P. S. 16, § 19; in 

part S. 1862, 187, § 1. 
P. S. 16, §§ 22-25. 
S. 1861, § 85. 
P. S. 19, § 3. 
P. S. 19. ^^ 2, 3. 
P. S. 16, ^Ij 26-28. 
P. S. 16, Ǥ 28, 30, 31. 
P. S. 16, ^ 33. 
P. S. 16. ^ ()6. 
P. S. 16, i; 59. 
P. S. Hi, § 54; 21, § 8. 
R. 1869. 309. 
P. S. 16. 55 3i, 35. 
P. S. 16, 5 30. 
P. S. 16, 5§ 37-39. 
R. 1867, 178, § 14. 
P. S. 16, § 44. 
P. S. 16, § 47. 
P. S. 16, § 48. 
P. S. 16, § 50. 
P. S. 16, § 32. 
P. S 16, § 51. 
P. S. 20. 
P. S. 22, §§ 1-6. 
P. S. 22, §§ 9, 10. 
P. S. 22, ii§ 11, 12. 
P. S. 22, § 13. 
P. S. 22, §§ 17-21. 
P. S. 23, §§ 20-22. 
P. S. 23, § 27. 
P. S. 23, § 24. 
P. S. 23, § 26. 
P. S. 22, §§ 22-28. 
S. 1860, 185. 
P. S. 22, § 25. 
P. S. 22, § 15. 
P. S. 22, § 29. 
P. S. 22, §§ 30, 31. 
P. S. 23, §§ 1, 2. 
P. S. 10, § 17. 
S. 1864, 280, § 4. 
P. S. 23, § 20. 
P. S. 23, § 25. 
P. S. 23, 5§ 16, 17. 
P. S. 23, §§ 3-5. 
P. S. 23, §§ 31-33. 
E. 1866, 117. 
P. S. 25, 5 1. 
lu part P. S. 10, § 18; ill 

part E. 1877, 200, § 24. 
P. S. 25, § 2. 
P. S. 25, §§ 6-15. 
P. S. 159, 5 45. 
P. S. 2.-.. §§ If3-2G. 
K. 1N77. 21K), § 24. 
P. S. 26, §§ 6-8. 
E. 1877. 200, § 24. 
P. S. 10, § 18. (First part of 
this section dropped as su- 
perfluous, being provided 
for by Constitution.) 
P. S. 24, §§ 1-6. 
P. S. 10, 5 19. 
P. S. 24, § 7. 
P. S. 24, 5§ 12, 13. 
P. S. 24, 5 28. 
P. S. 24, §5 14-10. 
P. S. 24, §§ 21-24. 
P. S. 24, §5 30-32. 
P. S. 24, §§ 25, 26. 



e. 18, § 78 . . . . 
19 (except §§ 16, 

17). 
' §16 



c. 20 , 



§5 1,2 
§43 . 



c. 29 . . . 
c. 30, §§ 1-3 



P. S. 27. 

P. S. 60, § 72; 63, § 6. 

P. S. 60, §§ 32, 72; 65, § 8. 

No unincorporated places 

now. 
No districts now. 



" §§6,7 
" §§8-18 
" §19 . 
" §§20-23 
" §§24,25 
" §26 . 
" §27 . 
" §§28-35 
" § 36 . 
" §37 . 
" §38 . 
" §§39-42 
" §43 . 
" §§44-46 

c. 31 . . . 

c. 32 . . . 

c. 33, §§ 1-5 
" §U. • 
" §7. . 
" §8. . 
" § 9 . . 
" §§ 10-13 

c. 34 . . . 

c. 35 . 



' §§4,5 
c. .36 . . . 

" §2. . 

■• §§5,6 
c. 37 . . . 



38 . 



" §27 
" §28 



C. 39 . 
c. 40. 



c. 42 . 



c. 43, §§ 1-8 

" §§9-12 

" §§ 13-18 

" §§ 1!)-21 

" §1 22-45 

" §46 . 

" §§47-52 

" II 53-58 

" §§59-76 

" §T7 . , 

" §§78,79 

" § 80 . 

" §§ 81-83 

" §§84-86 

" §§ 87, 88 

" §§89,90. 



Mashpee is now a town. 

P. S. 28. 

T. 

Omitted as special. 

E. 1865, 69. 

P. S. 32. 

P. S. 33. 

P. S. 34. 

Mostly in P. S. 35. 

R. 187'l, 21. 

E. 1874, 151, § 5. 

In part P. S. 11, § 32. 

P. S. 36. 

Mostly in P. S. 80. 

S. 1873, 2, § 1. 

P. S. 81. 

Mostly in P. S 82. 

P. S. 207, § 50. 

P. S. 37. 

P. S. 38, §§ 1-3. 

P. S. 38, §§ 24, 51. See also 

§11. 
P. S. 38, § 25. 
P. S. 38, §§ 4, 5. 
P. S. 38, §§ 7-17. 
P. S. 38, § 43. 
P. S. 38, §§ 18-21. 
P. S. 39, §§ 9, 10. 
P. S. 38, § 23. 
P. S. 38, §§ 27, 51. 
P. S. 38, §§ 28-36. 
P. S. 38, § 22. 
P. S. 38, § 37. 
P. S. 38, § 42. 
P. S. 38, §§ 38-41. 
P. S. 38, §§ 44, 51. 
P. S. 38, §§ 45-47. 
P. S. 39. 
E. 1874, 375, § 9. 
P. S. 40, §§ 1-5. 
S. 1881, 89. 
P. S. 40, § 7. 
P. S. 40, § 9. 
E. 1866, 222. 
P. S. 40, §§ 12-15. 
P. S. 41. 

Mostly in P. S. 42. 
E. 1864, § 58. 
Mostly in P. S. 43. 
E. 1870, 45. 
E. 1870, 350. 
E. 1866, 210. 
Mostly in P. S. 44. 
E. 1862, ,17. 
R. 1876, 47. 
E. 1874, 342, § 2. 
P. S. 45. 

Mostly in P. S. 46. 
E. 1874, 303, § 3. 
S. 1865, 142, § 2. 
Mostly in P. S. 47. 
S. 1873, 279, § 2. 
S. by dift'ereut acts. See 

P. S. 48. 
P. S. 49, §§ 1-8. 
P. S. 49, §§ 10-13. 
P. S. 49, §§ 9, 14-16, 18, 19. 
E. 1870, 75, 185. 
P. S. 49, §§ 33-47, 49-57. 
S. 1870, 75. 
P. S. 49, §§ 58-63. 
P. S. 49, §§ 20-25. 
P. S. 49, §§ 6.5-82. 
P. S. 22, § 30; 49, § 84. 
P. S. 49, |§ 85, 86. 
P. S. 22, 1 30; 49, § 87. 
P. S. 49, §§ 91, S>4, 95. 
Unconstitutional; 1 Allen, 

150. 
P. S. 49, §§ 97, 98. 
P. S. 82, §§ 29, 30. 



DISPOSITION JIADE OF THE GENERAL STATUTES. 



c. 44, §1 . . 

" §2. . . 

" §3. . . 

" §4. . . 

" §5- • ■ 

" §§'8-u ; 

" §12 . . 

" §§13-16. 

" §17 . . 

•' § 18 . . 

" §§19,20. 

" ^'21 . . 

" §22 . . 

" §§2:3-35. 
c. 45 . . . . 

" §§T,8 . 
c. 411 .... 
c. 47 . . . . 
c. 48 . . . . 

" §§1-3 . 
c. 49, §§ 1, 2 . 

" §§3-9 . 

" §§ 10-2.3 . 

" §1 24-26 . 

" §§ 33-39 . 

" §§40,41. 

" §§42-59. 

" §60 . . 

" §§61,62. 

" §§03-75. 

" §§76,77. 

" §§78-85. 

" § 86 . . 

" §§87,88. 

" §§89-108 

" § 109 . . 

" §§ 110, 111 

" §§ 112-115 

" §§ 116, 117 

" i§ 118-121 

" I 122 . . 

" §§ 123-125 

" §§ 12(j-141 

" § 142 . . 

" § 143 . . 

" § 144 . . 

" §§ 145-147 

" §§ 148-151 

" §§ 152-156 

" §§157-161 

" §§162-164 

" §§ 165-179 

" § 180 . . 

" §§ 181-180 

" §§ 1S7-190 

" §§ 191-194 
c. 50, §§ 1-12 . 

" §§i:5-15. 

" §16 . . 

" §§17-28. 
c. .51, §§ 1-3 . 

" §4. . . 

■' §§.5-10 . 

" §§11,12. 

" §13 . . 

" §§ 14-19 . 
c. 52, §§ 1-17 . 

" §§18-23. 

" §24 . . 

" §§25-39. 
c. 53, §§ 1,2 . 

" §§3-5 . 

" §6. . . 

" §7. . . 

" §§8-10 . 

" § 11 • . 

" §12 . . 

" §§13,14. 



R. 1877, 234, § 6. 

P. S. 52, § 2. 

S. 1871, 298. 

P. S. 52, § 3. 

S. 1871, 298. 

P. S. 52, § 4. 

S. 1871, 298. 

P. S. 52, §§ 10-13. 

S. 1871, 298. , 

P. S. ,52, §§ 5-8. 

S. 1871, 298. 

P, S. 52, § 9. 

P. S. 52, §§ 15, 16. 

S. 1881, 199, § 4. 

K. 1877, 234, § 6. 

P, S, 52, §§ 22-34. 

Mostly in P. S. 53. 

P. S. 50, §§ 20, 21. 

P. S. hi. 

P, S. 55. 

P. S. 50. 



Mostly 
R. 18iil 



111. 



P. S. .51;, §§ 1, 2. 


" §§70-72. 


P. S. 60, §§ 1-7, 


" §§7:3-77. 


P, S. 56, §§ 3-16, 


" §§ 78-.S2 . 


P. S, liO, §§ 8-10. 


" §§ 8:3-,S7 . 


R, 1881,27. 


" §§ 88-90 . 


1', S, .56, §§ 22-28. 


" §§ 91, 92 . 


R, 1879, 171, § 4, 


" §§ 93-101 


P. S. 56, §§ 30-47. 


" § 105 . . 


R. 1.307, 347. 


" § 106 . . 


P. S. 60, §§ 18, 19. 


" §§ 107, 108 


P. S. 60, §§ 21-54. 


" § 109 . . 


R. 1878, 146. 


" §§ 110-113 


P. S. 60, §§ 35-42. 


" §§ 114-119 


S. 1878, 116. 


■' §§ 120-125 


P. S. 60, §§ 44, 45. 


" §§ 126-130 


P. S. 56, §§ 4iH39. 




S. 1866, 2:36, § 1. 


" § 131 . . 


P. S. 56, §§ 71, 72. 


*' § 1.32 . . 


P. S. 62, §§1,3,6, 7. 


" § 1:33 . . 


P. S. 76, §§ 4, 5. 


" § 1:34 . . 


P. S. 60, §§ 46^9. 


" §§ 135-155 


S. 1.S78, 71. 


" §§ 156, 157 


P, S, 60, §§ 50-52. 




V. S. 63, §§ 1-16. 


c. 58, §§ 1-3 . 


8. 1S78, (M, § 4. 


" §§4-10 . 


R. 1S78, (15, § 6. 




P, S. 63, ^ 10, 


" § 11 . . 


P. S. 60, §§ 53-55. 


" §§12-14. 


S. 1.S64, 122, §§ 1-4. 


" §§ 15-23 . 


P. S. 60, §§ 56-60. 


'■ §§24-26. 


P. S. 59, §§ 1-5. 


" §§27-34. 


Struck out by committee on 


" §§:35-42. 


revision. 


" §43 . . 


P. S. .50, §§ 73-87. 


" §§44-47. 


P, S, 60, §§ 61, 62. 


" §§48-50. 


P. S. 60, *!§ 73-78. 


" §51 . . 


R. 1870, 205, § 7. 


" § 52 . . 


P. S. 60, §§ 85-88. 


" §§53,54. 


P. S. 67, §§ 1-12. 


" §§ 55, ^Q . 


P. S, 68, §§ 1-3. 


" §57 • . 


S. 1870, 331. 


" §§58,59. 


P. S. 68, §§ 5-17. 


" §§60,61. 


P. S. 65, §§ 1-3. 


" §§ 62-65 . 


R. 1880, 229, § 2. 


" §66 . . 


P. S, 65, §§ .5-11. 


" §67 . . 


S. 1876, 123, §§ 1-3. 




P. S. (i5, § 11. 


" §68 . . 


P, S. 65, §§ 22-29. 


" §69 . . 


R. and S. 1862, 176. 




P. S. 69, §§ 1-6. 


" §T0 . . 


R. 1874, 76. 


" §§71-74. 


P. S. 69, §§ 8-22. 




P. S. 77, §§ 1, 2. 


" §§75,76, 


R. 1867, 56, § 3. 


" §§77,78, 


P. S. 77, § 4. 


" Forms A, 


P. S. 77, § 8. 


" Form C , 


P. S. 77, §§ 12-14. 


c. 59. . . . 


P. S. 77, § 18. 




R. 1803, 201, § 2. 


c. 60 . . . . 


P. S. 77, §§ 20, 21. 


0. 61 . . . . 



c. 53, §§ 15, 16 

c!55,'§§i-3,8i9,'ll,' 

" §§4-7,10 
0. 56 . . . . 

c. 57, §§1-3 . 
" §§4-9 . 
§§ 10, 11 . 
§12 . . 
§§ 13-15 . 
§§ 16-18 . 



!l9 



§§ 20-22 



31 . 



} 67, 68 



P. S. 77, §§ 9, 10. 

P. S. 71. 

P. S. 75, §§ 1, 2, 4, 8, 9, 12. 

S. 1873, 320, § 6. 

P. S. 76. 

S. 1865, 262. 

P. S. 118, §§ 112-114. 

S. 1865, 262. 

O. 

P. S. 118, §§ 1, 4, 30. 

P. S. 118, §§ 3, 5. 

P. S. 118, § 50. 

P. S. 118, §§ 6-.S. 

P. S. lis, §§ 31-:39. 

P. S. 118, §§ 9-29. 

P. S. lis, §§ 46, 53, 

P, S. 118, §§ :30, 70, 75. 

P. S. 118, Ǥ 71. 75. 

P. S. 118, §§ 40-42, 74. 

P. S. 118, §§7(;-7S. 

P. S. 118, §§ 51, 52. 

S. 1867. 56. 

P. S. 118, §§ 47-19, 

V. S. 118, ;;§ 90-94. 

P. S. 118. §§ 80, 8.5-87. 

P. S. 118, §§ 55-59. 

S. 1873, 315. 

P, S, US, §§ 88, 89. 

P. S. 118, §§ 99-110. 

P. S. 118, § 115. 

S. 1873, 3lb. 

P. S. 118, §§ 116, 117. 

O. 

P. S. 118, §§1,2, 4,8. 

P. S. 118, §§ .30, 60-64. 

P. S. 118, §§ 65, 66, 68. 70, 71. 

P. S. 118, §§ 67, 72, 73, 104, 

107. 
P. S. 118, § HI. 
P. S. 118, § 79. 
P. S. 118, I 1. 
O. 

E. 1876, 203, § 28. 
S. ill part 1878, 253; 1881, 

202. See P. G. 118, § 118. 
P. S. 119, §§ 2, 6, 9. 
P. S. 119, §§ 10, 14, 16, 17, 

19-21. 
S. 180(), 255, 
P. S. 119, §§ 22-24. 
P. S. 119, §§ 41-19. 
P. S. 119, 55 178, 229, 230. 
P. S. 119, §§ 51-,58, 
P. S. 119. §§ 116-128. 
R. 1872, 2:30, 
P. S, 119, §§ 81-84. 
P. ;?. 119, §§ 110-112. 
P. S. 119, § 97. 
R. 1862, 181, §4; 1881,166,§3. 
P. S. 119, §§ 95, 99, 107. 
P. S. 119, §§ 87, 89. 
R. 1875, 59, § 2. 
P. S. 119, §§ 85, 86. 
P. S. 119, §§ 145, 146, 149. 
P. S. 119, §§ 151,156,157,167. 
P. S. 119, ■§ 197. 
a, 1872. :37.-i, § 16. See P. S. 

119. § 19S. 
R. 187.S, 36, § 5. 
R. 1873, 141, § 15; 1878, 36, 

§5. 
R. 1873, 141, § 15. 
P. S. 119, §§ 185, 199, 200, 

204, 205. 
P. S. 119, §§ 212, 226. 
P. S. 119, §§ 1, 185. 
, P. S. 119, Forms A, B, Tt. 
R. 1862, 181, § 6. 
Goes out. No such institu. 

tions. 
R. 1870, 224, § 69. 
R. 1870, 224, § 69. 



DISPOSITION MADE OF THE GENERAL STATUTES. 



c. 62, §§ 1-19 . 


. Obsolete. 


c. 75, §§ 21-23 


. P. S. 89, §§ 11-14. 




" §§20-25. 


. P. S. 108. 


" § 24 . . 


. R. 1805. 256, § 2. 




c. 63, §§1-12, 17- 


23, 


" §§25,26. 


. P. S. 89, §§ 10, 48. 




132-1H7 


. R. 1874, 372, § 182. 


C. 76, §§ 1, 2 . 


. S. 1879, 291, §§ 1, 8. 




" §§ 13-lU . 


. P. S. 112, §§ 29-32. 


" §§ 3-5 . 


. P. S. 89, §§ 8, 9. 




" §§124-131,] 


38, P. S. 112, §§ 7, 66-73. 


" §§ 6-10 . 


. P. S. 89, §§ 10-12, 14, 38 




" §§139-145 


. S. 1871, 381. 


" § 11 . • 


. S. 1879, 291, §§ 1, 8. 




C. 64 . . . . 


. P. S. 109. 


" §§ 12-16 . 


. S. 1872. 68. 




C. 65 . . . . 


. P. S. 110. 


" §§17-19. 


. P. S. .89, §§ 20, 23, 24. 




c. 6fi . . . . 


. Mostly in P. S. 114. 


" §20 . . 


. P. S. 89, § 32. 




" §4. . . 


. R. 18(15, 90. 


" § 21 . . 


. R. 1870, 359, § 16. 




" §15 . . 


. R. 1862, 24. 


" §§22,23. 


. P. S. 89, §5 26, 27. 




" § 10 • . 


. S. 1866, 189, § 3. 


" §§ 24-27 . 


. P. S. 89, §§ 30, 33-35. 




0. 67 . . . . 


. P. S. 111. 


" §28 . . 


. S. 1!;72, 68. 




c. 68, §§ 1-8 . 


. P. S. 105, §5 4-6, 8-12. 


" § 29 . . 


. R. 1876, 169, § 2. 




" §§9-12 . 


. I'. S. in,-,, (S i:;, 17,21, 23. 


c. 77 . . . . 


. P. S. 93. 




" §§ 13-15 . 


. ]'. S. Ill,-,, , J.-,, 26, 28. 


c. 78 . . . . 


. P. S. 94. 




" §§ 16-18 . 


. s, i,n7h, _'.", ■;. :;s-io. 


c. 79 . . . . 


. P. S. 95. 




" § 19 . ■ 


. r. ,•<. iii,\ ■: r,. 


e. 80 . . . . 


. P. S. 96. 




" §§20-23. 


. v.. 1m;i, -jci. : r,. 


c. 81 . . . . 


. P. S. 97. 




" §§24-39. 


. r, s. 111,-.. ■ ; L-M-i. 


c. 82 . - . . 


. R. 1869, 246, § 10. 




" §§40,41. 


. V. s. nci, ;;;; :■, ;;. 


c. 83 . . . . 


. Mostly in P. S. 91. 




c. 69 . . . . 


. R. 1S7.S, 19(i, § 5. 


" §14 . . 


. R. 1S72. 46, § 1. 




c. 70. . . . 


. Mostly iu P. S. 84. 


e. 84 . . . . 


. Mostly in 1'. .S. 98. 




" §24 . . 


. S. 1864, 307, §§ 6, 7; 1867, 


'• §3. . . 


. B. 18U4, 79, § 2. 






209, § 3. 


c. 85 . . . . 


. P. S. 99. 




" §25 . . 


. S. 1875, 216. 


c. 8(i . . . . 


. R. 1868, 141, § 26. 




c. 71, §§ 1, 2, 10 


. Board abolished; 1863, 240, 


c. 87 . . . . 


. P. S. 101. 






§'i- 


c. 88 . . . . 


. Mostly in P. S. 102. 




" §3. . . 


. P. S. 79. § 5. 


;; §^2. _. . 


. P.irtlv S, 1878, 241. 




*' § 4. 


. P. S. K(l, 1 2. 




. R. and 8. LS7S, 241. 




;; §§^5-7 . 


. r. S. 79, s^§ 6, 8, 9. 


" §^0 ' . '. 


. S. l;7(i, oMs. 






. 1'. S. S(l, Vii. 


" § 13 . . 


. R. 11.78, 241, § 10. 




" ^1 


. s. i.sT!i. -".'I, ■; 7. 


" §26 . . 


. S. 1876, 147. 




" §11 . . 


. niiirr ,■ li^hril; 1863, 240, 


" §29 . . 


. S. 1876, 147. 






§i;,- l,sil'i, l;,-,i,§ 1. 


" §§ 52-56, 


58, 




" §12 . . 


. P. S. 86, § 3. 


64-6(> . 


. R. 1864, 299, § 13. 




" §13 . . 


. Merged iii P. S. 80, § 1. 


" §79 . . 


. R. 1876, 85, § 9. 




" §§ 14, 15 . 


. P. S. 86, §§ 4, 5. 


c. 89, § 1 . . 


. P. S. 120, §§1.4. 




" §1 16-18. 


. R. 1872, 169, § 2. 


" §§2,3 . 


. P. S. 120, §§ 3, 4. 




" §§19-22. 


. P. S. 86, §§ 7-10. 


" §§4-7 . 


. P. S. 120, §§ 15-18. 




" §23 . . 


. S. 1874, 360, § 1. 


" §8. . . 


. P. S. 120, § 2. 




" §24 . . 


. S. 1863, 240, § 6. 


" §§!»-ll . 


. P. S. 126, §§ 7-9. 




" §25 . . 


. P. S. 86, § 11. 


" §§12-14. 


. P. S. 1211, §1 J-6. 




" §§20-31. 


. 0. Hospital sold to city of 


" §15 . . 


. P. S. 120. 1} 23. 






Bostou. 


" §§16,17. 


. P. S. 12(1, 5§ 17, 18. 




" §§32,33. 


. P. S. 86, §§ 14, 15. 


" ^§ 18-22 . 


. P. s. 12(1. 5'; (XI. 




" § 34 . . 


. P. S. 86,§19; 88, §2; 89, § 3. 


" §23 . . 


. 1'. S. Vjd. 55 •.'. 13. 




" §35 . . 


. P. S. 86, § 21. 


" §§ 24-27 . 


. p. S. VJK 55 l(»-12. 




" §30 . . 


. R. 1872, 45, § 5. 


" §28 . . 


. P. S. ]-J(l, 5'5 ■"'. 6, 13. 




" § 37 . . 


. P. S. 8(), § 24. 


" §29 . . 


. In part P. S. 120, § 14; 


and 


" |§38, 39. 


. P. S. 86, §§ 28, 29. 




in part It. 1879, 86. 




" §§40,41. 


. R. 1864,169, §1. 


" §§ .30, 31 . 


. P. S. 120, §§ 24, 25. 




'■ §42 . . 


. R. 1.S71, 170, 5 2. 


c. 90, § 1 . . 


. P. S. 12J,§3. 




" §§43,44. 


. P. S. Ml, ■;; ::i'i, 31. 


" § 2 . . . 


. P. S. 124. § 5. 




" §45 . . 


. (1. Si. V\ S,79, §9. 


" §§3-5 . 


. P. S. 124, 5§ 10-12. 




" §§ 46-57 . 


. P. .S. SI,. 55 :;2-i3. 


" §§6,7 . 


. P. S. 124, §§ 13, 14. 




c. 72 . . . . 


. P. S. 85. 


" §§ 8-11 . 


. P. S. 124, §§ 6-9. 




c. 73, §§ 1-7, 12- 


15, 


" § 12 . . 


. P. S. 124, § 4. 




25, 26, 32 


. P. S. 87, §§ 4-45. 


" §§13,14. 


. P. S. 124, ^§15, 16. 




" §§ 8-11, 19- 


24, 


" §§15,16. 


. P. S. 124, §§ 3, 4. 




27, 28, 30 


. R. 1862, 223, § 18. 


" § 17 . . 


. P. S. 124, § 10. 




" §§ 16-18 . 


. S. 1880, 250, § 3. 


" § 18 . . 


. P. S. 124, § 3. 




" §29 . . 


. R. 1871, 321, § 7. 


" § 19 . . 


. P. S. 124, § 1. 




" §31 . . 


. S. 1862, 223, § IS. 


" §§ 20-22 . 


. P. S. 121, §§ 1, 2. 




c. 74. . . . 


. Mostly in P. S. 87, §§ 46-B2. 


" §23 . . 


. O. 




" §3. . . 


. O. No such provisions re- 


" §§24-28. 


. P. S. 121, §§ 3-7. 






main. 


• " §§ 29-31 . 


. P. S. 121, i5§ 10-12. 




" § 5. . . 


. S. 1879, 195. 


" §§32-35. 


. P. S. 122, §§ 1-3. 




" § 9. . . 


. No such right remains in 


" §§36-38. 
" §§.39-43. 


. P. S. 126, §§ 1-3. 






the trustees. 


. P. S. 126, § 12. 




" § 11 . . 


. S. 1880, 250, § 3. 


0. 91, §1 . . 


. R. 1876, 220, § 2. 




" § 12 


. O. 


" §§2-5 . 


. P. S. 125, §§ 2-5. 




c. 75, §1 . . 


. S. 1879, 291, § 10. 


" §§6-10 . 


. P. S. 128, §§ 1-5. 




" § 2. . , 


. P. S. 89, § 8. 


" §§11,12. 


. P. S. 125, §§ 1, 6. 




" §§3,4 . 


. S. 1879, 291, § 8. 


c. 92, §§1,2 . 


. P. S. 127, § 1. 




" §§5-7 . 


. P. S. 89, §§ 17, 20, 23, 25. 


;; §3. . . 


. P. S. 127, § 26. 




'* § 8. . . 


. P. S. 89, ^ 32. 




. P. S. 127, § 25. 




" $9. . . 


. R. 1870, ;i59, § 16. 


" §5. . . 


. P. S. 127, § 24. 




" §§10-13. 


. P. S. 89, §§ 26, 30, 33, 35. 


" § 6 


. P. S. 127, §§ 1, 2. 




" |§ 14-17 . 


. P. S. 89, §§ 38, .39, 42, 43, 45. 


" §§7-9 . 


. P. S. 127, §§ 4-6. 




" §§ 18-20 . 


. P. S. 89, §§ 9, 38, 44, 46. 


" § 10 . • 


. P. S. 127, §§ 2, 3. 





DISPOSITION JIADE OF THE GENEKAL STATUTES. 



§§3-5 
§6. . 



§8. 



§19 



§§5,C 



f§'J, 


10 


In 




§ 12 




§13 




§14 




§13 




§ l(i 




§§1T 


is 



p. S. 127, §§ 8-14. 

P. S. 12SI, § 1. 

P. S. 156, § 19. 

P. S. 127, ^§ 15-17. 

B. 18(11, 104, § 3. 

P. S. 127, §§ 21, 22. 

P. S. 127, § 27. 

P. S. 127, § 23. 

P. S. 127, §§ 28-31. 

P. S. 134, § 3. 

P. S. 127, §§ 32, 33. 

P. S. 127, § 7. 

P. S. 12!i, § 2. 

P. S. 129, 5§ 5, 9. 

P. S. 129, §§ 11-8. 

P. S. 129, 5 :i ; loO, § 6. 

P. S. 129, § 4 ; 130, § 7. 

K. 1870, 285. 

P. S. 129, § 10. 

P. S. 130, §^ 1-5. 

P. S. 130, ^§ 10-17. 

P. S. 132, §§ 17, 18. 

P. S. 135, § 3. 

P. S. 128, § U. 

P. S. 131. 

P. S. 132, §§ 5-7. 

P. S. i:i5, §i 1, 2. 

P. S. 133, § 1. 

P. S. 1.34, I 1. 

P. S. 133, §§ 6-10. 

P. S. 132, §§ 1^. 

P. S. 136, § 9. 

P. S. 136, §§ 11-17. 

P. S. 1.32, § 1: 136, § 17. 

P. S. 130, § 18. 

Dropped as superfluous. 

P. S. 1.36, §§ 1-5. 

P. S. 1.30, § 20. 

P. S. 136, § 19. 

P. S. 136, §§ 24, 25. 

P. S. 133, § 2. 

P. S. 136, §§ 6-8. 

P. S. 144, § 3. 

P. S. 133, §§ 3, 4. 

P. S. 133, § 9. 

P. S. 144, §§ ;j-5. 

P. S. 144, V§ 1, 2. 

P. S. 144, §§ 7-10. 

S. 1881, 159. 

P. S. 137, §§ 2, 3. 

P. S. 137, M 3, 9. 

P. S. 137, §§ 28-30. 

P. S. 137, §1 11-17. 

P. S. 137, |§ 7, 13. 

P. S. 137, § 8. 

P. S. 137, I 18. 

P. S. 1.37, § 21. 

P. S. 137, I 20. 

P. S. 137, § 31. 

P. S. 137, § 10. 

P. S. 137, §§ 22-24. 

P. S. 137, § 32. 

P. S. 137, § 27. 

P. S. 137, §§ 25, 26. 

P. S. 141, I 12. 

P. S. 141, § 16. 

P. S. 141, ^ 19. 

P. S. 141, ^ 18. 

P. S. 141, ^§ 10, 11. 

P. S. 141, 5 4. 

P. S. 141, § 9. 

P. S. 141,^^5,6. 

P. S. 141, ^U3, 14. 

P. S. 143, ^§ 18, 19. 

P. S. 141, § 15. 

P. ,S. 141, ^ 20. 

P. S. 141, § 22. 

P. .S. 141, 5 20. 

P. S. 141, ^§25,26 

P. S. 141, §1. 

P. S. 141, § 3. 

P. S. 141, I 2. 



c. 100, § 22 . 


. p. S. 141, § 27. 


c. 101, I 1 . . 


. P. S. 130, § 9. 


" §2. . . 


. P. S. 130, § 9 ; 132, S 14 


" §3. . . 


. P. S. 132, § 15. 


" §4. . . 


. S. 1869, 409. 


" §5. . . 


. P. S. 130, 1 9 ; 132, § 16, 


" §§6,7 . 


. P. S. 144, f§ 11, 12. 


" §§8,9 . 


. P. S. 141, § 10. 


" § 10 . . 


. P. S. 142, § 12. 


" § 11 • • 


. P. S. 142, § 4. 


*' § 12 . . 


. P. S. 143, §§ 1, 2. 


" §13 . . 


. S. 1880, 152, § 2. 


" §14 . . 


. R. 1874, 366. 


" §§ 15-30 . 


. P. S. 143, §§ 5-23. 


" §§ 31-37 . 


. P. S. 136, II 20-32. 


" §§38-12. 


. P. S. 138, §1 1-5. 


c. 102, § 1 . . 


. P. S. 134, § 1. 


" SS 2-5 


. P. S. 134, |§ 4-7. 


" §0. . . 


. S. 1880, 152, § 2. 


'* ' § 7 • . . 


. P. S. 134, § 8. 


" §8. . . 


. P. S. 134, 1 9 ; 150, § 37. 


" §§9,10 . 


. P. S. 134, §§ 10, 11. 


" § 11 . . 


. P. S. 134, § 2. 


" §§12,13. 


. P. S. 1.34, § 15. 


" § 14 . . 


. R. 1871, 122. 


" §§15,10. 


. P. S. 134, §§ 12, 13. 


" I 17 . . 


. P. S. 134, §§ 11, 14. 


" § 18 • • 


. P. S. 134, § 14. 


" § 19 . . 


. P. S. IM, § 1. 


•' §§20-23. 


. P. S. 134, §§ 16-18. 


" §1 24-27 . 


. P. S. 140, §§ 1-4. 


" § 28 . . 


. S. 1880, 152, § 2. 


" §§ 29-30 . 


. P. S. 140, §§ 5-10. 


" § 37 . . 


. P. S. 140, § 13. 


" ^ 38 . . 


. R. 1874, 202. 


" §§ 39-41 . 


. P. S. 140, §§ 15, 17. 


" §§ 42-45 . 


. P. S. 142, §1 7-10. 


" §i6 . . 


. P. S. 142, !) 21. 


" s 47 


. R. 1860, § 2. 


" §i8 . . 


. P. S. 142, § 19. 


" §49 • • 


. P. S. 142, § 11. 


c. 103, §§1,2. 


. P. S. 172, §§ 1, 2. 


" §§ 3, 4 . 


. P. S. 172, §§ 7, 8. 


" §5. . . 


. P. S. 172, § 13. 


" §6. . . 


. P. S. 172, § 12. 


" l§ 7, 8 . 


. P. S. 172, §§ 9. 10. 


" 5§ 9-20 . 


. P. S. 172, §5 14-20. 


" II 21-23 . 


. P. S. 172, §1 52-54. 


" §24 . . 


. P. S. 172, §§ 3, 7, 45. 


"I 25 . . 


. P. S. 172, 1 24. 


" §26 . . 


. P. S. 172, 1 31. 


" 1 27 . . 


. P. S. 172, § 33. 


" §§ 28-31 . 


. P. S. 172, §§ 39-42. 


'* § 32 . . 


. P. S. 172, 1 38. 


" § 33 . . 


. P. S. 172, ^ 11. 


" §34 . . 


. P. S. 172, 1 50. 


" § 35 . . 


. P. S. 172, § 31. 


" §§30-.38. 


. P. S. 172, §§ 34-36. 


" §§ 39-42 . 


. P. S. 172, §§ 27-30. 


" §43 . . 


. P. S. 172, § 45. 


" §44 . . 


. P. S. 172, 1 32. 


" §45 . . 


. P. S. 172, ?§ 34-36. 


" §40 . . 


. P. S. 172, §1 .39-42, 51. 


" §§47,48. 


. P. S. 172, II 48, 49. 


" §49 . . 


. P. S. 172, 5 47. 


" §§50,51. 


. P. S. 172, §§ 43, 44. 


" §52 . . 


. P. S. 172, § 51. 


" §§ 53-57 . 


. P. S. 172, §§ 55-59. 


" §58 . . 


. P. S. 172, § 27. 


" §59 . . 


. P. S. 172, § 32. 


C. 104, §§ 1-3 . 


. P. S. 123, §§ 1-3. 


" §4. . . 


. P. S. 123, § 6. 


" §§ 5, 6 . 


. P. S. 123, §§ 4, 5. 


" §§ 7, 8 . 


. P. S. 123, |7. 


" §§9-11 . 


. P. S. 123, |§ 11-13. 


" §§ 12-14 . 


. P. S. 123, §§ 8-10. 


" § 15 . . 


. Conflrmatory of past ac 


C. 105 .. . 


. P. S. 78. 


c. 106, §§ 1-3 . 


. P. S. 145, §§ 1-3. 


;; §4: . . 


. P. S. 145, § 4. 




. P. S. 145, 1 5. 


" §6! '. '. 


. P. S. 145, § 10. 



DISPOSITION M.\r>E OP THE GENERAL STATUTES. 



c. 100, V) 7-7.n 


. P. S. 145, §§ 16-21. 


c. 10.1, § 29 . . 


. P. S. 139, § 28. 




'* § iy> . . . 


. P. S. 145, ij (i. 


'• § oO . . . 


. P. S. 139, § 42. 




" §514,15. . 


. P. S. 145, §§ 22, 23. 


" §31 . . . 


. P. S. 144, § 7. 




" §|J0,17. . 


. K. 1879, IKi. § 3. 


c. 110, §§ 1-10 . 


. R. 1871,310, §11. 




" §§18-21. . 


. P. S. 145, §§ 25-29. 


'• §§11,12. . 


. P. S. 148, §§ 12, 13. 




" §22 . . 


. P. S. 145, § 31. 


" §13 . . . 


. S. 1876, 213, § 7. 




" § 23 . . 


. P. S. 145, §§ 28, 30. 


" §14 . . . 


. P. S. 148, § 14. 




c. 107, § 1 . . 


. P. S. 145. § 7. 


C. Ill, §§ 1-8 . . 


. P. S. 149, §§ 1-7. 




" §2. . , 


. P. S. 145. § 9. 


" §§9-17 . . 


. P. S. 149, §§ 10-18. 




" §3. . . 


. P. S. 145, § 8. 


" §§ 18-20 . . 


. R. 1865, 270, § 3. 




*' §§ 4, 5 


. P. S. 145, § 11. 


" §§21-24. 


. P. S. 149, §§ 19-22. 




** § U. . . 


. P. S. 146, §§ 1, 2. 


0. 112, §§ 1-7 . 


. P. S. 150, ?^ 1-7. 




** § 7 . , . 


. S. 1870, 404, § 2. 


" §§ 8, 9 . 


. P. S. 150, §!j lx-20. 




" §8. . . 


. P. S. 146, § 20. 


" §§ 10-14 . 


. P. S. 150, §§ 8, 12-15. 




" §§n, 10 . 


. Pv. 1870, 404, § 5. 


" § 15 . . 


. Redimdaiit. 




" §11 . . 


. P. S. 14(>, § 5. 


" §16 . . 


. P. S. 150, § 16. 




*' § 12 . . 


. P. S. 146, § 4. 


" §§17,18. 


. P. S. 150, §§ 17, 36. 




" § 13 . . 


. P. S. 146, §§ 6, 34. 


" §19 . . 


. S. 1872, 232. 




" § 14 • • 


. P. S. 146, § 6. 


" §§ 20-25 . 


. P. S. 150, §§ 19, 21-25. 




" §15 . . 


. R. 1877, 178, § 4. 


" §§ 2(1-30 . 


. I'. S. 150, i^^ ,30-3:^ 33. 




" §10 . . 


. P. S. 146, § 7. 


" §§31-33. 


. V. S. 153, §§ 15, 18, 19. 




" §§17,18. 


. S. 1803, 109, §§ 1, 2. 


" §§ 34-30 . 


. P. S. 150, 55 9, 10. 




'.', ^^■.^•''rlj- 


. P. S. 146, §§ 8-10. 


" §§ 37-39 . 


. P. S. 150, §§ 11, 37, 38. 






. P. a. 146, §§ 14, 15. 


" §40 . . 


. P. S, 1.50, § 39. 




" ^^23 '.""'. 


. P. S. 14! ;, § 21. 


" §41 . . 


. Merged in P. S. 159, § 68. 




" §24 . . 


. P. S. 146, § 42. 


c. 113 .. . 


. P. S. 151. 




" §25 . . 


. P. S. 146, § 22. 


c. 114 .. . 


. P. S. 152. 




" §26 . . 


. S. 1873, 371, §4. 


c. 115 .. . 


. Mostly in P. S. 153. 




" §27 . . 


. P. S. 146, § 23. 


" §7. . . ■ 


. S. 1880, 118. 




" §§ 28-30. 


. P. S. 145, §§ 12-14. 


c. 116 .. . 


. Mostly in P. S. 154. 




" §§31,32. 


. P. S. 146, §§ 16, 17. 


" § 4 . . . 


. R. 18ai, 169, § 2. 




" §33 . . 


. P. S. 145. § 15; 146, § 29. 


" § 17 . . 


. S. 1877, 211, §"§1,4. 




" §§34,35. 


. P. S. 146, §§ 30, 31. 


*' § 27 . . 


. R. 1878, 188, § 3. 




" §30 . . 


. P. S. 147, § 36. 


'* § 33 . . 


. S. See P. S. 154, § 64. 




" §37 . . 


. P. S. 146, § 32; 147, § 36. 


" §§.3.5-43. 


. S. 1866, 279. 




" §38 . . 


. R. 1870, 404, § 5. 


c. 117, §§1-4. 


. P. S. 156, §§ 1-4. 




" §.39 . . 


. R. 1877, 178, § 5. 


" §§ 5, 6 . 


. P. S. 142, § 1. 




" §§40-42. 


. P. S. 146, §§ 24-26. 


" §§7-15 . 


. I'. S. 1.56, §§ 5-12. 




" §§43,44. 


. S. 1873, 371, § 7. 


" §§ l(i-18 . 


. P. S. 156, §§ 17-19. 




" §§45-47. 


. P. S. 146, §§ 37-39. 


" §§19,20. 


. P. S. 156, §§ 22, 23. 




" §48 . . 


. P. ,S. 146, §§ 29, 36, 39. 


" §§21,22. 


. P. S. 156, §§ 27, 29. 




" §49 . . 


. P. S. 146. § 40. 


i! ^^o-'?*" 


. P. S. 156, §§ 25, 26. 




" §§50-52. 


. P. S. 146, §§ 11-13. 




. , P. S. 156, §§ 35, 36. 




" § 53 . . 


. P. 8. 14(;, § 33. 


" §127^28. 


. R. 1871, 122, § 2. 




'• §§54,55. 


. P. S. 146, § 41. 


*' § 29 . . 


. 1". S. 1.56. § 38. 




c. 108, § 1 . . 


. P. S. 147, §§ 1, 8. 


" §30 . . 


. I'. S. 156, § 40. 




" §2. . . 


. S. 1874, 184, § 1. 


" § 31 


. P. S. 156, § 42. 




" §3. . . 


. In part P. 8, 147, § 1, and iu 


" §32 . . 


. S. 1879, 292, § 1. 






part S. 1S74, 184, §§ 1, 3. 


" §§33-36. 


. P. S. 156, §§ 45^8. 




" § 4. . . 


. P. S. 147, § 13. 


c. 118 . . . 


. Mostly in P. S. 157. 




" § 5 . . . 


. P. S. 147, § 10. 


'* § 9. . . 


. S. 1865, 259, § 1. 




*' § 6. . . 


. P. S. 147, § 1. 


" §40 . . 


. S. 1879, 245, § 9. 




" §§ 7. 8 . 


. P. S. 147, §§ 8, 9. 


" §§ m, 107 


. R. 1881, 235, § 4. 




" § 0. . . 


. P. S. 147, § 6. 


" § 123 . . 


. R. 1862, 179, § 9. 




" § 10 • . 


. P. S. 147, §§ 1, 3. 6, 15. 


" §§ 132-134 


. O. 




" §§ 11-13 . 


. P. S. 147, §§ 16-18. 


c. 119 . . . 


. P. S. 158. 




;; §14 . . 


. P. S. 147, I 14. 
. P. S. 147, § 19. 


c. 120, § 1 . . 


. P. S. 155, § 12. 






" §2. . . 


. S. 1877, 211, § 3. 




" §§ iG-in '. 


. P. S. 139, §§ 13-16. 


" §§.3-16 . 


. P. S. 155, §§ 14-27. 




" §§ 20-25 . 


. P. S. 147, §§ 20-25. 


'• §§17-24. 


. S. 1876, 196. 




" . § 26 . . 


. R. 1862, 116. 


'• §25 . . 


. P. S. 1.55, § 28. 




-' §§27,28. 


. P. S. 147, §§26, 27. 


'* § '*6 


. S. 1877, 236, § 1. 




II §§J9-31 . 


. P. S. 147, §§ 29-31. 


•• §§ 27-31 . 


. P. S. 1.55, §§ 34, 35, 40-42. 






. Dropped as superfluous. 


" §§32-43. 


. P. S. 155, §§ 1, 6, 7, 10, 


11 


" §33 '. '. 


. P. S. 147, § 31. 




43, 45-48, 50-52. 




" §34 . . 


. Dropped as superfluous. 


" §§44,45. 


. P. S. 155, §§ 55, 57. 




" § .35 . . 


. P. S. 147, § 32. 


" § 46 . . 


. P. S. 155, § 58. 




c. 109, §§ 1-5 . 


. P. S. 139, §§ 1-S. 


" § 47 


. P. S. 1.55, § 67. 




" §0. . . 


. P. S. 1.39, §§ 22, 23. 


" §§48,49. 


. P. S. 155, §§ 2, 3. 




** § 7 . . . 


. P. S. 139, § 43. 


" §§.50-56. 


. P. S. 155, §§ 68-75. 




*' ^^ 8-12 . 


. P. S. 139, §§7-11. 


" §§ 57, 58. 


. P. S. 155, §§ 78, 79. 




" §§ 13-15 . 


. P. S. 139, §§ 17-19. 


" §1 59-01. 


. Merged in P. S. 219, §§ 


35. 


" § 10 . . 


. P. S. 139, § 22. 




37. 




" § 17 . . 


. P. S. 139, §37; 144, §§3, 4. 


c. 121 ... 


. Mostly in P. S. 159. 




" §§ l.S-21 . 


. P. S. 139, §§ 29-32. 


" §§28,29. 


. R. 1876, 197, § 2. 




" § 22 . . 


. . P. S. 139, § 38. 


c. 122 . . . 


. P. S. 160. 




" §23 . . 


. . R. 1862, 1.39, § 2. 


c. 123 (except § 


29), P. S. 161. 




" §24 . . 


. . P. S. 1.39, § 21. 


" §29 . . 


. R. 1865, 136, § 2. 




" § 25 . . 


. . S. 1869, 409, § 2. 


c. 124 (ex. §§ 2, 


23), P. S. 162. 




" §26 . . 


. . P. S. 139, §§ 12, 41. 


" §§2,23 . 


. R. 1873, 352, § 4. 




" §27 . . 


. . P. S. 143, §§ 5, 0. 


0. 125 . . . 


. . P. S. 163. 




" §28 . . 


. . P. S. 143, §§ 18, 19. 


0. 126 .. . 


. . P. S. 164. 





DISPOSITION MADE OF THE GENERAL STATUTES. 



) ■ 



c. 127 . 

c. 128 ... 

c. 12il (ex. §§ 45, 

" 5 45 

" I (36 
c. 130 . 
c. 131 (except §§ 
13-lU) . 

" §9. . . 

" §§ 13-16 . 
c. 132 (except § 5) . 

c. 13;i (except § 55), 

" § 55 . . 
c. 134, §§ 1-3 . 

" §4. . . 

" §§5,6 . 

" §7. . . 

" §8. . . 

" §9. . . 

" §§10,11. 

" §12 . . 

■" §§13-26. 

" §27 . . 

" §28 . . 

" §29 . . 

" §§ 30^6 . 

" §47 . . 

" §48 . . 

•■ §§49,50. 
r. 135 (ex. §§ 4, 

" §§4,7 . 
c. 13(i, §§ 1-18 

" §§'19-24 . 

" §§23-28. 

" §29 . . 

" §§ 30-37 . 

" §|38, 39. 

" §§ 40-43 . 

" §§ 44^7 . 

" §§ 48-50 . 

" §51 ■ . 

" §§ 52-02 . 

" V63 . . 

" §§64,65. 

" § 66 . . 

" §§ 07-69 . 

" §'70 . . 

" §§71-75. 

" §76 . . 

" §§77,78. 
c. 137, § 1 . . 



" §3. . . 

" §4. . . 

" §5. . . 

" §6. . . 

" §§7-9 . 

" §§10,11. 
c. 13S(ex. §§13, 14), 

'■ §§13,14. 

c. 139 . . . 
c. 140, §§ 1-6 . 

" §§7-12 . 

" §§ 1.3-29 . 

" § 30 . . 

" §§.31-34. 

" §:« . . 

" § .36 . . 

" §37 . . 

" § 38 . . 

" § 39 . . 

" §§ 40-44 . 

" §§45-48. 
c. 141 .. . 
c. 142, §§ 1-J . 

" §5. . . 

" §§ 0-9 . 

" II 10-14 . 

" §1 15-17 . 

" §§ 18-20 . 



P. S. 165. 

P. S. 16G. 

P. S. 167. 

S. 1870, 68. 

S. 1874, 248, § 1. 

P. S. 168. 

F. R. 160. 

Pv. 1873, 212, § 2. 

E. 1870, 393, I 5. 

P. S. 170. 

S. 1876, 196. 

P. S. 171. 

P. S. 173, § 4G. 

P. S. 173, §§ 1-3. 

P. S. 126, § 16. 

P. S. 173, §§ 5, 6. 

P. S. 173, § 4. 

P. S. 173, § 8. 

P. S. 173, § 7. 

P. S. 173, §§ 10, 11. 

P. S. 173, § 9. 

P. S. 173, §§ 12-25. 

P. S. 173, §'27. 

P. S. 173, § 26. 

P. S. 173, § 47. 

P. S. 173, §§ 30-45. 

P. S. 173, § 48. 

O. 

P. S. 176, §§ 1, 2. 

P. S. 174. 

R. 18i;9, 418, § 10. 

P. S. 178, §§ 1-15. 

P. S. 17S, §§ 18-23. 

P. S. 178, M 25-28. 

P. S. 178, § 24. 

P. S. 178, §§ 3.3-40. 

P. S. 178, §1 16, 17. 

P. S. 178, §§ 41-44. 

P. S. 178, II 29-.32. 

P. S. 178, II 48-50. 

P. S. 178, §§ 48, 51. 

P. S. 178, §1 52-61. 

R. 1877, 158, § 3. 

P. S. 178, § 63. 

P. S. 128, § 7. 

P. S. 178, |§ 68-70. 

P. S. 178, §64. 

P. S. 178, |§ 71-75. 

Confirmatory of past acts. 

P. S. 178, §§ 76, 77. 

P. S. 126, § 15. 

P. S. 175, § 1. 

P. S. 121, § 11; 175, § 1. 

P. S. 175, § 10. 

P. S. 175, § 2. 

Merged in P. S. 161, § 27. 

P. S. 175, §§ 5, 6. 

P. S. 175, §1 8, 9. 

P. S. 179. 

Struck out by committee on 

re^^sion. 
P. S. 180. 
P. S. 181, §§ 1-6. 
P. S. 181, §1 8-13. 
P. S. 181, II 21-37. 
P. S. 181, |'43. 
P. S. 181, §§ 38-41. 
P. S. 181, |'7. 
P. S. 181, I 42. 
P. S. 181, I 44. 
P. S. 181, § 14. 
P. S. 181, I 20. 
P. S. 181, |§ 15-19. 
P. S. 181, §§ 45-48. 
P. S. 182. 
P. S. 183, §§ 1-3. 
P. S. 18.3, I 6. 
P. S. 183, §§ 8-12. 
P. S. 183, II 16-20. 
P. S. 183, §§ 35-37. 
P. S. 183, II 40-42. 



c. 142, §§ 21-28 

" § 29 . 

" |§ 30, 31 

" §32 . 

" §§ 33-59 

" §§60-64 

" I 65 . 

" 1 66 . 

" §§67-74 

" §75 . 

" I 76 . 

" §77 . 

" §78 . 

" §§79-81 

" §82 . 

" §83 . 

c. 143, §§ 1-17 

" §18 . 

" §19 . 

" §§20,21 

" §22 . 



c. 144, §§ 1-57 (i 

ce].t§§19-: 

" §§ 19-21 



c. 145, §§ 1-7 

" §§8-11 

" §12 . 

" §§1.3-24 
c. 14(i, §§ 1-13 

" §19 . 

" §§20-31 
c. 147, §§ 1, 

" §3. . 

" |4. . 

" l§5-13 
C. 148 . . 
C. 149, §§ 1-11 

" §12 . 

" §§13-28 

" § 29 . 

" §30 . 

" §31 ■ 

" §§32, .33 

" §§ 34-40 

" §1 47^52 

" §§5:i-(i6 
c. 1.50, § 1 . 

" §2. . 

" §3. . 

■' §4- • 

" |§5-8 

" I'o. . 

'■ §§10,11 

" § 12 . 

" § 13 . 

" § 14 . 

'• § 15 . 

" l§ 11^35 

'• § 36 . 

" |§ 37-39 

" §40 . 

" §41 . 

" §42 . 
c. 151 . . 
c. 152 . . 
c. 153 (ex. § 12) 

" §12 : . 

c. 154, §§ 1-10 

" § 11 

" I 12 

" I 13 

" I 14 

" I 15 
c. 155, § 1 

" §2. 

" §3. 

" §4. 



§7. 



P. S. 183, 
P. S. 183, 
P. S. 183, 
V. S. 183, 
P. S. 183, 
P. S. 183, 
P. S. 183, 
P. S. 183, 
P. S. 183, 
1". S. 183, 
Rendered 
P. S. 183, 
P. S. 183, 
P. S. 183, 
I'. S. 185, 
P. S. 183, 
P. S. 184, 
P. S. 184, 
I'. S. 184, 
P. S. 184, 
P. S. 184, 
P. S. 184, 



§§ 21-28. 

§'30. 

§§ 33, 34. 

§§ 44, 53. 

§§ 45-70. 

§§ 73-77. 

§ 78. 

§ 79. 

|§ 80-87. 

§1. 

luinecessary. 

§4. 

§§ 13-15. 

§73. 

I 50. 

§§ 1-17. 

§24. 

I 23. 

I§ 26, 27. 

§25. 

§ 22. 



P. S. 185. 

O. 

R. 1868, 24, § 2. 

P. S. 186, §§ 1-5. 

P. S. 18(i, §§ 7-11. 

P. S. 186, |§ 0, 12. 

P. S. 186, §§ 14-25. 

P. S. 187, §1 1-15. 

S. 1875, 33. 

P. S. 187, §§ 21-.39. 

P. S. 188, II 1, 2. 

P. S. ISS, § 4. 

P. S. 188, I 3. 

P. S. 1.S8, |§ 5-13. 

P. S. 189. 

P. S. 190, §§ 1-11. 

Dropped as superfluous. 

P. S. 190, §§ 12-25. 

P. S. 190, §'29. 

P. S. 190, 1 20. 

P. S. 190, § 28. 

I>. S. l',:0, I 27. 

1'. S. 1!:0, §§ 30-41. 

li. 1875, 178, § 8. 

P. S. 190, §§ .59-72. 

P. S. 191, § 1. 

P. S. 191, I 3. 

P. S. 191, I 5. 

P. S. 191, I 4. 

P. S. 191,§§(;-10. 

S. 1879. ii:;; § 1. 

P. S. 191, §§ '12, 13. 

P. S. 191, § 20. 

P. S. 191, I 15. 

S. 1871, 78. 

R. 1880. 216. 

P. S. 191, §§ 18-38. 

.Superfluous. 

P. S. 191. §§ 39-41. 

P. S. 191, I 46. 

P. S. 191, §45. 

P. S. 191, I 14. 

P. S. 192. 

P. S. 193. 

P. S. 194. 

Redimdant. See P. S. 1 

§10. 
P. S. 196, §§ 1-10. 
O. 

P. S. 196, § 11. 
P. S. 126, § 16. 
P. S. 122, I 4. 
P. S. 196, § 12. 
P. S. 197, I 1. 
P. S. 197, I 3. 
P. S. 197, § 2. 
P. S. 197, I 6. 
P. S. 197, §§ 8, 9. 
P. S. 197, § 7. 



DISPOSITION MADE OF THE GENERAL STATUTES. 



§§ 20, 21 . 



" §29 

" §3i 
c. 161 . 
c. 1G2 . 
c. 163 . 
c. IGi . 
c. 165 . . 

" §§15-17 



" §41 
c. 166 . 

" §2. 
C. 167 . 

" §10 
c. 168 . 
c. 169 . 
c. 170 . 

" §36 

" §§41,42 

" §45 
c. 171 . 

" § 15 . . 

" §§22,23. 
c. 172 



. p. S. 197, §§ 10-15. 


c. 172, § 17 . 


. R. 1S62, 223, § 18. 




. P. S. 197, §§ 17-19. 


" §19 • ■ 


. P. S. 213, § 16. 




. P. S. 197, § 16. 


c. 173, §§ 1-5 . 


. P. S. 155, §§ 58-62. 




. P. S. 197, §§ 20, 21. 


" § 6 . 


. P. S. 212, § 61. 




. P. S. 197, §§ 4, 5. 


" §§ 7, 8 . 


. P. S. 214, §§ 28, 29. 




. P. S. 197, sS^ 22, 23. 


" §§ 9, 10 . 


. Redmulant. 




. P. S. 19S, §§ 1-3. 


C. 174 . . . 


. Mostly in P. S. 215. 




. S. 1877, 2.36, § 1, cl. 2. 


" §3. . . 


. S. 1868, 141. 




. P. S. 198, § 5. 


" §8. . . 


. S. 1866, 280, § 1. 




. P. S. 198, §§ 7-10. 


" § 9. . . 


. R. 1865, 44, § 2. 




. R. 1879, 226, § 3. 


" § 15 . . 


. Superfluous. 




. P. S. 198, §§ 12-19. 


" § 16 . . 


. R. 1870, 206, § 2. 




. R. 1862, 144, !j 2. 


" § 17 . . 


. R. 1880, 15, § 3. 




. P. S. 198, §§ L'1-27. 


" § 21 . . 


. R. 1880, 120, § 6. 




. P. S. 198, §§ 28, 30, 31. 


'■ §§24,25,28 


. R. 1876, 166, § 7. 




. P. S. 198, § 33. 


c. 175 . . . 


. R. 1877, 200, § 24. 




. Mostly in P. S. 199. 


c. 176 . . . 


. Mostly in P, S. 217. 




. R. 18(i4, 270, § 2. 


" §3. . . 


. Redundant. 




. R. 1871, 241, § 4. 


" §§14-16. 


. 8.1861,184. 




. R. 1863, 231, § 5. 


c. 177 . . . 


. Mostly in P. S. 218. 




. P. S. 200. 


" §§13-16. 


. R. IHiiT, 301, § 3. 




. P. S. 201. 


c. 178 .. . 


. Mostly in P. S. 220. 




. Mostly in P. S. 202. 


;; §8. . ■ 


. R. 1862, 127, § 3. 




. R. 1871, 55. 




. R. 1877, 147, § 2. 




. 0. No slaves now. 


" 1 io '. '. 


. In part S. 1877, 147. 




. S. 1881. 199, § 3. 


" §40 . . 


. P. S. 220, § 45; 222, § 8. 


. P. S. 203. 


" §43 . . 


. P. S. 222, §2. 




. P. S. 204. 


'* § 47 . . 


. R. 1880, 218, § 5. 




. P. S. 205. 


" §63 . . 


. S. 1879, 294, § 31. 




. P. S. 20(i. 


" § 65 . . 


. R. 1864, 311, § 2. 




. Mostly in P. S. 207. 


" §§68-72. 


. S. 1864, 307; 1874,204; 


1879, 


. S. 1862, 108, §§ 1-3. 




294, § 31. 




. R. 1867, 59. 


c. 179 . . . 


. Mostly in P. S. 221. 




. R. 1880, 221, §5. 


" §6. . . 


. S. 1874, 360, § 2. 




. R. 1868, 212, § 10. 


" § 8. . . 


. S. 1879, 294, § 35. 




. Mostly in P. S. 208. 


" §§10,11,14- 


18, 




. R. 1866, 253. 


32-35, 43, 


45- 




. Mostly in P. S. 209. 


47,59,61, 


64- 




. Partly R. 1864, 63. 


68 . . 


. R. 1879, 294, § 36. 




. P. S. 210. 


" 5 J'-' • • 


. S. 1870, 243, § 1. 




. P. S. 211. 




. R. 1880, 120, § 6. 




. Mostly in P. S. 212. 


" § 29 .' .' 


. S. 1864, 303, § 3. 




. S. 1874, 306, § 4. 


" §36 ■ • 


. S. 1872, 282. 




. R. 1862, 169, § 3. 


" §§51,52. 


. R. 1880, 218, § 5. 




. S. 1863, 59, § 1. 


C. 180, §§ 1-3 . 


. R. 1880, 250, § 5. 




. Mostly in P. S. 213. 


" §§4-6,9,10 


. P. S. 222, §§ 12-19. 




. R. 1862, 223, § 18. 


" § 7. . . 


. R. 1865, 44, § 2. 




. R 1869, 433, §4. 


" § 8. . . 


. R. 1866, 289. 




. Mostly in P. S. 214. 


"I 11 ■ ■ 


. S. 18G(i, 284. 




. R. 1864, 121, § 2. 


«. 181 .. . 


. P. S. 223. 





TABLE 



SHOWING THE DISPOSITION MADE OF STATUTES PASSED SINCE THE 

GENERAL STATUTES, AND INCLUDED AS GENERAL IN 

RICHARDSON AND SANGER'S EDITION; 

(BEING A REPRINT OF THE TABLE PREPARED BY THE COMMISSIONERS OX THE 
REVISION, WITH THE NECESSARY ALTERATIONS.) 



EXPLANATIONS. 

P. S. means Public Statutes; O. means Obsolete; R. means Repealed by; S. 
Superseded by; T. means Temporary. 



1860, c. 



^ 




. 0. 


1860, c. 170 .. . 


P. S. 118, 5 61. 


3 




. S. 1868, 325, § 3. 


" 178 .. . 


S. 1867, 267, § 8; 1869, 434. 


11 




. P. S. 15il, § 1). 


" 185 .. . 


S. 1864, 2.S0, § 1; 1867, 340; 


41 




. P. S. 16, § 46. 




1879, 295. 


46 




. Special. 


" 186 . . . 


P. S. 205, 55 5, 6. 


51 




. P. S. 118, § 60. 


" 187 . . . 


P. S. 155, §§ 8, 9. 


53 




. P. S. 203, §§ 110, 111. 


" 188 .. . 


T. 


57, §§ 1 


-3 . P. S. 150, § 32. 


" 189 . . . 


P. S. 1.56, 5 12. 


57, §4 


. T. 


" 191, § 1 . . 


P. S. 199. 5 4. and partly R. 


60 . 


. R. 1864, 137, § 2. 




1862, 216. 5 IS, and S. 1870, 


62, §1 


. P. S. 152, § 17. 




1.51; l.S7i;,'227. 


62, §2 


. T. 


" 191, §§ 2-5 . 


R. 1862, 211 ;, § 18. 


65 . 


. P. S. 171, ? 34, el. 12. 


" 191, § 6 . . 


P. S. 199, § 39. 


70 




. P. S. 161, I 65. 


" 191, § 7 . . 


P. S. 1.54, 5 3K: 1.55, § 77. 


78 




. Confirmatory. 


" 191, § 8 . . 


P. S. 217, § 16. 


83 




. P. S. 79, §§ 14, 15. 


" 191, § 9 . . 


P. S. 159, § 32; P. S. 17, §§15, 


86 




. Special. 




23, 24. 


88 




. S. 1861, 158. 


" 191, §10. . 


P. S. 213,§16; 217,§§1,4,16. 


89 




. Special. 


" 192 . . . 


T., and R. 1860, 221, § 13; 


92 




. P. S. 25, §23. 




1862, 28, § 3. 


93 




. S. 1805, 114. 


" 195 . . , 


P. S. 207. 5 68. 


100 




. S. 1866, 279, § 5. 


" 197 . . . 


P. S. 77, §17. 


101 




. P. S. 44, §43. 


" 1!I9 . . . 


S. 1881, 10. 


103 




. Special. 


" 201 .. . 


R. 1874, 372, § 182. 


109 




. Special. 


" 206 (ex. §§2, 




113 




. Special. 


4,5) . . 


P. S., c. 72. 


121 




. P. S. lOG, § 76. 


" 206,§§2,4,5, 


R. 1873, 210, § 4. 


121 




. P. S. 118, §§ 43-45. 


" 201), § 1 . . 


P. S. 118, §§ 17, 18. 


125 




. Special. 


" 209, § 2 . . 


P. S. 118, § 54. 


128 




. R. 1862, 88. 


" 209, §§3, 4, 5 


0. as to specially chartered 


135, ? 1 


. P. S. 45, § 4. 




banks, and S. by 1861, 


135, §2 


. S. 




72, as to those organized 


138 . 


. R. 1874, .376, § 58. 




under general laws. 


140 




. R. 1862, 177, § 7. 


" 209, § 6 . . 


P. S. 118, § 110. 


143 




. P. S. 213, §§ 1, 2. 


" 209, § 7 . . 


T. 


145 




. P. S. W8, § 4. 


" 210, |§ 1,2. 


P. S. 150, § 32. 


147 




. P. S. 28, § 9. 


" 210, 5 3 . . 


T. 


149 




. P. S. 119, § lOS. 


" 211 .. . 


U. 1862, 140. 


156, § 1 


. P. S 119, Form B ; partly S. 


" 214 .. . 


T. 




1862, 181, § 6. 


" 215, § 1 . . 


P. S. 162, § 17. 


156, § 2 


. P. R. 119, Form D. 


" 215, § 2 . . 


P.S. 162, §34. 


162 . 


. P. S. 24, § 4. 


" 216 . . . 


P. S. 21, § 2. 


163 . 


. R. 1863, l.-iti, § 2. 


" 218 . . . 


O. 


164 . 


. S. 1862, 127, § 1, and 1879, 


" 219 . . . 


P. s. ;io. 




294, § 3. 


" 221 . . . 


Partly T. and S. 1862, 28, 


165 . 


. S. 1864, 122, §§ 2, 4. 




§ 3, and partly in P. S. 90, 


166 . 


. R. 1861, 136, § 1, and 1869, 




5§ 13-21. 




452. 


1861, c. 8 . . . 


Special. 


167 




. P. S. 118, §§ 81-84. 


" 23 . . . 


P. S. 24, § 2. 



Xiv STATUTES PASSED SINCE THE GENERAL STATUTES, ETC. 



84 . 

85 . 
87 . 
91, ^ 1 
ill, § 2 
91, §3 
91, §§ i, 5, 



100 
103 
104 
112 
113 
114 
115 
110 
120 
121 
127 
130 
131 
132 
136 
138 
139 
141 
143 
144 



E. ISOl, 212. 

K. 1802, 111, § 11. 

P. S. 00, §^ :»-37, 40. 

P. S. 118, § UO. 

S. lSli9, 122; 1871, 302. 

Special. 

P. S. 27, § 5. 

O. 

S. 18G7, 203. 

P. S. 185, § 5. 

O. 

P. S. 185, § .39. 

Statute to which these sec- 
tions refer repealed by 
ISIK. 24. 5 2. 



197 
19'.l 



" 200 . . 

" 207 . . 
1801, Resolve 1 . 

" ILesolvo 33 

' ' Resolve 41 
1861, c. 209 . . 

" 210 . . 

" 212 . . 

" 213 . . 



-17. 



1.34 
158 
159 
160 
102 
163 

164 .. . 

165 .. . 
160 . . . 

167 .. . 

168 (except 
§§ 6, 10) . 

108, §§6, 10. 

170 . . . 

171 .. . 

172 . . . 

174, § 1 ■ • 



180 
181 
184 
186 
189 



U. isu, .iT-, 5 182. 
Special. 

V. S. 157, 5^ 49, 50. 
P. S. ll>2, § 32. 
R. 1877, 200, § 24. 
S. 1867, 3>45. 
P. S. 1.54, § 23. 
P. S. 89, § 31. 
R. 18i;4, 201,§G. 
li. 1862, 210, § 2. 
P. S. 114, §§ 20-22. 
n. mV2. 130, § 2. 

P. s. i;ii,§3i. 

p. S. 45, § 14. 

li. IKOll, 415, § 65. 

P. S. 222, § 1. 

O. (See 1862, 176, § 23.) 

S. 1870, 219. 

R. isoii. Ill, § 11. 

Coiilirmatory. 

R. 1S74, 376, ^ 58. 

R. IHiy. 216, i^ 18. 

R. 1S64. 196, §2. 

Special . 

T. 

S. 1866, 169, § 2. 

S. 1865, 228. 

P. S. 118, ^ 62. 

P. S. 198, ^ 28. 

P. S. 127, ii§ 18-20. 

P. S. 28, § 13. 

P. S. 109, ^ 9. 

P. S. 11, §§ 52-57. 



1861, c. 215 
" 216 
" 217 
" 218 
" 219 
" 222 



P. S. 61. 

R. 1S,S0, 230, 5 7. 

P. S. 110, 5 183. 

S. 1864, 208, aud other cor- 
poration tax acts. 

P. S. 1.54, ? 24. 

P. S. 142, ii 13. 

P. S. 136, § 10. 

P. S. 197, § 3. 

O. 

P. S. 114, 5 9. 

P. S. 213, ij 18. 

P. S. 217, !i5 8, 16. 

P. S. 119, §§ 1.59, 160. 

P. S. 119, § 178. 

R. 1862, :id8. 

S. 1869, 43. 

Co!itirniatoi"j'. 

o. 1864, 229; 1871, 381, §§ 18, 
36, 60. 

P. S. 89, §^ 15, 18. 

P. S. 150, § 31. 

R. 1866, 296. 

P. S. 15, § 5. 

P. S. 5, § 18. 

T. 

O. 

S. 1866, 279. 

Repealing statute. 

P. S. 118, § 34. 



68, § 2 
68, §3 



SO 
81 
82, U 

82, I 2 
S3, §1 

83, ^5 : 

83, § 4 

84, :j 1 
84, § 2 
.S5 . 



91, § 1 
91, § 2 
91, § 3 

92 . 

93 . 
!)4 . 
95 . 

101, §§ 1 
101, § 3 

102 . 

103 . 
107 . 

109, §§ 1 
100, 5 3 
109, § 4 
109, § 5 

110 . 

111 . 

112 . 

114 . 

115 . 

116 . 
120 . 
123 . 
127 . 
130 . 
1.31 . 



P. S. 11, § 54. 
O. 

o. 
o. 

R. 1866, 219, 5 189. 

R. 1865, 232, § 6. 

T. 

P. S. 118, § 46. 

P. S. 1.56, I 48. 

P. S. 44, 5 1. 

n. 1880, 250, § 5. 

P. S. 89, § 23. 

P. S. 167, §§ 7, 8. 

,S. (See P. S. 48.) 

P. S. 114, § 10. 

P. S. iX), § 12. 

S. 1866, 189, § 3. 

P. S. 198, § 6. 

P. S. 151, §§ 8, 9. 

Special. 

Special. 

S. 1867, 178, § 14. 

P. S. 44, § 32. 

Speci.al. 

S. 1809, .384, § 30. 

S. 1866, 189, § 3. 

O. 

P. S. 204, § 26. 

R. 1865, 232, § 6. 

T. 

P. S. 157, § 77. 

T. 

P. S. 156, § 1. 

P. S. 60, § 53. 

Special. 

P. S. 102, §§ 47, 48. 

P. S. 199, § 22. 

S. 1866, 298, §§ 5, 7. 

O. 

R. 1874, 372, § 182. 

S. 1878, 11. 

0. 

P. S. 43, § 9. 

T. 

P. S. 16, § 62. 

P. S. 170, 5 36; 214, § 6. 

P. S. 170, 5 37. 

R. 1S0(!, 05, 5 4. 

R. isill. ail.§6. 

Repealing statute. 

R. 1876, i81, § 3. 

P. S. 146, §§ 8, 9. 

P. S. 2, 5 12. 

P. S. 2, 5 11. 

P. S. 2, 5 9. 

S. 1869, 359. 

P. S. 36. § 19. 

Special. 

P. S. 118, § 69. 

P. S. 205. § 11. 

P. S. ir,, t;.Vi,-,;27, §111. 

]'. .s. i.vi, ;:5 lU-oo, 71. 



IS2. 



i'. .S. l.:,l, i 12, and partly 

special. 
P. S. 21,§H, G- 
S. 1867, 138, 5 4. 
S. 1874, 360, I 1. 
P. S. 21, § 5. 
T. 

R. 1866, 219, § 189. 
R. 1S(U, 307, § 8. 
P. S. 156, § 48. 
P. S. 152, ^ 8. 
P. S. 139, § 34. 
R. 1870. 203, 5 28. 
R. 1874, 372, § 182. 
P. S. 220, 5§ 9, 10. 
P. S. 77, §§ 10, 11. 
P. S. 116, §6; 118, §113; 119, 

§14. 
P. S. 60, §§ 67, 68. 



STATUTES PASSED SINCE THE GENERAL STATUTES, ETC. 



1862, c. 135 . 




. R. 1874, 372, § 182. 


1862, c. 208 . 


. Repealing statute. 


" 137 . . 


. P. S. 157, § 138. 


" 209 . 


. S. 1866, 279, § 4. 


" 138 . . 


. P. S. 90, §§ 22-25. 


" 210 . 


. R. 1870, 224, § 69. 


" 13!) . . 


. R. 1866, 122. 


" 212 . 


. S. 1864, 99; 1876, 110, ete. 


" liO . . 


. Repealing statute. 


" 213 . 


. P. S. 85, § 19. 


" 141 . . 


. P. S. 155, ^§ 37-39, 41. 


" 214 . 


. S. 1874, 380; 1879, 197. 


" 144 . . 


. P. S. 198, § 20. 


" 215, §§ 1 


2. P. S. 150, §31. 


" 145 . . 


. P. S. 119, § 15. 


" 215, § 3 


. P. S. 152, § 17. 


" 146 . . 


. R. 1873, 225, § 2. 


" 216, §§ 1-15, Partly S. by various acts 


" 147 . . 


. 0. 




and partly in P. S. 199 


" 148 . . 


. S. 1868, 198. 




§§ 6-34; 212, § 35. 


" 151 . . 


. R. 1S65, 232, § 6. 


" 216, § 10 


. P. S. 27, § 32. 


" 152 . . 


. P. S. 98, § 2. 


" 216, § 17 


. P. S. 27, §34. 


" 153 . . 


. Special. 


" 217, §§ 1 


2. P. S. 154, §§ 40, 41. 


" 157 . . 


. P. S. 22, §20. 


" 217, § 3 
" 217, § 4 


. P. S. 154, § 61. 


" 158 . . 


. R. 1876, 88. 


. R. 1874, 271, § 1.3. 


" 159, §§ 1- 


3,5, P. S. 212, ?H8-51. 


" 217, § 5 


. S. 1880, 20, § 4. 


" 159, § 4 . 


. See P. S. 2i2. M6. 


" 217, § 6 


. S. 1877, 236. 


" KiO . . 


. P. S. 20:;, ^ s::. 


" 218 . 


. R. 1870, 224, § 69. 


" 161 . . 


. S.1869,:'.si,^L'S; 1N74,186,§1. 


" 219 . 


. R. 1863, 41, § 4. 


" 162 . . 


. P. S. 162, §§ 6-lD. 


" 220 . 


. R. 186)4, 307, § 8. 


" 164 . . 


. S. 1869, 90, § 2. 


" 221 . 


. S. 18136, 219, § 189. 


" 165 . . 


. R. 1866, 224. 


" 222 


. P. S. 102, § 123. 


" 166 . . 


. R. 1865, 232, § 6. 


" 223, § 1 


. P. S. 87, § 2. 


" 167 . . 


. R. 1866, 219, § 189. 


" 223, § 2 


. P. S. 87, § 3. 


" 168, § 1 . 


. P. S. 207, § 15. 


" 223, § 3 


. P. S. 87, §§ 11, 12. 


" 168, §§ 2 


4, P. S. 212, § 2, cl. i. 


" 223, § 4 


. P. S. 87, § 14. 


" 168, § 3 . 


. P. S. 207, § 16. 


" 223, 1 5 


. P. S. 87, §15. 


" 168, I 5 . 


. P. S. 212, § 9. 


" 223, § 


. P. S. 87, §§ 17, 18. 


" 16<.l, § 1 . 


. R. 1874, 30(3, § 2. 


" 223, § 7 


. S. 1880, 250, § 3. 


" 169, § 2 . 


. P. S. 162, § 5. 


" 223, § 8 


. S. 1879, 195, § 3. 


" 170 . . 


. S. 1879, 267. 


" 223, § 9 


. S. 1879, 195; 1880, 149. 


" 172 . . 


. R. 1877, 200, § 24. 


" 223, § 10 


. P. S. 87, § 33. 


" 174 . . 


. R. 1864, 201, § 6. 


" 223, § 11 


. P. S. 87, § 32. 


" 176 (ex. 


§§ 


" 223, § 12 


. P. S. 17, § 23. 


17, 18, 


23) P. S., c. 70. 


" 223, § 13 


. P. S. 87, § 39. 


" 176, § 17 


. R. 1869, 236, § 1. 


" 223, §§ li 


,15, R. 1871,321, §7. 


" 176, § 18 


. P. S. 21, § 6. 


" 223, § 16 


. P. S. 87, §45. 


" 176, § 23 


. T. 


" 223, § 17 


. P. S. 213, § 15; 214, § 19. 


" 177 . . 


. Special. 


" 224, §§ 1 


2, R. 1873, 141, § 15. 


" 178 . . 


. P. S. 68, § 1. 


" 224, ^ 3 


. S. 1865, 283, § 18. 


" 179, ^ 1 . 


. P. S. 157, ^§ 19, 22. 


" 224, § 4 


. S. 1868, 315. 


" 179; s^ 2 . 


. P. S. 157, ? 21. 


" 224, § 5 


. P. S. 13, § 20. 


" 179, ^ 3 . 


. P. S. 157, § 41. 


" 224, §6 


. R. 1873, 141, § 15. 


" 179, § 4 . 


. K. 1879, 245, § 10. 


" 224, §§ 7 


-9 . P. S. 13, §§ 21, 51. 


" 179, § 5 . 


. P. S. 157, ^ 139. 


" 224, § 10 


. R. 1873, 141, § 15. 


" 179, § G . 


. P. S. 157, § 102. 


" 224, § 11 


. P. S. 13, § 22. 


" 179, § 7 . 


. P. S. 157, § 46. 


" 224. § 12 


. P. S. 13, § 23. 


" 179, 5 8 . 


. P. S. 157, §78. 


" 226 . 


. S. 1872, 300. 


" 180, § 1 . 


. R. 1874, 376, § 58. 


1863, c. 6 . 


. T. 


" 180, § 2 . 


. Confirmatory. 


17 . 


. S. 1879, 197. 


" 181, § 1 . 


. P. S. 119, § 101. 


20 . 


. Special. 


" 181, § 2 . 


. P. S. 119, §§ 102, 103. 


" 25 


. R. 1864, 108, § 3. 


" 181, § 3 . 


. P. S. 119, § 104. 


28, §4 


. P. S. Hi. §62. 


" 181, ^ 4 


. Repeal. 


33 . 


. P. S. 152. § 26. 


" 181, §5 


. P. S. 119, § 79. 


38 . 


. Confirmatory. 


" 181, § 6 


. P. S. 119. Forms. 


41 . 


. T. 


" 182 . 


. R. 1870, 224, 09. 


44 . 


. S. 1873, 262. 


" 183, 5 1 


. P. S. 12, § 40. 


58 . 


. 0. 


" 183, 5 2 


. P. S. 12, §§ 42, 43. 


" 59 


. P. S. 212, §§ 56, 57. 


" 183, § 3 


. P. S. 12, § 41. 


64, § 1 


. P. S. 159, § 11. 


" 183, 5 4 


. P. S. 12, §43. 


" 64, § 2 


. P. S. 159, §§ 13, 14, 32. 


" 183, ? 5 


. P. S. 12, §§ 40, 75. 


65, § 1 


. 0. 


" 183, § 6 


. P. S. 12, ^ 39. 


" 65, § 2 


. R. 1863, 229, § 5. 


" 183, ? 7 


. P. S. 12, §58. 


71 . 


. P. S. 157. § 23. 


" 183, 1 8 


. P. S. 12, § 56. 


" 75 


. P. S. 70, § 5. 


" 183, § 9 


. P. S. 12, § 16. 


78 . 


. P. S. 1.55. § .-3. 


" 183, § 10 


. P. S. 12, § 36. 


79 . 


. . R. 1865. 2:12, § 6. 


" 183, § 11 


. P. S. 1.57, § 104. 


85 . 


. P. S. 118, § 117. 


" 184 . 


. Special, and see P. S. 6, § 4. 


86 . 


. . P. S. 27, § 15. 


" 185 




. P. S. 192, § 22. 


87 . 


. . P. S. 5, §2. 


" 187 




. P. S. 16, §§ 60, 61. 


91 . 


. 0. 


" 1S.S 




.0. 


" 99 . 


. . P. S. 220, §4. 


" 18, > 




. P. S. 220, § 60. 


" 100 . 


. . S. 1871, 381, § 27. 


" 190 




. P. S. 172, §§ 4-6, 47. 


" 102 . 


. . 0. 


" 195 




. P. S. 1, § 3. 


" 108 . 


. . R. 1869, 303, § 2. 


" 198 




. P. S. 147, § 11. 


" 109 . 


. . P. S. 146, §§ 8, 9. 


" 199 




. S. 1870, 370, § 4. 


" 113 . 


. . S. 1867, 130, § 2. 


" 202 




. T. 


" 114 . 


. . P. S. 53, §§ 8, 9. 


" 203 




. R. 1869, 303, § 2. 


" 115 . 


. . T. 


" 205 




. P. S. 102, §§ 29-31. 


" 117 . 


. . Special. 


" 207 




. S. 1873, 262. 


" 118 . 


. . 0. 



Xvi STATUTES PASSED SINCE THE GENERAL STATUTES, ETC. 



1863, c. 110 




" 122 




" 124 




" 123, 


§1 • 


'■ 125, 


§2 . 


" 12:; 




" 127 




" 128 




" i:!0 




" 1:11 




" lay, 


§§li2 


" 13<), 


§3 . 


" 140 




" 143 




" 144 




" 14U 




" 148 




" 154 




" 155 




" 156 




" 157 


§ 1 • 


" 157 


§2 . 


" 157 


§3 . 


" 158 




" 150 




" 164 





173 . . 

174 . . 

175 . . 

176 . . 

177 . . 

178 . . 
170 . . 
ISO, 5 1 . 
ISO, § 2 . 

181 . . 

182 . . 
184, § 1 . 
184, § 2 . 
100 . . 
103 . . 
107, 5 1 
107, § 2 
108 . 
100 . 
200, § 1 

200, 5 2 

201, i^ 1 
201, § 2 

212 . 

213 . 



215 . . 

216 . . 
217, § 1 . 
217, § 2 . 
210 . . 

223 . . 
224 

225 . . 
220 . . 
230 . . 
231, § 1 . 
231, § 2 . 
231, § 3 . 
231, ? 4 . 
231, § 5 . 

234 . , 

235 . , 

236 . 
230 . 
240 . 
240, § 4 
240, §6 
242 . 



B. 1864, 201, § 6. 

O. 

T. See 13 U. S. St3. p. 303 

§173. 
P. S. 172, § 53. 
P. S. 155, § 24. 
R. 1876, 47, § 4. 
P. S. 85, §§ 6-8, 10, 22. 
S. 1873, 262. 
Conflrmatory. 
B. 1874, 372, § 182. 
R. 1864, 202, § 3. 
P. S. 80, § 32. 
S. 1864, 122. 
P. S. 08, § 2. 
K. 1874, 376, § 58. 
P. S. 156, § 48. 
P. S. 119, § 155. 
O. 
O. 

P. S. 158, § 9. 
P. S. 155, § 5. 
P. S. 188, § 2. 
P. S. 160, § 2. 
P. S. 169, §§ 7, 8. 
O. 
S. 1864, 208, §7; 1865,267; 

1868, 315. 
B. 1874, 184, § 5. 
E. 1866, 210, ^ 180. 
S. 1865, 101, § 7; 1870, 205, 

§7. 
P S. 65, § .30. 
1>. S. lis." !;■■'; 05-08. 

!;. isTi;, -jiy-'. •', 2S. 
i;. isio. -s.'-:. § 0. 

p. S. 22, § 12. 
P. S. 36, § 25. 

S. 1S76, 123; 1877, 151, §§ 3-(;. 

, P. S. 152. § 11. 

. P. S. 153, § 8. 

, S. 1866, 298, § 3. 

, P. S. 77, § 8. 

. S. 1864, 200. 

. P. S. 80, § 46. 

. P. S. 36, ^§ 3, 7, 14, 15. 

, B. 1866, 210, § 180. 

. P. S. 150, § 51. 

. S. 1877, 211, § 1. 

. B. 1874, 376, § 58. 

. P. S. 89, § 52. 

. P. S. 24, § 8. 

. P. S. 24, 1 11. 

. P. S. 77, § 19. 

. P. S. 77, § 18. 

. E. 1874, 372, § 182. 

. S. act of Congress beinj 

repealed. 

. B. 1874, 156, § 3. 

. T. 

. P. S. 137, 5 9. 

. B. 1868, 327, § 3. 

. O. 

. O. 

. S. 1804, 229, §§ 20-32, 45. 

. E. 1874, 372, § 182. 

. P. S. 24, § 17. 

. Has been acted on. 

. P. S. 142, § 4. 

. P. S. 109, § 18. 

. B. 1S70, 224, § 60. 

. P. S. 100, § 19. 

. S. 1874, 3(i0. 

. Eepealing clause. 

. B. 1876, 203, § 28. 

. O. 

. B. 1864, 208, § 18. 

. B. 1864, 269. 

. S. (mostly). 1879, 291. 

. P. S. 70, ^ 9. 

. P. S. 86, § 1. 

. S. 1867, 50. 



1863, 


c. 243 . . 




244 . . 




245, §§ 1, 2 




245, § 3 . 




246 . . 




247 . . 




248, § 1 . 




248, § 2 . 




24S. § 3 . 




240, §§1,2 




240, §§ 3-5 




240, § 6 . 




240, §§ 7-9 




240, § 10 . 
'*51 








254 '. '. 


1863, Resolve 56. 


1864 


C. 2 . . 



114, § 2 . 

114. § 3 . 

120 . . 

121 . . 

122, §§ 1, ; 

122, § 3 . 
122, §§ 4, ! 



137, § 1 . 



138 




130 




143, 


§§1 


113, 


§§3 


144 




150 




151, 


H ■ 


151, 




151, 


§3 


152 




150 




161, 


§1 


161, 


§ 2 


163 




107 




168 




160 




170 




172 




173 




174 




180 





B. 1864, 238, § 179; 1866, 219, 
§189. 

O. 

S. 1881, 203. 

T. 

R. 1870, 224, § 69. 

B. 1864, 201, § 6. 

P. S. 213, § 21. 

P. S. 203, § 60. 

P. S. 203, § 01. 

P. S. 119, § 50. 

P. S. 110, §§ 100, 101, 103-106. 

P. S. 110, § 97. 

P. S. 119, §§ 59-61. 

P. S. 119, § 213. 

O. 

O. 

O. 

P. S. 89, § 57. 

B. 1876, 203, § 28. 

T. 

S. 1864, 238; 1866, 219. 

E. 1877, 200, § 24. 

P. S. 110, § 55. 

Special. 

Special. 

E. 1865, 232, § 6. 
O. 

P. S. 22, § 12. 
P. S. 42, §4. 
S. 1878, 172, § 1. 

P. S. 209, § 12. 
. O. 

, B. 1872, 152, § 11. 
, P. S. 1, § 3. 
. O. 

. r. S. 98, § 4. 
. O. 

. P. S. 156, § 39. 
. S. 1865, 262, § 1. 
. T. 
. T. 

. n. 1866, 150. 
, P. S. 27, § 10. 
. T. 

. P. S. 27, § 85; 34, § 3. 
. P. S. 150, § 9; 153, § 15. 
. P. S. 110, § 40. 
. P. S. 110, § 1S4. 
. r. S. 110, § 210. 
. P. S. 110, § 211. 
. T. 

. P. S. 214, § 12. 
:, P. S. 57, §§ 1, 2. 
. B. 1867, 204. 
i, S. 1880, 209. 
. B. 1876, 203, § 28. 
. S. 1869, 350. 
. O. 

. P. S. 142, § 18. 
. B. 1870, 105, § 2. 
. P. S. 06, §§ 8, 0. 
!, E. 1865, 232, § 6. 
I, T. 

. E. 1865, 68. 
. Special. 
. P. S. 68, § 18. 

. P. S. 68, § 8. 

. P. S. 68, § 10. 

. R. 1865, 2:iO, § 3. 

. P. S. 35, § 51. 

. I'. S. 110, § 105. 

. E. 1872, 370. 

. P. S. 53, §§ 22, 23. 

. B. 1874, 372, § 182. 

. P. S. 141, §§ 20, 21. 

. B. 1874, 170, § 2. 

. O. Hospital sold to city. 

. P. S. 11, § 27. 

. P. S. 142, §§ 14-16. 

. P. S. 27, §§ 86, 93. 

. O. 



STATUTES PASSED SINCE THE GENEKAL STATUTES, ETC. 



1864, c. 190 (ex. § 


5), O. 


" im, § 5 


. P. S. 118, § 46. 


" 194 . 


. P. S. 222, § 24. 


" 195 . 


. Confirmatory. 


" 196 . 


. P. S. 119, § 138. 


" 197 . 


. P. S. 119, § 167. 


" 198 . 


. P. S. 147, §§ 1, 6. 


" 201 (part 


of 


§1). 


. P. S. 105, § 22. 


" 201 (part 


of 


§1.§§1 


,3), S. 1865, 283; 1869,444. 


" 201, § 4 


. P. S. 11, § 28. 


" 201, §§5 


6. T. 


" 202 . 


. S. (See P. S. 89, § 18 et 




seq.) 


" 208 . 


. S. 1865, 283. 


" 209 . 


. S. 1874, 293, § 18. 


" 210, §§ 1 


2 T. 


" 210, § 3 


''. P. S. 11, 5 88. 


" 210, § 4 


. P. S. 11, ^ 89. 


" 210, § 5 


. T. 


" 210, § 6 


. Partly P. S. 11, § 89; partly 

T. 
. O. 


" 211 . 


" 212, § 1 


. P. S. 1.34, §§ 19, 20; partly S. 




1871, 282, § 1. 


" 212, § 2 


. P. S. 134, §§ 19, 20. 


" 212.' Ij 3 


. S. 1871, 282, § 1. 


" 212, § 4 


. P. S. 142, § 6. 


" 213 . 


. R. 1871, 310, § 11. 


" 214 . 


. P. S. 152, § 11. 


" 215 . 


. P. S. 170, § 2. 


" 216 . 


. S. 1873, 371, § 4. 


" 217 . 


. Eepealing statute. 


" 218 . 


. E. 1866, 210. 


" 219 . 


. E. 1870, 224, ? 09. 


" 220 . 


. P. S. 119, § 158. 


" 229 . . 


. E. 1871, 381, § 60. 


" 230 . 


. O. 


" 231 . 


. Special. 


" 232 . 


. O. 


" 234 . . 


. Special. 


" 238 . . 


. E. 1866, 219, § 189. 


" 239 . . 


. E. 1S60, 75. 


" 240 . 


. S. 1879, 35, § 1. 


" 24S . . 


. Contirmatory. 


" 250, § 1 . 


. P. S. 214, 5 26. 


" 2.50, § 2 . 


. P. S. 214, § 25. 


" 250, 5 3 . 


. P. S. 214, § 27. 


" 250, Jj 4 . 


. P. S. 213, § 40. 


" 250, § 5 . 


. E. 18G6, 228. 


" 264 . . 


. P. S. 157, § 92. 


" 256 . . 


. S. 1869, :359. 


'■ 258 . . 


. S. 1880, 221. 


" 259 . . 


.. Special. 


" 262 . . 


. 0. 


" 265 . . 


. E. 1865, 251. 


" 269 . . 


. Eepealing statute. 


" 270 . . 


. P. S. 220, § 26. 


" 273 . . 


. Special. 


*' 274, § 1 , 


. P. S. 199, § 8. 


" 274, 5 2 . 


. P. S. 199, 5 28. 


" 274, § 3 . 


. P. S. 199, 1 29. 


" 276 . . 


. P. S. 147, § 6. 


" 277 . 


. S. 1875, 34. 


'• 279 . . 


. T. 


" 280, § 1 . 


. P. S. 22, § 14. 


" 280, § 2 


. P. S. 23, 55 6, 8, 9, 14. 


•' 280, ^ 3 . 


. P. S. 23, 5 11. 


" 280, § 4 


. P. S. 23, §§ 7, 9. 


" 280, ^ 5 . 


. P. S. 23, § 32. 


" 280, § 6 . 


. P. S. 23, § 28. 


" 281 . . 


. S. 1868, 198. 


" 282 . . 


. S. 1879, 280. 


" 283 . . 


. P. S. 1, § 3. 


" 286 . . 


. Confirmatory. 


" 287 . . 


. P. S. 3,§2. 


" 288, |§ 1- 


5. E. 1871, 321, § 7. 


" 288, 1 6 . 


. S. 1879, 195. 


*' 288, § 7 . 


. P. S. 87, § 25. 


" 288, § 8 . 


. P. S. 87, § 53. 


" 288, § 9 


. P. S. 87, § 54. 



288, §§ 10, 11, 0. No such receptacle es- 




tablished. 


288, § 12 


. S. 1874, 360, § 2 


288, § 13 


. E. 1867, 108. 


289 . 


. . Special. 


290,5 1 


. . P. S. 89, § 35. 


290, §2 


. O. 


292 . 


. . E. 1865, 180. 


293 . 


. E. 1868, 56. 


294 . 


. T. 


296 . 


. P. S. 61, § 5. 


298 . 


. . S. 1867, 357; 1871,360. 


299 . 


. S. 1867, 130. 


300 . 


. T. 


301 . 


. E. 1878, 265, § 165. 


302 . 


. P. S. 173, §§ 28, 29. 


303, § 1 


. S. 1879, 294, § 35. 


303, § 2 


. P. S. 221, § 59. 
. P. S. 221, § 60. 


303, § 3 


.304 . 


. E. 1870, 393, § 5. 


305 . 


. S. 1867, 130. 


306 . 


. E. 1871, 338, § 7. 


307 . 


. S., and E. 1867, 209, § 5; 




1874, 264; 1877, 120. 


308 . 


. E. 1876, 83, § 5. 


311 . 


. Eepealing statute. 


313 . 


. O. 


7 . 


. P. S. 28, § 14. 


8 . 


. T. 


10 . 


. P. S. 119, § 107. 


11 . 


. U. S. Const. 


13 . 


. P. S. 161, § 2. 


19 . 


. R. 1866, 219, § 189. 


31 . 


. P. S. 53, §§ 13, 14. 


32 . 


. O. 


33 . 


. P. S. 198, §29. 


40, §4 


. P. S. 16, § 62. 


42 . 


. P. S. 165, § 19. 


43 . 


. P. S. 183, §§ 38, 39. 


44 . 


. P. S. 222, 4 15. 


45 . 


. P. S. 161. 5 25. 


46 . 


. E. 1.S61I, 246, § 10. 


4S . 


. Special. 


5S . 


. Special. 


67 . 


. P. S. 209, § 11. 


(;s . 


. P. S. 6, § 10. 


(i9 . 


. P. S. 31. 


76 . 


. E. 1870, 224, § 69. 


81 . 


. P. S. 159, § 41. 


82 . 


. O. 


90 . 


. P. S. 114, § 4. 


96 . 


. E. 1866, 138, § 2. 


100 . 


. P. S. .".8, § 14. 


101 . 


. P. S. I'W, § 6. 


108 . 


. O. 


10! 1 . 


. P. S. 1, § 3. 


ni . 


. T. 


11-; . 


. P. S. 157, §§ 125, 126. 


Ill . 


. P. S. 24, § 29. 


115, § 1 


. P. S. 63, § 16. 


115, § 2 


. P. S. 63, § 1. 


121 ' . 


. P. S. 11, § 73. 


122 . 


. T. 


123 . 


. E. 1874, 157, § 2. 


124 . 


. T. 


127, 5 1 


. P. S. 203, 5 73. 


127, § 2 


. P. S. 212, § 2. 


134 . 


. P. S. 44, § 25. 


13(i . 


. P. S. 161, § ;«. 


112, § 1 


. P. S. 43, § 5. 


142, § 2 


. E. 1874, 303, § 3. 


142, §3 


. P. S. 46, § 7. 


143 . 


. E. 1865, 271. 


146 . 


. Amended and made tem- 




porai-j' by 1874, 386. 
. P. S. 118, §§ 50, 104. 


147, 5 1 


147, § 2 


. 0. 


148 . 


. o. 


151 . 


. o. 


152 . 


. E. 1866, 70. 


154 . 


. O. 


155 . 


. P. S. 183, §43. 



XnU STATUTES PASSED SINCE THE GENERAL STATUTES, ETC. 



18C5, c. 153 




P. 0.2, §32; 4, §§1,3. 


1805, 0. 283, §§ 2C 


, 21, Repealing clause and S. 


" 157 




S. 1800, 305. 


" 284 . . 


. O. 


" 153 




R. 1860, 24(i. § 10. 


1865, Resolve 27 


. T. 


■•• KiO 




R. 1870, 215. 


" Resolve 76 


. T. 


" 101 




P. S. 85, § 12. 


1866, c. 9 . . 


.. P. S. 212, §§ 12, 13. 


" 162 




P. S. 86, §§ 25-27. 


14 




. Special. 


" 103 




0. 


33 




. P. S. 119, §§ 147-150. 


" 173 




Special. 


39 




. T. 


" 173 




R. 1S74. .372, § 182. 


" 40 




. S. 1872, 100. 


" 178 




Speci.ll. 


47 




. P. S. 175, §§ 3, 4. 


" 170 




P. S. 107, § 43. 


48 




. S. 1873, 354. 


" 180 




Repealing statute. 


53 




. P. S. 43, § 2. 


" 182 




Coutii-matory. 


" 50 




. S. 1872, 300. 


" 183 




O. 


00 




. P. S. 150, § 48. 


" 18G 




P. S. 142, § 17. 


05, § 1 . 


. S. 1872, 329; 1880, 193. 


" 101 




R. 1870, 205, § 7. 


" 05, §§ 2 


3, P. S. 4. 55 2. 3. 


" 103 




P. S. 4, § 4. 


" 07 . . 


. R. is7o,2;;r,, §2. 


" 104 




R. 1.800, 150, § 4. 


70 




. Re] KM liny statute. 


" 107, §§ 1-3 . 


Covered bv 1807, 130. 


" 75 




. Repealing statute. 


" 107, § 4 . . 


P. S. 102, § iX!. 


84 




. O. 


" 200 . . . 


P. S. 11, §5, els. 0,7. 


" 101 




. S. 1867, 178, § 2. 


" 207 .. . 


R. 1870, 393, § 5. 


" 103 




. S. 1870, 15, § 1. 


" 208, U ■ ■ 


P. S. 215, § 18. 


" 104 




. P. S. 82, § 5. 


" 208, §§ 2-i . 


P. S. 220, §§ 18-20. 


" 112 




. R. 1877, 09, § 6. 


" 200 .. . 


S. 1872, 333. 


" 113 




. R. 1807, 215. 


" 210 . . . 


Special. 


" 116 




. S. 1808, 213. 


" 223 


R. 1800, 415, § 65. 


" 117 




. S. 1879, 250. 


" 224 


S. 1867, 260; 1870, 359, § 14; 


" 120 




. S. 1876, 190. 




1872, 08. 


" 121 




. S. 1809, 73. 


" 228 .. . 


S. 1871, 190; 1872, 7, 328. 


" 122 




. P. S. 139, §§ 39, 40. 


" 230 . . . 


R. 1870, 302, § 6. 


" 138 




. P. S. 32, § 12. 


*' 231, § 1 . . 


P. S. 15, § 14. 


" 139 




. O. 


" 23l', 1 2 . . 


P. S. 205, § 24. 


" 148, § 1 . 


. P. S. 140, § .35. 


" 232 .. . 


S. 1866, 172, § 8; 1870, 301. 


" 148, §§ 2 


3, P. S. 14(1, §§ 11, 12. 


" 234 .. . 


P. S. 27, § 01. 


" 148, § 4 . 


. S. 1881, 234. § 4. 


" 235 .. . 


P. S 140, 5 23. 


" 1-18, § 5 


. R. 1870, .303, §5. 


" 230 .. . 


P. S. 105, §§ 14, 13. 


" 149, § 1 


. S. 1879, 263, § 1. 


" 230 .. . 


R. 1874, 372, § 182. 


" 1*», § 2 


. P. S. 10, §§ 2, 0. 


" 241- . . . 


P. S. 220, § 23. 


" 149, § 3 


. P. S. 10, § 7. 


" 242 .. . 


S. 1872, 321. 


" 149, § 4 


. P. S. 10. § 8. (See 1878, 74, 


" 243 .. . 


R. 1860, 96, § 3. 




§ 1, and P. S. 10, § 12.) 


" 244 .. . 


R. 1866, 285. 


" 140, § 5 


. P. S. 10, § 17. 


" 245 .. . 


P. S. 2, § 13. 


" 140, § 


. P. S. 19, § IS. 


" 246 .. . 


S. 1807, 270. 


" 140, § 7 


. P. S. 19, § 2. 


" 247 .. . 


S. 1870, 7il-81, 107. 


" 140, § 8 


. P. S. 19, § 2. 


" 240 .. . 


li. 1871,304, ^ 10. 


" 150 . 


. Repealing statute. 


" 230 .. . 


R. 1800, 210, § 189. 


" 151 . 


. P. S. 24, §29. 


" 251 .. . 


O. 


" 152 . 


. P. S. 00, §§ 0, 7. 


" ''32 . . . 


P. S. 82, §§ 6, 7. 


" 100 . 


. S. 1877, 210, § 1. 


" 253 . . . 


P. S. 98, §§ 10-12. 


" 170 . 


. P. S. 11, §85. 


" 234 .. . 
'* 255 . . . 


Repealing statute. 
P. S. 45, ij§ 50-(J2. 


" 172 . 

" 174 . 


. R. 1877, 102, 5 11. 
. R. Iful. :'S2, 5 11. 


" 256 . . . 


R. 1876, 100, § 2. 


" 187, §§ 1 


2, 11. l.'Td, ---^i. § 00. 


" 257 . . . 


P. S. .33, § 43. 


" 187, §§ 3- 


8 . P. S. 01, 55 (i::-07. 


" 258 .. . 


P. S. 137, § 11. 


" 180, § 1 


. p. S. 114, § 1. 


" 250, § 1 . . 


P. S. 100, ^ 24. 


" 180, § 2 


. R. 1800, 128. 


" 230, S 2 . . 


P. S. 157, § 7. 


" 180, § 3 


. P. S. 20, §7. 


" 25 1, 1 3 . . 


P. S. 21, § 11. 


" 180, § 4 


. Speci.al. 


" 201 . . . 


S. 1871,381, §00. 


" 100 . 


. P. S. 150, 5 08; 109, § 11. 


" 202 .. . 


Abolishes certain offices. 


" 102 (ex. § 


§0, 


•• 263 . . . 


P. S. 80, § 88. 


8-10) 


.- P. S. 110, 5§ 1, 3-0, 0. 
10, )R. 1870, 203, § 28. 


" 2(;7 . . . 


Repealing statute. 


" 192, §§0, 


" 208, U . ■ 


S. 1870, 195, § 3. 


" 192, § S 


. P. S. 118, §§ 15, 36, 67, 112. 


" 268, § 2 . . 


P. S. 87, § 15. 


" 192, § 


. S. 1870, 214. 


" 200 . . . 


S. 1800, 280. 


" 193, § 1 


. P. S. I(i2, § 08. 


" 270 .. . 


P. S. 149, §§ 8, 9. 


" 193, § 2 


. P. S. 100, § 1. 


" 271 . . . 


R. 1806, 75. 


" 104 . 


. S. 1872, 300. 


" 274 . . . 


O. 


" 105 . 


. P. S. 27, §§ 25, 26. 


" 277 .. . 


P. S. 207, § 09. 


" 106 . 


. P. S. 11, § 4. 


" 281 .. . 


P. S. 153, § 53. 


" 107 . 


. P. S. 08, § 0. 


" 283, § 1 . . 


P. S. 11, § 86. 


" 108, § 1 


. Has been acted on. 


" 2S:;, § 2 . . 


P. S. 13, § 7. 


" 198, §§ 2- 


4 . P. S. 88, §5 2-4. 


" 283, 5!$ . 'MO, 


P. S. 13, §§ 38-45. 


" 108. § .1 


. R. 1870, 288, § 4. 


" 2S3, 5 11 . 


P. S. 13, § .53. 


" 108, § 


. P. S. 70, § 10. 


" 283, § 12 . 


P. S. 13, ^ 1 ; 16, § 18. 


" 198, §§ 7, 


8 . Fall with § 5. 


" 283, ^ 13 . 


P. S. 1.3, §§ 61, 02. 


" 108, § 


. T. 


•' 283, § 14 . 


P. S. 11, §87; 13, §§7, 54. 


" 198, § 10 


. Merged in other sections. 


" 283, ^ 13 . 


P. S. 13, §§ 57, 58. 


" 200 . 


. P. S. 190, § 48. 


" 283, § 10 . 


P. S. 13, § 50. 


" 208, § 1 


. R. 1809, 168. 


" 283, ^ 17 . 


P. S. 13, § 59. 


" 208, § 2 


. P. S. 43, § 3. 


" 283, § 18 . 


P. S. 13, §§ 51, 00. 


" 209, § 1 


. P. S. 89, 5 4. 


" 283, I 


19 . 


O. 


" 209, § 


2 


. P. S.89, §3. 



STATUTES PASSED SINCE THE GENERAL STATUTES, ETC. 



1866, c. 209, § 3 . 


S. 1879. 201, § 10. 


1867, c. 52 . 


. . P. S. 13, §§ 63-66. 


" 209, §§ 4, 5 


P. S. 79. § 11. 


" 56 . 


. . P. S. 77, § 3. 


" 209, § 6 . 


S. 1880, 208, § 2. 


" 58 . 


. . P. S. 145, §§ 16, 17, 22, 25. 


" 209, § 7 . 


P. S. 89, § 5. 


" 59 . 


. . P. S. 207, § 22. 


" 209, § 8 . 


S. 1879, 291. 


67 . 


. . P. S. 159, § 55. 


" 209, § 9 . 


T. 


" 69 . 


. . R. 1872, 42. 


" 210 . . 


Repealins; statute. 


" 70 . 


. . P. S. 91, § 96. 


" 211, ?§ 1-3 


P. S. SO, ^§ 30-38. 


" 96 . 


. . Special. 


" 211, § 4 . 


O. 


" 97 . 


. . P. S. 84, § 17. 


" 219 . . 


R. 1S73, 313, § 171. 


" 98 . 


. . P. S. 43, § 4. 


" 220 . . 


P. S. 150, ^ 12. 


" 100 . 


. . Special. 


" 221 . . 


S. 1871!. 222. 


" 101 . 


. . P. S. 11, §5,01.2. 


" 223 . . 


P. S. 40, § 10. 


" 105 . 


. . P. S. 152, § 17. 


" 223 . . 


O. 


" 123 . 


. . P. S. 41, §§13, 14. 


** 224 


Repealina; statute. 


" 125 . 


. . R. 1869, 246, § 10. 


" 226 . '. 


S. 1878, 265. 


" 127 . 


. . R. 1874, 372, § 182. 


" 228 . . 


Repealing statute. 


" 130 . 


. . P. S. 102, 5§ 80-108. 


" 233, § 1 . . 


P. S. 161, § 4. 


" 131 . 


. . It. 1S70, L'-i4, ^ 69. 


" 233, § 2 . 


P. S. 16, § 53. 


" 136 . 


. . E. 1S77. 192. ^ 11. 


" 234 .. . 


P. S. 86, §? 30, 31. 


" 137 . 


. . R. 1.S7II, 291, § 6. 


" 235, §§ 1-4 . 


P. S. 207, |§ 42-45. 


" 138, §§ 1 


-3 . P. S. 21, § 4. 


" 235, § 5 . . 


P. S. 207, §33; 220, § 66. 


" 138, § 4 


. . P. S. 18, § 8. 


" 236, U . . 


P. S. 56, § 70. 


" 138, § 5 


. . P. S. 21, § 5. 


" 236, ^ 2 . . 


P. S. 62, § 2. 


" 149 . 


. . Special. 


" 236, § 3 . . 


P. S. 62, § 4. 


" 154 . 


. . P. S. 45, § 1. 


" 236, § 4 • • 


P. S. 56, §70; 62, §0. 


" 155 . 


. . R. 1876, 47, § 4. 


" 237 .. . 


P. S. 102, § 113. 


" 156 . 


. . S. 1873, 202. 


" 238 .. . 


O. except §§ 6, 12, 15. 


" 158 . 


. . P. S. 110, §§ 16, 17. 


" 238, ^ 6 . . 


P. S.91, §§ 4,5. 


" 160 . 


.0. 


" 238, § 12 . 


P. S. 91, § 7. 


" 164 . 


. . P. s. 213, § a;. 


" 238, § 15 . 


P. S. 91, § 6. 


" 165 . 


. S. 1867, 263; 1872, 279. 


" 249 .. . 


R. 1869, 384, § 34. 


" 166 . 


. P. S. 11, § 31. 


" 252 .. . 


P. S. 207, § 69. 


" 167 . 


. . S. 


" 253, § 1 . . 


P. S. 208, § 2. 


" 168 . 


. Repealing statute. 


" 253, § 2 . . 


P. S. 212, § 2, cl. 3. 


" 177 . 


. S. 1871, 394. 


" 254 .. . 


P. S. 215, § 23. 


" 178, § 1 


. P. S. 16, § 1. 


" 255 .. . 


P. S. 119, § 2. 


" 178, I 2 


. P. S. 16, §2. 


" 259 .. . 


S. 1873, 313. 


" 178, § 3 


. P. S. 16, § 3. 


" 260 .. . 


R. 1870, 393, § 5. 


" 178, § 4 


. . P. S. 16, §§ 3, 4, 28, 29, 


" 261 .. . 


S. 1871, 394. 


" 178, §§ 5 


-13 P. S. 16, §1 5-13. 


" 262 .. . 


R. 1867, 286, § 7. 


" 188, § 1 


. S. 1872, 321. 


" 263, §§ 1-3 . 


P. S. 20, §§ 1, 3, g. 


" 1,88, § 2 


. P. S. 13, § 3. 


" 264 .. . 


P. S. 19, § 5. 


" 190 . 


. Special. 


" 271 .. . 


P. S. 80, § 16. 


" 203 . 


. R. 1870, 203, § 28. 


" 272 


P. S. 86, §§ 2, 11, 12. 


" 204 . 


. Repealing statute. 


" 273 ;; ; 


R. 1807, 285, § 5. 


" 205 . 


. S. 1871, 338, § 7. 


" 274 .. . 


P. S. 89, § 37. 


" 206 . 


. R. 1874, 376, § 58. 


" 279 . . ■. 


In part S. ; in part P. S. 154, 


" 209, § 1 


. P. S. 84, § 34. 




§ 43 et sen. 


*' 209, § 2 


. E. 1875, 216. 


" 280, 5 1 . . 


P. S. 215, § 8. 


" 209, § 3 


. P. S. 84, § 37. 
. P. S. 79, § 4. 


" 280, § 2 . . 


S. 1870, 370, § 4. 


" 209, § 4 


" 280, § 3 . . 


P. S. 101, §§ 7, 9; 155, § 53. 


" 210 . 


. Special. 


" 282 .. . 


R. 1867, 136, § 9; 1877, 192, 


" 212 . 


. S. 1870, 393, § 5. 




§11. 


" 213 . 


. P. S. 169, § 70. 


" 283, §§ 1^ . 


P. S. 48, §§ 18-21. 


" 215 . 


. Eepealing statute. 


" 283, § 5 . . 


E. 1867, 156. 


" 220, § 1 


. Has been acted on. 


" 284 .. . 


P. S. 222, § 16. 


;; 220, § 2 


. P. S. 152, § 17. 


" 285 .. . 


R. 1869, 152, § 10. 




. S. 1881,234, §2. 


" 286 .. . 


S. 1871, 381, §■§ 21, 22. 


" 231 ; 


. P. S. 140, § 3. 


" 288 .. . 


R. 1878, 190, § 5. 


" 237 . 


. Special. 


" 289 .. . 


Repealing; statute. 


" 2.39 . 


. P. S. 159, § 60. 


" 290 .. . 


R. 1870, 224, § 69. 


" 240 . 


. E. 1874, 376, § 58. 


" 291, U . . 


P. S. 13, § 55. 


" 241 . 


. P. S. 49, § 96. 


" 291, 1 2 . . 


P. S. 13, §§ 44, 57. 


" 242 . . 


. P. S. 54, §§ 10-12. 


" 292, 1 1 . . 


P. S. 80, § 4. 


" 243 . . 


. P. S. 79, §§ 16, 7. 


" 292, § 2 . . 


S. 1871, 394. 


" 248 . . 


. P. S. 147, § 27. 


" 294 .. . 


P. S. 113, § 63. 


" 249 . . 


. P. S. 156, § 48. 


" 295 .. . 


P. S. 14, § 90. 


" 250, § 1 . 


. P. S. 120, § 6. 


" 296 .. . 


Repealing statute. 


" 250, § 2 . 


. Unnecessary to re-enact. 


" 298 .. . 


S. or T. , except parts of §§ 5, 


" 254 . . 


. R. 1868, 70. 




11. 


" 255, § 1 . 


. P. S. 16, § 68. 


" 298, § 5 . . 


P. S. 5, § 17. 




. T. 


" 298, § 11 . . 


P. S. 25, § 22. 


'* 255^ § 3 


. P. S. 16, § 69. 


" Eesolve 28 . 


P. S. 5, §'1S. 


" 250' . .' 


. P. S. 49, § 64. 


1867,0. 1 . . . 


T. 


" 257 . . 


. E. 1869, 246, § 10. 


2 . . . 


P. S. 48, § 18. 


" 258 . . 


. P. S. 91, § 102. 


3 . . . 


P. S. 56, § 32. 


" 259 . . 


. P. S. 1, § .3. 


35 . . . 


P. S. 1, § 3. 


" 200 . . 


. S. 1870, 359, § 14; 1872, 68. 


" 36 . . . 


R. 1870, 224, § 69. 


" 263 . . 


. P. S. 10, § 54. 


" 42 . . . 


T. 


" 264 . . 


. E. 1870, 224, § 69. 


" 47 . . . 


P. S. 56, § 81. 


" 265, § 1 . 


. E. 1874, 102. 


" 50 . . . 


R. 1874, 376, § 58. 


" 205, |§ 2 


3, P. S. 37, §§ 10, 11. 



STATUTES PASSED SINCE THE GENEKAX, STATUTES, ETC. 



1867,0.266 . . . 

" 267 (except 

§§7,8) . 

" 267, § 7 . . 

" 267, § 8 . . 

" 275 . - . 

" 270 .. . 

" 278 .. . 

" 279 .. . 

" 285 .. . 

" 286 .. . 

" 288 .. . 
28!), < 



B. 1873, 313, § 171. 

P. S. 119, §§ 2, 18,21, 195, 209, 

227-2.30. 
Repealing clause. 
S. 1870, 210. 
P. S. 190, § 11. 
S. 187(5, 110. 
P. S. 23, § 2. 
Eedundant. See P. S. 27, 

§ 85; 28, § 2. 
S. 1870, 52; 1874,221. 
R. 1809, 152, § 10. 
P. S. 1, § 3. 



" 289, § 2 . . 


P. S. 91, § .35. 


" 289, § 3 . . 


Included in P. S. 91, §§ 4-7. 


" 289, § 4 . . 


P. S. 91, § 42. 


" 295, U • . 


S. 1879, 300, § 1. 


" 295, ^ 5 . . 


S. See P. S. 159, § 31. 


" 295, §§ 2-4 . 


P. S. 159, §§ 8, 29, 30. 


" 29ti . . . 


0. 


" 298 .. . 


R. 1874, 372, § 182. 


" 299 .. . 


P. S. 13, § 07. 


" 301 .. . 


P. S. 218, §§ 13, 14. 


" .302 . . . 


P. S. 122, § 3. 


" 303 (ex. §7), 


P. S. 216. 


" .303, § 7 . . 


R. 1874, 207, § 3. 


" 304 .. . 


T. 


" 305 .. . 


S. 1880, 253. 


" 300 .. . 


Special. 


" 307 . . . 


S. 1808, 196; 1869, 277. 


" .308 . . . 


Special. 


" 309 .. . 


S. 1878, 205, § 23. 


" 311 .. . 


P. S. 41, §§ 10, 17. 


" 312 .. . 


P. S. 221, § 11. 


" .314 . . . 


R. ISliS, 293, § 3. 


" 315 .. . 


P. S. 1, § .3. 


" 310 .. . 


Partly special; partly P. S. 




154, 5 2. 


" 339 . . . 


R. 1874, :!72, § 182. 


" 340 .. . 


S. 1879, 295. 


" 341 .. . 


P. S. 22, § 15. 


" 344, § 1 . 


P. S. 91, « 4. 


" 344, § 2 . . 


P. S. 91, § 6. 


" 344, § 3 . 


T. 


" 345 . . 


P. S. 25, § 22. 


" 347 . . 


P. S. 56, § 48. 


" 348 . . 


P. S. 109, § 11. 


" :349, § 1 . 


S. 1872, 352; 1879, 238. 


" 349, § 2 . 


S. 


" 351 . . 


P. S. 112, §§ 184r-186. 


" 354 . . 


Special. 


" 355, § 1 . 
" 355, !) 2 . 


S. 1879, 195. 


P. S. 167, § 91. 


" 355, ^§ 3-6 


S. 1874, 271, §§ 9, 20; 1877 




187. 


" 356 . . 


S. 1872, 43; 1877, 210, §§ 1 




2,7; 1879,257,265. 


'.; 551' ^ \ ■ 


P. S. 158, ? 23. 




P. S. 100, § 15. 


" 3~y.) . . 


Special. 


1867, Resolve 18 


T. 


" Res.ilvo 22 


P. S. 5, § 18. 


" Resolve 89 


T. 


1808, c. 4 . . 


P. S. 16, § 54. 


12 . . 


P. S. 155, § 56. 


24 . . 


. P. S. 160, 1 14. 


37 . . 


P. S. 2, 25. 


49 . . 


. R. 1876, 203, § 28. 


.56 . . 


. Repealing statute. 


69 . . 


. P. S. 213, § 35. 


70 . . 


. Repealing statute. 
. P.S. 16, §03. 


71 . . 


ti 75 . . 


. R. 1871, 382, § 11. 


87 ! ! 


. S. 1870, 151. 


92 . . 


. S. 1874, 124. 


" 93, ^ 1 . 


. P. S. 17, § 2. 


93, § 2 . 


. S. 1879, 123, § 2. 


" 93, § 3 . 


. Repealing clause. 


" 95 . . 


. P. S. 183, § 29. 


" 103 . . 


. R. 1874, 372, § 182. 



1868, c. 107 . . 


. R. 1877. 192, § 11. 


•• 110 . . 


. Special. 


" 115 . . 


. R. 1877, 192, § 11. 


" 124 . . 


. Partly special; partly P. S 




154, § 1. 


" 126 . . 


. R. 1869, 246, § 10. 


" 128 . . 


. Special. 


" 130 . . 


. R. 1869, 76, § 5. 


" 132 . . 


. P. S. 24, § 18. 


" 141 . . 


. R. 1869, 415, § 65. 


" 1.53 . . 


. S. 1873, 160. 


" 157 . . 


. Special. 


" 158 . . 


. E. 1869, 246, § 10. 


" 159 . . 


. S. 1877. 210, §§ 2, 7. 


" 100 . . 


. P. S. 80, §§ 28-35. 


" 161 . . 


. R. 18(!9, 24(i. ^ 10. 


" 105 . . 


. R. 1873, 141, § 15. 


" 108 . . 


. R. 1870, .t-il. 


" 169 . . 


. S. 1881, 203. 


" 179 . . 


. R. 1809, 384, § 34. 


" ISO . . 


. Special. 


" 185 . . 


. P. S. 159, § 46. 


" 196 . . 


. S. 1809, 277. 


" 197 . . 


. P. S. 24, § 19. 


" 198 . . 


. R. 1.872, 199, § 18. 


" 200 . . 


. P. S. 41, § 10. 


" 210 . . 


. O. 


" 211 . . 


. R. 1874, .370, § 58. 


" 212 . . 


. R. 1809, 344, § 9. 


" 213 . . 


. P. S. 156, § 48. 


" 214 . . 


. S. 1870, 193. 


" 220 . . 


. P. S. 44, §2. 


" 227 . . 


. R. 1876, 203, § 28. 


" 249 . . 


. P. S. 1, § 3. 


" 250 . . 


. P. S. 152, § 17. 


" 262 . . 


. Confirmatory. 


" 263 . . 


. R. 1809, 150, § 4. 


" 204 . . 


. P. S. 52, 5 14. 


" 205 . . 


. S. 1871, 239. 


" 270 . . 


. R. 1871, 382, § 11. 


" 278 . . 


. P. S. 44, ^§ 10, 11. 


" 279 . . 


. P. S. 84, §§ 24, 25. 


" 280 . . 


. Repealing statute. 


" 281 . . 


. Special. 


" 282 . . 


. O. and unnecessary. 


" 283 . . 


. S. 1873, 141, § 15. 


" 284 . . 


. S. 1873, 313, § 171. 


" 285 . . 


. R. 1869, 430, § 2. 


" 286 . . 


. R. 1872, 276. 


" 287 . . 


. P. S. 120, §§ 19-21. 


" 288 . . 


. R. 1.872, 219. 


" 289 . 


. Special. 


" 290 . 


. Special. 


" 292 . 


. P.S.I, §3. 


" 293 . 


. P. S. 1, § .3. 


" 310 . 


. P. S. 105, §§ 18, 19. 


" 311 . 


. B. 1869, 415, § 65. 


" .315 . 


. P. S. 13, § 20. 


" 317, ^ 1 


. P. S. 119, § 174. 


" 317, ^ 2 


. P; S. 119, § 109. 


" 317, § 3 


. p. S. 119, 1 117. 


" 318 . 


. R. 1869, 415, § 65. 


" 320 . 


. P. S. 11, § 78. 


" 321, § 1 


. P. S. 203, §§ 94-97. 


" 321, § 2 


. P. S. 155, I 51. 


" 323 . 


. P. S. 1, § 3. 


" 325, § 1 


. P. S. 150, §§31,32- 


" 325, § 2 


. R. 1869, 00. 


" 325, § 3 


. P. S. 22, § 15. ;i) 


" 325, ^ 4 


. T. ,(..,: 


" 325, § 5 


. P. S. 24, § 1. 


" 325, §§ 6 


7 . Have been acti. -». 


•' 325, ^§ 8 


9, T. 


" 327, § 1 
" 327, 5 2 


. P. S. 137, §§ 6, 9. 


. P. S. 137, § 19. 


" 328, § 1 


. E. 1878, 190, § 5. 


" 328, § 2 


. P. S. 84, §26. 


" 328, § 3 


. R. 1870, 392, § 6. 


" 329 . 


. . R. 18(39, 60, § 2. 


" 330 . 


. S. 1879, 232, § 1. 


" 338 . 


. . S. 1871, 394, § 5; 1875, IB. 


" .341 . 


. . R. 1881, 275, § 6. 



STATUTES PASSED SINCE THE GENERAL STATUTES, ETC. 



68, c. 342 




. . E. 1869, 415, §65. 


1869, c. 254 . . 


. P. S. 155, § 10. 


" 344 . 


. . R. 1869, 415, § 65. 


'* 255 


R. 1871, 3ai, § 2. 


" 346 . 


. . R. 1869, 417. 


" 258 '. '. 


. P. S. 88, §§ 5-7. 


" 347 . 


. . R. 1874, 372, § 182. 


" 275 . . 


P. S. 221, § :^l. 


" 349 . 


. . R. 1871, 390, 5 11. 


" 276 . . 


R. 1,S74, :375, § 9. 


" 351 . 


. . T. 


" 277 . . 


R. 1877, 'M, § 2. 


69, c. 1 . 


. . T. 


" 292 . . 


P. S. 147, § 28. 


7 . 


. . T. 


" 293 . . 


T. 


12 . 


. . P. S. 86, § 26. 


" 301 . . 


R. 1875, 136, § 3. 
P. S. 89, §§ 40, 41. 


" 17. § 1 


. . P. S. 154, 5 62. 


" 302 . . 


17, § 2 


. . S. 1874. 271, §§ 5-7. 


" 303 . . 


P. S. 49, ^"88. 


17, 5 3 


. . P. .s. 17.-,, § ;•.. 


" 304 . . 


S. 1874, 184, § 1. 


26 . 


. . R. 1874. ;U2. § 2. 


" 305 . . 


P. S. 44, § 12. 


35 . 


. . P. S. 142, § 5. 


" .306 . . 


S. 1871, 381, §§23, 24. 
P. S. 203, § 112. 


43 . 


. . 0. Hospital sold to city of 


" 307 . . 




Boston. 


" 30,s . . 


R. 1874, 372, § 182. 


50 . 


. . R. 1874, 372, § 182. 


" 309, § 1 . 


P. S. 16, 5 40. 


60 . 


. . P. S. 156, § 48. 


" 309, § 2 . 


R. 1875, 186, § 2. 


" 62 . 
" 63 . 


. . R. 1874, 376, § 58. 
. . R. 1873, 312, § 6. 


" 309, 1 3 . 


P. S. 16, §44; partly 8.1873 
186, § 1. 


" 64 . 


. . S. 1869, 384, § 34. 


" 331 . . 


P. S. 141, §§20,22. 


'* 72 


. . P. S. 28, § 10. 


" 332 . . 


R. 1873. 313', § 171. 


" 73 


. . S. 1879, 182. 


" 333 . . 


P. S. 41, § l(i. 


74 . 


. . P. S. 153, § 17. 


" 334 . . 


P. S. 221, « 1. 


" 75 . 


. . S. lo69. :iS4, 5 34. 


" 344, §§1,2, 4.-7,P. S. 207, §§ 52-58. 


" 76, § 1 


. . S. l.S81,47. 5§ 1, 3. 


" 344, § 3 . 


R. 1S74, 372, § 142. 


" 76, 1 2 


. . Mer2;ed in 1869, 384, § 5. 


" .344. § 8 . 


P. S. 155, § 54. 


76, § 3 


. . P. S. 91, § 40. 


" 345 . . 


P. S. 59, § 7. 


" 76, § 4 


. . P. S. 91, § 42. 


" 340 . . 


P. S. 38, § 6. 


" 91 . 


. . T. 


" 349 .. . 


Special. 


" 92 . 


. . P. S. 35, § 20. 


" 354 .. . 


P. S. 152, § 17. 


93 . 


. . P. S. 119. §§ 186-189. 


" 357 . . . 


P. S. 141, §§ 1.3, 17, 18. 


96 . 


. . P. S. 20, § 4. 


" 358 . . . 


R. 1871, 122, § 2. 


" 110, § 1 


. . Repealing clause. 


" 359 .. . 


S. various statutes. See 


" 110, § 2 


. . P. S. 4,-,. §§ 3, 4. 




P. S. 154. § 64. 


" 110, § 3 


. . P. S. 45, !) 12. 


" 364, § 1 . . 


P. S. 99. § 10. 


" 111 . 


. . P. S. 50, §§ 1-3. 


" .364, § 2 . . 


P. S. 212,'§2, cl. 7. 


" 112 . 


. . P. S. 209, §§ 9, 10. 


" 364, § 3 . . 


P. S. 212. § 9. 


" 120 . 


. . R. 1878, 169, § 4. 


" .■■65 . . . 


Repealinu statute. 


" 121 . 


. . R. 1874, 260, § 5. 


" .3130 . . . 


P. S. ."i;. f 29. 


" 122 . 


. . S. 1871, 302; 1879, 294, §5 27, 


" 367 .. . 


R. 1871. 382, § 11. 




35. 


" 368 .. . 


P. S. 121, §§8,9. 


" 128 . 


. . Repe.aling statute. 


" 369 .. . 


Special. 


" 131 . 


. . R. 1874, 372, § 182. 


" 373 .. . 


P. S. 17, § 1.3. 


" 132 . 


. . P. S. 27, § 10. 


" 381 .. . 


P. S. 27, § 12. 


" 141 . 


. . P. S. 109, §§ 17-19. 


" .382 .. . 


P. S. 99, § 4. 


" 149 . 


. . O. 


" 383 . . . 


P. S. 190, §§ 50, 51. 


" 150 . 


. Mostly S. 1880, 209. 


" .3S4 (except 
§§ 21, 3lf . 




" 150, f 3 


. P. .S. .^>7, § 10. 


P. S., c. 91. 


" 151 . 


. R. 1875, 167, § 2. 


" 384, § 21 . 


R. 1878, 172, § 2. 


" 152, 5 1 


. P. S. 59, 5 6. 


" 384, § 31 . 


R. 1873, 211, § 2. 


" 152, §§ 2 


-9 . P. S. 102, §§ 69-77. 


" 385 .. . 


P. S. 154, § 23. 


" 152, « 10 


. Repealing clause. 


" 386 . . . 


P. S. 203, § 15. 


" 152, 1 11 


. E. 1869, 345. 


" 387 .. . 


P. S. 189, § 2. 


" 153 . 


. Special. 


" .388 . . . 


Special. 


" 167 




. P. S. 120, § 5. 


" 408 (ex. § 5) 


R. 1874, 372, § 182. 


" 168 




. 8.1870,45; 1874,348. 


'• 408, § 5 . . 


Special. 


" 169 




. R. 1871, 382, § 11. 


" 40:), § 1 . . 


R. 1874. 1.S4, § 5. 


" 172 




. Special. 


" 409, § 2 . . 


P. S. 143, § 9; 147, § 5. 


" 189 




. R. 1871, 310, § 11. 


" 410 . . . 


P. S. 3, § 3, els. 1, 2. 


" 190 




. P. S. 11, § 29. 


" 411 .. . 


P. S. 27, §§ 41^3. 


" 191 




. T. 


" 415 .. . 


R. 1875, 9<l, § 22. 


" 192 
" 205 




. T. 

. E. 1873, .313, § 171. 


" 416 . . . 


Partly special; partly P. S. 
I.~i4, § 2. 


" 20() 




. P. S. 27, ? 10. 


" 417 .. . 


Eeiieaiing statute. 


" 208 




. P. S. 22, ii 16. 


" 418, §§ 1-S . 


P. S. 174, §§ 4-8. 


" 219, § 1 


. P. S. 139, § 35; in part S. 


■■ 418, § 9 . . 


R. 1874, 340, § 2. 




1871,282,5 1. 


" 419 . . . 


R. 1874, 372, § 182. 


1, § 2 


. P. S. 142, § 6. 


" 420 . . . 


Board abolished; 1879, 291, 




. Special. 




§1- 


/ :^' 51 


. Repealing claiLse. 


" 420, § 2 . . 


P. S. 80, § 1. 


'• 236, §2 


. P. S. 70, § 32. 


" 422 . . . 


O. Falls with 1866, 238. 


" 237 . 


. P. S. 49, §§ 99-101. 


" 423, §§ 2-6 . 


P. S. 45, §§ 3-8. 


" 246 . 


. R. 1870, 304, § 10. 


" 423, § 7 . . 


O. 


" 247 . 


. P. S. 28, § 9. 


" 424 .. . 


R. 1870, 275. 


" 248 . 


. P. S. 39, § 10. 


" 425 . . . 


P. S. 169, § 22. 


" 249 . 


. P. S. 126, 5 12. 


" 426 .. . 


R. 1874, 372, § 182. 


" 250 . 


. P. S. 102, § 107. 


" 432 .. . 


P. S. 19, §§ 12, 1". 


" 251, §§ 1 


3 . P. S. 86, § 1. 


" 433, § 1 . . 


P. S. 213, § 28. 


" 251, §2 


. O. 


" 433, § 2 . . 


P. S. 213, § 29; 150, § 18. 


" 252 


. P. S. 73, §§ 1, 2. 


" 433, § 3 . . 


P. S. 150, § 21. 


" 253 




. P. G. 156, § 48. 


" 434 . . . 


S. 1876, 210. 



STATUTES PASSED SINCE THE GENERAL STATUTES,. ETC. 



I860, c. 435 
" 436 



437 .. , 

438 .. . 

442 .. , 

443 .. . 

444 .. . 
«o, §§ 1, 5 
.!45, §5 2, () 
■:i5, §5 3, 4 
451 .. . 
452 



" 453 (ex. § ■ 

" 453, § 7 . 

" 454 . . 

" 455 . . 

" 457 . . 

" 458 . . 

" 463, ^ 1 . 

" 463, § 2 . 

" 463, § 3 . 

" 463, I 4 . 

" 463, 1 5 . 
1839, Resolve 53 

" ResolTe 68 

" Resolve 102 

1870, c. 1!) . . 

28 . . 

37 . . 

" 45 . . 
64 . . 



75, §1 



92, 


§1 • 


92, 


§ 2 . 


92, 


§3 . 


93 




94 




105 




106 




117 




118 




11!) 




120 




144 




145 




141) 




150 




151, 


§§1,'2 


151, 


§3 . 


16il 




170 




171 




179 




1S3 




184 




185 




193 




194 




195 




196, 


§§1>3 


196 


§2 . 


201 





R. 1876, 85, § 9. 
P. S. 161, § 104. 
O. 

R. 1878, 231, § 2. 
S. 1875, 99, § 22. 
R. 1874, 376, § 58. 
R. 1870, 144, § 3. 
P. S. 24, § 3. 
T. 

P. S. 10, 5 9. 
R. 1872, 370, §4. 
S. 1880, 221. 
, S. 1870, 359. 
S. 1879, 291. 
S. 1879, 80. 
T. 

P. S. 27, §§ 44r-46. 
P. S. 1,^3. 
P. S. 6, § 4. 
Has been acted on. 
T. 

P. S. 86, § 23. 
T. 
T. 

P. S. 5, § 18. 
P. S. 31, §§ i:3-15. 
P. S. 88, § 5. 
P. S. :i5, § 20. 
S. 1881, 203. 
R. 1874, 348, § 3. 
P. S. 27, § 99. 
P. S. 38, ^ 28. 
P. S. 167, § 47. 
P. S. 49, § 32. 
P. S. 49, ij§ 79, 86. 
P. S. 11, § 91. 
P. S. 162, § 67. 
R. 1877, 74. 
P. S. 84, § 22. 
R. 1871,310, § 11. 
r. S. s+, ^ 2:t. 
r, S, -21. §§ 27-31; 28, §3. 
Kepealini; statute. 
P. S. 87, 5 32. 
P. S. 41, ? 12. 
P. S. 44, § 43. 
R. 1872, 84. 
P. S. 186. ^§ 6, 12. 
P. S. 155, I 5. 
P. S. 13, 5§ 4, 5. 
R. 1871, 122, § 2. 
P. S. 27, § 113. 
P. S. 5, § 16. 
P. S. 199, § 14. 
S. 1876, 227, § 5. 
P. S. 27, § 10. 
P. S. 126, §§ 10, 11. 
P. S. 120, § 26; 106, § 37. 
P. S. 105, ^ 20. 
P. S. 44, §§ 44, 45. 
Special. 
T. 

P. S. 156, I 48. 
P. S. 183, § 1. 
Special. 
T. 

P. S. 45. 
Partly special ; 
§2. 




P. S. 154, 



Partly special; P. S. 154, 

§2. 
Merged in P. S. 159. 
P. S. 60, §§ 79-84. 
P. S. 215, § 19. 
S. 1872, 169, § 2. 
O. 

R. 1876, 123, § 10. 
P. S. 106, §§ 6-10. 
R. 1879, 202, § 3. 
P. S. 106, 5 12. 
P. S. 106, ^5 16, 31. 
P. S. 10(), §§ 17-18, 20-22. 



1870, c. 224, 5 13' . 

" 224, § 14 . 

" 224, §§ 1.5-18, 

" 224, § 19 . 

" 224, §§ 20-22, 

" 224, § 23 . 

" 224, ^ 24 . 

" 224, §§25,26, 

" 224, §§ 27-29, 

" 224. §§30, 31 

" 224, § 32 . 

" 224, § 33 . 

" 224, §§ 34r49, 

■' 224, § 50 . 

" 224, §§51,. 52, 

" 224, § .')3 . 

" 224, § 54 . 

" 224, § 55 . 

" 224. §§ 56-58, 

" 224, §§ .59, (iO 

" 224. § 61 . 

" 224, § 62 . 

" 224, § 63 . 

" 224, §§ (>4, 65 

II 224, §§ m-AiH, 

" 226 ". ' '. 

" 227 .. . 

" 242, § 1 . . 

" 242, §§ 2-4 . 

" 243 . . . 

" 244 .. . 

" 248 .. . 

" 249 . . . 

" 250 .. . 

" 257 .. . 

" 258 .. . 

" 259 .. . 

" 260 . . . 

" 261 . . . 

" 262 . . . 

" 263 . . . 

" 2(J4 . . . 

" 265 .. . 

" 273 .. . 

" 274 .. . 

" 275 .. . 

" 276 . . . 

" 277 . . . 

" 283 . . . 

" 284 .. . 

" 285 .. . 

" 286 (except 
§§2,6) . 

" 286, § 2 . . 

" 286, § 6 . . 

" 2.88 . . . 

" 290 . . . 

" 291, § 1 . . 

" 291, §§ 2-5 . 

" 292 . . . 

" 298 . . . 

" 304 .. . 

" 305 .. . 

" 306 .. . 

" 307 .. . 
" 309 .. . 
" 310 .. . 
" 311 .. . 
" 312 .. . 
" 313, § 1 . . 
" 313, § 2 . . 
" 314 .. . 
" 315 .. . 
" 317 .. . 
" 325 . . . 
" 326 . . . 
" 327 . . . 
" 328 .. . 
" 329 .. . 
" 330, § 1 . . 
" 330, § 2 . . 



P. S. 106, § .3. 

P. S. 105, § 5. 

P. S. 106, §§ 23-26. 

P. S. 105, § 14; 10(5, § 27. 

P. .S. 103, §§ 28, 32, 33. 

R. 1874, 349, § 1. 

P. s. 106, § -.n. 

P. S. 106. §§ .30, 42. 

P. S. 10:i, §§ 4:!-45,47. 

r. S. 11)6, §§ 19,50,53. 

1'. S. l(i:;, § 46. 

11. 1.S74, 349, § 1. 

P. S. 106, §§ 56-71. 

O. 

P. S. 106, §§ 72, 73. 

P. S. 171, § 34. 

P. S. 106, § 74. 

R. 1870, 353. § 1. 

F. S. 106, §§ 75, 77, 78. 

V. S. 106, §§ 81-84. 

r. y. 13, § 1; 106, §1. 

I'. .S. 106, § 2. 

S. 1S71, 110. § 4. 

1'. S. 106, §§ 3, 4. 

P. S. 106, §§ 5, 79. 

P. S. 82, § 17. 

R. 1876. 203, § 28. 

P. S. 28, § 2(). 

P. S. 212, § 10. 

P. S. 212, §§ 6-8. 

P. S. 221, §§ 11, 12. 

S. 1879, 124. 

P. S. 44, §§ 1, 7. 

P. S. 91, §§ 79, 80. 

R. 1879, 208. 

R. 1,S71, 111, § 3. 

P. S. 114, § 1. 

P. S. 203, § 101. 

S. 1871, 382. 

P. S. 203, § 74. 

P. S. 127, § 19. 

P. S. 1.58, § 22. 

P. S. 161, §§ 62-64. 

Special. 

O. 

Repeal. 

P. S. 156, § 24. 

R. 1874, 372, § 182. 

R. 1871, 122, § 2. 

Special. 

Special. 

P. S. 130, § 8. 

P. S. 64, §§ 1-5. 

Has been acted on. 

T. 

R. 1879, 118. 

P. S. 214, §§1,2. 

P. R. 171, §§ 45, 71-73. 

P. S. 161, §§125-128. 

P. S. 77, § 3. 

R. 1873, 313, § 171. 

R. 1877, 95, § 10. 

S. 1874, 243, § 3. 

P. S. 80, § 73. 

R. 1874, 372, § 182. 

P. S. 184, §§ 18-20. 

P. S. 161, § 41. 

S. 1872, 319; 1880, 209, < 

P. S. 159, §§ 72-75. 

P. S. 162, § 65. 

P. S. 217, § 3. 

P. S. 53, § 17. 

P. S. 152, § 17. 

S. 1879, 80. 

R. 1874, 372, § 182. 

P. S. 199, §§ 36-38. 

P. S. 1, § 3. 

P. S. 11, § 25. 

P. S. 16, 1 20. 

P. S. 154, § 57. 

S. 1879, 226, § 1. 



i3,4. 



STATUTES PASSED SINCE THE GENERAL STATUTES, ETC. 



XXIU 



1870, c. 330, § 3 . 

" 331 . . 

" 332 . . 

" 333 . . 

. " 336 . . 

" 337, § 2 . 

" 338 . . 

" 339 . . 

" 310 . . 

" 3i6 . . 

" 347 . . 



P. S. 108, §22. 

P. S. (i8, §5 i. », 15. 16, 18. 

P. S. 27, |§ 37-40. 

Mostly special ; P. S.154, § 42. 

P. S. 1511, 5 31. 

P. S. 49, § 84. 

P. S. 102, §§ 12-14. 

Pv. 1.S77, 1'.I2, § 11. 



P. 8. 71), 



348 .. . 

349, §§ 1-4 . 

349, § 5 . . 

349, ? 6 . . 

349, § 7 . . 

349, § 8 . . 

350 . . . 

351 .. . 
353, § 1 . . 
353, § 2 . . 
359, § 1 . . 
359, §§ 2-5 . 
359, § 5 . . 
359, § 7 . . 

359, §§ 8-10, 
359, §§11,12 

359, § 13 . 

359, § 14 . 

359, § 15 . 

359, § 16 . 

360 .. . 

361 .. . 
366 .. . 

369 .. . 

370 mostly . 
370, § 4 . . 

371 .. . 

372 .. . 

373 .. . 

375 .. . 

376 .. . 
380 . . 

382 . . 

383 . . 

384 . . 
' 388 . . 
' 389, § 1 . 

' 389, ^§ 2, 3 

' 389, §§ 4-6 

' 389, § 7 . 

' 389, § 8 . 

' 390 . . 

' 391 . . 

' 392 . . 

< 393 . . 

' 394 . . 

' 395 . . 

" 396 . . 

" 402 . . 

" 404, § 1 . 

" 404, § 2 . 

" 404, § 3 . 

" 404, § 4 . 

" 404, § 5 . 



1871, c. 



S. 1.S77. 200. 
Special. 

S. 1871, 338, § 7. 
P. S. 119, §§ 224-226. 
E. 1872, 325, § 9. 
P. S. 119, § 145. 
P. S. 119, §§ 78, 153. 
P. S. 119, § 18. 
P. S. 43, §§ 7, 8. 
P. S. 150, |§ 31, 32. 
Kepealing clause. 
P. S. 106, § 75. 
S. 1879, 291, § 1. 
P. S. 8'.), §§ 53-56. 
E. 1S72. nil, § 2. 
S., in part. 1877, 210, 211; 
in pan, r. S. 89, §§ 15, 18. 
P. S. 89, §§,20-22. 
1 P. S. 89. §§ 28. 29; part of 
§ 11 luiconstitiitloual. 

P. S. 89. § 1(). 

S. 1872, 68. 

Merged in other provisions. 

Eepealins; clause. 

E. 1875. n."i. 

P. S. 17, §§ 13, 15. 

1'. S. 144, § 9. 

E. ISSI, 47, § 3. 

E. 1872,24; 1879, 294, § 36. 

P. S. 215, § 13; 219, § 11. 

E. 1871, 310, § 11. 

E. 1871, 7, § 3. 
, S. 1872, 219. 
. P. S. 104, §§ 2, 3. 
. P. S. 30, § 14. 

: i!1St-381,§§ 52,60; 1874, 

372. 
. S. 1874, 3(i0. 
. E. 1877, 192, § 11. 
. Falls ^vitll 1869, 415. 
, E. 1871, 3:34, § 4. 
. S. 1875, 99. 
. S. 1877, 210, §§ 4, 211. 
. O. 

. E. 1871, 334, § 4. 
. E. 1873, 141, 1 15 
. E. 1878, 190, § 5. 
. P. S. 169, §§ 18-21. 
. P. S. 11, § 80. 
. P. S. 60, § 6. 
. P. S. 1, § 3. 

. S. 1872, 68. „ . , 

. Declaratory of effect of past 
law. 

. P. S. 140. § 1. 

. E. 187:!. 371. §§ 2, 5. 

. P. S. 146, § 28. 

. E. 1S7:;, 371, § 5. 

. P..-;. 24, §8. 
E. 1S77. 216, § 13. 

. II. 1874. 372, § 182. 

. P. S. ;:5, §1. 

. E. 1874, 372, § 182. 
• . P. S. 3,-,, § 45. 

. P. S. 40, I 11. 

. K. 1874, 376, § 58. 

. P. S. 102, § 84. 

. P. S. 85, §§ 4, 5. 

. P. S. 202, § 27. 
. P. S. 212, § 72. 
. Special. 



84 . . . 

86 . . . 

91 . . . 

97 . . . 

109 .. . 

110, § 1 . . 
110, §5 2,3. 
110, §§4,5. 

Ill . . . 

113 .. . 

114 .. . 

115 .. . 
116 
122, 



§1 

§ 2 



121 
123 
124 . . 

143 . 

144 . 

145 . 
158 . 
163 . 
167 . 
168, § 1 
108, § 2 
17:; . 

189 . 

190 . 
200 . 
20! . 
217 . 

232 . 

233 . 
230 . 

238 . 

239 . 

240 . 

241 . 
258 . 

260 . 

261 . 
202 . 



P. S. 203, §§ 1, 2, 10. 

P. S. 191, § 10. 

P. S. 1, § 3. 

E. 1874, 372, § 182. 

P. S. 152, § 17. 

S. 1877, 210, § 1. 

T. 

P. S. 139, § 30. 

P. S. 106, §§ 37, 38. 

P. S. 100, § 7. 

P. S. lOu, §§ 34-36. 

P. S. 100, § 54. 

P. S. 178, §§ 05, 07. 

P. S. 91, § 50. 

P. S. 161, § 129. 

P. S. 155, § 46. 

P. S. 139, § 4. 

P. s. 150. § :;o. 

P. S. i:;!, § IS; 140, § 17. 

P. S. 172, § 4. 

P. S. 35, §§ 47-.30. 

E. 1874, 372, § 182. 

S. 1877, 210. 

P. S. 44, § 40. 

P. S. 27, §§ 74-78. 

P. S. 190, § 49. 
. P. S. 80, §§ 92-94. 

P. S. 150, § 32. 

T- 

P. S. 154, § 1; partly special. 

Special. 

E. 1870, 28, § 2. 
, P. S. 127, § 18. 
, P. S. 159, § 31. 
. E. 1871, 382, § 11. 
. E. 1874, 372, § 182. 
. P. S. 1, §§ 4-6. 
. S. 1879, 295. 
. P. S. i:-!0, § 11- 
. P. S. 77, § 10. 

P. S. l.'iO, §§ 20-29. 
. E. 1877, 200, § 24. 
. E. 1876. 20s, § 1. 
. Special. 



Special 

E. 1870, 20:i. § 28. 

S. 1874, 271, §7. 
2ii4 . . . S. 1876. 190, § 1. 
277 .. . P. S. 15.S, § 23. 

281, §1 . . P. S. 91, §01. 
281,^2 . . P. S. 91,§.H1. 

282, ■§§ 1, 2, P. S. 140, §§ 11, 12. 
282,4 3 . . P. S. 142,§0. 

283 . . . S. 1878, 205, § 25. 

293 .. • P. S. 91. §55. 

294 . . ■ Special. 
OT,§§1-6,9,P:S. 119,§§3-16. 
297, §§7, 10, E. 1873, 141, §15. 



297, § 8 

298, § 1 
298, § 2 
298, § 3 



, §§1', 3! S. 1877^230, § 1. 



302 

310 

312 

314 

315 

315, i 

316 . . . 

320 .. . 

321, §§ 1-5 . 

321, § 6 . . 

322 .. . 

326 . . 

327 . . 

328 . . 

329 . . 

330 . . 

331 . . 



P. S. 119, § 186. 

Eepealing clause. 

P. B. 52,1 3. 

T. 

E. 1877. 192, § 11. 

P. S. 41, § 16. 

P. S. 221, § 11. 

S. 1879, 2i)4, §§ 27, 3o. 

R. 1870, 213, § 14. 

P. S. 147, § 9. 

S. (See P. S. 154, § 64.) 



P. S. 175, § 0. 

E. 1874, 372. § 182. 

E. 1K77. 95. § 10. 

P. a. ir, §§40-44. 

S. 187! I. 291, §5. 

P. S. 120, §§ 19-21. 

S. 1879, 219. 

P. S. 141, §§7, 8. 

Special. 

P. S. 142, § 2. 

P. S. 04, §§ 6-9. 

E. 1874, 372, § 182. 



XXIV 



STATUTES PASSED SKCE THE GENERAL STATUTES, ETC. 



1871, c. 332 
" 333 
" 334 
" 336 

" 338 

" 3i0 

" 351, 

" 351, 

" 351, 

" 352 

" 35H 

" 360 

" 363 

" 365 

" 366 

" 367 

" 368 

" 370, 

" 370, 

" 371 

" 371 

" 376 

" 379 

" 380 

" 381, 

" 381, 

" 381, 

" 381, 

" 381, 

" 381, 

" 381, 

" 381 

" 381 

" 381, 

" 381, 

" 381, 

" 381, 

" 381, 

" 381, 

" 381, 

" 381, 

" 381, 

" 381, 

" 381, 

" 381, 

" .381. 

" 381, 

" 381 



1,4, 



S. 1876, 155. 
K. 1871, 372, § 182. 
S.&B.1873.42;187; 
P. S. 221, § 30. 
P. S. 177, §§1-5, 7. 
P. S. 154, § 2. 
, Special. 
P: S. 70. § 



,99, §22. 



§3 



§1 



■Jl. : 



1S2. 



; 1.S2 



K. 1' 



l;. 1ST 4. 

p. s.so. 55 1:^.22. 

p. .s. isi;. § IS. 

Voiil. as no plan was filed. 

S. 1H78. 265. 

P. S. SI. § 38. 

§§ 53, 54. 

§1 3-5. 



P. S. Hil 
P. S. 73 
S. 1S75. 
S. 1S7II. 
K. ISTS 



381 



§§ 1-3 • 
§6 • • 
U . . 
§ 8 . . 
§§ 9, 10, 
§ 11 . 
§§12,13, 
§14 . 
§§ l.=)-17, 
§§ 18-24, 
^§25,26, 

§§28-30. 
§§31.32. 
§§ 3:^36, 

§37 . 
§§ 38-43, 
■|44 . 

§45 . 

,§§4!'."'". 
,l§51-'"'. 

I § 58 '. 
, §59 - 
(bx. § 4), 



P. 



1 1 



,.f past acts. 



-12. 



^ . S. 113, § ivi. 

P. S. 113, §§ 13, 14. 

S. 1874, 29. 

P. S. 113, § 

P. S. 2, § 8 

P. S. 113, § 

S. 1874. 29. 

P. S. 11-,$ 



) 13, 17. 
) 18, 20. 



2-24. 

:T. 28, 31-35. 

;'.. 26. 



I 4:1-45,47 



P. S. 112, § 197. 
P. S. 113, §§ 50-55. 
P. S. 113, § 39. 



11: 



40-12 



384 
386 
387 
380 
390 
391 
392, 



§§ 1-3 



" 392, § 4 

" .393 . 

" 394 . 

1872, c. 7 . 

16 . 



45, § 1 . 
45, § 2 . 
45, I 3 . 

45, § 4 . 

46, § 1 . 
46, § 2 . 
53 . . 
68, §§ 1^ 
68, § 5 . 
68, § 6 . 
77 . • 



p. S. 11:;, 5§ .")7-60. 

P. S. 113, § 63. 

P. S. 113, § 1. 

O. 

P. S. 51. 

P. S. 49, § 17. 

S. 

E. 1874, .372, § 182. 

P. S. 155, § 66. 

P. S. 40, § 8. 

R. 1874, 372, § 182. 

R. 1872, 321, § 11. 

P. S. 154, § 2; partly special, 

K. as to railroads, 1874, 372; 

§ 182. 
P. S. 105. § 20. 
S. 1876, 196, § 1. 
R. 1875, 15, § 14. 
S. 1880, 212. 
Special. 

S. 1879, 294, § 31. 
S. 1873, 19. 
P. S. 203, § 79. 
S. 1879, 257, 265. 
S. 1879, 265. 

Merged in other sections. 
p. S. 86, § 22. 
P. S. 79, § 12. 
P. S. 88, §2; 89, §3. 
. Repealing clause. 
. P. S. 91,1 96. 
. B. 1874, 372, § 182. 
. T. 

. p. S. 89, §§ 18, 34. 
. P. S. 89, § 7. 
. S. 1874, 293, § 18; 1879, 201 
. S. 1879, 246. 



140 
141 



161 . . 

162 . . 

163 . . 
109, §§ 1, 3 

180 . . 

181 . . 

186 . . 

187 . . 

189 . . 

190 . . 



200 . . 

201 . . 

202 . . 
204 . . 
214 . . 

216 . . 

217 . . 
217,§4(pt, 

218 . . 

219 . . 
221 . . 

228 . . 

229 . . 



237 
243 
244 

245 



264 
266 
268 
269 



278 



280 . 
281. §§ 1 
281, § 3 
282 . 

288 . 

289 . 

2iKI . 
293 . 



P. S. 27, § .50. 
P. S. 44, § 8. 
P. S. 22, § 7. 

S.' 1874, 271, § 18; 1879, 265, 

§i. 
R. 1873, 313, § 171. 
P. S. 156, § 42. 
K. 1874, 376, § 58. 
S. 1.S79, 234, § 2. 
P. S. 159, § 31. 
S. 1879, 295. 

P, S. 1.54. § 2; partly special. 
P. S. 56, §§ 67, 68. 
S. 1879, 247. § 1. 
P. S. 1,50, § 39. 
Merged in P. S. 89, §§ 53, 54. 
R. 1874, 372, § 182. 
T. 
, P. S. 86, § 5. 

R. 1874, 372, § 182. 
, S. 1873, 19. 
. Special. 
. R. 1873, 313, § 171. 
. P. S. 80, § 82. 
. Special. 
. R. 1874, 372, § 182 
. P. S. 154, §§ 2, 16, 17; 167, 
§ 90; partly special. 
P. S. 154, § 2; partly special. 
P. S. 154, § 2; partly special. 
. P. S. 156, § 48. 
. S. 1879, 80. 
. P. S. 213, § 35. 
. T. 

. P. S. 40, §§ 16-19. 
.), P. S. 27, § 10. 
. Special. 

. Repealing statute. 
. Special. 

S 1.S79, 2.8,s, §§ 2, 3. 
; R. 1.S73, 141, § 15, 
. R. l.SSl, 44, § 7. 

P S. 105, §14; 119, §§79,80- 
, R, 1875, 29, § 7. 
, P. S, 1.50, §§ 19, 20. 
. P. S. 154, § 1; partly special. 
. P. S. 19. § 15. 
. S. 1878, 172, § 2. 
. P. S. 19, §§ S)-il. 
. P. S 102, § 2(i. 

P. S. 104, §§ 1, 12. 
. P, S, 106, § 13. 
. R. 1873, 141, § 15. 
. T. 

. S. 1879. 246. 
. Special. 
. T, 

. R. 1874, 376, § 58. 
. R. 1874, 372, § 182. 
. Special. 
. S. 1875, 99. 

P. S. 27,§ 114. 
. P. S. 154, § 2; partly special. 
. B. 1874, 376, § 58. 
. S. 1875, 99. 
. R. 1875, 232, § 4. 
. P, S. 32, §§ 4, 6, 
, . R. 1874. .372, § 1.S2. 

P. S. 1.54, § 2; partly special. 
! P. S. 140,§ 18. 
. . S, 1879, 279. 
. . R. 1878, 190, § 5, 
,2, P, S. 162, §§ 49, 52. 
. . T. 

. P. S. 205, § 13. 
. . B. 1874, 372, § 182. 
, , P. S. 154, §§ 2, 16; 167, §90; 

partly special. 
. . S. 1873, 211. 

, B, 1876, 203, § 28. 
. , B, 1873, 313, § 171. 



STATUTES PASSED SINCE THE GENEBAL STATUTES, ETC. 



1872, c. 300 
" 301 
" 302 
" 303 
" 30i 
" 306 



JS, 6. 



'< 307 . 

" 308 . 

" 309 . 

" 310 . 

" 311 . 

" 313 . 

" 314 . 

" 315 . 

" 317 . 

" 318 . 

" 319 . 

" 321 . 

" 323 . 

" 324, § 1 

'• 324, § 2 

" 325, §§ 

" 325, § 2 

" 325, § 4 

" 325 ■ 

" 325, § 7 

" 325, § 8 

" 326 . 

" 327 . 

" 328, §§ 1 

" 328, § 3 

" 329 .. ■ 

" 330 .. . 

" 331 .. . 

" 332 .. . 

" 333 .. . 

" 340 .. . 

" 348 .. . 

" 349 .. . 

" 350 .. . 

" 352 .. . 

" 354 .. . 

" 355 .. . 

" 358, 5 1 . . 

" 358, |§2,3. 

" 358, H • • 

" 362 .. . 

" 367 .. . 

•' 370, §§1.2. 

" 370, § 3 . . 

" 374 .. . 

" 375, §§1-10, 
15. 20, 21 . 

" 375, § 11 . 

" 375, § 12 . 

•" 375, §§13,14 

" 375, § 16 . 

" 375, I 17 . 

" 375, I 18 . 

" 375, I 19 . 

1873, c. 2, §'l . . 

" ll' . . . 

18 . . . 

19 . . . 
36 . . . 

" 37 . . . 

" 39 . . . 

'• 40 . . . 

" 41 . . . 

" 42 . . . 

" 43 . . . 

44 . . 

51 . . 

58 . . 

" 73 . . 



P. S. 9, §§ 1, 2. 

B. 1880, 221, §5. 

P. S. 1)1, § 2. 

P. S. 50. §§ 22. 23. 

S. 1875. W. 

Uncoustitntional; 118 Mass. 

386. 
P. S. 159, § 31. 
K. 1874, 372, § 182. 
P. S. 1. §§ 4, 5. 
P. S. 11, § '.)4. 
B. 1876. 213. § 14. 
B. 1874. 372, § 182. 
P. S. 154. §§ 25, 39. 
S. 1876, 196, § 1. 
S. 1875, 99. 
P. S. 191, §§ 2, 3, 6. 
S. 1880, 209. 
B. 1873, 315, § 11. 
S. 1878, 190, § 5. 
B. 1877, 192, § 11. 
P. S. 27, § 10. 
P S. 119, §§ 58-60, 64. 
S. 1872, 375, § 16. 
K. 1878, 36, § 5. 
B. 1873. 141, § 15. 
P. S. 119. § 154. 
E. 1873, 141, § 15. 
P. S. 40, § 20. 
P. S. 11, § 6. 
P. S. 2, §1 16, 20. 
S. 1879, 35, §§ 2, 3. 



1873, c. 90 



P. S. 102, §§ 80, 81. 

S. 1873. 222; 1877, 169. 

P. S. 159, § 31. 

P. S. 159. § 31. 

Special. 

P. S. 112, § 183. 

P. S. 16, § 26. 

S. 1879, 269. 

P. S. 17, § 15. 

Special. 

R. 1875, 15, § 14. 

R. 1877. 211, §6. 

S. 1877,211. 

P. S. 89, § 18. 

P. S. 119,' § 168. 

P. S. li;. §5 70, 71. 

P. S. 141, §§ 23, 24. 

P. S. 142. § 0; and m part, 
S. 1880, 152, § 2. 

S. 1879, 109. 

P. S. 119, 55 25^39. 

P. S. U'.i, 55 ;4-Ti;: 13, § 50. 

p.s.ii'i.;;iii'.M-''"; 13.550. 

, p. R. ll'.i, S5 :r,, (i2. 

P. S. 119, §§ liKJ-198. 

P. S. 119, I 72. 

P. S. 119, §§ 133-135. 

P. S. 119, § 77. 

P. S. 119, § 102. 

P. S. 80, § 27. 

P. S. 80, § 76. 

P. S. 18, § 10. 

S. 1879, 220. 

P. S. 24, §§ 9-11. 

S. 1879, 182. 

P. S. 105, § 16. 

P. S. 106, §§ 34-36, 39-41. 

P. S. 150, § 1. 

Special. 
, Merged in P. S. 100. 
, P.S.I, §4. 
, P. S. 170, § 5. 
. P. S. 27, § 75. 
. P. S. 127, § 18. 
. P. S. 221. §36. 
. S. 1879. 269. 

P S. 17, § 15; and m part 
S. 1879, 238, § 2. 



P. S. 23, § 2. 

S. 1879, 294, § 35. 

P. S. 45, §§ 2, 3. 

R. 1874, 372, § 182. 

Special. 

Special. 

P. S. 44, § 40. 

P. S. 44, § 43. 

B. 1874. 372, § 183. 

P. S. 141, §§ 16-19. 

P. S. 53, §§ 24-27. 

P. S. 91, § 103. 

R. 1876, 193. 



§§ 1-5. 

10 . . 

141, §§6, 11, 

12, 14 . . 

141, § 13 . 

142 .. . 

143 .. . 

144 .. • 

145 .. . 

156 .. . 

157 .. . 

164 .. . 

165 .. . 

166 .. . 

167 .. . 

175 .. . 

176 .. . 

177 .. . 

178 .. . 

179 . . 
180, § 1 . 
180. § 2 . 
180, § 3 . 

181 . . 

182 . . 

189 . . 

190 . . 

191 . . 

192 . . 
193, § 1 . 
193, I 2 . 

194 . . 

195 . . 

201 . . 

202 . . 
203. § 1 . 
203, § 2 . 
204 . . 



P. S. 13 



, 29-37. 



210, §§ 2, 



224. § 1 . 
224, § 2 . 
224. § 3 . 



228 
229 
230 
231 
240 
247 
252 

253 
254 

259 
261 
262 



P. S. 119, §§ 195, 206, 208, 215. 

P. S. 13, §'l. 

P. S. 119, § 182. 

R. 1S76, 61. § 4. 

P. S. 190. §§ 42-47. 

P. S. 32, § 12. 

P. S. 11, § 95. 

P. S. 44, § 42. 

P. S. 119, § 187. 

P. S. 49, § 13. 

S. 1879, 291. 

P. S. 119, §§ 25, 26, 29, 214. 

P. S. 27, §§33-36; 28, § 27. 

S. 1874, 375. 

S. 1877, 175. • 

P. S. 176, § 1. 

P. S. 106, § 12. 

S. 1877, 151, § 6. 

P. S. 57, § 12. 

Goes out with § 1. 

P. S. 159, §§ 9, 26. 

P. S. 119, § 63. 
P. S. 1, § 3. 
Special. 
P. S. 169, § 74. 
P. S. 84. § 20. 
P. S. 221, §10. 
B. 1875, 56. § 2. 
E. 1874, 372, § 182. 
P. S. 91, §§ 13, 14. 
P. S. 35, I 4. 
, P. S. 32, § 4. 
, S. 1879, 245, § 8. 
, P. S. 1.57, § 137. 
. P. S. 49, § 48. 
. Special. 
. P. S. 72, § 3. 
, B. 1878, 93, § 4. 
. R. 1873, 364. 
. P. S. 169, § 14. 
. P. S. 84, § 16. 
. P. S. 159. § 68. 
. P. S. 1.56. § 32. 
. P. S. 136, § 21. 
. S. 1879, 183. 
. P. S. 11, § 67. 
. P. S. 112, §§ 27, 28. 
. P. S. 214, §§ 20, 21. 
. Special. 
. R. 1879, 300, § 5. 
. Special. 
. Special. 

. R. 1874, 372, § 182. 
. Special. 

. P.S. 137, §§ 4,5, 11-13,28, 
29. 

. P. S. 142, §§ 22, 24. 

. S. 1879, 123, § 1. 

. P. S. 27, §§ 27, 28. 

. P.'S. 159, § 17. 

. P. S. 49, § 105. 

. P. S. 48, §§ 10-16. 

. P. S. 11, § 78. 

. S. 1879, 195. 

. Special. 

. P.S. 17, §16. 



XXVi STATUTES PASSED SINCE THE GENEEAL STATUTES, ETC. 



279 .. . 


P. S. 47, §§ 1-3. 


280, § 1 . . 


P. S. 140, § 11. 


280, § 2 . . 


P. S. 120. § 19; 142, § 6. 


283 .. . 


S. 1S74. 2(i7, § 2. 


284 .. . 


P. S. 70, §§ 32, 34. (Part ol 




§ 1 special.) 


288 .. . 


P. S. 51, § (>. 


291 .. . 


P. S. 19, § 4 


292 . . . 


K. 1871). 47, § 4. 


297 .. ■ 


P. S.l(;i.5§ 62,64,68. (Part 




of s^ 1, P. S. 172, § 4.) 


305 .. . 


II. 1879, SKI, § 3. 


3oa . . . 


P. S. 27, § 10. 


308 .. . 


P. S. 170, § 32. 


309 .. • 


P. S. 1.59, 5 29. 


310 .. . 


P. S. 1.-.4, § i;3. 


312 . . . 


It. 1S74. -Mn. § 7. 


313 .. . 


K. 1S74, 320, § lOS. 


315, §§ 1-3, 




5-11 . . 


P. S. 13, §§ 8-19. 


315, § 4 . . 


P. S. 11, § 33. 


315, 5 15 . 


P. S. 13, 1 7. 


.315, ^5 1<J-1! 


, T. 


317, U . • 


P. S. 170, § 37. 


317, § 2 . . 


K. 1.S75, 167, § 2. 


318 . . . 


Special. 


319 . . . 


P. S. 169, §§ 10, 11. 


320 . . . 


P. S. 75. 


321, § 1 . . 


P. S. 11, § 92. 




P. S. 13, § 6. 


327' ." '. '. 


Special. 


328 . . . 


8.1875,99. 


331 .. . 


R. ISSl, 166, § 3. 


333 .. . 


P. S. 106, § 40. 


335 .. . 


P. S. 27, § 10. 


33G . . . 


S. 1875, 15. 


311 . . . 


P. kS. 32, § 12. 


342 .. . 


P. S. 1.59, § 55. 


343 .. . 


P. S. 162. 5 39. 


319 .. . 


V. S. L'n:;. ^. lie. 


351 .. . 


J', s. III. ■:; i;ii, (52. 


352, §§ 1-3 . 


1'. S. liiL', <;-, 30, 41. 


353 . . . 


V. S. IIJ. ^:^ 143-147. 


354 . . 


P. S. 11. §4. 


355 . . 


P. S. isii, §§ 8, 13. 


3G1 . . 


K. 1S74, 372, § 182. 



1873,^ 
1874, 



303 . . . 

364 .. . 

365 . . . 
367 .. . 
371, U . . 
371, V2 . . 
371, !j 3 . . 
371, § 4 • • 
371, )> 5 . . 
371,^6 . . 
371, § 7 . . 

372 .. . 

373 .. . 

375 .. . 

376 . . . 

377 (ox. § 6) 
377. § 6 . . 

Resolve 4 . . 

Resolve 28 . 

Eesol\e 53 . 

c. 1 . . . 

20 . . . 

28, §1 '. '. 
2S, I 2 . . 

29, §§ 1-10, 
29, 5 11 . 
29, 5 12 . 
2 ', ■> 13 . 
•: ', •> 14 . 
29. § 15 . 



35 . . 
30, §§ 1-' 



R. 1874, 153. 

S. 1874, 1. 

P. S. 139, § 4. 

P. S. 146, § 43. 

P. S. 146, § 1. 

S. 1875, 226. 

S. 1881, 2:34, § 4. 

Repealing clause. 

P. S. 146, § 1. 

P. S. 14(), §§ 29, 36. 

S. 1879, 35, § 4; 1880, 240, 253. 

S. 1879, 82. 

R. 1878, 127, § 2. 

R. 1874, 376, § 58. 

S. various acts. 

R. 1874, 372, § 182. 

T. 

P. S. 5, § 18. 

P. S. .31, § 13. 

P. S. 159, § 46. 

E. 1874, 376, § 58. 

T. 

P. S. 12, § 71. 

Merged iu P. S. 12, § 70. 

P. S. 113, ?§ 1-8, 18. 

P. S. 113, 1 21. 

P. S. 113, 1 48. 

P. S. 113, 5 29. 

P. S. li:;, ? 49. 

P. S. 113, 5 15. 

P. S. 1,55, 5§ 63-65. 

P. S. 1.52, § 17. 

P. S. 154, §§ 2, 16; P. S. 167 

§ 90; partly special. 
S. 1876, 196; 227, § 5. 



36, § 10 . 


P. S. 167, §90. 


30, §§11,12 


P. S. 154. § 7. 


37 . . . 


]>. S, 3.-,. 5 27. 


38 . . . 


P. f^. 171.§34, cl. 2. 


42 . . . 


P. .S. 1.59, § 29. 


43 . . . 


P. S. 15!l. § 61. 


57 . . . 


E. 1877, 95, § 10. 


67 . . . 


P. S. 159, § 30. 


70 . . . 


K. 1874, 372, § 182. 


75 . . . 


R. 1S79. 233. § 2. 


76 . . . 


P. S. 69, § 7. 


77 . . . 


E. 1877, 95, § 10. 


78 . . . 


P. S. 204, § 1. 


79 . . . 


P. S. 203, § 45. 


82 . . . 


P. S. 91, § 24. 


84 . . . 


R. 1876, 203, § 28. 


85 . . . 


Special. 


86 . . . 


Special. 


105 . . . 


P. S. 131. § 17. 


107, §§ 1-3 . 


P. S. .50, §§ 22, 24. 


108 .. . 


P. S. 119. § 11. 


109 . . . 


P. S. 119. § 152. 


110 . . . 


P. S. 91,55 84, 85. 


Ill . . . 


P. S. 192, § 1. 


112 . . . 


P. S. 27, §11. 


121, § 1 . . 


P. S. 80, § 17. 


121, §2 . . 


P. S. 80, § 83. 


122 . . . 


R. 1S74, 372, § 182. 


123 . . . 


S. 1879, 219. 


124 .. . 


P. S. 23, § 2. 


126 .. . 


S. 1879, 219. 


130 .. . 


Voiil. No plaus filed. 


131 .. . 


S. 1875, 115. 


1.32 . . . 


S. 1879, 123, § 2. 


133 .. . 


P. S. 221, §6. 


135 .. . 


P. S. 91, § 14. 


144, ? 1 • 


R. 1881, 104, § 3. 


144, §§^3-6 


P. S. 91, §§ 34, 37, 38, 43. 




T. 


146' ." ". 


P. S. 156, § 48. 


150 . . 


P. S. 169, § 10. 


151 . . 


P. S. 35, §§ 51-54. 


152 . . 


P. S. 161, § 120. 


153 . . 


P. S. 91, §§ .57-1)0. 


154 . . 


P. S. 1.54, §§ 7, 64. 


150 . . 


E. 1881, 89, § 2. 


157 . . 


P. S. 150, § 48. 


162 . . 


P. S. 37, § 9. 


164 . . 


P. S. 17, §§ 13, 15. 


165 . . 


P. S. 106, § 14. 


109 . . 


P. S. 1.54, § 63. 


170 . . 


P. S. 222, § 25. 


171 . . 


S. 1879, 219. 


177 . . 


P. S. 39, §§ 1, 4. 


180, §§ 1-3 


P. S. 154, § 2. 


ISO, I 4 . 


S. 1879, 232, § 1. 


182 . . 


P. S. 114, § 5. 


184, §§ 1,3 




4, 6 . 


' P.S. 147, §§1-5, 7, 15. 


184, § 2 . 


. P.S. 124, §2. 


185 . . 


. E. 1875, 116. 


180 . . 


. P.S. 91, §51. 


187 . . 


. P. S. 161, § 84. 


188 . . 


. P. S. 172, §§ 27, 32, 49. 


190 . . 


. P. S. 82, § 8. 


200 . . 


. P.S. 1.52,' §§19-21. 


201, ? 1 . 


. P. S. 1,54, 5 2. 


201, §§ 2^ 


. S. orT. 


202 . . 


. P. S. 140, § 14. 


205 . . 


. P. S. 147, § 33. 


206 . . 


. E. 1878, 258, § 8. 


207 . . 


. S. 1879, 234, § 2. 


211 . . 


. Special. 


214 . . 


. P. S. 27, §§ 13, 14. 


221 . . 


. P. S. 74, §§ 4, 5. 




. R. 1878, 35, § 5. 


92:"; 


. R. 1874, 372, § 182. 


2'^4 


. P. S. 1.54, §§ 2, 16; partly 




special. 


224, § 17 


. P. S. 167, § 90. 


225 . . 


. P.S. 53, §12. 


226 . . 


. E. 1874, 372, § 182. 



STATUTES PASSED SINCE THE GENEKAL STATUTES, ETC. 



P. S. 11,§§5S, 90. 




-'. § 182. 

. is, 10. 
1'. S. .S;i, § 15; aud see li 

M.iss. 
S. 18Til, 105. 
S. 1877, 210, § 5; 1877, 211, 

. S. 'Jl!i, fi^ "1-33. 
"5 7, 8. 

s. irs, i;K 45-17, 51. 
s. 2ii;, 5'8. 

S. 21li, 5 1. 

S. 15i>, 5 21). 

S. 158, § 23. 
S. 1.S7I1. 240. 
I', S. 154, § 50. 
S. 1S75. lOil. 
P. S. 154, §§40,47; 175, §§3, 

0. 
In part S. 1876, 196, § 1. 
Ill jiart P. S. 167, § 90. 
P. S. 154, §§ 42, 43. 
P. S. 154, § 44. 
P. S. 154, § 43. 
S. by various acts. 
P. S. 44, § 43. 
P. P. 15(1, § 48. 
E. 1878, liio, § 5. 
275, U . . P. S. 4:i, § il2. 
275, ^ 2 . . P. S. 4!l, § 93; 51, § 1. 

279 . . . P. S. 48, § 9. 

280 .. . S. 1880, 02. 

281 .. . Special. 

281, § 4 . . P. S. 167, § 90. 

282 .. . P. S. 91, § 79. 

283 ... P. S. 49, § 106; 51, § 16. 

284 . . . P. S. 19, |§ 12, 16. 
290 .. . P. S. SO, § 95. 

292 . . . E. 1874, 372, § 182. 

293 .. . P. S. 154, §§ 2, 16; partly 

special. 

293, § 13 .P. S. 167, § 90. 

295 .. . P. S. 107. 

297 . . . P. S. 169, ?§ 45-50. 

298 . . . K. 1874, 372, § 182. 

299 .. . P. S. 49, § 83. 
303 .. . P. S. 40, §§ 3, 5. 
305 .. . R. 1874, 372, § 182. 
306, § 1 . . P. S. 212, § 55. 
30(i, § 2 . . Repealing clauses. 
306, §§ 3, 4, P. S. 212, §§ 45, 46. 
306, § 5 . . P. S. 212, § 73. 
308 .. . P. S. 80, §§ 92, 93. 

315 .. . P. S. 154, § 2; partly spe- 

cial. 

316 .. . P. S. 154, § 2; partly spe- 

cial. 
316, § 9 . . P. S. 175, § 3. 

317 .. . T. 

320 .. . R. 1878, 265, § 165. 

321, §§ 1-3 . P. S. 191, §§ 42, 43. 

321, § 4 . . S. 1877, 9.3, § 1. 

323 .. . K. 1874, 372, § 182. 

32G . . . R. 1875, 10(3, § 3. 

327 ... P. S. 158, § 23. 

329, § 1 . . P. S. 10, 5 8. 

329, § 2 . . P. S. 22, § 18. 

3.30 . . . R. 1877, 192, § 11. 

336 ... S. 1876, 196; 1879, 267. 



1874, c. 3.37 . . . 


P. S. 154, § 2 ; partly special. 


" 338 . . . 


S. 1879, 265. 


" 339, § 1 . . 


P. S. 151, § 31; 156, §21. 


" 339, § 2 . . 


P. S. 156, § 21. 


" 339, 1 3 . . 


P. S. 156, § 20; 151, § 28. 


" 339, § 4 . . 


Merged in P. S. 151, § 33. 


" 340 .. . 


P. S. 174, § 9. 


" 341 .. . 


P. S. 49, §§ 89, 90. 


" 342 .. . 


P. S. 44, § 48. 


" 344 .. . 


P. S. 7, § .56. 


;; j;*!' 11' ■ 


P. S. 142, § 23. 


P. S. 142, § 20. 


" ?40; 1 3 ! ! 


P. S. 156. § 37. 




P. S. 19, §§ 9, 10. 


" :ms ! '. . 


P. S. 4.1, § 3. 


" 349, ^ 1 . . 


P. S. 106, §§ 4, 25, 29, 54, 79. 


" ;;49,§2. . 


P. S. 106, § 80. 


" 350 ... 


P. S. 1.54, §§ 2, 16; partly 




special. 


" 350, § 13 . 


P. S. 167, § 90. 


" 351 . . . 


R. 1874, 372, § 182. 


;; .3.52, § 1 . . 


P. S. 141, § 10. 




P. S. 141, §§ 16, 17. 


'* 352,' § 3 . 


P. S. 141, § 28. 


" 355' . . . 


E. 1874, 372, § 182. 


" 356 '. . . 


R. 1.S76, 172, § 4. 


" 360, § 1 . . 


P. S. 16, § 52. 


" 360, § 2 . . 


P. S. 16, § 36. 


" ."61 . . . 


E. 1875, 238, § 3. 


" 362 . . . 


R. 1874, 372, § 182. 


" 363, 5§ 1, 2, 


P. S. 87, § 36. 


" 363, §§3-5 . 


T. 


" 3B4 . . . 


S. 1879, 220, § 1. 


" 366 . . . 


P. S. 143, § 3; part confirm- 




atory of past acts. 


" 369 . . . 


P. S. 158, § 23. 


" 372, § 1 . . 


0. 


" 372, 52.. 


P. S. 112, § 1. 


" 372, 5§ 3^ . 


P. S. 112, §§ 2, 3, 5. 


" 372, R§ 6-13, 


P. S. 112, §§ 9, 14-20. 


" .372, ■;§ 14,15, 


P. S. 112, §§ 13, 26. 


'• 372, § 16 . 


T. 


'• 372, § 17 . 


P. S. 112, § 10. 


" .372, § 18 . 


K. 1878, 167, § 2. 


" ,372, ?§ 19-30 


P. S. 112, §§ 34-15. 


" 372, §§ 31-34 


P. S. 112, §§33,139,140, 142. 


" 372, §§.35-46 


P. S. 112, §§ 46-51, 53-57,59. 


" 372, §47 . 


R. 1878. 215, § 4. 


" 372,§§4.S-52 


P. S. 112, §§ 60, 62-65. 




P. S. 112, §§ 74-76, 79, 80. 


" .372', §§ 5S-60 


P. S. 112, §§ 88-91. 


" 372, ■§ I'll . 


T. 




P. S. 112. §§ 92, 95-114. 


" 372! §183, 84 


R. 1879, 205, § 3. 


" .372, §§85-98 


P. S. 112, §§ 118-131. 


" 372, §§ 99, 




100 . . 


R. 1878, 175, § 3. 


" 372, §§ 101- 




105 . . 


P. S. 112, §§ 134-138. 


" 372, §§ 106, 




107 . . 


P. S. 112, §§ 214, 215. 


" 372, §§ 108- 




119 . . 


P. S. 112, §§ 148-157, 159, 




100. 


" 372, §120 . 


P. S. 112, § 141. 


" 372, §§ 121- 




132 . . 


P. S. 112, §§ 101-172. 


" 372, §§ 133, 




134 . . 


P. S. 112, §§ 177, 178. 


" 372, §§ 135- 




141 . . 


P. S. 112, §§ 181, 182, 187- 




191. 


" 372, § 142 . 


P. S. 207, § 55. 


" 372, §§143- 




147 . . 


P. S. 103, §§ 13-20. 


" 372, §§ 148- 




157 . . 


P. S. 112, §§ 195-204. 


" 372, § 158 . 


P. S. 203, § 14. 


" 372, §§ 159- 




164 . . 


P. S. 112, §§ 208-213. 


" 372, §§ 165- 




168 . . 


P. S. 112, §§ 21Q-219. 



XXVm STATUTES PASSED SINCE THE GENERAL STATUTES, ETC. 



1874, c. 372, § 169 . 


P. S. 112, § 4. 


1875, c. 22 . 


. Has been acted on. 


" 372, ^§ 170- 




" 23 . 


. P. S. 154, § 2. 


174 . . 


P. S. 112, §§ 220, 81-84. 


" 26 . 


. R. 1879, 300, § 5. 


" 372, §§ 175, 




" 27, §§ 1 


-4 . P. S. 119, §§ 05-68. 


17(i . . 


P. S. 112, §§ 223, 224. 


27, § 5 


. P. S. 119, § 02. 


" 372, § 177 . 


P. S. 112, § 01. 


" 27, § 6 


. P. S. 119, §§ 59, 61. 


" 372, § 178 . 


P. S. 112, § 0. 


" 29 . 


. R. 1876, 180, § 8. 


" 372, ^ 179 . 


P. S. 112, § 180. 


" 33 . 


. P. S. 187, §§ 16-20. 


" 372, §§ 180, 




34 . 


. P. S. 119, § 22. 


.181 . . 


P. S. 112, §§ 7, 8. 


35 . 


. P. S. 1, § 4. 


" 372, §§ 182, 




38 . 


. Special. 


183 , . 


Repealing clauses. 


39 . 


. S. 1881, 47, §§1,3. 


" 375, §§ 1-7 . 


P. S. 115. 


40 . 


. P. S. 204, § 27. 


" 375, § 8 . . 


P. S. 11, §5, clav\se3. 


" 42 . 


. R. 1878, 12. § 2. 


" 37(i, §§ 1-3 . 


P. S. 0, §§ 1, 2, 5. 


" 43 . 


. Repealing statute. 


" 37li, §§ 1-li . 


P. S. 0, §§ (i-8. 


" 48, § 1 


. R. 1879, 78, § 11. 


" 37(1, § 7 . . 


P. S. 0, § 18. 


48, § 2 


. S. 1879, 35, § 3. 


" 37i;, § 8 . . 


P. S. 0. § 23. 


48, § 3 


. Repealing clause. 


" .37li. § 9 . . 


R. 1878, 233, § 3. 


49 . 


. P. S. 115, §§ 6, 13. 


" 371), !) IIJ . 


P. S. 0, § 25. 


" 56 . 


. P. S. 221, § 10. 


" 37li,^Ul,12 


R. 1870, 225, § 9. 


58 . 


. P. S. 112, § 02. 


" 3711, § 13 . 


S, 1879, 37. 


59 . 


. P. S. 119, § 88. 


" 370, s< 14 . 


P. S. 0, § 24. 


" 60 . 


. Special. 


" 37(i, § 15 . 


P. S. 0, § 20. 


" 61 . 


. Special. 


" .37(1, §Ul>-18, 


P. S. 6, §§ 2;)-31. 


" 62 . 


. P. S. 00, § 20. 


" 370, !iU;i-23, 


P. S. 7, §§ 1-3, 8, 9. 


" 08, §§ 1 


3, P. S. 171. §§ 23, 24. 


" 370, §^ 24-39, 


P. S. 8, §§ 7-23. 


" 68, § 2 


. P. S. 101, §§ 122, 126, 128. 


" 370, |§ 40, 




68, § 4 


. P. S. 187, §39. 


41,43,45, 




70 . 


. P. S. 84, § 19. 


4(), 48. 50, 


P. S. 7, §§ 27-33. 


71 . 


. Special. 


" 370,§U2,47 


R. 1870, 188, § 7. 


72 . 


. P. S. 119, §§ 141-144. 


" 370.^^44,49 


R. 1877, 206, § 4. 


79 . 


. P. S. 119, §§ 206, 207. 


" 37(i, l5 .51, 




83 . 


. P. S. 220, § 16. 


.52,.'")4,5o, 


P. S. 7, §§ 51-54. 


93 . 


. P. S. 31, §§ 9, 10, 12. 


" 370, §§.53,57 


P. S. 0, § 32; 7, § 07. 


94 . 


, P. S. 86, §§ 35, 36. 


" 370, § .50 . 


Mei-c.l 'ill P. S. 0, § 4. 


95 . 


. S. 1878, 35, § 5. 


" 370, § 58 . 


R.-praliiiu.'laiiSfS. 


99 (ex. 


19), P. S. 100, §§ 1-29; 102, § 2. 


" 378 .. . 


R. IsTs. J^s. ^s. 


99, §19 


. P. S. 155, § 54. 


" 3,80 . . . 


S. 1.^70, 205, § 2. 


" 100 . 


. R. 1870, 203, § 28. 


" 381 . . . 


Special. 


" 101 . 


. P. S. 203, § 85. 


" 383 . . . 


P. S. 1, §§ 3, 4. 


" 105 . 


. P. S. 27, §§ 10, 17. 


" 384 .. . 


P. S. 112, §§ 60, 77, 78. 


" 106, § 1 


. Partly S. 1.877, 187; partly 


■' 385, §§ 1, 2, 


T. 




P. S. 154, § 43. 


" 385, § 4 . . 


Merged in P. S. 221, §§ 59, 00. 


" 10(i, § 2 


. P. S. 154, § 48. 


" 3.S5, §§ 3, 5, 




'■ 107, § 1 


. P. S. 119, § 154. 


0,8.10,11, 


P. S. 221, §§ 43-50. 


" 107, § 2 


. S. 1877, 204, § 1. 


" 385, §§ 7, 9, 




" 109 . 


. P. S. 85, § 5. 


12-10, 19, 




" 110 . 


. P. S. 112, § 139. 


20,22. . 


R. 1879, 294, § 30. 


■' 115 . 


, P. S. 91, § 12. 


" 385, § 17 . 


P. S. 215, § 14. 


'• 110 . 


. Special. 


" 385, § 18 . 


P. S. 219, § 10. 


■' 117 . 


. P. S. 49, §§ 28-31, 104. 


" 3,85, § 21 . 


P. S. 207, § 29. 


•' 118 . 


. P. S. 41, § 15. 


" 385, §§ 23, 24 


P, S. 221, §§ 59, 60. 


" 122 . 


. P. S. 35, § 60. 


" 380, §§1,2, 8 


P. S. 31, §§ 1, 3. 


•' 120 . 


. P. S. 222, §§ 8, 9. 


" .380, §§3, 4,0 


T. 


" 1.3(> . 


. P. S. 53, §§ 15, 16. 


" 380, § 5 . . 


P. S. 31, § 6. 


" 137 . 


. P. S. 25, §22. 


" 380, § 7 . . 


T. 


" 142 . 


. P. S. 120, § 0. 


" 388 . . . 


P. S. 49, §§ 26, 27, 102, 103; 


" 144 . 


. P. S. 161, § 39. 


• 


S. in part 1875, 177. 


" 151 . 


. R. 1870, 79, § 5. 


" 389 .. . 


P. S. 44, § 21. 


" 1.52 . 


. P. S. 75, § 1. 


" 392 . . . 


P. S. 154, §§ 2, 16; partly 


" 1.53 . 


. P. S. 05, § 20. 




special. 


" Kil . 


. P. S. 110, § 7. 


" 392, § 13 . 


P. S. 107, § 90. 


" 1(>3 . 


. P. S. 54, §§ 13-15. 


" 393 . . . 


R. 1870, 203, § 28. 


" 107 . 


. P. S. 214, § 0; 170, § 36. 


" 394, §§1,2 . 


P. S. 17, §§ 18, 20. 


" 171 . 


. T. 


" 394, §:; . . 


P. S. 154, § 38; 155, § 76. 


" 172 . 


. R. 1877, 95, § 10. 


" 394, §§4, 5. 


P. S. 23, §§ 29, 30. 


" 174 . 


. P. S. 110, §§ 35, 37, 38. 


" 397, § 1 . . 


Declaratory of effect of 


'• 177 . 


. P. S. 106, |§ 7, 34, 35, 48,51, 




past law. 




61,84. 


" 397, § 2 . . 


S. 1881,234. 


■' 178 . 


. P. S. ItK), §§ 52-58. 


" 399 , . . 


Special. 


■• 179 . 


. P. S. 102, § 10. 


" 404 .. . 


P. S. 77, § 15. 


" 180 . 


. Special. 


" 405 . . . 


K. 1875, 15, § 14. 


" 182 . 


. S. 1879, 265, § 4. 


1874, Resolve 5 . . 


Special. 


" 185 . 


. Special. 


1875, c. . . . 


P. S. 154, § 2. 


" 18<j . 


. P. S. 16, § 45. 


12 . . . 


P. S. 17, §"16. 


" 188 . 


. R. 1878, 233. 


13 . . . 


P. S. 64, § 4. 


" 189, § 1 


. P. S. 139, § 20. 


14 . . . 


P. S. 192, § 2. 


" 189, § 2 


. R. 1877, 127. 


" 15 (ex. §9), 


R. 1879, 305, § 9. 


" 192 . 


. T. 


15, § 9 . . 


P. S. 103, § 12. 


" 201 . 


. Special. 


20 . . . 


S. 1877, 93, § 2. 


" 209, § 1 


. P. S. 11, §§ 34, 36. 


21 . . . 


P. S. 32, § 10. 


" 209, §§2- 


11 . P. S. 29, §§ 1-17. 



STATUTES PASSED SINCE THE GENERAL STATUTES, ETC. XXIX 



1875,0.210 . . . 

" 211 .. . 

" 212 .. . 

" 213 .. . 

" 216 .. . 

" 219 . . . 

" 223 .. . 

" 225 .. . 

" 226 .. . 

" 229 .. . 

" 230 .. . 

" 231 .. . 

" 232, §§ 1-3 . 

" 235 .. . 

" 236 .. . 

" 238, § 1 . . 

" 238, § 2 . . 
" 239, §§1,2, 

4, 8 . . 

1875, Kesolve 62 . 
" Resolve 67 . 
" Resolve 68 . 
" Resolve 78 . 

1876, c. 1 . . . 



47, §§ 1-3 . 

47, § 4 . . 

49 . . . 

50 . . . 
52 . . . 

59 . . . 

60 . . . 

61 . . . 

62 . . . 

63 . . . 

71 . . . 

72 . . . 

73 . . . 

74 . . 
76 . . 
78 . . , 
79, §§ 1, 2 

79, §§ 3, 4 

80 . . 

83 . . 



100 . . 

103 . . 

104 . . 

109 . . 

110 . . 

113 . . 

114 . 

115 . 

117 . 

118 . 
120, § 1 
120, §2 



P. S. 127, § 13. 

P. S. 74, §§1,2. 

P. S. 167, §§ 48, 69. 

P. S. 154. § 24. 

V. S. 84. §§ 35, 36. 

P. S. 112,' §§ 120,164. 

P. S. 49, § 106. 

P. S. lOli. § 17. 

P. S. 146, § 3. 

R. 18T8. 2(i5, § 165. 

P. S. m-j, § 1. 

R. 1878, 17.5, § 3. 

P. S. 205, § 12. 

P. S. 151, § 3. 

P. S. 12, §§ 6:i-65. 

S. 1879, 292, § 1. 

P. S. 156, § 44. 

P. S. 19, § 3. 

P. S. 2, § 35. 

T. 

T. 

S. 1878, 265, § 123. 

P. S. 10(i, § 61. 

P. S. 44, § 1. 

P. S. 155, § 79. 

P. S. 22, § 12. 

P. S. 159, § 46. 

P. S. 79. § 10. 

P. S. 8, § 6. 

P. S. 207, § 25. 

P. S. 29, § 18. 

P. S. 53. § 11. 

P. S. Ki, § .55. 

P. S. 49. § 107. 

S. 1880, 218. 

S. 1879, 78, §§ 1, 11. 

Special. 

Special. 

P. S. 112, § 178. 

Special. 

Special. 

P. S. 44, §§ 33-35. 

P. S. 42, § 2. 

Special. 

P. S. 91, §§5, 7. 

P. S. 48, §§ 1-5. 

P. S. 13, § 54. 

P. S. 154, §§ 40, 41. 

P. S. 222, §§ 3-5. 

P. S. 91, §§ 17-19. 

P. S. 112, § 207. 

P. S. 132, § 2; 134, § 13. 

S. 1879, 294, § 27. 

P. S. 112, §§ 119, 123, 125. 

P. S. 153, § 7. 

P. S. 1.32, §2; i;U,§13. 

Special. 

P. S. 134, §§ 19, 20. (Part 
of § 2, S. 1880, 152, § 2.) 

P. S. 142, § 6. 

P. S. 28, § 5. 

P. S. 119, §§ 169-172. 

P. S. 38, § .31. 

P. S. 207, §§ 60-67. 

S. 1879, 299. 

P. S. 124, §§ 10, 12. 

P. S. 154, § 31; 155, § 44. 

R. 1879, 294, § 36. 

O. 

P. S. 102, §§ 120-122. 

Special. 

P. S. 91, §§ 73-75. 

P. S. 14, § 90. 

P. S. 41, § 8. 

P. S. 9, § 2. 

P. S. 35, § 54. 

R. 1877, 200, § 24. 

P. S. 190, § 45. 

P. S. 207, § 29. 

S. 1877, 198, § 7. 
Confirmatory. 



c. 120, § 3 . . 


121 .. . 


122 .. . 


123 (ex. §9), 


123, § 9 . . 


127, § 1 . . 


127, § 2 . . 


127, § 3 . . 


133 .. . 


137 .. . 


139 .. . 


141 .. . 


143 . . . 


IK) . . . 


147 .. . 


148 .. . 


' 151, § 1 . . 


' 151, § 2 . . 


' 152 .. . 


' 153 .. . 


' 154 .. . 


' 155 .. . 


' 156 .. . 


' 157 .. . 


' 158 .. . 


• 159 . . . 


' 161 . . . 


' 162 .. . 


' 165 . . . 


' 1()6 . . . 


' 167 .. . 


' 169 .. . 


' 170 .. . 


' 172 .. . 


' 173 .. . 


' 174 .. . 


' 175 . . . 


" 178 .. . 


" 179 . . . 


" 180 .. . 


" 181 .. . 


" 182 .. . 


" 184 .. . 


" 185, § 1 . . 


" 185, § 2 . . 


" 185, § 3 . . 


" 185, §§ 4-6 . 


" 186, § 1 . . 


" 186, § 2 . . 


" 188, §§1,2. 


" 188, § 3 . . 


" 188, §§ 4-6 . 


" 188, § 7 . . 


" 188, § 8 . . 


" 189 . . . 


" 190, §§ 1-13 


" 190, §14. . 


" 193 .. . 


" 195 .. . 


" 196, §§1,2. 


" 19<i, § 3 . . 


" 197 .. . 


" 198, § 1 . . 


" 198, § 2 . . 


" 199, §§ 1, 2 


" 199, § 3 . 


" 200 . . 


" 201 . . 


" 202 . . 


" 203 . . 


" 204 . . 


" 205 . . 


" 206 . . 


" 207 . . 


" 208 . . 


" 209 . . 


" 210 . . 


" 212 . . 


" 213 . . 


" 214 . . 


" 215 . . 



P. S. 119, § 97. 

P. S. 89, §§ 49, 50. 

P. S. 53, §§ 28-32. 

P. S. 65, §§ 12-15, 19-23. 

S. 1877, 151, § 1. 

P. S. 24, § 1. 

T. 

Repealing clause. 

P.S. 11, §§ 35,36; 29,§§ 20-22. 

R. See P. S. 90, §§ 26-28. 

P. S. 27. § 18. 

S. 1877, 210, § 1. 

P. S. 23, §§ 18, 19. 

Confirmatory. 

P. S. 102. §§ 124-127. 

P. S. 220, § 61. 

P. S. ;il, § 15. 

P. S. 31, §§ 13, 15. 

S. 1879, 82. 

S. 1880, 212. 

S. 1879, 80. 

S. 1879, 288. 

S. 1879, 81. 

P. S. 80, §§ 56-59. 

P. S. 80, §§ 60, 61. 

P. S. 27, §§ 32, 34. 

Special. 

P. S. 100, §§ 20, 30^6. 

P. S. 156, § 41. 

P. S. 215, §§ :i2-39. 

P. S. 161, §§ 85-88. 

P. S. 89, § 51. 

P. S. 112, § 62. 

P. S. 7, §§ .->7, .58, 61. 

P. 8.112, §§26, 81; 113, §58. 

P. S. 1.55. § 46. 

P. S. 29, § 19. 

R. 1877, 248, § 6. 

P. S. 86. §§ l(i-18. 

P. S. 58, §§ 1-7. 

P. S. 203, §§ 99, 100. 

P. S. 112, § 216. 

P. S. 154, § 49. 

P. S. 112, § SI; 113, §58. 

P. S. 112, § 21. 

P. S. 112, §§ 10, 11. 

P. S. 112, §§ 22-24. 

P. S. 44, § :.l. 

P. S. 47, § 8. 

P. S. 7, §§ 34, 35. 

P. S. 8, § 11. 
P. S. 7, §§ 3(i, .38^0. 
Repealing section. 
P.S. 8, §19. 
T. 
, P.S. 8, §§4,5. 

T. 
, P. S. 28, §§ 6, 7. 
, P. S. 154, § 1; pattly speciaL 
, P. S. 155, § 28. 
, P. S. 154, § 67. 
, P. S. 159, I 34. 
, S. 1879, 201. 
. T. 

. P. S. 141, §§ 23, 24. 
, P. S. 142, § 6. 
. P. S. 130, §§ 10, 11. 
. P. S. 112, § 52. 
. P.S. 202, §26. 
. P. S. 116, §§ 11-29, 31-34, 

4^43. 
. R. 1878, 265, § 165. 
. S. 1879, 197. 
. P. S. 112, § 9. 
. P. S. 170, § 24. 
. Special. 
. P. S. 150, § 4. 
. S. 1879, 109, § 3. 
. R. 1878, 175, § 3. 
. P. S. 148. 
. S. 1879, 35. 
. P.S. 154, §67; 199, § 34. 



STATUTES PASSED SINCE THE GENERAL STATUTES, ETC. 



187G, c. 216 . . 


R. 1879, 305, § 9. 


1877, c. 120 .. . 


R. 1879, 294, § 36. 


" 218 . . 


S. 1879, 79. 


" 123 .. . 


Special. 


" 219 . . 


R. 1877, 192, § 11. 


" 127 .. . 


P. S. 139, § 40. 


" 220 . . 


P. S. 125, § 1; 124, §§ 1,3; 


" 128 . . . 


P. S. 139, § 5. 




1:35, § 3. 


" 133, §§ 1-6 . 


P. S. 80, §§ 7-12. 


" 221 . . 


. P. S. 91, §§ 51, 53, 54. 


" 134 .. . 


P. S. 143, § 5. 


" 222 . . 


P. S. 8, § 3. 


" 141 .. . 


Special. 


" 225, § 1 . 


P. S. 11, § 11. 


" 146 .. . 


Merged in P. S. 154. 


" 225, §§ 2, G 


P. S. 6, ^ 20. 


" 147 .. . 


P. S. 88, §§ 4, 6; 220, § 12. 


" 225, §3 . 


P. S. (;, ^ 17. 


" 148 .. . 


S. 1879, 234. 


;; 225,f4. 


P. S. 6, § 21. 


" 149 ... 


P. S. 114, § 21. 




P. S. 11, § 11. 


" 150 .. . 


P. S. 4, §§ 12, 13; 65, §5. 


" 2'^5, § 8 . 


Special. 


" 151 .. . 


P. S. 65, §§ 8, 12, 13, 16-19. 


;; 227. § 1 . 


P. S. 1.54, ? 20. 


" 158, § 1 . . 


P. S. 134, §12; 178, §§65, 66. 




V. S. 154,^ :12. 


" 158, I 2 . . 


P. S. 178, § i\-l. 


" 2"7' 5 3 


P. s. \:<\. J;; 7,43. 


" 159 . . . 


P. S. lir,. ^. 40. 


" 227, §§ 4, i; 


1'. '.. I'll. ■ J. 10. 


" 160 . . . 


P. S. 11. ^« :;s, (i9. 


" 227, § 5 . 


1'. S. I'.is, v; :;o. :;2; 199, § 2; 


" 161 .. . 


S. 1878. 3l->. St 105. 




liaitlv S. 1877, 177, § 1. 


" l(i2 . . . 


P. S. 116, § :i;. 


" 228 . . 


P. S. 189, § 2. 


" 163 . . . 


P. S. 11)7, § 21. 


" 231 (ex. § 4) 


P. S. 116, §§1-9; 118, §§112- 


" 164 . . . 


P. S. 13. §§ (;i, 62. 




114. 


" 165 . . . 


P. S. ir.i.'s fJ. 


" 231, § 4 . 


S. 1879, 124. 


" 167, §§ 1-3 . 


P. S in-, '■■ 11)1^103. 


" 234 . . 


P. S. 150, §§ 42, 43. 


" 167, § 4 . . 


P. S, inj. , ;-,,;. 


" 233 . . 


P. S. 172, §§ 32, 49. 


" 169 . . . 


P. S, l.v.i. ■';■; ('.7. (i9. 


" 238, §§ 1-3 
" 238, ^ 4 . 


P. S. 77, §§ 5-7. 


" 171 . . . 


E. 1878, 265, § 105. • 


P. S. 29. § 23. 


" 172 .. . 


P. S. 48, § 8. 


" 240 . . 


P. S. 1.54, §§ 42, 43. 


" 174 .. . 


P. S. 146, § 5. 


" 241 , . 


R. 1H79, 117, § 5. 


" 17.-.. § 1 . . 


P. S. 119, § 74. 


" 242, § 4 . 


P. S. .S, § 5. 


" 175. § 2 . . 


R. 1879, ,52, § 2. 


" 244 . . 


S. 1879, 291. 


" 176 . . . 


P. S. 172, § 51. 


1876, Resolve 24 


P. S. 2, § 28. 


" 177 .. . 


P. S. 198, §31; 199, §§2,6. 


" Resolve 43 


T. 


" 178, § 1 . . 


P. S. 1.51, ^ 4. 


" Resolve 40 


T. 


" 178, § 2 . . 


P. S. 151, § 2. 


" Resolve 55 


T. 


" 178, § 3 . . 


P. S. 1.50. §§ 31, 32, 35. 


1877,0. 6 . . 


0. 


" 178, § 4 . . 


Repealing clause. 


16 . . 


Special. 


" 178, § 5 . . 


P. S. 146, § 27. 


17 . . 


P. S. 159, §§ 8, 31. 


" 178, § 6 . . 


P. S. Kil, § 53. 


l.s . . 


P. S. 161, § 85. 


" 179 . . . 


P. S. 116, § 31. 


24 . . 


P. S. 44, § 35. 


" 180 .. . 


P. S. 91, § 13. 


" 23 . . 


Special. 


" 181 .. . 


P. S. l(i, §§ 41-43. 


" 27 . . 


S. 1879, 79, § 2. 


" 182, §§1-3,5 


, P. S. .82. §§ 25-28. 


28 ! ! 


P. S. 119. § 216. 


" 182, § 4 . . 


P. S. 82, § 4. 


" 2!) . . 


V. S. 119, s^? 190-193. 


" 182, § 6 . . 


P. S. 82, § 31. 


" 30 . . 


P. S. 2;;, §'24. 


" 183 . . . 


P. S. 84, § 18. 


31 . . 


P. S. 141, §5. 


" 184 .. . 


P. S. 214, § 24. 


35 . . 


P. S. 75, § 5. 


" 185 .. . 


P. S. 102, §§ 35, 36. 


" 36, § 1 . 


S. 1878, 35, § 5. 


" 186 . . . 


P. S. 27, §§ 69-73. 


30, § 2 . 


Coiilirinatory. 


" 187 .. . 


P. S. 154, § 59. 


37 . . 


P. S. 51, § 17. 


" 1,S8 . . . 


S. 1879. 201. 


38 . . 


P. S. 35, §§ 38, 39. 


" 189 . . . 


P. S. 154. §§ 2, 64; partly 


40 . . 


P. S. 66. 




syn-vi-.a. 


42 . . 


Special . 


" 190 . . . 


Pv. 1.88(1. 15. 


57 . . 


P. S. 106. §§ 81, 82. 


" 192 . . . 


II. 1,S79. 301, § 11. 


58 . . 


P. S. 52. § 3. 


" 194 . . . 


P. S. 112, § 25. 


60 . . 


Jlerijed in P. S. 92. 


" 195, §§1,3. 


Board abolished 1879, 291 


61 . . 


P. R. 119, § 166. 




§1- 


6(1 . . 


Special. 


" 195, § 2 . . 


P. S. 79, § 5. 


67. . . 


P. S. 10.'), § 7. 


" 19li . . . 


Special. 


6S . . 


P. a. l.Vi, § 18. 


" 198 . . . 


P. S. 119, §§ 88, 96, 113-115. 


6!) . . 


P. S. .82, §§ 10-15. 


" 199 . . . 


S. 1879, 161. 


74 . . 


Special. 


" 200 (except 
§§ 22, 2i), 




" 75 . . 


P. S. 91, § 84. 


P. S. 26, §§ 1, 2, 4, 5, 7-24. 


" 83 . . 


P. S. 124, § 1. 


" 200, §§22,23 


, R. 1880, 167. 


85 . . 


P. S. 199. § 2. 


" 201 . . 


P. S. 2, § 31. 


87 . . 


Special. 


" 203 .. . 


S. 1879, 109, § 3. 


93 . . 


P. S. 191,§§0, 7, 43, 14. 


" 204 .. . 


P. S. 115, §§ 8, 10. 


94 . . 


P. S. 156, § 48. 


" 206 .. . 


P. S. 7. §§ 22-24. 


95 . . 


R. 1879, 209. 


" 207 .. . 


P. S. 1;. §§S, 17. 


96 . . 


R. 1878, 208, § 3. 


" 208 .. . 


P. S. 6, §§ 1.3-16, 27. 


" 97 . . 


P. S. 183, §§ 71, 72. 


" 209 .. . 


P. S. 7. §§ 16-21. 


" 101 . . 


P. S. 74, § 3. 


" 210, § 1 . . 


P. S. 154, §§ 5, 58. 


" 102 . . 


P. S. 144, § 1. 


" 210, § 2 . . 


P. S. 154, §§ 26, 64, 65. 


" 105 . . 


P. S. 113, § 3. 


" 210, § 3 . . 


P. S. 154, § 34. 


" 106 . . 


P. S. 178, § 29. 


" 210, § 4 . . 


P. S. 154, § 11. 


" 107 . . 


T. 


" 210, § 5 . . 


P. S. 89, §§ 15, 19. 


" 108 . . 


Special. 


" 210, § 6 . . 


Merged in P. S. 154, § 11. 


" 109 . . 


Special. 


" 210, § 7 . . 


P. S. 154, §§ 26, 65. 


" 110 . . 


Special. 


" 211, § 1 . . 


P. S. 155, § 6. 
P. S. 155, § 11. 


" 117 . . 


R. 1878, 263, § 165. 


" 211, § 2 . . 


" 118 . . 


R. 1878, 263, §165. 


" 211, § 3 . . 


P.S.152,§^4,9;155,§§12,13. 


" 119 . . 


P. S. 91, § 72. 


" 211, §4 . . 


P. S. 155, § 44. 



STATUTES PASSED SINCE THE GENERAL STATUTES, ETC. 



1877, c. 211, § 5 . . 

" 211, § 6 . . 

" 211, ^ 7 . . 

" 211, I 8 . . 

" 211, § 9 . . 

" 212, §§ 1, 2, 

" 212, § 3 . . 

" 213 .. . 

" 214, §§ 1-3 . 

" 214, §§ 4, 5 • 
8-10 . . 

" 214, §§ 0, 7 . 

" 215 

" 216 

" 223 

" 224 

" 224, §^ 9, 

" 224, §18 

" 226 . 

" 227, 5§1, 

" 227, § 3 

" 229 

" 230 '. 

" 231 . 

" 232 . 

" 233 . 

" 234, § 1 

" 234, §§ 2, 

" 234, § 4 

" 234, I 5 

" 235, § 1 

" 235, § 2 

" 235, I 3 

" 236, § 1 

" 236, § 2 
" 240 . 
" 248 . 
" 250 . 
" 252, 5 1 
" 252, § 2 

1877, Resolve 60 

1878, c. 6 . 

7 

9 

" 11 

12 

13 

" 21 

" 23 



P. S. 155, § 70. 

P. S. 47, § 3. 

P. S. 155, § 9. 

Repealing clause. 

P. S. 155; § SO. 

P. S. l.M; partly special. 

S. 1879, 2:34. 

S. 1879, 263. 

P. S. 104, ^§ 1.3-15. 



84, §1 



P. S. 101, 55 l!i-24. 

P. .S. in:;, ;;;; ki, 11. 



P. S. isi. 



17. 



78, 79. 



P. S. lOJ, 

P. s. .J4, §f k;, 17. 

Mostly in P. S. 117. 

R. 1881,271. 

P. S. 13, ^ 24. 

S. 1880, 253. 

P. S. 87, § 37. 

T. 

P. S. 126, §§ 13, 14. 

P. S. 106, ^ 37, 38, 55, 60. 

P. S. 203, § 46. 

P. S. 98, §'.-5. 

P. S. 89, § .SO. 

P. S. 52, 5 1. 

P. S. 52, ^^ 18-20. 

S. is.si. ■_':■,(;. 

r. S, nil. s^ 7. 

P. S. 6,§i:il; 11, §61; 12, §2. 

P. S. 6, § 25. 

Special. 

P. S. 1.54, §§ 39, 52; 155, § 29; 

198, § 4. 
P. S. 155, § 36. 
P. S. 199, § 2. 
E. 1878, 264, § 8. 
P. S. 162. §§ 18-25, 37. 
P. S. 87, §§ 2, 4. 
T. 

P. S. 31, §§ 17-19. 
P. S. 102, § 62. 
P. S. 112, § 208. 
P. S. 1,52, § 17. 
P. S. Ki, § 07. 
P. S. 119, § 217. 
S. 1881, 89. 
P. S. SO, § 15. 
P. S. 44, § 40. 
P. S. 90. 
S. 1880, 218. 
P. S. 80, § 3. 
Special. 
P. S. 119, § 38. 
P. S. 119, §§ 69-72. 
P. S. 119, §§ 199, 202, 203, 

210. 
P. S. 70, §§ 8, 10. 
P. S. 22, I 8. 
P. S. 104, §§ 4^12. 
P. S. 85, § 11. 
P. S. 155, § 21. 
P. S. 119, §§ 131, 132. 
P. S. 2, § 30. 
S. 1879, 129. 
P. S. 154, § 45. 
P. S. 221, § 1. 
P. S. 63, §§ 1-3, 16-18. 
P. S. 65, § 2(i. 
P. S. 174,' § 2. 
P. S. 112, § 1(>4. 
Unconstitutional. See Hig- 

gins ti. Lime, 130 Mass. 1. 
P. S. 154, § 15. 
T. 

P. S. 19, § 14. 
P. S. 208. § 3. 
P. S. 11, § 77. 
Special. 
S. 1S79. 142. 
P. S. 112, §58; 113, §16. 



1878,0. 84, § 


2 . 


" 86 




" 87 




89 




90 




91 




" 92 




93 




" 94 




'* 95 




" 100 




" 103 




" 104 




" 105 




" i0(; 




" 107, § 


1 '. 


" 107, § 


'2 . 


" 116 




" 119 




" 121 




" 122 






" 126, § 


1 '. 


" 126, § 


2 . 


" 127 




" 128 




" 129 




" 130 




" 131 




" 132, §§ 1, 


" 132, § 


3 


" 133 




" 134 




" 135, §§ 1, 


" 135, § 


2 . 


" 13(i, §§ 1 


" 141 




" 142 




" 144 




" 145 




" 146 




" 151. §1 


" 151, § 


2 


" 151, § 


3 


" 1.52 




" 153 




" 154, § 


1 '. 


" 154, § 


2 . 


" 155 




" 157 




" 158 




'• 1.59 




" 160 




" 163 




" 165 




" 166. § 


1 . 


" 166, § 


2 


" 167 




" 168 




" 169, § 


1 


" 169, 1 


2 , 


" 169, § 


3 


" 169, § 


4 


" 169, § 


5 . 


" 170 




" 171 




" 172 




" 173 




" 174 




" 175 




" 179 




" ISO 




" 181 




" 182 




" 183 




" 184 




" 185, § 


1 '. 


" 185, § 


2 . 


" 180 




" 187 




" 188, § 


1 '. 


" 188, § 


2 . 


" 188, § 


3 . 



P. S. 112, § 59. 

P. S. 10(), § 31. 

P. S. 119, §§ 179, 180. 

P. S. 53, § ,S. 

P. S. 103. § 14. 

P. S. 27. <;■ 15. 

P. S. 207, § 22. 

P. S. 72, §§ 5-8. 

P. S. 116, § 20. 

P. S. 152, I 17. 

P. S. 152, § 17. 

P. S. 177, § 6. 

P. S. 35, §§ 10, 11. 

P. S. 213, § 20. 

S. 18H1, 292. 

P. S. 1.50, § 34. 

P. S. 1,50, § 21. 

P. S. 60, ? 43. 

J'. S. 1,5S.'?§ 12,23. 

P. S. 1.56, !) 48. 

P. S. 127, § 3. 

Repealing clause. 

P. S. 87, § 55. 

P. S. 156, § 48. 

P. S. 156, § 48. 

P. S. 24, § 27. 

P. S. 119, §§ 218-223. 

P. S. 11, § 7. 

P. S. 119, §§ 136, 137. 

T 

P. S. 221, § 41. 

P. S. 91, § 22. 

T. 

P. S. 112, § 93. 

P. S. 113, § 46. 

P. S. 119, §§ 90-93. 

P. S. 1.54, § 36. 

Special. 

P. S. I.5.', § 18. 

Repealing .';t:itute. 

P. S. 150, §§ 'Jl, 32, 35. 

P. S. 1.-0, §24; 213, §28. 

P. S. 170. §§ 15, 16. 

P. S. 1.54, § 2. 

P. S. 115, § 2. 

P. S. 129, ^ 5; 130, § 2. 

P. S. 141, § 12; 139, § 22. 

P. S. 155, § 53. 

P. S. 119, § 181. 

P. S. 133. § 5. 

P. S. 44, § 9. 

R. 1879, 305, § 9. 

Special. 

P. S. '.9, § 8. 

P. S. 119,' §194. 

P. S. 203, § 47. 

P. S. 112, § 12. 

P. S. LO:',, § 98. 

S. 1880. 119, § 1. 

P. S. 60, § 64. • 

S. 1880, nil, § 1. 

Repealing clatise. 

P. S. 60. § 66. 

P. S. 168, § 22. 

P. S. 47, § 2; 48, §2. 

P. S. 91, § 39. 

P. S. 159, § 55. 

P. S. 32, § 5. 

P. S. 112. §§ 131-133. 

P. S. 91, §§ 100, 101. 

P. S. 112, § 196. 

P. S. 207. § 35. 

P. S. 11, §§81-83. 

P. S. 80, §§ 96-100. 

P. S. .50, §§ 8-10. 

P. S. 11, § 68. 

P. S. 35, § 54. 

P. S. 203, § 44. 

P. S. 16, §§ 4, 37. ■ 

P. S. 212, § ,53. 

P. S. 154, § ,52. 

Repealing clause. 



XXXll STATUTES PASSED SINCE THE GENERAL STATUTES, ETC. 



8, c. 188, § 4 


. P. S. 212, § 46. 1879 


c. 1 . 


. Repealing statute. 


" 189, § 1 


. P. S. 11, 5 21. 


2 . 


. P. S. 7, § 3. 


" 189, 1 2 
" 189,^3 


. P. S. 11, § 20, cl. 7. 


4 . 


. P. S. 153, § 9. 


. P. S. 11. § 44. 


8 . 


. P. S. 17, § 8. 


" 189, § 4 


. P. S. 12, §22. 


14 . 


. P. S. 119, § 203. 


" 190 . 


. P. S. 83, §§ 1, 4-6. 


16 . 


. P. S. 207, § 47. 


" 104 . 


. Special. 


21 . 


. P. S. 46, § 4. 


" 198 . 


. P. S. 212, §§ 78, 81. 


31 . 


. P. S. 147, § 35. 


" 199 . 


. P. S. 147, §§ 33, 35. 


35 . 


. P. S. 15, §§ 1-5. 


" 200 . 


. P. S. 165, § 8. 


37 . 


. P. S. 6. § 23. 


" 201 . 


. R. 1879, 185, § 2. 


' 39 . 


. P. S. 207, § 49. 


" 202 . 


. Special. 


42 . 


. P. S. 215, §§ 9, 10. 


" 203, § 1 


. P. S. 100, §§ 10, 11. 


' 43 . 


. P. S. 11, § 77. 


" 203, § 2 


. P. S. 100, § 3. 


45 . 


. Special. 


" 203, § 3 


. P. S. 1.55, § 54. 


• 47 . 


. Special. 


" 204 . 


. P. S. 113, § 47. 


' 50 . 


. Special. 


" 205 . 


. P. S. 168, § 27. 


' 51 . 


. P. S. 119, § 47. 


" 20(1 . 


. P. S. 11, § 5. cl. 10. 


' 52 . 


. P. S. 119, ^ 74. 


" 207, §5 1 


-3 . P. S. 100, §§ 17, 18, 43. 


53 . 


. P. S. 161, § 85. 


" 207, § 4 


. P. S. 155, § 54. 


54 . 


. P. S. 17, § 11. 


" 208 . 


. P. S. 192, §§ 32, 33. 


55 . 


. P. S. 50, § 7. 


■' 209 . 


. P. S. 16, § 64. 


' 66 . 


. P. S. 207, § 22. 


" 214 . 


. P. S. 11. § 5, cl. 3. 


57 . 


. P. S. 116. 5 20. 


" 215 . 


. P. S. 112, §§ 85-87, 139. 


' 58 . 


. P. S. 119, § 79. 


" 216, § 1 


. P. S. 6S, §§ 15, 16. 


' 59 . 


. Special. 


" 216, § 2 


. P. S. 6S,§1. 


' 64 . 


. P. S. 220, §§ 21, 22. 


" 217 . 


. P. S. 48, §§ 18, 19. 


' 65 . 


. Special. 


" 218 . 


. P. S. 119, §§ 174-177. 


' 68 . 


. P. S. 6, § 6. 


" 223 . 


. P. S. 61, § 7. 


69 . 


. P. S. 12, § 30. 


" 224 . 


. P. S. 91, §§ .34, 56. 


' 70 . 


. P. S. 203, § 98. 


" 225 . 


. P. S. 161, 5 9. 


71 . 


. P. S. 136, § 13. 


" 228 . 


. P. S. 144, § 6. 


* 72 


. P. S. 11, §§ 43, 52. 


" 229 


. Unconst. See 129 Mass. 561. 


73 . 


. P. S. 12, §§ 49, 53. 


" 230 '. 


. P. S. 139, ^ 6. 


74 . 


. P. S. 11, § 67. 


" 231 . 


. P. S. 153, § 6. 


75 . 


. P. S. 80, § 16. 


" 232 . 


. P. S. 50, §§ 4, 7, 14. 


' 76 . 


. P. S. 170, § 5. 


" 233 . 


. P. S. 6, §§ 18, 25. 


; 78, §§ 1 


11, P. S. 2, §§ 15, 16. 


" 234, ? 1 


. P. S. 43, ^ 5. 




-4 . S. 1880, 253. 


" 2:}4, § 2 


. P.. S. 48, § 17. 


7si ^1 5 


-7 . S. 1880, 212. §§ 1, 2. 


" 235 . 


. P. S. 26, §25. 


' 78, §§ 8- 


-10, P. S. 2, §§ 23, 21, 27. 


" 236 . 


. P. S. 112, § 35. 


' 79 . 


. P. S. 15, ^§ 9, 10. 


" 241 . 


. P. S. 102, §§ 2-11. 


SO . 


. P. S. ](>, ^ 17. 


" 242 . 


. R. 1.S79, 305, § 9. 


81 . 


. P. S. 16, § 2. 


" 249 . 


. P. S. 50, § 25. 


.82 . 


. R. 1881, 275, § 6. 


" 250 . 


. P. S. 13, § 24. 


8.'! . 


. Special. 


" 251 . 


. P. S. 0, §§ 1.3-15, 27, 32. 


86 . 


. P. S. 120, § 14. 


" 253, §§ 1 


-3 . P. S. 116, §§ 8, 42. 


' 87 . 


. P. S. 212, § 55. 


" 253, 5 4 


. P. S. 116, § 10. 


88 . 


. P. S. 87, § 32. 


" 253, §§ 5 


6 . P. S. 116, §§ 7, 9. 


89 . 


. P. S. 212, § 4T. 


" 253, § 7 


. Merged in P. S. 116. 


' 90 . 


. P. S. 113, § 16. 


" 254, § 1 


. P. S. 141, § 6. 


' 94 . 


. P. S. 12, §§ 49, 53. 


" 254, § 2 


. P. S. 144, "§ 15. 


' 95, § 1 


. P. S. 157, § 104. 


" 255 . 


. P. S. 27, §§ 64-68. 


' 95, § 2 


. P. S. 1.57, § 40. 


" 25r, . 


. P. S. 84, § 17. 


96 . 


. P. S. 14, § 11. 


" 257 . 


. P. S. 48, ^5 2-1, 6, 7. 


' 102 . 


. P. S. 102, §§ 33, 34, 12t 


" 258 . 


. P. S. 60, §^ 11-17. 


' 103 . 


. P. S. 84, §§ 3, 4. 


" 259 . 


. P. S. 52, §20. 


' 104 . 


. P. S. 72, §§ 1, 2, 4, 8. 


" 260 . 


. P. S. 183, ^§ 5, 7, 30-32, 50. 


' 105 . 


. P. 8.91. §94. 


" 281 . 


. P. S. 116, § 30. 


' 106 . 


. P. S. 112, § 158. 


" 262 . 


. P. S. 6, §§ 21, 28. 


' 107 . 


. P. S. 1.57, § 17. 


" 263 . 


. T. 


' 108 . 


. P. S. 38, §§ 48-51. 


" 264 . 


. R. 1880, 193, § 7. 


' 109 . 


. P. S. 119, §§ 2-4. 


" 265 . 


. Mostly in P. S., c. 14. 


' 110 . 


. Special. 


" 265, §§5,'^ 


, 104, 


' 113 . 


. P. S. 191, ? 11. 


107, \i 


2 . S. 1881, 277. 


' 114 . 


. P. S. 80, §§ 13, 14. 


" 266 (pxc( 


pt 


' 115 . 


. P. S. 13, !) 20. 


§§11, 


12), P. S. 12, §§ 24, 36, 39-72. 


' 116 . 


. P. S. 145, § 24. 


" 266, ^ 11 


. P. S. 34, I 20. 


' 117, § 1 


. Merged in P. S. 14. 


" 266, § 12 


. Special. ' 


' 117, § 2 


. P. S. 14, 5 12. 


" 269 . 


. P. S. 221, §§ 6, 11. 


' 117, § 3 


. P. S. 14, ■§ 13. 


" 270, § 1 


. S. 1880, 114, § 1. 


' 118 . 


. Repealing statute. 


" 270, § 2 


. P. S. 207, § 29. 


' 119 . 


. Special. 


" 271 . 


. T. 


' 122 . 


. Special. 


" 272, §§ 1 


-3 . P. S. 101, §§ 42, 43; 199, § 6. 


' 123 . 


. P. S. 17, §§ 1, 2. 


" 272, § 4 


. P. S. 199, 5 7. 


' 124 . 


. P. S. 116, § 2. 


" 273 . 


. P. S. 184, ^ 21. 


' 125 . 


. P. S. 120, § 22. 


" 274 . 


. P. S. 203, § 62. 


126 . 


. P. S. 212, §§ 68-71. 


" 275 


. P. S. 11, §86; 13, §§7, 47-49. 


' 127 . 


. P. S. 91, § 24. 


" 276 . 


. P. S. 222, § 7. 


128 . 


. P. S. 28, § 12. 


" 282 . 


. E. 1879, 1. 


129 . 


. P. S. 117, § 20. 


8, Resolve 2E 


. Special. ' 


130 . 


. P. S. 119, 1 201. 
. P. S. 156, §§ 7, 8. 


" Resolve 3( 


. Special. ' 


' 131 . 



STATUTES PASSED SINCE THE GEKERAL STATUTES, ETC. XXXUi 



1879, c. 132 
" 133 



134 
137 
142 
149 
154 
155 
156 
157 
158 
159, § 1 
159, § 2 
160 
161 
167 
168 
169 
171 
172 
176 
177 
178 
179 
180 
181 
182 
183 
184 
185 
186 
187 
188 
191 
193 
195 
197 
199 
201 
202 
203 
204 
205 
206 
207 
208 
209 
209, 
4, 
210 
219 
220 

223, §§ 1 
223, § 4 
224 . 
225, §§ 1 

225, § 3 

226, 5 1 
226, § 2 

228 '. 
229, § 1 
229, § 2 
229, § 3 
229, § 4 

231 . 

232 . 

233 . 

234 . 

235 . 

236 . 

237 . 

238 . 

242 . 

243 . 

244 . 
245, § 1 
245, §2 
245. 5 3 
245,5 4 
245, § 5 



. P. S. 87, § 44. 

. P. S. 147, § 3. 

. Special. 

. Special. 

. P. S. 159, § 46. 

. Special. 

. P. S. 154, § 60. 

. P. S. 112, 5 25. 

. P. S. 112, § 45, cl. 5. 

. P. S. 11, § 62; 27, § 92. 

. P. S. 222, §§ 8, 9. 

. P. S. 207, §"17. 

. P. S. 212. !) 2, cl. 5. 

. E. 1881, 184, § 2. 

. P. S. 14i, §§ is, 14. 

. Special. 

. P. S. 203, § 17. 

. P. S. 12, § 67. 

. P. S. 56, !)§ 25, 29, 35. 

. P. S. 61, § 2. 

. P. S. 144, §§ 17, 18. 

. P. S. 112, § 205. 

. P. S. m, §^ 7-9, 19. 

. P. S. 48, §§ 22-25. 

. P. S. 132, §§ 8-13. 

. P. S. 222, 5 6. 

. P. S. 199, § 13. 

. P. S. 127, ^ :y. 

. P. S. 13!l, § 19. 

. P. S. 127, §§ 15, 16. 

. P. S. 156, §5 33, 34. 

. P. S. 207, § 59. 

. S. 1880, 253. 

. Special. 

. P. S. 159, § 70. 

. P. S. 87, 5§ 11-13, 35. 

. P. S. 14, ^ 13. 

. P. S. 19, §3. 

. P. S. 1.54, § 64. 

. P. S. 106, 55 11, 52, 75, 84. 

. P. S. 7, 5 34. 

. P. S. 1.57, 5 105. 

. P. S. 112, 55 115, 116. 

. P. S. 112, §§ 192-194. 

. P. S. 74, 5 5. 

. P. S. 15, I 7. 

. Mostly in P. S. 92. 

'.' S. 1881,295. 

. P. S. l(M\ § 9. 

. P. S. 154. § 64. 

. P. S. 1.M, § 64. 

. P. S. 87, § 23. 

. S. 1881, 191. 

. P. S. 44, § 21. 

. P. S. 208, 5 8. 
, 4, P. S. 130, 55 22, 23. 

. P. s. ir,i;. 5'6. 

. p. .S. 199, § 2. 

. P. S. 198, 5 11. 

. P. S. 159, 5§ 68, 71. 

. P. S. 212, 5 46. 

. P. S. 207, § 28. 

. S. 1879. 294, 5 4. 

. P. S. 219, 5 23. 

. P. S. 219, § 10. 

. Special. 

. P. S. 1.54, § 64. 

. P. S. 154, 5 04. 

. P. S. 154, §5 2, 64. 

. P. S. 20, 5 4. 

. P. S. 21, § 10. 

. P. S. 175, 551,7. 

. P. S. 17, 5 15. 

. P. S. 83, §5 1, 2. 

. P. S. 136, 5 13. 

. E. 1881, 2.3(i, § 2. 

. P. S. 157, 5 26. 

. P. S. 1.57, 5 -31. 

. P. S. 1.57, ^ 40. 

. P. S. 157, 55 81, 95. 

. P. S. 157, 5 84. 



79, c. 245, § 6 


. . P. S. 157, 5 103. 


" 245, § 7 


. . P. S. 157. §§ 112, 113. 


" 245, § 8 


. . P. S. 157, 5 1.37. 


" 245, 5 9 


. . P. S. 157, § 42. 


" 246 . 


. . P. S. 23, 5 2. 


" 247,551 


-3 . P. S. 154, 5 (J4. 


" 247, 5 4 


. S. 1881, 251. 


" 248 . 


. P. S. 154, 55 2, 64. 


" 252 


. P. S. 30, 55 1, 10-19. 


" 254, § 1 


. P. S. 155, § 4; 199, §§ 1, 3; 




212,5 51. 


" 255 . 


. P. S. 195, 55 1-7. 


" 256 . 


. P. S. 23. 55 :i4, 35. 


" 257 . 


. P. S. 154, 55 58, 63, 64. 


" 262 . 


. P.S.I. 5 5 


" 263 . 


. P. S. 19, 55 1,2. 


" 264 . 


. P. S. 154, 5 66. 


" 205 . 


. P. S. 154, 55 54, 57, 64. 


" 266 . 


. T. 


" 267 . 


. P. S. 154, 5 26. 


" 268 . 


. P. S. 159, 1 19. 


" 209 . 


. P. S. 25, 5 22. 


" 270 . 


. P. S. 80, 55 103-105. 


" 274 . 


. P. S. 13, § 40 ; 112, 55 225-229. 


" 275 . 


. P. S. 10(), 55 15, 49. 


" 278 . 


. P. S. 100, 5 29. 


" 279 . 


. P. S. 152, I 28. 


" 280, § 1 


. Has been acted on. 


•' 280, 5§ 2 


3. P. S. 1.5!i, 55 57, 63; partly 




special. 


" 282 . 


. P. S. WO, 5 17. 


" 283 . 


. P. S. 102, 55 18, 20. 


" 284 . 


. P. S. 112, 55 173-176. 


" 285 . 


. R. 1880, 228, § 3. 


" 286 . 


. R. 1880, 92, 5 3. 


" 287 . 


. P. S. 112, 5 10. 


" 288 . 


. P. S. 13, 55 1, 2. 


" 2S9 . 


. R. 1880, 19.i, 5 7. 


" 291, 5 1 


. P. S. 7!l, 5 5. 


" 291, 5 2 


. P. S. 79, 5 1. 


" 291, 5 3 


. P. S. 79, 55 2, 5; 88,5 4. 


" 291, 5 4 


. P. S. 79, 5§ 2, 7. 


" 291, 5 5 


. P. S. 79, 5 5; 87, 5 1. 


" 291, § 


. P. S. 80, 5 2. 


" 291, § 7 
" 291, 5 8 


. P. S. 79, 5§ 3, 7. 


. P. S. 89, 5 1. 


" 291, 5 9 


. P. S. 86, § 13; 88, § 1. 


" 291, § 10 


. P. S. 80, §§ 16-20; 88, § 2; 




89, § 2. 


" 291, 5 U 


. Merged in various sections. 


;; 292, 1 1 . 


. P. S. I.-.8. 5 21. 




. R. 1881, 215. 5 1. 


" 2;ir;; 1 1 : 


. S. 1880, 101, 5 1. 


" 293, 5 2 . 


. R. 1880, 161, 5 (i. 


" 293, § 3 . 


. P. S. 116, 5 2. 


" 294 (most 


ly), p. S. 219; 221. 


" 294, 5 7 . 


. Partly in P. S. 215, 5 27. 


'• 294, 5 8 . 


. R. 1880, 120, 5 6. 


" 294, 5 12 


part 


of) . . 


. P. S. 222, 5 7. 


" 294, 5 26 . 


. P. S. 22(1. 5 30. 


" 295 . . 


. P. S. 22, 5 14. 


" 297, 55 1, 


3 . P. S. 100, 55 21, 22. 


" 297, 5 2 . 


. R. 1880, 2.-|li. 5 3. 


" 299 . . 


. P. S. 11.55 48, 93. 


" 300, § 1 . 


. P. .S. 1.511,' 55 27, 28. 


" 300, 55 2, 


3. P. S. 199, 55 4, 5. 


" 300, 5 4 . 


. P. S. 159, 1 33. 


" 301 . . 


. P. S. 30. 


" 303 . . 


. P. S. 154, 5 58. 


" 304 . . 


. P. S. 2, § 23; partly S. 1880, 


" 305 . . 


. P.' s".' 103, 551-10. 


" 305, 5 9 . 


. Eepealing clause. 


" 305, 55 10 


11, Have been acted on. 


" 305, § 12 


. P. S. 103, 55 9, 10. 


9, Resolve 5 . 


. P. S. 15, 5 '13. 


" Resolve 6 . 


. T. 


0, c. 4 . . 


. P. S. 77, 5 22. 


13 . . 


. P. S. 197, 5 9. 


15 . . 


. P. S. 215, 55 20, 21. 


16, 5 1 . 


. T. 



XXXIV STATUTES PASSED SINCE THE GENERAL STATUTES, ETC. 



w. § 


2 




Confirmaton'. 


I'.l . 




P. S. 150, 5 IS. 


20, §1 




P. S. 1.54, § 39; 155, § 30. 


20, §§ 2- 


■4'. 


P. S. 155. §^ 31-33. 


21 . 




P. S. 38. § 2(). 


25 






P. S. 119. § 173. 


28 






P. S. 150. §5; 152, §7. 


32- 






P. S. 29,§3. 


33 






P. S. 32. §§ 7-9. 


34 






P. S. 139. §§ 23-27. 


35 






P. S. 119. § 11. 


37 






P. S. 151, § (i. 


3S 






Special. 


3!) 






P. S. 63, § 1. 


40 






P. S. 14, i^ 17. 


48 






P. S. 1.52, § 18. 


51), § 1 




S. 1881, 295. 


5!), § 2 




P. S. 20, ^§4,5. 


GO . 




P. S. 12, § 83; 27, § 80. 


01, §§1. 


•J, 4 


P. S. 91, §§76-78. 


61, §3 




P. S. 91. §104. 


62 . 




P. .S. .-.2, § 10. 


63 . 




P. S. 72, § 1. 


64, §1 




P. S. 147, § 33. 


64, §2 




P. S. 150, § 13. 


65 . 




Special. 


66 






P. S. 139, § 4. 


68 






P. S. 91, §§ 45, 46. 


80 






P. S. 154, § 2. 


81 






P. S. 154, § 2. 


82 






P. S. 28, § 11. 


S3 






P. S. 27, §§ 47-49; 28, § 4. 


84, § 


n 


2, 


P. S. 102, § 124. 


85 






P. S. 103, §§ 1:3-16, 19. 


86 






P. S. 91, §53. 


87 






P. S. 7, § 28. 


88 






P. S. 48, § y. 


89 
92 






Repealing statnte. 
P. S. 7, §§ 14, 15. 


93 






P. S. 42, § 4. 


94 






P. S. 102, §§ 111-113, 123, 124. 


97 






P. S. 207.'§ 15. 


98 






P. S. 197, § 11. 


99 






Special. 


101 






P. S. 220. § 3. 


109 






P. S. 11,§'7. 


110 






P. S. 112. § 206. 


111 






P. S. 27. §§ 9, 10. 


112 






P. S. 45, § 11. 


113 






P. S. 60. §§ 09-71. 


114, ? 1 




P. S. 215, § 14. 


114, § 2 




S. 1880, 247. 


llii . 




P. S. 102, § 49. 


118 . 




P. S. 153, § 8. 


119 . 




P. S. 60. §§ 03, 65. 


120, §§ 1-3 . 


P. S. 215, §§ 25, 27, 28; 217, 




§ 4. 


120, ?H, 5 . 


P. S. 219, §§ 9, 10. 


129, §^ 1-5 . 


P. S. 212, §§ 74-77, 80. 


129, §1 6-10, 


P. S. 220, §§ 66, 69-71. 


129, §§11,12 


P. S. 212, §§ 79, 81. 


132, §§ 1,3, 


P. S. 155, § 5. 


132, § 2 . . 


Merged in P. S. 155. 


v-n . 




Special. 


13G . 




Special. 


137 . 




P. S. 48, § 3. 


139, §§ 1 


, 2, 


P. S. 7. §§ 49, 50. 


139, § 3 




P. S. 1.59, § 15. 


139, § 4 




P. S. 158, § 13. 


140 . 




P. S. 113, § 30. 


141 . 




P. S. 49, § 108. 


142 . 




P. S. 8(i, §§ 46, 47. 


143 . 




P. S. 11, §5,cl. 10. 


149 . 




P. S. 87, § 31. 


150 . 




P. S. 116, § 26. 


151 . 




P. S. 219, §§ 23-25. 


152, § 1 




P. S. 129, § 5; 130, § 2; 139, 


152, § 2 




P.^S.'ks, § 4. 


153 . 




P. S. 82, § 16. 


1.54 . 




P. S. 139, § 20. 


155 






P. S. 96, §§ 10-14. 



. 156 . 

157 . 

158 . 
160, § 1 

160, § 2 
101, §§ 1^ . 
101, § 5 

161, § 6 
161, § 7 
162 . 
103 . 
166 . 
107 . 
168, § 1 
168, §§ i 

175 . 

176 . 

177 . 

178 . 

180 . 

181 . 

183 . 

184 . 

185 . 

186 . 

187 . 

188 . 

189 . 

193 . 

194 . 

196 . 

197 . 

198 . 

199 . 

200 . 
205 . 

208 . 

209 . 

211 . 

212 . 

216 . 

217 . 

218 . 

219 . 

220 . 
221, §§ 



1,2. 
3,4. 



221, 

226 
227 
228 
229 
230 
231 
232 
233 

2:», §§ 1-6 
239, ■§ 7 
240 . 
246, § 1 
246, § 2 
246, § 3 
246, § 4 
246, § 5 
24{j, § 6 
246, § 7 
246, § 8 

246, § 9 

247. § 1 
247, § 2 
249 . 
2,50, §§ 1- 
250, §4 
250, § 5 
250, § 6 
251 . 
253 . 
256 . 
257, §§ 1- 
2.57, § 4 
257, § 8 
257, §§ 9, 10, 



P. S. 210, §§ 11, 12. 

P. S. 105, § 45. 

P. S. (iO, §§ 21, 22, 26. 

P. S. 16, § 26. 

P. S. 2, § 14. 

P. S. 23, §§ 36-39. 

P. S. 116, § 2. 

Repealing clause. 

Dropped as superfluous. 

P. S. 110. § 14. 

P. S. 141, § 27. 

P. S. 139, § 33. 

P. S. 25, §§ .3-5. 

P. S. 22, § 12. 

Special. 

R. 1881. 166, § 3. 

P. S. 44, § 32. 

P. S. 116, § 20. 

P. S. 103, § 9. 

P. S. 21, § 9. 

P. S. 103, § 10. 

P. S. 155, § 49. 

P. S. 1, § 7. 

P. S. 80, §§ 101, 102. 

P. S. 156, §§ 14-16. 

P. S. 51, §§ 11-15. 

P. S. 102, § 116. 

T. 

R. 1881, 293, § 6. 

P. S. 74, §§ 4, 5. 

P. S. 115, §§ !W2. 

P. S. 104, §§ 10-18. 

P. S. 23, §§ 8-14. 

S. 1881, 292. 

P. S. 91, §§ 68, 69. 

P. S. 112. §§ 221, 222. 

p! s! w'WiCi.'w.ir. 

p. S. :,T. <•:: :■ 11. 



P. S. IL'I, 



17. 



P. B. -2. 55 17-20. 

P. S. 191, § 17. 

P. S. 157, §§ 11(M18. 

P. S. 222, §§ 20-23. 

P. S. 125, § 1. 

P. S. 142, § 3. 

R. 1881, 276. 

P. S. 220, §§ (i8, 70. 

Special. 

P. S. 154, § 64. 

P. S. 13, §§ 25-28. 

P. S. 116. §§ 39, 41. 

P. S. 65, § 4. 

P. S. 61, §§ 1^, 9, 11, 13, 14. 

P. S. 48, §§ 26, 27. 

P. S. 119, §§ 159-165. 

P. S. 137, § 33. 

P. S. 100, §§ 9, 12, 18, 23, 27. 

P. S. 155, § 54. 

S. 1881, 147. 

P. S. 157, § 31. 

P. S. 157, § 113. 

P. S. 157, § 137. 

P. S. 157, § 90. 

P. S. 157, § 112. 

P. S. 157, § 115. 

P. S. 157, § 46. 

P. S. 171, §§ 23, 24. 

P. S. 157, § 35. 

P. S. 207, § 28. 

P. S. 220, §68. 

P. S. 100, § 19. 

P. S. 87, §§ 16, 22-24. 

P. S. 79, §"13. 

P. S. 222, §§ 10, 11. 

P. S. 87, §§ 12, 50; 222, § 12. 

P. S. 101, § 12. 

P. S. 2, §§ 21, 22; 5, § 10. 

P. S. IOC), § 21. 

P. S. 207, §§ 38^1. 

Partly in P. S. 155, § 54. 

P. S. 88, § 8. 

Have been acted on. 



STATUTES PASSED SINCE THE GENERAL STATUTES, ETC. XSXV 



ISSO, c. 257, § 10 


. T. 




1881, c. 140 .. . 


P. S. 1.56, 5 31. 


" 258 . 


. P. S. 112, § 191 




" 141 .. . 


Redundant. See P. S. 222, 


1880, Resolve 21 


. Special. 






§ 20. 


" Resolve 30 


. P. S. 42, § 5. 




" 142 .. . 


P. S. 119, 5 51. 


" Resolve 33 


. P. S. 219. § 26. 




" 143 . . . 


P. S. 112, 5 162. 


" Resolve « 


. T., and has been acted on. 


" 144 .. . 


P. S. 48, 5 14. 


1881, c. 7 . 


. P. S. 49, 5 109. 




" 147 .. . 


P. S. 15, § 6. 


8 . 


. P. S. 69, 55 23-C 


4. 


" 148 .. . 


P. S. 154, § 64; partly spe- 


" 9 . 


. P. S. 205, 5 26. 






cial. 


10 . 


. P. S. 154. 5 51. 




" 155 .. . 


P. S. 13, §5 63-66. 


" 11, § 1 


. P. S. 145, 5 24. 




" 156 .. . 


P. S. 112, 5 118. 


" 11, 5 2 


. P. S. 145, 5 27. 




" 157 .. . 


P. S. 17, § 14. 


" 23 . 


. P. S. 15, 5 10. 




" 158 .. . 


P. S. 23, § 15. 


" 25 . 


. P. S. 11, 5 85. 




" 159 .. . 


P. S. 137, § 1. 


" 20, 5 1 


. P. S. 30, 5 10. 




" 160 .. . 


P. S. 25, § 20. 


" 26, § 2 


. P. S. .30, 5 17. 




" Kil . . . 


P. S. 112, 5 44. 


" 28 . 


. P. S. 91.5 73. 




" 163 . . . 


P. S. 11, 55 fffi, 97. 


" 33 . 


. P. S. 147 .'5 ;'4. 




" 164 .. . 


P. S. 218, 5 14. 


34 . 


. P. S. 220. 5 69. 




" 165,551,3. 


P. S. 222, ^ 14. 


39 . 


. P. S. 172, 55 27, 


37. 


" 165, § 2 . . 


P. S. 213. 5 30. 


40 . 


. P. S. 222, 5 20. 




" 166 .. . 


P. S. 119, 55 138-140. 


" 41 . 


. Redundant. See P. S. 221, 


" 175 .. . 


P. S.13,§2. 




§2. 




" 178 .. . 


P. S. 221,55 6,11. 


" 42 . 


. P. S. 21. 5 10. 




" 179 . . . 


P. S. 219, 55 26, 27. 


" 43 . 


. P. S. 221, 5 44. 




" 180 .. . 


P. S. 17S, 5'63. 


" 47, § 1 


. P. S. 91, 5 .32. 




" 181 .. . 


P. S. 7, 5 14. 


" 47, § 2 


. P. S. 91, 5 40. 




" 182 .. . 


P. S. 61, 5 6. 


51 . 


. P. S. 119, 5 201. 




" 183 .. . 


P. S. 79, § 13. 


52 . 


. P. S. 217, 55 14, 


15. 


" 184 .. . 


P. S. 90, § 18. 


54 . 


. P. S. 100, 5 5. 




" 1S5 . . . 


P. S. 80, 5 12. 


" 55 . 


. P. S.21,5'7. 




" 186 .. . 


P. S. 87, 5 24. 


" 57 . 


. P. S. 21,5 1. 




" 187 . . . 


P. S. 23. 5 36. 


" 58 . 


. P. S. 25, 5 ■-.. 




" 188 .. . 


P. s. 8:;, 5 3. 


62 . 


. P. S. 154, 5§ 58, 


64. 


" 189 .. . 


P. S. l.-,4, § 18; 215, 5 14. 


" 63 . 


. P. S. 119, 5 161. 




" 191, 5 1.. 


P. S. fi. 5 3. 


" 64, §5 1 


3. P. S. 147.5 11. 




" 191.5 2 . . 


P. S. 6, 5 9. 


" 64, § 2 


. P. S. 147. 5 12. 




" 191,5:! . . 


P. S. (;, 5 19. 


" 65 . 


. P. S. 7, § 40. 




" 193. § 1 . . 


P. S. 44.' 5 .33. 


" 66 . 


. P. S. 219. 55 .34- 


38. 


'■ 193, § 2 . . 


ConHrmatory. 


" 68 . 


. P. S. 112, 5 KiO. 




" 194 .. . 


P. S. 112,5179. 


" 69 . 


. P. S. 27, 5 34. 




" 195 . . . 


P. S. 104, 5 22. 


70 . 


. P. S. llli, 5 44. 




" i9(;, 5 1.. 


P. S. 27, 5 2. 


" 71 . 


. P. S. 2.5 34; 77 


§8; 160, §4. 


" 196. §5 2, 3 . 


T. 


88 . 


. P. S. 27, 5 11. 




" 199.55 1,2, 




SO . 


. P. S. 40. 5 (). 




5, 6 . . 


P. S. 52, §17; 112, §5 212, 213. 


90 . 


. P. S. 221, 55 51-53. 


" 199, 5 3.. 


P. S. 73, 5 6. 


** 91, 5 1 


. P. S. 112,5 2. 




" 199, §4 • ■ 


P. S. 52, § 17. 


" 91, § 2 


. T. 




" 203 . . . 


P. S. 1.56, 5 48. 


" 100 . 


. P. S. 161, § 122. 




" 207 .. . 


P. S. 172, 5 46. 


" 101 . 


. P. S. 23, 5 37. 




" 208 . . . 


P. S. 7, 55 1, 2. 


" 102 . 


. P. S. 112. § 53. 




" 210, 55 1-3, 




" 103 . 


. P. S. 91, 5 68. 




(i . . . 


P. S. 6, 55 11, 12. 


" 104, § 1 


. P. S. 91, 5 33. 




" 210, 5 4. . 


P. S. 6, §5 6, 29. 


" 104, § 2 


. P. S. 91,5 36. 




" 210, 5 5 . . 


S. 1881, 262. 


" 105 . 


. P. S. 1.54. 5 2. 




" 210, §§ 7-9 . 


P. S. (i, 55 .■;o-32. 


" 110 . 


. P. S. 49, 5 110. 




" 214 .. . 


P. S. 116, 5 20. 


" 111,51 


. P. S. 112, 5 94. 




" 215.551,2,5 


, P. S. 158, 55 10, 24. 


" 111,^2 


. P. S. 112. 5 86. 




" 215, 5 3 . . 


P. S. 1.56, 5 28. 


" 111,5 3 


. P. S. 112, 5 89. 




" 216 . . . 


P. S. 183, § 88. . 


" 111,5 4 


. P. S. 112, 5 136. 




" 217 .. . 


P. S. 23, 5 36. 


" 112, 5 1 


. P. S. 134, 5 2. 




" 219 . . . 


P. S. 13, 5 25. 


" 112, § 2 


. P. S. 124. 5 18. 




" 220 . . . 


P. S. 220, 5 2. 


" 113 . 


. P. S. 167, 5 87. 




" 222 


P. S. 192, § 13. 


" 114 . 


. P. S. 215, 5 26. 




" 223 '. '. '. 


P. S. 154, § 2. 


" 118 . 


. P. S. 212. 55 78, 


80. 


" 224 


P. S. 15, 5 10. 


" 119 . 


. P. S. 98, 5 15. 




'* 225 . . . 


P. S. 100, 5 12. 


" 120 . 


. P. S. 112, 5 IIT. 




" 226 


P. S. 100, § 45. 


" 121 . 


. P. S. 113, § 32. 




" 233 '. '. '. 


P. S. 157, 5§ 16, 112, 116, 120. 


" 122 . 


. P. S. 49, §105. 




" 234, 5 1 . . 


P. S. 146, 5 44. 


" 123 . 


. P. S. 183, 5 24. 




" 234, 55 2, 3 . 


P. S. 146, 5§ 18, 19. 


" 124 . 


. P. S..161, 5 39. 




" 2.34, 5 4. . 


P. S. 146, 5 22. 


" 125 . 


. P. S. 220, 5 45. 




" 235, 5 1.. 


P. S. 157. 5 70. 


" 126 . 


. P. S. 220, 5 64. 




" 235, 5 2.. 


P. S. 157, 5 93. 


" 127 . 


. P. S. 212, 55 16-19; 199, 55 6, 


" 235. 5 3. . 


P. S. 1.^7, 5 113. 




10. 




" 2.36 .. . 


P. S. 52, 5"21. 


" 128 . 


. P. S. 154, §5 2, 64; partly spe- 


" 237 .. . 


P. S. 1.39, 5 25. 




cial. 




" 245-251 . . 


P. S. 154, 5 64. 


" 136 . 


. P. S. 28, 5 27. 




" 252 . . . 


P. S. 159, § 31. 


" 137 . 


. P. S. 104, 55 21, 


22; 103, § 10. 


" 253 . . . 


P. S. 158, § 23. 


" 138, 5 1 


. P. S. 12, § 81. 




;; 2,54 . . . 


P. S. 16, 55 2, 17. 


" 138, § 2 


. P. S. 12, § 3. 






P. S. 100, 55 6, 7. 


" 139 . 


. P. S. 215, § 22. 




" 256 '. '. '. 


P. S. 154, §§ 26, 57. 



XXXVl STATUTES PASSED SINCE THE GENEEAL STATUTES, ETC. 



c. 257, § 1 




. P. S. ir,7, § 80. 


1881, c. 283 




P. S. 96, § 15. 


257, § 2 




. P. S. 157, § 84. 


" 284, §§ 1-3 . 


P. S. 11, §§ 8, 9. 


258 . 




. P. S. 16, § (!0. 


" 284, § 4 . . 


P. S. 11, § 90; 13, § 6. 


259 . 




. P. S. 154, § 64. 


" 284, §§ 5, 6 . 


P. S. 11, § 10. 


261 . 




. P. S. 154, §§ 54, 64. 


" 285 .. . 


P. S. 114, §§ 3, 17. 


262 . 




. P. S. 6. § 22. 


" 286 




P. S. 17, § 15. 


263, §§ 1- 


3, 


5, P. S. 162, §§ 17, 18, 20, 21. 


" 287 




P. S. 19, s^^ 1, 2. 


263, § i 




. P. S. 163, § 7. 


" 290 




P. S. 154, § 64. 


264 . 




. P. S. 20, §4. 


" 292 




P. S. 5li, §§ 17-21. 


26fj . 




. P. S. 159, §§ 8, 31. 


" 293 




•P. S. 4, §§ 2, 3, 7-10. 


26i) . 




. P. S. ll'J, § 94. 


" 295 




P. S. 26, §§ 3, 9. 


270 . 




. P. S. 91, §§ 81-85. 


" 296 




P. S. 1.56, § 14. 


271, O, cl 


1, P. S. 117, § 13. 


" 297 




P. S. 92, §§ 2, 3, 5, 7, 8. 


271, I 1, cl 


2, P. S. 117, § 18. 


" 300 




P. S. 170, §§ ;i0, 31. 


271,, 5 1, cl 


3, P. S. 117, §§ 7-9, 12. 


" 302 




P. S. 105. § 24. 


271, § 1, cl 


4, P. S. 117, § 10. 


" 304, §§1,2. 


P. S. 11, §§ 14^16. 


272 . . 


. P. S. 87, §? 26-30. 


" 304, § 3 . . 


P. S. 11, § 13. 


273 . 




. P. S. 7, § 64. 


" 304, § 4 . . 


P. S. 12, §§ 24, 44, 48, 49. 


274 . 




. P. S. 160, § 16. 


" 304, § 5 . . 


P. S. 12, § 55. 


275 . 




. P. S. 5, §§ 6-10. 


" 304, § 6 . . 


P. S. 11, §4. 


27() . 




. P. S. 207, §§ 26, 27. 


" 304, § 7 . . 


P. S. 11, § 79. 


277, § 1 




. Redundant. 


" 304, §§8,9. 


P. S. 13, §§ 20, 51. 


277, S 2 




. P. S. 14, § 57. 


" 305, § 1 . . 


P. S. 13, ^ 20. 


277, § 3 




. P. S. 14, § 108. 


" 305, § 2 . . 


P. S. 13, § 17. 


277, § 4 
277, § 5 




. P. S. 14, § 111. 


1881, Kesolve 19 . 


P. S. 14, § 91. 




. P. S. 14, § 146. 









ANALYSIS 



SEVERAL TITLES AND CHAPTERS 



CONTAINED IN 

THE PUBLIC STATUTES. 



PART I. 

OF THE INTERNAL ADMINISTRATION OP THE GOVERNMENT. 



TITLE L 

OF THE JURISDICTION OF THE COMMONWEALTH, THE GENERAL COURT, 
STATUTES, PRINTING AND DISTRIBUTION OF THE LAWS AND PUBLIC 
DOCUMENTS, THE STATE HOUSE, ETC. 

Chapteb 1. — Of the Jurisdiction of the Commonwealth and Places ceded to the United 

States. 
Chapter 2. — Of the General Court. 
Chapter 3. — Of the Statutes. 

Chapter 4. — Of the Printing and Distribution of the Laws and Public Documents. 
Chapter 5. — Of the State House, the Sergeant-at-Arms, and the State Library. 

TITLE IL 

OF ELECTIONS. 

Chapter 6. — Of the Qualifications and Eegistratioii of Voters. 

CnAPTEB 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 Otficers. 

TITLE IIL 



OP THE ASSESSMENT AND COLLECTION OF TAXES. 

Chapter 11. — Of the Assessment of Taxes. 
Chapter 12. — Of the Collection of Taxes. 
Chapter 13. — Of the Taxation of Corporations. 



XXXVlii ANAI.YSIS— PAET L 

TITLE IV. 

OF THE MILITIA. 
Chapteb 14. — Of the Militia. 

TITLE V. 

OF CERTAIN STATE OFFICERS. 

Chapter 15. — Of the Executive Department and the Secretary of the Commonwealth. 

Chapter 16. — Of the Auditor, Treasurer, and Matters of Finance. 

Chapter 17. — Of the Attorney-General .and District- Attorneys. 

Chapter IS. — Of Notaries Public and Commissioners to administer Oaths of Office and to 

take Acknowledgments of Deeds, etc. 
Chapter 19. — Of the Board of Harbor and Land Commissioners. 
Chapter 20. — Of the State Board of Agriculture. 
Chapter 21. — General Provisions relating to State Officers. 



TITLE VL 

OF COUNTIES AJS^D COUNTY OFFICERS. 

Chapter 22. — Of Counties and County Commissioners. 
Chapter 23. — Of County Treasurers and County Finances. 
Chapter 24. — Of Registers of Deeds. 
Chapter 25. — Of Sheriffs. 
Chapter 26. — Of Medical Examiners. 



TITLE VIL 

OF TOWNS AND CITIES. 

Chapter 27. — Of Towns and Town Oflicers. 

Chapter 28. —Of Cities. 

CnAPTEP. 29. — Of Municipal Indebtedness. 

Chapter 30. — Of Aid to Soldiers and Sailors and to their Families. 

Chapter 31. — Of the Census, the Bureau of Statistics of Labor, and the Board of Super- 

visors of Statistics. 
Chapter 32. — Of the Registry and Return of Births, Marriages, and De.aths. 
Chapter 33. — Of Workhouses and Almshouses. 
Chapter .34 —Of Watch and Ward. 

Chapter 35. — Of Fires, Fire Departments, and Fire Districts. 
Chapter 36. — Of Fences and Fence Viewers, Pounds, and Field Drivers. 



TITLE VII L 

OP THE PUBLIC RECORDS. 
Chapter 37. — Of the Public Records. 



AKALTSIS — PART I. 



TITLE IX. 

OP CBETAIN KELIGIOUS, CHARITABLE, AND EDUCATIONAL MATTERS. 

Chaptbb 38. — Of Parishes and Religious Societies. 

Chapter 39. — Of Donations and Conveyances for Pious and Charitable Uses. 

CnAPTEB 40. — Of Library Associations. 



TITLE X. 

OF PUBLIC ESrSTEUOTfON AND REGULATIONS RESPECTING CHILDREN. 

Chapteb 41. — Of the Board of Education. 

Chapter 42. — Of Teachers' Institutes and Associations. 

Chapter 43. —Of the School Funds. 

Chapter 44. — Of the Public Schools. 

Chapter 45. — Of School Districts. 

Chapter 46. — Of School Registers and Returns. 

Chapter 47. — Of the Attendance of Children in the Schools. 

Chapter 48. — Of the Employment of Children and Regulations respecting them. 

TITLE XL 

OF WAYS, BRIDGES, PUBLIC PLACES, FERRIES, SEWERS, DRAINS, AND 
SIDEWALKS, AND OF LAND DAMAGES AND BETTERMENTS. 

Chapter 49. — Of the Laying out and Discontinuance of Ways, and of Dam.ages occasioned 

by the Taking of Laud for Public Uses. 
Chapter 50. — Of Sewers, Drains, and Sidewalks. 
Chapter 51. — Of Betterments, and other Assessments on Account of the Cost of I'ublic 

Improvements. 
Chapter 52. — Of the Repairs of Ways and Bridges. 

Chapter 53. — Of Regulations and By-Laws respecting Ways .and Bridges. 
Chapter 54. — Of the Boundaries of Highways and other Public Places, and Encroachments 

thereon. 
Chapter 55. — Of Ferries. 

TITLE XIL 

OP THE REGULATION OF TRADE IN CERTAIN CASES. 

Cu.U"TER 56. — Of the Inspection .and Sale of Butter, Cheese, Lard, Fish, Hops, Leather, and 

Pot and Pearl Ashes. 
Chapter 57. — Of the Inspection and Sale of Milk. 
Chapter 58. — Of the Inspection and Sale of Provisions and Animals intended for 

Slaughter. 
Chapter 59. — Of the Inspection and Sale of Certain Oils. 
Chapter 60. — Of the Inspection and Sale of Various Articles. 
Chapter 61. — Of the Inspection of Gas and Gas- Meters. 
Chapter 62. — Of the Measuring of Upper Leather. 

Chapter 63. — Of the Survey and Sale of Lumber, Ornament.al Wood, and Ship Timoer. 
Chapter 64. — Of the Surveying of Land. 
Chapter 65. —Of Weights and Measures. 

Chapter 66. — Of the Metric System of Weights and Measures. 
Chapter 67. — Of Auctioneers. 
Chapter 68. — Of Hawkers and Pedlers. 



xl 



ANALYSIS — PART I. 



Chapter fit). — Of Shipping and Seamen, Harbors and Harbor Masters. 

C'HAPTEi: 70. — Of Pilots and Pilotage. 

Chapter 71. — Of Agents, Consignees, and Factors. 

Chapter 72. — Of Public Wareliouses. 

Chapter 7o. — Of Common Carriers and Express Companies. 

Chapter 74. — Of the Employment of Labor. 

Chapter 75. — Of Limited Partnerships. 

Chapter 7G. — Of the Use of Trade-Marks and Names. 

Chapter 77. — Of Money, Bonds, Bills of Exchange, Promissory Notes, and Checks. 



TITLE XIII. 

OF THE PREVENTION OP FRAUDS AND PERJURIES. 
Chapter 78. — Of the Prevention of Frauds and Perjuries. 

TITLE XIV. 

OP THE INTERNAL POLICE OP THE COMMONWEALTH. 

Chapter 79. — Of the State Board of Health, Lunacy, and Charity. 
Chapter 80. — Of the Preservation of the Public Health. 
Chapter 81. — Of the Promotion of Anatomical Science. 
Chapter 82. — Of Cemeteries and Burials. 
Chapter 83. — Of the Settlement of Paupers. 
Chapter 84. — Of the Support of Paupers by Cities and Towns. 
Chapter 85. — Of the Maintenance of Bastard Children. 
Chapter 86. — Of Alien Passengers and State Paupers. 
Chapter 87. — Of Lunacy and Institutions for Lunatics. 
Chapter 88. — Of the State Workhouse. 

Chapter 89. —Of the State Primary and Reform Schools, and the Visitation and Reforma- 
tion of Juvenile Offenders. 
Chapter 90. — Of Contagious Diseases among Cattle, Horses, and other Domestic Animals. 
Ch.vpter 91. — Of Inland Fisheries, and Kelp. 

Chapter 92. — Of the Preservation of Certain Birds and other Animals. 
Chapter 93. — Of the Law of the Road. 
Chapter 94. — Of Timber Afloat or Cast on Shore. 
Chapter 95. — Of Lost Goods and Stray Beasts. ' 
Chapter 96. — Of Unclaimed or Abandoned Property or Animals. 
Chapter 97. — Of Wrecks and Shipwrecked Goods. 
Chapter 98. — Of the Observance of the Lord's Day. 
Cn.\PTER 99. — Of Gaming. 
Chapter 100. — Of Intoxicating Liquors. 
Chapter 101. — Of the Suppression of Common Nuisances. 
Chapter 102. — Of Licenses and Municipal Regulations of Police. 
Chapter 103. — Of District and other Police Officers. 
Chapter 104. — Of the Inspection of Buildings. 



TITLE XV. 

OF CORPORATIONS. 

Chapter 105. — Of Certain Powers, Duties, and Liabilities of Corporations. 
Chapter 106. — Of Manufacturing and Other Corporations. 
Chapter 107. — Of Swine-Slaughtering Associations. 



ANALYSIS — PABT U. xli 

ChAptkb 108. — Of Canal and Bridge Corporations. 

Chapter 109. — Of Companies for the Transmission of Intelligence by Electricity. 

Chapter 110. — Of Aqueduct Corporations. 

Chapter 111. — Of Proprietors of Wharves, General Fields, and Real Estate Lying io 

Common. 
Chapter 112. — Of Railroad Corporations and Railroads. 
Chapter 113. — Of Street Railway Companies. 
Chapter 114. — Of Agricultural and Horticultural Societies. 

Chapter 115. — Of Associations for Charitable, Educational, and Other Purposes. 
Chapter 116. — Of Savings Banks and Institutions for Savings. 
Chapter 117. — Of Co-operative Saving Fund and Loan Associations. 
Chapter 118. — Of Banks and Banking. 
Chapter 119. — Of Insurance Companies and Insurance. 



PART II. 

OF REAL AND PERSONAL PROPERTY AND THE DOMESTIC RELATIONS. 



TITLE I. 

OF THE TITLE TO REAL ESTATE. 

Chapter 120. — Of the Alienation of Real Estata 

Chapter 121. — Of Estates for Years and at Will. 

Chapter 122. — Of Easements. 

Chapter 123. — Of Homesteads. 

Chapter 124. — Of the Rights of a Husband in the Real Estate of his Deceased Wife, and 

the Rights of a Wife in that of her Deceased Husband. 
Chapter 125. — Of the Descent of Real Estate. 
Chapter 126. — General Provisions concerning Real Estate. 

TITLE IL 

OF WILLS AND OP ADVANCEMENTS. 



Chapter 127. —Of Wills. 
Chapter 128. — Of Advancements. 

TITLE IIL 

OF THE SETTLEMENT OF THE ESTATES OF DECEASED PERSONS, OF 
GUARDIANSHIPS, AND OF TRUSTS. 

Chapter 129. — Of the Probate of Wills and the Appointment of Executors. 
Chapter 130. — Of the Appointment of Administrators. 
Chapter 131. — Of Public Administrators. 

Chapter 132. — General Provisions relative to Executors and Administrators. 
Chapter 133. — Of the Collection of the Effects of a Deceased Person. 
Chapter 134. — Of Sales and Mortgages of Real Estate by Executors and Administrators. 
Chapter 135. — Of Allowances to Widows and Children and of the Distribution of the 
Estates of Intestates. 



Xlii ANALYSIS — PART III. 

Chapter 136. — Of the Payment of Debts, Legacies, and Distributive Shares. 

Chapter 137. — Of Insolvent Estates of Deceased Persons. 

Chapter 1.38. — Of tbe Settlement of the Estates of Deceased Non-Residents. 

Chapter 139. — Of Guardianships. 

Chapter 140. — Of Sales and Mortgages of Real Estate by Guardians. 

Chapter 141. — Of Trusts. 

Chapter 142. — General Provisions relative to Sales, Mortgages, Releases, Compromises, 
etc., by Executors, Administrators, Guardians, and Trustees. 

Chapter 143. — General Provisions relative to Bonds of Executors, Administrators, Guardi- 
ans, and Trustees. 

Chaptee 144. — Of the Accounts and Settlements of Executors, Administrators, Guardians, 
and Trustees. 

TITLE IV. 

OF THE DOMESTIC RELATIONS. 

Chapteb 145. — Of Marriage. 

Chapter 146. — Of Divorce. 

Chapter 147. — Of Certain Rights and Liabilities of Husband and Wife. 

Chapter 14S. — Of the Adoption of Children and Change of Names. 

Chapter 149. — Of Masters, Apprentices, and Servants. 



PART III. 

OF COURTS AND JUDICIAL OFFICERS AND PROCEEDINGS IN CIVIL CASES. 



TITLE L 

OP COURTS AND JUDICIAL OFFICERS. 

Chapter 150. — Of the Supreme Judicial Court. 

Chapter 151. — Of the Supreme Judicial Court — Equity Jurisdiction. 

Chapter 152. — Of the Superior Court. 

Chapter 153. ^Of Matters Common to the Supreme Judicial Court and Superior Court. 

CnAPTEij l.)4. — Of Police, District, and Municipal Courts. 

Chapter 155. — Of Justices of the Peace and Trial Justices. 

Chapter 156. — Of Probate Courts. 

Chapter 157. — Of Courts of Insolvency. 

Chapter 158. — Of Judges and Registers of Probate and Insolvency. 

Chapter lr,9. — Of Clerks, Attorneys, and other Officers of Judicial Courts. 

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

TITLE IL 

OF ACTIONS AND PROCEEDINGS THEREIN. 

Chapter 161. — Of the Commencement of Actions and the Service of Process. 

Chapter 162. — Of Arrest, Imprisonment, and Discharge. 

Chapter 10:). • — Of Bail. 

Cuai'ter 164. — Of Proceedings against Absent Defendants, and upon Insufficient Service. 

CiiAPTEr. IC"). — Of Actions which Survive, and of the Death and Disabilities of Parties. 



ANALYSIS — PAKT HI. xliii 

C'HAPl'Eit 1(36. — Of Actions by and against Executors and Administrators. 

Chaptek 167. — Of Pleadings and Practice. 

Chapter 168. — Of Set-ofi and Tender. 

Chapter 169. — Of Witnesses and Evidence. 

Chapter 170. — Of Juries. 

Chapter 171. — Of Judgment and Execution. 

Chapter 172. — Of the Levy of Executions on Real Estate. 



TITLE III. 

OF REMEDIES RELATING TO REAL PROPERTY. 

Chapter 173. —Of tlie Writ of Entry. 
Chapter 174. — Of the Writ of Dower. 

Chapter 175. — Of the Summary Process for the Recovery of Land. 
Chapter 176. —Of Petitions for the Settlement of Title. 
Chapter 177. — Of the Determination of Boundaries of Flats. 
Chaj'TEK 178. — Of the Partition of Lands. 
Chapter 179. — Of Waste and Trespass on Real Estate. 
Chapter 180. — Of Actions for Private Nuisances. 
Chapter 181. — Of the Foreclosure and Redemption of Mortgages. 

Chapter 182. — Of Informations for Intrusion and for the Recovery of Lands by the Com- 
monwealth. 

TITLE IV. 

OP CERTAIN WRITS AND PROCEEDINGS IN SPECIAL CASES 

Chapter 183. — Of the Trustee Process. 

Chapter 184. — Of the Replevin of Property. 

Chapter 185. — Of Ilaljeas Corpus and Personal Replevin. 

Chapter 186. — Of Audita Querela, Certiorari, Mandamus, and Quo Warranto. 

Chapter 187. — Of Writs of Error and Writs of and Petitions for Review. 

Chapter ISS. — Of Reference to Arbitration. 

Chapter 189. — Of Improving Meadows and Swamps. 

Chaptek 190. — Of Mills, Dams, and Reservoirs. 

Chapter 191. — Of Liens on Buildings and Land. 

Chapter 192. — Of Mortgages, Conditional Sales, Pledges, and Liens upon Perso;:al Property. 

Chapter 193. — • Of Recognizances for Debts. 

Chapter 194. — Of Seizing and Libelling Forfeited Goods. 

Chapter 195. — Of the Collection of Claims against the Commonwealth. 



TITLE V. 

OF THE LUnTATION OP ACTIONS. 

Chapter 196. — Of the Limitation of Real Actions and Rights of Entry. 
Chapter 197. — Of the Limitation of Personal Actions. 

TITLE VL 

OF COSTS, AND OF THE FEES OF CERTAIN OFFICERS. 

Chapter 198. — Of Costs in Civil Actions. 
Cha pter 199. — Of the Fees of Certain Officers. 



Xliv ANALYSIS — PARTS IV., "7. 



PART IV. 

OF CRIMES, PUNISHMENTS, PROCEEDINGS IN CRIMINAL CASES, AND 
PRISONS. 



TITLE I. 

OF CRIMES AND PUNISHMENTS. 

Chapter 200. — Of the Rights of Persons accused. 

Chapter 201. — Of Offences .igainst the Sovereignty of the Commonwealth. 

Chapter 202. — Of Offences against the Person. 

Chapter 203. — Of Offences against Property. 

Chapter 204. — Of Forgery and Offences against the Currency. 

Chapter 205. — Of Offences against Public Justice. 

Chapter 200. — Of Offences against the Public Peace. 

Chapter 207. — Of Offences .ag.ainst Chastity, Morality, Decency, and Good Order. 

Chapter 208. — Of Offences against the Public Health. 

Chapter 209. — Of Offences against Public Policy. 

Chapter 210. — Of Felonies, Accessories, Abettors, and Attempts to commit Crimes 



TITLE IL 

OF PROCEEDINGS IN CRIMINAL CASES. 

Chapter 211. — Of Proceedings to prevent the Commission of Crimes. 

Chapter 212. — Of Search Warrants, Rewards, Arrest, Examination, Commitment, Bail, 

and Probation. 
Chapter 21.3. — Of Indictments, Prosecutions, and Proceedings before Trial. 
Chapter 214. — Of Trials and Proceedings before Judgment. 
Chapter 215. — Of Judgment and Execution. 
Chapter 210. — Of Fire Inquests. 
Chapter 217. — Of Fines, Forfeitures, and Costs. 
Chapter 218. — Of Fugitives from Justice, and Pardons. 



TITLE II L 

OF PRISONS AND IMPRISONMENT. 

Chapter 219. — Of the Commissioners of Prisons. 

Chapter 220. — Of Jails and Houses of Correction. 

Chapter 221. — Of the State Prison and the Reformatory Prison for Women. 

Chapter 222. — Special Provisions concerning Penal and other Public Institutions. 



PART V. 

OF THE PUBLIC STATUTES AND THE EXPRESS REPEAL OF CERTAIN LAWS 

CiiAPTEB 223. — Of the Public Statutes and their Effect. 
Chapter 224. — Of the Express Repeal of Certain Laws. 



CONSTITUTION 



UNITED STATES OF AMERICA. 



PREAMBLE. 
Objects of the Constitution. 

ARTICLE I. 
Section 

1. Legislative powers, in whom vested. 

2. House of representatives, how and by 
whom chosen. — Qualifications of a repre- 
sentative. — Representatives and direct 
taxes, how apportioned. — Census. — Va- 
cancies to be filled. — Power of choosing 
officers, and of impeachment. 

3. Senators, how and by wliom chosen. — 
How classified. — State executive to make 
temporary appointments, in case, etc. — 
Qualifications of a senator. — President of 
the senate, his right to vote. — President 
pro iem. and other officers of senate, how 
chosen.- Power to try impeachments.- 
When president is tried, chief justice to 
preside. — Sentence. 

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

5. Membership. — Quorum. — Adjournments. 
— Rules. — Power to punish or expel. — 
Journal. — Time of adjournment hmited, 
unless, etc. 

6. Compensation. — Privileges. — Disqualifi- 
cation in certain cases. 

7. House to originate .all revenue bills. — 
Veto. — Bill may be passed by two-thirds 
of each house, notwithstanding, etc.— 
Bill not returned in ten days. — Provision 
as to all orders, etc., except, etc. 

8. Powers of congress. 

9. Pro\ision as to migration or importation 
of certain persons. — Habeas corpus. — 
Bills of attainder, etc. — T.axes, how ap- 
portioned. — No export duty.— No com- 
mercial preferences. — No money drawn 
from treasury, unless, etc. —No titular 
nobility. — OiBcers not to receive presents, 
unless, etc. 

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



ARTICLE II. 

Section 

1. President and vice-president, their tenn of 
ofBce. — Electors of president and vice- 
president, number, and how appointed. — 
Electors to vote on same day. — Qualifica- 
tions of president. — On whom his duties 
devolve in case of his removal, death, etc. 

— President's compensation. — His oath. 

2. President to be commander-in-chief. — He 
may require opinion of, etc., and may par- 
don. —Treaty-making power. — Nomina- 
tion of certain ofljcers. — When president 
may fill vacancies. 

3. President shall communicate to congress. 

— He may convene and adjourn congress, 
in case, etc.; shall receive ambassadors, 
execute laws, and commission officers. 

4. All civil offices forfeited for certain 
crimes. 



ARTICLE III. 

Section 

1. Judicial power. — Tenure. — Compensa- 
tion. 

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

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

ARTICLE IV. 

Section 

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

2. Privileges of citizens of each state. — Fugi- 
tives from justice to be delivered up.— 
Persons 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 guaran- 
teed. — Each state to be protected. 



CONSTITUTION OF THE UNITED STATES. 



ARTICLE V. 
Constitution, bow amended. — Proviso. 

ARTICLE VI. 
Certain debts, etc., adopted. — Supremacy of 
constitution, treaties and laws of the 
United States. — Oath to support constitu- 
tion, by whom taken. — 27o religious test. 

ARTICLE VII. 
What ratification ehpll <;6tablish constitution. 

AMENDMENTS. 

Article 

1. Religious establishment prohibited. — 
Freedom of speech, of the press, and 
right to petition. 

2. Right to keep and bear arms. 

3. No soldier to be quartered in any house, 
unless, etc. 



Article 

4. Right of search and seizure regulated. 

5. Provisions concerning prosecutions, trials 
and ijunishraents. — Private property, not 
to be taken for public use, without, etc. 

6. Further provisions respecting criminal 
prosecutions. 

7. Right of trial by jury secured. 

8. Bail, fines, and punishments. 

9. Rule of construction. 

10. Same subject. 

11. Same subject. 

12. Manner of choosing president and vice- 
president. 

13. Slavery abolished. 

14. Citizenship defined. —Apportionment of 
representatives. — Persons engaged in re- 
bellion excluded from office. — Debts of 
United States, and of states contracted 
during tbe rebellion. 

15. Right of citizenship not to be abridged. 



"WE the people of the United States, in order to form a more per- 
fect union, establish justice, insure domestic tranquillitj^ provide for 
the common defence, promote the general welfare, and secure the 
blessings of libert}* to ourselves and our posterity, do ordain and 
establish this Constitution for the United States of America. 



Legis'.atlve 
powers, in 



House of repre- 
SL-ntatives, liow 
and by whom 



Qualifications of 
a representative. 



Representatives 
and direct taxes, 
bow appor- 



I'ower of choos- 
ing,' officers, and 
cf impeachment. 



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 mem- 
bers chosen every second 3'ear by the people of the se\-eral states, 
and the electors in each state shall have the qualifications 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 twentj'-flve 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. 

Rej^resentatives and direct taxes shall be apportioned among the 
several states which maj" be included within this Union, according to 
their respective numbers, which shall be determined by adding to the 
•whole number of free persons, including those l)ound to service, for a 
term of j'ears, 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 everj' subsequent term of ten 3-ears, 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 
representative ; and until such enumeration shall be made, the state 
of New Hampshire shall be entitled to choose three, Massachusetts 
eight, Rhode Island and Providence Phintations one, Connecticut five. 
Now York six. New Jersey- four, Pcnnsyh'auia eight, Delaware one, 
Maryland six, Virginia ten, North Carolina five. South Carolina five, 
and Georgia three. 

When vacancies happen in tlie re))resentation 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. 



CONSTITUTION OF THE UNITED STATES. H 

Sect. 3. The senate of the United Sttites shall be composed of Senators, how 
two senators from each state, chosen bj- the legislature thereof, for clloson.^'^"™ 
sLx years ; and each senator shall have one vote. 

Immediately after they shall be assembled in consequence of the How ciaesiiicd. 
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 expiration of the second 3'ear, of the second class at the expi- 
ration of the fourth .year, and of the third class at the expiration of 
the sixth j'car, so that one-third maj' be chosen ever3- second j'ear ; 
and if vacancies happen by resignation, or otherwise, during the re- state executive 
cess of the legislature of any state, the executive thereof maj- make laryappo'im^"' 
temporary appointments until the next meeting of the legislature, ments, in case, 
which shall then fill such vacancies. 

No person shall be a senator who shall not have attained to the age QuaiiflcatioDs 
of thirty 3-ears, and been nine years a citizen of the United States, "fa^^^"""- 
and who shall not, when elected, be an inhabitant of that state for 
which he shall be chosen. 

The vice-president of the United States shall be president of the President of the 
senate, but shall have no vote, unless thej- be equally divided. toTOte.*^* "^^ 

The senate shall choose their other officers, and also a president pro President pro 
'mpore, in the absence of the vice-president 
the office of president of the United States. 

The senate shall ha^-e the sole power to try all impeachments. Power to try 
When sitting for that purpose, they shall be on oath or aflirmation. impeachments. 
When the president of the United States is tried, the chief justice When president 
shall preside : and no jjcrson shall be convicted without the concur- justTce to pre- 
rence of two-thirds of the membei-s present. ^'<i<'- 

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

Sect. 4. The times, places and manner of holding elections for Times, etc., of 
senators and representatives, shall be prescribed in each state bj- the oons^hoVpre- 
legislature thereof; but the congress ma}- at anj- time b}" law make or u"g''g; t„, 
alter such regulations, except as to the places of choosing senators. 1842,47, §2. 

The congress shall assemble at least once in everj- year, and such o^g'^ggj _• 
meeting shall be on the first Mondaj- in December, unless thej' shall each year, 
b}- law appoint a different day. 

Sect. 5. Each house shall be the judge of the elections, returns Membership. 
and qualifications of its own members, and a majority' of each shall 
constitute a quorum to do business ; but a smaller number may Quorum. 
adjourn from daj' to daj', and maj' be authorized to compel the Adjournments. 
attendance of absent members, in such manner, and under such pen- 
alties as each house maj- provide. 

Each house maj- determine the rules of its proceedings, punish its Rules. Powev 
members for disorderlj- beliavior, and, with the concurrence of two- txpe'i'."" 
thirds, expel a member. 

Each house shall keep a journal of its proceedings, and from time Journal, 
to time publish the same, excepting such parts as may in their judg- 
ment 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 entered on the journal. 

Neither house, during the session of congress, shall, without the Time of ad- 
consent of the other, adjourn for more than three daj-s, nor to any iteXuniess,''"ic. 
other place than that in which the two houses shall be sitting. 

Sect. 6. The senators and representatives shall receive a compen- Compensation, 
sation for their services, to be ascertained b}- law, and paid out of the 
treasury of the United States. They shall in all cases, except trea- Privileges. 



CONSTITUTION OF THE UNITED STATES. 



House to 

nate all 

bills. 

126 Maaa. 557- 



Bill may be 
passed by two- 
thirds of each 
house, notwlth- 
Btauding, etc. 



Bill not returned 
in ten days. 



all orders, e 
except, etc. 



129 Mass. 680. 



4 Gray, 559. 



son, felonj- aucl 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 an^' other place. 

No senator or representative shall, during the time for which he 
was elected, be appointed to anj' civil office under the authorit}' of the 
United States, wliich shall have been created, or the emoluments 
whereof shall have l)een increased during such time ; and no person 
holding auj' 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 representatives ; but the senate may propose or concur with amend- 
ments as on other bills. 

Eveiy bill which shall have passed the house of representatives 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 
proceed 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 
reconsidered, 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 determined b^- j'eas and nays, and the names of the persons voting 
for and against the bill shall be entered on the journal of each house 
respectively. If any bijl shall not be returned by the president within 
ten days (Sundays excepted) after it shall 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 concun'cnce of the 
senate and house of representatives vaay 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 ap- 
proved by him, or being disapproved by him, shall be repassed b3' 
two-thirds of the senate and house of representatives, according to 
the rules and limitations prescribed in the case of a bill. 

Sect. 8. The congress shall have power — to lay and collect taxes, 
duties, imposts and excises, to pay 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 naturaliza- 
tion, and uniform laws on the suliject 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 punishment of counterfeiting the securities and current 
coiu of the United States ; — to establish post offices and post roads ; 

— to promote the progress of science and useful arts, by securing 
for limited times to authors and inventors the exclusive right to theii' 
respective writings and discoveries ; — to constitute tribunals inferior 
to the supreme 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 water ; — 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 ; 



COKSTITTJTION OF THE UNITED STATES. 5 

— to provide for calling forth the militia to execute the laws of the 

Union, suppress insurrections, and repel invasions; — to provide for i4Gray, 6U. 

organizing, arming, and disciplining the militia, and for governing 

such part of them as may be employed in the service ol" the United 

States, reserving to the states respectivelj-, the appointment of the ■ 

otiicers, and the authority' of training the militia according to the 

discipline prescribed by congress ; — to exercise exclusive legislation 

in all cases whatsoever, over such district (not exceeding ten miles 

square) as may, by cession of particular states, and the acceptance 

of congress, become the seat of the government of the United States, 

and to exercise like authority over all places purchased bj'the consent loeMaBs. 356, 

of the legislature of the state in which the same shall be, for the ^^^' 

erection of forts, magazines, arsenals, dock jards, and other needful 

buildings ; — and to make all laws which shall be necessarj- and 

proper for carrj'ing into execution the foregoing powers, 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 migration or importation of such persons, as any of Provision as to 
the states now existing shall think proper to admit, shall not be pro- "IportaUon'of 
hibited b}' the congress prior to the j'car one thousand eight hundred cuitain peisons. 
and eight, but a tax or clut)- may be imposed on such importation, not 
exceeding ten dollars for each person. 

The privilege of the writ of habeas corpus shall not be suspended, nabeas corpus. 
unless when in cases of rebellion or invasion the public safety may 
require it. 

No bill of attainder or ex post facto law shall be passed. Biiis of attain- 

No capitation, or other direct tax, shall be laid, unless in propor- 'i'^''' '="=■ 
tion to the census or enumeration herein before directed to be taken, apportioned. 
No tax or duty shall be laid on articles exported from any state. No export duty. 
No preference shall be given by any regulation of commerce or No commercial 
revenue to the ports of one state over thf)se of another ; nor shall P''-'f«^''<'"<=es. 
vessels 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 money 
appropriations made by law ; and a regular statement and account u'«Muiy,"uriiess, 
of the receipts and expenditures of all public money shall be pub- etc. 
lished from time to time. 

No title of nobility shall be granted by the United States ; and no No titular 
person holding auj- office of profit or trust under them shall, without offlcers'not to 
the consent of the congress, accept of any present, emolument, office receive presents, 
or title, of any kind whatever, from any king, prince, or foreign state. "" °''^' "^ '^' 

Sect. 10. No state shall enter into any treat}', alliance, or con- states proWbit- 
federation ; grant letters of marque and reprisal ; coin money ; emit crcise'of 'certain 
bills of credit; make any thing but gold and silver coin a tender in powers, 
payment of debts; pass any bill of attainder, ex post facto law, or 12 Anen,4ii, 
law impairing the obligation of contracts, or grant any title of nobility, fj^'j^"*' ^^^ 
No state shall, without the consent of the congress, lay any imposts 155. 
or duties on imports or exports, except what ma}' be absolutely neces- 
sary for executing its inspection laws : and the net produce of all 
duties and imposts, 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 subject to the revision and control of the congress. No state 
shall, without the consent of congress, lay any duty of tonnage, keep 
troops, or ships 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 in such imminent danger as wiU not 
admit of delay. 



CONSTITUTION OF THE UNITED STATES. 



President and 
vice-president, 
their term of 
office. 



Electors of 
president and 
vice-president, 
number, and 
bow appointed. 



Amendment 
XII. a substi- 
tute for this 
paragraph. 



Electors to vote 
on same day. 
tJ. S. Statutes, 

Qualifications of 
president. 



On whom his 
duties devolve 
in case of bis 
removal, death, 



President's 
compensation, 
U, S. Statutes, 
1793, 9. 
1853, 9", § 4. 
1S73, 226, §1. 



ARTICLE II. 

Sect, 1. The executive power .shall be vested in a President of 
the United States of America. He shall hold his office during the 
term of four 3"ears, and, together with the vice-president, chosen for 
the same term, be elected, as follows : — 

Each state shall appoint, in such manner as the legislature thereof 
ma^' direct, a number of electors, equal to the whole number of 
senators and representatives to which the state ma}' be entitled in the 
congi'ess : 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, of whom one at least sliall not be an inhabitant 
of the same state with themselves. And the}' shall make a list of all 
the persons voted for, and of the number of votes for each ; which 
list 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 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 ha^'ing the greatest 
number of votes shall be the president, if such number be a majority 
of the whole number of electors appointed ; and if there be more than 
one who have such majorit}', and have an equal number of votes, then 
the house of representatives shall immediately choose by ballot one of 
them for president ; and if no person have a majority, then from the 
five highest on the list the said house shall in like manner choose 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 sliall 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 bj- ballot the vice-presi- 
dent,] 

The congress ma}' determine the time of choosing the electors, and 
the da}' on which they shall give their votes ; which day shall be the 
same throughout the United States, 

No person except a natural born citizen, or a citizen of the United 
States, at tlie time of the adoption of this constitution, shall be eligi- 
ble to the office of president ; neither shall any person be eligible to 
that office who shall not have attained to the age of thirty-five years, 
and been fourteen years a resident within the United States, 

In case of the removal of the president from office, or of his death, 
resignation, or inability to discharge the powers and duties of the 
said office, the same shall devolve on the vice-president, and the con- 
gress may b}' law provide for the case of removal, death, resigna- 
tiou, or inabihty, both of the president and vice-president, declaring 
what officer shall then act as president, and such officer shall act 
accordingl}', until the disability be removed, or a president shall be 
elected. 

The president sh.-ill, at stated times, receive for his services, a com- 
pensation, which shall neither be increased nor diminished during tlie 
period for which he shall have been elected, and he shall not receive 
within that period any other emolument from the United States, or 
any of them. 

Before he enter on tlie execution of his office, he shall take the fol- 
lowing oath or affirmation : — • 



CONSTITUTION OF THE UNITED STATES. ^ 

"I do solemnly swear (or affirm) that I will faithfulh- execute the Hiaoath. 
office of president of the United States, and will to the best of ni}- 
ability, preserve, protect and defend the constitution of the United 
States." 

Sect. 2. The president shall be commander-in-chief of the army President to be 
and navy of the United States, and of the militia of the several states, ^g;^™™der.in- 
when called into the actual service of the United States; he may re- He may require 
quire the opinion, in writing, of the principal officer in each of the andmaypardon. 
executive departments, upon any subject relating to the duties of 
their respective offices, and he shall have power to grant reprieves and 
pardons for offences against the United States, except in cases of im- 
peachment. 

He shall have power, by and with the advice and consent of the TreatymakiDg 
senate, to make treaties, provided two-thirds of the senators present ^°'^"- 
concur; and he shall nominate, and bj- and with the advice and con- Nomination of 
sent of the senate, shall appoint ambassadors, other public ministers certain officers, 
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 ma3' by law 
vest the appointment of such inferior officers, as they think proper, 
in the president alone, in the courts of law, or in the heads of depart- 
ments. 

The president shall have power to fill up all vacancies that maj- hap- 
pen during the recess of the senate, by granting commissions which 
shall expire at the end of their next session. 

Sect. 3. He shall from time to time give to the congress informa- President siiaii 



tion of the state of the Union, and recommend to their consideration congri""'.'^*''' '^ 

such measures as he shall judge necessarj- and expedient; he may, on He may convene 

extraordinary occasions, convene both houses, or either of them, and gres's, in case, 

in case of disagreement between them, with respect to the time of ''"^' 
adjournment, he may adjourn them to such time as he shall think 

proper ; he shall receive ambassadors and other public ministers ; he ambaJsiidors; 

shall take care that the laws be faithfully executed, and shall commis- execute laws, 

11 ii iM i- ..1 TT -i 1 Oi i and commission. 

sion all the officers of the United States. officers. 

Sect. 4. The president, vice-president, and all civil officers of ah civil offices 
the United .States, shall be removed from office on impeachment for, certain crimes, 
and conviction of, treason, bribery, or other high crimes and misde- 
meanors. 

ARTICLE III. 

Section 1. The judicial power of the United States shall be Judicial power, 
vested in one supreme court, and in such inferior courts as the coii- 
gi-ess may from time to time ordain and establish. The judges, both Tenure, 
of the supreme and inferior courts, shall hold their offices during 
good behavior, and shall, at stated times, receive for their services, a 
compensation, which shall not be diminished during their continuance Compensation, 
ill 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 all cases affecting ambassadors, other public ministers, and con- 
suls ; — to all cases of admiraltj" and maritime jurisdiction; — to 
controversies to which the United States shall be a party ; — to con- 
troversies between two or more states ; — between a state and citizens See amenamcm 
of another state ; — between citizens of ditferent states ; — between 
citizens of the same state claiming lands under grants of different 
states, and between a state, or the citizens thereof, and foreign states, 
citizens or subjects. 



CONSTITUTION OF THE UNITED STATES. 



Appellate 



Trial by jury, 
except, etc. 
Trial, where. 



In fill cases affecting ambassadors, other public ministers and con. 
sills, and those in which a state shall be a part^-, the supreme court 
shall have original jurisdiction. In all the other eases before men- 
tioned, the supreme court shall have appellate jurisdiction, both as to 
law and fact, with such exceptions, and under such regulations as the 
congress shall make. 

The trial of all crimes, except in cases of impeachment, shall be by 
jury ; and such trial shall be held in the state where the said crimes 
shall have been committed ; but when not committed within any state, 
the trial shall be at such place or places as the congress raay hy law 
have directed. 
Treason Sect. 3. Trcasou against the United States, shall consist only in 

defined. levying war against them, or in adhering to their enemies, giving 

Proof of. them aid and comfort. No person shall be convicted of treason un- 

less on the testimony of two witnesses to the same overt act, or on 
confession in open court. 
Punishment of. The coiigrcss shall have power to declare the punishment of treason, 
but no attainder of treason shall work corruption of blood, or forfeit- 
ure except during the life of the person attainted. 



every Btate. 

U. S. Statutes, 

1790, 11. 

1804, 66. 

99 Mass. 267, 

273. 

Privilegee of 

citizens of each 

state. 

3 Gray, 276. 

Fugitives from 

justice to be 

delivered up. 

112 Mass. 409, 

410. 

Persons held to 

service, having 

escaped, to be 

delivered up. 

U. S. Statutes, 

1793, 7. 

1850, 60. 



Adi 



of 



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



Republican 
form of govern- 
ment guaran- 
teed. 

Each state to be 
protected. 



ARTICLE IV. 

Section 1. Full faith and credit shall be given in each state to 
the public acts, records, and judicial proceedings of eveiy other state. 
And the congress may bj' general laws prescribe the manner in which 
such acts, records and proceedings shall be proved, and the effect 

thereof. 116 Mass. 170,171, 117 Mass. 107, 10s. 122 Mass. 156, 161. 126 Mass. 26, 27. 

Sect. 2. The citizens of each state shall be entitled to all privi- 
leges and immunities of citizens in the several states. ii Alien, 26s,28o. 

A person charged in any state with treason, felony, or other crime, 
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- 
livered up to be removed to the state having jurisdiction of the crime. 

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 regula- 
tion therein, be discharged from such service or labor. l3ut shall be 
delivered up on claim of the party to whom such service or labor maj- 
be due. 

Sect. 3. New states ma}- he admitted by the congress into this 
Union ; but no new state shall be formed or erected within the juris- 
diction of any other state ; nor anj' state be formed bv the junction of 
two or more states, or parts of states, without the consent of the legis- 
latures of the states concerned as well as of the congress. 

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 ; and noticing in 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 
executive (when the legislature cannot be convened) against domestic 
violence. 

ARTICLE V. 

The congress, whenever two-thirds of both houses shall deem it 
necessaiy, shall propose amendments to this constitution, or, on the 
application 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 part of this constitution, 



CONSTITUTIOX OF THE UNITED STATES. 9 

when ratified bj" the legislatures of three-fonvths of the several states, 
or b_y conventions in three-fourths tliereof, as the one or the other 
mode of ratification may be proposed by congress ; provided that no Proviso, 
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- Certain debu, 

tion of this constitution, shall be as valid against the United States e'<=' adopted, 
under this constitution, as under the confederation. 

This constitution, and the laws of the United States which shall be Supremacy of 

made in pursuance thereof; and all treaties made, or which shall be trcaUesand' 

made, under the authority of the United States, shall be the supreme '■^^■""lu"' 
law of the land ; and the judges in ever^' state shall be bound thereb}', 
any thing in the constitution or laws of any state to the contrary not- 
withstanding. 

The senators and representatives before mentioned, and the mem- Oath to support 

bers of the several state legislatures, and all executive and judicial ,™J™Ji'[?e'J; ''^ 

oflicers, both of the United States and of the several states, shall be u. s. Statutes, 

bound b^- oatli or affirmation, to support this constitution ; but no No^rdig^ious^' 

religious test shall ever be required as a qualification to any office or 'i^s'- 
pubhc trust under the United States. 

ARTICLE VII. 

The ratification of the conventions of nine states, shall be suthcient what ratiflca- 
for the establishment of this constitution between the states so ratify- li'si" coustUu-"''' 
ing the same. tion. 



ARTICLES 

IN ADDITION TO, AND AMEN'DMEXT OF, 

r7ie constitution of the United States of America, lyroposed by con- 
gress, and ratified In/ the legislatures of the several states, pursuant 
to the fifth article of the original constitution. 

Article I. Congress shall make no law respecting an establish- Religious estab. 
ment of religion, or prohibiting the free exercise tliereof; or abridging {jfbit^d" '"^'' 
the fi'eedom of speech, or of the press; or the right of the people Freedom of 
peaceablj- to assemble, and to petition the government for a redress p?ess, and right 
of grievances. '° petition. 

Art. II. A well regulated militia, being necessary to the securit}' Right to keep 
of a free state, the riglit of the people to keep and bear arms shall not *'"' t"'^'" ""us. 
be infringed. 

Art. III. No soldier shall, in time of peace, lie quartered in any No soldier to b« 
house, witliout the consent of tlie owner, nor in time of war, but in a house!' unless,"* 
manner to be prescribed by law. '•■'<'• 

Art. IV. The right of the people to be secure in their persons. Right of search 
houses, papers and effects, against unreasonable searches and seizures, regulated^ 
shall not be violated, and no warrants shall issue, but upon probable 
cause, supported bj- oath or affirmation, and particularl}' describing 
the place to be searched, and the pei'sons or things to be seized. 

Art. V. No person shall be held to answer for a capital, or other- Provisions con- 
wise infamous crime, unless on a presentment or indictment of a grand cutulnf.^riau" 
jury, except in cases arising in the land or naval forces, or in the »"<! punish- 



10 



COXSTITUTIOX OF THE UNITED STATES. 



8 r,ray, 329. 

12 rick. 496, 502. 

13 Allen, 554, 
656. 

105 Mass. 189. 
Private proper- 
ly, not to be 
taken for pul)Mc 
use, without, 
etc. 

Further pro- 
visions respect, 
ing criminal 
prosecutions. 
108 Mass. 8, 7. 



Right of trial by 
jury secured. 
5 Gray, 144. 



Bail, fines, and 
punishments. 
5 Gray, 482. 
Rule of con- 
Btruction. 



Same subject. 
3 Gray, 268. 



Manner of 
choosing presi. 
dent and vice- 
president. ' 



militia, when in .ictual 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 !imb ; nor shall be compelled in any criminal case 
to he a witness against himself, nor be deprived of life, libertj' or 
property, without due process of law ; nor shall private jjioperly be 
taken for public use, without just compensation. i Alien, iso. 

Art. VI. In all criminal prosecutions, the accused shall eiijoj- the 
right to a speedy and public trial, by an impartial jury of the state 
and district wherein the crime shall have been committed, which dis- 
trict shall have been previousl}- ascertained bylaw, and to be informed 
of the nature and cause of the accusation ; to be confronted with the 
witnesses against him ; to have compulsory 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 
shall exceed twenty* dolliirs, the right of trial bj- jury shall be pre- 
served, and no fact tried by a juiy shall be otherwise re-examined in 
any court of the United States, than according to the rules of the 
common law. 

Art. VIII. Excessive bail shall not be required, nor excessive 
fines imposed, nor cruel and unusual punishments inflicted. 

Art. IX. The enumeration in the constitution, of certain rights, 
shall not be construed to deny or disparage others retained b^- the 
people. 

Art. X. The powers not delegated to the United States by the 
constitution, nor prohibited by it to the states, are reserved to the 
states respectively, or to the people. 

Art. XI. The judicial power of the United States shall not be 
construed to extend to anj' suit in law or equitj', commenced or pros- 
ecuted against one of the United States b3' citizens of another state, 
or by citizens or subjects of an}- foreign state. 

Art. XII. The electors shall meet in their respective states, and 
vote liy ballot for president and vice-president, one of whom, at least, 
shall not be an inhabitant of the same state with themselves ; the}- 
shall name in their ballots the person voted for as president, and in 
distinct ballots the person voted for as \ice-president, and they shall 
make distinct lists of all persons voted for as president, and of all 
persons voted for as vice-president, and of the number of votes for 
each, which lists thej' 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 president of the senate shall, in presence 
of the senate and house of representatives, 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 
person have such inajorit}', then from the persons having tiie highest 
numbers not exceeding three on the list of those voted for as president, 
the house of representatives shall ciioose immediately, by ballot, the 
president. But in choosing the president, the votes shall be taken bj' 
states, the representation from each state having one vote ; a quorum 
for this purpose shall consist of a member or memViers from two- 
thirds of the states, and a majorit\' of all the states shall be necessaiy 
to a choice. And jf the house of representatives 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 president, as in the ease 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 majorit}- of the whole 



COXSTITDTION OF THE UNITED STATES. 



11 



Dumber of electors appointed, and if no poison have a majority, then 
from the two highest numbers on tlie list, llie senate shall choose the 
vice-president ; a quorum for the purpose shall consist of two-thirds 
of the whole number of senators, and a majoritj- of the whole numljer 
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. 

Art. XIII. Sect. 1. Neither slavery nor involuntar}' servitude, 
except as a punishment for crime whereof the part}- shall have been 
duly convicted, shall exist within the United States, or any place sub- 
ject to their jurisdiction. 

Sect. 2. Congress shall have power to enforce this article by 
appropriate legislation. 

Art. XIV. Sect. 1 . All persons born or naturalized in the United 
States, and subject to the jurisdiction thereof, are citizens of the United 
States and of the state wherein they reside. No state shall make or 
enforce any laiv which shall abridge the privileges or immunities of 
citizens of the United States ; nor shall any state deprive an}' person 
of life, liberty, or property, without due process of law, nor denj- to 
any person within its jurisdiction the equal protection of the laws. 

Sect. 2. Representatives shall be apportioned among the se\eral 
states according to their respective numbers, counting the whole uum- 
iter of persons in each state, excluding Indians not taxed. But when 
the right to vote at an}" election for the choice of electors for president 
and vice-president of the United States, representatives in congress, 
the executive and judicial officers of a state, or the members of the 
legislature thereof, is denied to any of the male inhabitants of such 
.state, being twenty-one years of age, and citizens of the United 
St.ates, or in any way abridged, except for participation in rebellion or 
otlier crime, the basis of representation therein shall be reduced in the 
proportion which the number of such male citizens shall bear to the 
whole number of male citizens twenty-one years of age in such state. 

Sect. 3. No person shall be a senator, or representative in con- 
gress, or elector of president and vice-president, or hold anj- office, 
civil or military, under the United States, or under anj- state, who, 
having previouslv taken an oath, as a member of congress, or as an 
officer of the United States, or as a member of an}' state legislature, 
or as an executive or judicial officer of any state, to support the con- 
stitution of the United States, shall have engaged in insurrection or 
rebellion against the same, or given aid or comfort to the enemies 
thereof. But congress may, by a vote of two- thirds of each house, 
remo\'e such disability. 

Sect. 4. The validity of the public debt of the United States, au- 
thorized by law, including debts incurred for pa}ment of pensions and 
bounties for services in suppressing insiu'rection or rebellion, shall not 
be questioned. 

But neither the United States nor any state shall assume or pay 
an}' debt or obligation incurred in aid of insurrection or rebellion 
against the United States, or an}' claim for the loss or emancipation 
of any slave ; but all such debts, obligations and claims shall be held 
illegal and void. 

Sect. 5. The congress shall have power to enforce, by appropriate 
legislation, the provisions of this article. 

Art. XV. Sect. 1 . The right of citizens of the United States to 
^•ote shall not be denied or abridged by the United States, or by any 
slate, on account of race, color, or previous condition of servitude. 

Sect. 2. The congress shall have power to enforce this article by 
appropriate legislation. 



Manner of 
choosing pr 
dent end vie 
president. 
Slavery 
abolished. 



Who are citi- 
zens of United 
States. 
Prinleges of 
citizens not to 
be abridged. 



Certain persons 
who engaged in 
rebellion not to 
hold offices. 



Debt of United 
States not to be 
questioned. 



Debts incnrred 
in aid of rebel- 
lion to be void, 



Right of citizen- 
ship not to be 



Appropriate 
legislation. 



12 CONSTITUTION OF THE UNITED STATES. 

[Note. The constitution was adopted September 17, 1787, by the unanimous consont of the 
states present in the convention appointed in pursuance of the resolution of the congress of the 
confederation of February 21, 1787, and was ratified by the conventions of the several states, 
as follows, viz.: By convention of Delawai'e, December 7, 1787; Pennsylvania, December 12, 
1787; New Jersey^ December 18, 1787; Georgia, January 2, 1788; Connecticut, January 9, 1788; 
Massachusetts, February 6, 1788; Maryland, April 28, 1788; South Carolina, May 23. 1788; 
New Hampshire, June 21, 1788; Virginia, June 26, 1788; Neio York, July 26, 1788; North 
Carolina, November 21. 1789; Rhode Island, May 29, 1790. 

The first ten of the amendments were proposed at the first session of the first congress of the 
United States, September 25, 1789, and were finally ratified by the constitutional number of 
states on December 15, 1791. The eleventh amendment was proposed at the first session 
of the third congress, March 5, 1794, and was declared in a message from the President of the 
United States to both houses of congress, dated January 8, 1798, to have been adopted by 
the constitutional number of states. The twelfth amendment was proposed at the first session uf 
the eighth congress, December 12, 1803, and was adopted by the constitutional number of stales 
in 1804, according to a public notice thereof by the secreiary of state, dated September 25 of the 
same year. 

The thirteenth amendment was proposed to the legislatures of the several states by the thirty- 
eighth congress on February 1, 1865, and was declared, in a proclamation of the secretary 
of state, dated December 18, 1865, to have been ratified hy the legislatures of three-fourths of 
the states. 

The fourteenth amendment was proposed to the legislatures of the several states by the thirty- 
ninth congress, on June 16, 1866. 

On July 20, 1868, the secretary of state of the United States issued his certificate, 
setting out that it appeared by official documents on file in the department of state that said 
amendment had been ratified by the legislatures of the states of Connecticut, Nexo Hampshh-e, 
Tennessee, Neio Jersey^ Oregon, Vermont, New York, Ohio, Illinois, West Virginia, Kansas^ 
Maine, Nevada, Missouri, Indiana, Minyiesota, Rhode Island, Wisconsin, Pennsylvania, Michi- 
gan, Massachusetts, Nebraska and Iowa, and by newly established bodies avowing themselves 
to be and acting as the legislatures of the states of Arkayisas, Flot'ida, North Carolina, Louisi- 
ana, South Carolina, and Alabama; that the legislatures of Ohio and Neio Jersey had since 
passed resolutions withdrawing the consent of those states to said amendment; that the whole 
number of states in the United States was thirty-seven, that the twenty-three states first above 
named and the six states next above named together, constituted three-fourths of the whole num- 
ber of states, and certifying that if the resolutions of Ohio and New Jersey, ratifying said amend- 
ment were still in force, notwithstanding their subsequent resolutions, then said amendment had 
been ratified and so become valid as part of the constitution. 

On July 21, 1868, congress passed a resolution reciting that the amendment had been 
ratified by Connecticut, Tennessee, New Jersey, Oregon, Vermont, West Virginia, Kansas, 
Missou7'i, Indiana, Ohio, Illinois, ^fiimesota, Neio York, Wisconsin, Pennsylvania, Rhode 
Island, Michigan, Nevada, New Hampshire, Massachusetts, Nebraska, Maine, Iowa, Arkansas, 
Florida, North Carolina, Alabama, South Carolina and Louisiana, being three-fourths of the 
several states of the Union, and declaring said fourteenth article to be a part of the constitutioa 
of the United States and making it the duty of the secretary of state to duly promulgate it aa 
such. 

On July 28, 1868, the secretary of state issued his certificate, reciting the above resolution, 
and stating that official notice had been received at the department of state that action 
had been taken by the legislatures of the states in relation to said amendment, as follows : ** It 
■was ratified in A.D. 1866, by Connecticut, June 30; New Hampshire, July 7; Tennessee, July 19; 
Oregon, September 19; Ve7^nont, November 9. In A.D. 1867, by New Yv7-k, January 10; Illinois^ 
Januarj' 15; West Virginia, January 16; Kansas, January 18; Maine, January 19; Nevada, Janu- 
ary 22; J^issown", January 26; Indiana, January 29; Minnesota, February 1; Rhode Islatidt 
February 7; Wisconsin, February 13; Pennsylvania, February 13; Michigan, February 15; 
Massachusetts, ilarch 20; Nebraska, June 16. In A.D. 1868, by loica, April 3; Ar kaiisas, Aprii 6; 
Florida, June 9; Louisiana, July 9; and Alabama, July 13. 

" It was first ratified and the ratification subsequently withdrawn by New Jersey, ratified 
September 11, 1866, withdrawn April, 1868; Ohio, ratified January 11, 1867, and withdrawn 
January, 1868. 

" It was first rejected and then ratified by Georgia, rejected November 13, 1866, ratified July 
21, 1868; North Carolina, rejected December 4. 1866, ratified July 4, 1868; South Carolina, re- 
jected December 20, 1866, and ratified July 9, 1868. 

'* It was rejected by Texas, November 1, 1866 ; Virginia, January 9, 1867 ; Kentucky, January 
10, 1867; Delaware, February 7, 1867; and Maryland, March 23, 1867." 

And on said July 28, 1868, and in execution of the act proposing the amendment and of 
the concurrent resolution of congress above mentioned and in pursuance thereof, the secretary 
of state directed that said amendment to the constitution be published in the newspapers author- 
ized to promulgate the laws of the United States, and certified that it had been adopted in the 
manner above specified by the states named in said resolution, and that it "has become valid to 
all intents and purposes as a part of the constitution of the United States." 



CONSTITUTION OF THE UNITED STATES. 13 

Subsequently it was ratified by VirQinia^ October 8, 1869, by Georgia, again February 2, 
1870, and by Texas, February 18, 1870. 

The fifteenth amendment was proposed to the legislatures of the several states by the fortieth 
congress on February 27, 1869, and was declared, in a proclamation of the secretary of state, 
dated March 30, 1870, to have been ratified by the constitutional number of states and to have 
** become valid to all intents and purposes as part of the coustitution of the United States."] 



CONSTITUTION 



FORM OF GOVERNMENT 



(Eommomucaltl) of itIassacl)U5Ctts* 



PREAMBLE. 

Objects of government. — Body politic, bow 
formed. — Its nature. 

PART THE FIRST. 

Article 

1. Equality and natural rights of all men. 

2. Right and duty of public religious wor. 
ship. — Protection therein. 

3. Legislature empowered to compel provis- 
ion for public worship; and to enjoin at- 
tendance thereon. — Exclusive right of 
electing religious teachers secured. — Op- 
tion as to whom parochial taxes may 
he paid, unless, etc. — All denominations 
equally protected. —Subordination of one 
sect to another prohibited. 

4. Right of self-government secured. 

5. Accountability of all officers, etc. 

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

7. Objects of government; 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 
consent. — Private property not to be tak- 
en for public uses without, etc. 

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, etc. 

13. Crimes to be proved in the vicinity. 

14. Right of search and seizure regulated. 

15. Right to trial by jury sacred, except, etc. 

16. Liberty of the press. 

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

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



Article 

19. Right of people to instruct representatives 
and petition legislature. 

20. Power to suspend the laws, or their execu- 
tion. 

21. Freedom of debate, etc., and reason thereof. 

22. Frequent sessions, and objects thereof. 

23. Taxation founded on consent. 

24. ^a;7Jo*(/ac/o laws prohibited. 

25. Legislature not to convict of treason, etc. 

26. Excessive bail or fines, and cruel punish- 
ments, prohibited. 

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

28. Citizens exempt from law-martial, unless, 



etc. 



Ten. 



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

30. Separation of executive, judicial and legii 
lative departments. 



PART THE SECOND. 

FRAME OF GOVERNMENT. 
Title of body politic. 

CHAPTER I. 

Section 1. 
Article 

1. Legislative department. 

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

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

4. General court may enact laws, etc., not re- 
pugnant to the constitution ; may provide 
for the election or appointment of officers; 
prescribe their duties; impose taxes, du- 
ties and excises, to be disposed of for 
defence, protection, etc. — Valuation of es- 
tates, once in ten years, at least, while, etc. 



16 



CONSTITUTION OF MASSACHUSETTS. 



Section 2. 
Article 

1. Senate, number of, and by whom elected. 

— Counties to be districts, until, etc. 

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

— Selectmen to preside at town meetings. 

— Return of votes. — Inhabitants of un- 
incorporated plantations, who pay state 
taxes, may vote. — Plantation meetings. — 
Assessors to notify, etc. 

S. Governor and council to examine and count 
votes, and issue summonses. 

4. Senate to be final judges of elections, etc., 
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. 

S. shall try all impeachments, — Oath. — 
Limitation of sentence. 

9. quorum. 

Section 3. 
Article 

1. Representation of the people. 

2. Representatives, by whom chosen. — Pro- 
viso as to towns having less than 150 rata- 
ble polls. — Towns liable to fine in case, 
etc. — Expenses 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. to judge of returns, etc., of its own 
members; to choose its officers and estab- 
lish its rules, etc. — May punish for certain 
offences. — Privileges of members. 

11. Senate. — Governor and council may pun- 
ish. — General limitation. — Trial may be 
by committee, or otherwise. 

CHAPTER II. 

Section 1. 
Article 

1. Governor. — His title. 

2. to be chosen annually. — Qnalifications. 

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. 

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

7. Governor to be commander-in-chief. — 
Limitation. 

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

9. All judicial officers, etc., how nominated 
and appointed. 

10. Militia officers, how elected. -How com- 
missioned. — Election of officers. — Major- 
generals, how appointed and commis- 



Article 

sioned. — Vacancies, how filled, in case, 
etc. — Officers, duly commissioned, how 
removed. — Adjutants, etc., how appoint- 
ed. — Organization of militia. 

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

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

13. Salary of governor. — Salaries of jiisticee 
of supreme judicial court. — Salaries to be 
enlarged, if insufficient. 

Section 2. 
Article 

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

2. President of council. — Lieutenant-gov- 
ernor a member of, ezcept, etc. 

3. Lieutenant-governor to be acting governor, 
in case, etc. 

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. Xo district to have more than two. 

5. Register of council. 

6. Council to exercise the power of governor 

7. Elections may be adjourned until, etc. — 
Order thereof. 

Section 4. 
Article 

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

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

CHAPTER III. 
Article 

1. Tenure of all commissioned officers to be 
expressed. — Judicial officers to hold of- 
fice during good behavior, except, etc. — 
But may be removed on address. 

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

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

4. Provisions for holding probate courts. 

5. Provisions for determining causes of mar- 
riage, divorce, etc. 

CHAPTER IV. 



CHAPTER V. 

Section 1. 
Article 

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

2. All gifts, grants, etc., confirrat-d. 

3. "Who shall be ovt-rseers. — Power of alter- 
ation reserved to the legislature. 



\ 



CONSTITUTION OF MASSACHUSETTS. 



17 



Duty of 1 _ 

future period 



Section 2. 
^laturcs and magistrates in all 



CHAPTER VI. 
Article 

1. Oaths of allegiance and office, etc. 

2. Plurality of offices prohibited to governor, 
etc., except, etc. — Incompatible offices. — 
Bribery, etc., disqualify. 

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

4. Provisions respecting commissions. 

5. Provisions respecting writs- 

6. Continuation of former laws, except, etc. 

7. Benefit of habeas corpus secured, except, 
etc. 

8. The enacting style. 

9. Officers of former government continued 
until, etc. 

10. Provision for revising constitution. 

11. Provision for preserving and publishing 
this constitution. 



AMENDMENTS. 
Article 

1. Bill, etc., not approved within five days, 
not to become a law, if legislature adjourn 
in the mean time. 

2. General court empowered to charter cities. 

— Proviso. 

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

4. Notaries public, how appointed and re- 
moved. — Vacancies in the office of secre- 
tary and treasurer, bow filled, in case, etc. 

— Commissary-general maybe appointed, 
in case, etc. — Militia officers, how re- 
moved. 

5. "Who may vote for captains and subalterns. 

6. Oath to be taken by all officers ; or affirma- 
tion in case, etc. 

7. Tests abolished. 

8. Incompatibility of offices. 

9. Amendments to constitution, how made. 
10. Commencement of pohtical year; and ter- 
mination.— Meetings for choice of gov- 
ernor, lieutenant-governor, etc., when to 



Akticle 

be lield. — 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- 
tricts.- Apportionment of representatives 
and councillors. — Freehold as a qualifi- 
cation for a seal in general court or council 
not required. 

14. Election by people to be by plurality. 

15. Time of annual election of governor and 
legislature. 

16. Eight councillors, bow chosen.- State to 
be districted. — Eligibility defined. — Day 
and manner of election. — Vacancies, how 
filled. — Organization of government. 

17. Election of secretary, treasurer, auditor 
and attorney-general by the people. — Va- 
cancies, how filled. — To qualify within 
ten days. — Qualifications. 

18. School money not to be applied for secta- 
rian schools. 

19. Legislature to prescribe for election of 
sherifi's, registers of probate, etc., 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 mem- 
bers. — Legislature to apportion, etc. — 
Qualifications of representatives, and num- 
ber for quorum. 

22. Census of voters and inhabitants. — Sen- 
ate to consist of 40 members. — Senato- 
rial districts. — Proviso. — Qualifications 
of senators, and number for quorum. 

23. Residence of two years required of nat- 
uralized citizens to entitle to suflrage, or 
make eligible to office. Repealed. 

24. Vacancies in the senate. 

25. Vacancies in the council. 

26. Twenty-third article repealed. 

27. Officers of Harvard College may be elected 
members of the general court. 

28. Persons having served in the U. S. army 
or navy, etc., not to be disqualified from 
voting, et«. 



PEEAMBLE. 

The end of the institution, maintenance and administration of gov- objects of 
ernment, is to secure the existence of the bod}" politic, to protect it, government. 
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 people 
have a right to alter the government, and to take measures necessarj- 
for their safety, prosperity and happiness. 

The body politic is formed by a voluntary association of individuals : Body politic, 
it is a social comj)act, by which the whole people covenants with each i°s™ature!'^" 
citizen, and each citizen with the whole people, that all shall be gov- 
erned 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 impartial inter- 



18 CONSTITUTION OF MASSACHUSETTS. 

pretatioii, and a faitlifiil execution of them ; that eveiy man may. at 
all times, find his security in them. 

We, therefore, the people of Massachusetts, acknowledging, with 
grateful hearts, the goodness of the great Legislator of tlie universe, 
in affording us, in the course of His providence, an opportunit}', delib- 
erately and peaceably, without fraud, violence or surprise, of entering 
into an original, explicit, and solemn compact with each other ; and 
of forming a new constitution of civil government, for ourselves and 
jx)sterity ; and devoutlj' imploring His direction in so interesting a 
design, do agree upon, ordain and establish, the following Declaration 
of Mights, and Frame of Government, as the Constitution of the 
Commonwealth of Massachusetts. 



PART THE FIRST. 

A Declaration of the JUghts of the Inhahitants of the Common' 
ivealth of Massachusetts. 

Equality and ARTICLE I. All men are born free and equal, and have certain nat- 

.°u m'™."^'^'^ nral, essential, and unalienable rights ; among which may be reckoned 
the right of enjoying and defending their lives and liberties ; that of 
acquiring, possessing, and protecting property; in fine, that of seeking 
and obtaining their safetj' and happiness. 
Ki^'iit ™d diitj II. It is the right as well as the duty of all men in society, pub- 
^fousworship. hcly, and at stated seasons to worship the Supreme Biding, the great 
i'l Dtcction Creator and Preserver of the universe. And no subject shall be hurt, 

2cli's'h.'io4. molested, or restrained, in his person, lilierty. or estate, for worship- 
13 Aik-n, 1-29. pji^g (4yj) j,^ \\-yQ manner and season most agreeable to the dictates of 
his own conscience ; or for his religious profession or sentiments ; pro- 
vided he doth not disturb the puljlic peace, or obstruct others in their 
religious worship. 
Ameiidraent, III. [As the happiness of a people, and the good order and 

tuted'fo/this." preservation of civil government, essentially depend upon piety, 
religion and moralitj* ; and as these cannot be generally diffused 
through a community, but hy the institution of the public worship of 
God, and of public instructions in pietj', religion and moralitj' : 
Legislature em- Therefore, to promote their happiness and to secure the good order 
pe^provision°for ^"c^ preserx'ation of their government, the people of this common- 
public worship; wealth 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 pietj', religion and 
inoi'ality, in all cases where such provision shall not be made 
voluntarily. 
andtocAjoin And the people of this commonwealth have also a right to, and do, 
thereon""'^ invest their legislature with authority- to enjoin upon all the subjects 

an attendance upon the instructions of the public teachers aforesaid, 
at stated times and seasons, if there be any on whose instructions 
they can conscientiously and conveniently attend. 
Exclusive right Provided, notwithstanding, that the several towns, parishes, pre- 
gfousleachers' cincts, and other bodies politic, or religious societies, shall, at all 
BLCurcd. times, have the exclusive right of electing their public teachers, and 

of contracting with them for their support and maintenance. 



CONSTITUTION OF MASSACHUSETTS. 19 

And all money's, paid l\v the subject to the support of public worship, Option as to 
and of the public teachers aforesaid, shall, if he require it, be uni- Serm'^'iy be""' 
fornily applied to the support of the public teacher or teachers of his paid, unless, ete. 
own religious sect or denomination, provided there be an}' 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 
moue3s are raised. 

And ever}- denomination of christians, demeaning themselves peace- Aiidenomina- 
ably, and as good subjects of the commonwealth, shall be equally proteS!"^ 
under the protection of the law: and no subordination of an}- one li^et.ies. 
sect or denomination to another shall ever be established by Law.] of one sect to 

TV. The people of this commonwealth have the sole and exclusive £"bite"^™ 
right of governing themselves, as a free, sovereign and independent Right of self, 
state ; and do, and forever hereafter shall, exercise and enjo\- everj- fecureu"'"' 
power, jurisdiction, and right, which is not, or may not hereafter, be 
by them expressly delegated to the United States of America, in Con- 
gress assembled. 

V. All power residing originallj' in the people, and being derived Accountability 
from them, the several magistrates and officers of government, vested etcf " ''""' 
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 anj- Senices ren. 
other title to obtain advantages, or particular and exclusive privileges, puMiVbelng the 
distinct from those of the communit}', than what arises from the con- only title to 
sideration of services rendered to the pu))lic ; and this title being in FegTs.'iu'redl' 
nature neither hereditaiy, nor transmissible to children, or descend- a^rj'^',','^'''^'^ 
ants, or relations by blood, the idea of a man born a magistrate, unnatural. 
lawgiver, or judge, is absurd and unnatural. 

VII. Government is instituted for tlie common good ; for the pro- objcctsof gov- 
tection, safety, prosperity and happiness of the people; and not for of'j^'opie ttf ''^ 
the profit, honor, or private interest of any one man, family or class institute and 
of men: Therefore the people alone have an incontestable, unalienable, 

.ind indefeasible right to institute government ; and to reform, alter, 
or totally change the same, when their protection, safety, prosperity 
and happiness require it. 

VIII. In order to prevent those, who are vested with authoritj', Right of people 
from becoming oppressors, the people have a right, at such periods tfon'm'office"' 
and in such manner as they shall establish by their frame of govern- 
ment, to cause their public officers to return to private life ; and to fill ah, having the 
up vacant places by certain and regular elections and appointments. qualifications 

IX. All elections ought to be free ; and all the inhabitants of this equajfy eligible- 
commonwealth, having such qualifications as the}- shall establish by '<'°'i^<^«- 
their frame of government, have an equal right to elect officers, and to tion of" inhabit. 
be elected, for public employments. 122 Mass. 595, 696. TK' 2"^^^' li 

X. Each individual of the society has a right to be protected by it Right of protec. 
in the enjoyment of his life, liberty and property, according to stand- tion and duty of 
ing laws. He is obliged, consequently, to contribute his share to the correlative. 
expense of this protection ; to give his personal service, or an equiva- J^on"c°„"n6°,\'".'^ 
lent, when necessary : but no part of the property of anj- individual jejviii 
can, with justice, be taken from him, or applied to public uses, with- 
out his own consent, or that of the representative body of the people. 
In fine, the people of this commonwealth are not controllable by an}- 
other laws than those to which their constitutional representative body 
have given their consent. And whenever the public exigencies require, 
tliat the property of any individual should be appropriated to pubKc 
uses, he shall receive a reasonable compensation therefor. 



14 Gray, 155. 


100 Mass. 644. 560. 


Ill M.lss. 1.30. 


12T Masi 


5. 50, 52, 


Ifl Gray, 417. 431. 


103 Mass. 120, 124. 


113 Mass. 45. 


35s, 363, 


410, 413. 


1 Allen, 150. 


106 Mass. 366,362. 


116 Mass. 46.3. 


120 Masi 


s. 669. 


11 Allen, 530. 


108 Mass. 202, 213. 


126 Mass. 428, 441. 






12 Allen, 223, 230. 











IPic 


k. 418. 


7 I'ic 


k. 344. 


12 Pi 


ek. 184, 467. 


16 Pi 


ek. 87. 


23 Pi 


ck. 360. 


7 Me 


t. 388. 


4 Or; 


av, 474. 


7 Gr 


aV, 363. 


14 G. 


ray. 154. 


1 An 


en, 150. 


4 All 


en, 474. 


Privt 


He prop. 


erty 


nut to le,. 


talsei 


1 forp iblio 


uses 


WitllOLt, 


etc. 

6 Cush. 327. 



20 



CONSTITUTION OF MASSACHUSETTS. 



Remedies, by 
recour(*e to the 
law, to be free, 
complete and 
prompt. 



Prosecutions 
regulated. 
8 Pick. 211. 
10 Pick. 9. 
18 Pick. 434. 
21 Pick. 542. 
2 Met. 329. 
12 Cush. 246. 

1 Gray, 1. 

6 Gray, 160. 
8 Gray, 329. 

10 Gray, 11. 

11 Gray, 438. 

2 Allen, 361. 
11 Allen, 238- 
240, 264, 439, 473. 



Kigbt to trial by 
jury in criminal 
cases, except, 

8 Gray, 329, 373. 
Crimes to be 
proved in the 
vicinity. 
2 Pick. 550. 
Eight of search 
and seizure 
regulated. 
Const, of U. S., 
Amend't IV. 
2 Met. 329. 
5 Cusb. 369. 
1 Gray, 1. 
13 Gray, 454. 
10 Allen, 403. 
100 Mass. 136, 

laeMass. 269, 



Right to trial by 
jury sacred, ea- 
cept, etc. 
Const, of U.S., 
Amend't VH. 
2 Pick. 382. 

7 Pick. 366. 
5 Gray, 144. 

8 Gray, 373. 
11 Allen, 674, 



XI. Every subject of the commonwealth ought to find a certain 
remedj", bv having recourse to the laws, for all injuries or wrongs which 
he may receive in his person, property, or character. He ought to 
obtain right and justice freel}-, and without being obliged to purchase 
it ; completely, and without any denial ; promptly, and without delay ; 
conformably to tne laws. 

XII. No subject shall be held to answer for any crimes or offence, 
until the same is fully and plainl}*, sul:istantially and formally, de- 
scrilied to him ; or be compelled to accuse, or furnish c^■idence against 
himself. And every subject shall have a right to produce all proofs, 
that may be favorable to him ; to meet the witnesses against him face 
to face, and to be fully heard in his defence bj- himself, or his counsel,' 
at his election. And no subject shall be arrested, imprisoned, 
despoiled, or deprived of his property, immunities, or privileges, put 
out of the protection of tlie law, exiled, or deprived of his life, libert}", 
or estate, but bj' the judgment of his peers, or the law of the land. 



12 Allen, 170. 
97 Mass. 570, 573. 
100 Mass. 2S7, 295. 



103 Mass. 418. 

107 Mass. 172, 180. 

108 Mass. 6, 6. 



118 Mass. 443, 451. 
120 Mass. 118, 120. 
122 Mass. 332. 



124 Mass. 464. 
127 Mass. 550, 654. 
129 Mass. 559. 



And the legislature shall not make anj- law, that shall subject anj* 
person to a capital or infamous punishment, excepting for the govern- 
ment of the armj' and navj-, without trial by jury. 103 Mass. 4i8. 

XIII. In criminal prosecutions, the verification of facts, in the 
vicinity where they happen, is one of the greatest securities of the life, 
liberty, and property of the citizen. 121 Mass. ei, 62. 

XIV. Every subject has a right to be secure from all unreasonable 
searches, and seizures, of his person, his houses, his papers, and all 
his possessions. All warrants, therefore, are contraiy to this right, if 
the cause or foundation of them be not pre\'iously supported Ijy oath 
or affirmation, and if the order in the warrant to a civil officer, to 
make search in suspected places, or to arrest one or more suspected 
persons, or to seize their property, be not accompanied with a special 
designation of the persons or objects of search, arrest, or seizure : and 
no warrant ought to be issued but in cases, and with the formalities 
prescribed by the laws. 

XV. In all controversies concerning property, and in all suits 
between two or more persons, except in cases in which it has hereto- 
fore been otherways used and practised, the parties have a right to a 
trial bj* juiy; and this method of procedure shall be held sacred, 
unless, in causes arising on the high seas, and such as relate to mari- 
ners' wages, the legislature shall hereafter find it necessaiy to alter it. 

128 Mass. 600. 



Right to keep 
and bear arras. 
Standing armies 
dangerous. Mil- 
itary power sub- 
ordinate to civil. 
5 Gray, 121. 



Moral obliga. 
tiona of lawgiv- 
ers and magis. 
trates. 



XVI. The liberty of the press is essential to the securit}' of freedom 
in a state : it ought not, therefore, to be restrained in this common- 
w'ealth. 

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, thej' 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, 
moderation, temperance, industiy, and frugalitj', are absolutely neces- 
saiy to preserve the advantages of libert}-, 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 and 
representatives : and they have a right to require of their lawgi^■ers 
and magistrates, an exact and constant observance of them, in the 
formation and execution of the laws necessary for the good adminis- 
tration of the commonwealth. 



CONSTITUTION OF MASSACHUSETTS. 21 

XIX. The people have a right, in an orderly and peaceable manner. Right of people 
to assemble to consult upon the common a:ood ; sive instructions to |o '"struct rep- 

, . . ^ £.11-1.111 rt'sentatives and 

then' representatives, and to request oi the legislative bodj', b}- the petition legisia- 
wa}- of addresses, jictitions, or remonstrances, redress of the wrongs '"'^*^' 
done them, and of tlie grievances the_y suffer. 

XX. The power of suspending the laws, or the execution of the Power to bus- 
laws, ought never to be exercised but by the legislature, or by author- thcirexccnuon"^ 
ity derived from it, to be exercised in such particular cases onlj' as the 
legislature shall expresslj' provide for. 

XXI. The freedom of deliberation, speech .and debate, in either rreedomof de- 
house of the legislature, is so essential to the rights of the people, bate, etc., and 

. ^1^1.,. ? t 1 > reason thereof. 

that it cannot be the loundation oi aiy accusation or prosecution, 
action or complaint, in an}' other court or place whatsoever. 

XXII. The legislature ought frequently to assemble for the redress Frequent ees- 
of grievances, for eoiTecting, strengtliening and confirming the laws, fects'thertof' 
and for making new laws, as tlie common good may require. 

XXIII. No subsidj', charge, tax, impost, or duties, ought to be Taxation found, 
established, fixed. Laid, or levied, under any pretext whatsoever, with- gAii'en^MT!"' 
out tlie consent of the people or their representatives in the legislature. 

XXIV. Laws made to punish for actions done before the existence Erpoit facto 
of such laws, and which have not been declared crimes b}- preceding S^^ij^fn'^loi"^''' 
laws, are unjust, oppressive, .and inconsistent with the fundamental 424,428,434. 
principles of a free government. 

XXV. No subject ousi'ht, in anv case, or in anj" time, to be de- Legislature not 
clared guilty of treason 01" felony by the legisl.ature. [^easmil'e't^f 

XXVI. No magistrate or court of law, shall demand excessive bail Excessivebaiior 
or sureties, impose excessive fines, or inflict cruel or unusu.al punish- punisbmtm™'^' 

mentS. 5 Gray, 482. prohibited. 

XXVII. In time of j)eace, no soldier ought to be quartered in any Xo soldier to be 
house without the consent of the owner ; and in time of war, such lloH'sefuniessr^ 
quarters ought not to be made but by the civil magistrate, in a manner ^tc. 
ordained by the legislature. 

XXVIII. No person can in any case be subject to law-martial, or citizens exempt 
to any penalties or pains, by virtue of that law, except those emploj'ed uai'lun^s^e'tc. 
in the ariuj- or navy, and except the militia in actual service, but by 
authority of the legislature. 

XXIX. It is essential to tlie preservation of the rights of every judges of su. 
individual, his life, liberty, property and cliaractei-, that there be an I'^l;™' ■'"'*'"''' 
impartial interpretation of the laws, and administration of justice. It si'ick. 471. 
is the right of every citizen to be tried by judges as free, impartial and 4 Ai'itn'.lgi'. 
independent as the lot of humanity will admit. It is, therefore, not L*5M°'®fi9 
only the best pohcy, but for the security of the rights of the people, 221,225.' ' 
and of every citizen, that the judges of the supreme judicial court <fm°e"°'^"'"'^ 
should hold their offices as long as they behave themseh'es well ; and 

that they should have honorable s.alaries ascertained and established Salaries. 
b\' standing laws. 

XXX. In the government of this commonwealth, the legislative Separation of 
department shall never exercise the executive and judicial powers, or ciaraildTegis- ' 
either of them : the executive shall never exercise the legislative and '^iti^e depart- 
judicial powers, or either of them: the judicial shall never exercise 2Cu8h. 577. 
the legisl.ative and executive powers, or either of them: to the end it l^nln'l^y'^ss 
may be a government of laws and not of men. us Mass. 317. 100 Mas's. 282, 

•' ° 129 Mass. 659. 286. 

114 Mass. 247, 



22 



CONSTITUTION OF MASSACHUSETTS. 



PART THE SECOND. 

The Frame of Government. 

The people, inhabiting the territory formerly called the Province of 
Massachusetts Bay, do hereby solemnl}' and mutually agree with each 
other, to form themselves into a free, sovereign, and independent 
body politic, or state, hy the name of The Commonm^ealth of Massa- 
chusetts. 



Legislative 
depavtmcnt. 



For change of 
time, etc., eee 
araendmente, 
Art. X. 



Governor's veto. 



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



For exception 
in case of ad- 
journment of 
the general 
. court within 
the five days, 
Bee amend- 
ments, Art. I. 
3 Mass. 667. 
General court 
may constitute 
judicatories, 
courts of record, 
etc. 

8 Gray, 1. 
12'iray, 147,154. 



Courts, etc., 
may administer 
oat us. 



CHAPTER I. 

THE LEGISLATIVE POWER. 

Section I. The General Court. 

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

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

II. No bill or resolve of the senate or house of representatives 
shall become a law, and have force as such, until it shall have been 
laid before the governor for his revisal ; and if he, upon such revision, 
approve thereof, he shall signify his approbation by signing the same. 
But if he have any objection to the passing of such bill or resolve, he 
shall return the same, together with his objections thereto, in writing, 
to the senate or house of representatives, in whichsoever the same 
shall have originated ; who shall enter the objections sent down by the 
governor, at large, on their records, and proceed to reconsider the 
said bill or resolve. But if after such reconsideration, two-thirds of 
the said senate or house of representatives, shall, notwithstanding the 
said objections, agree to pass the same, it shall, together with the 
objections, be sent to the other branch of the legislature, where it 
shall also be reconsidered, and if approved b}' two-thirds of the mem- 
bers present, shall have the force of a law : but in all such cases, the 
votes of both houses shall be determined by yeas and nays ; and the 
names of the persons voting for, or against, the said bill or resolve, 
shall be entered upon the public records of the commonwealth. 

And in order to pre\-ent unnecessary delaj-s, if any bill or res'olve 
shall not be returned by the go\'ernor within five days after it shall 
have been presented, the same shall have the force of a law. 

III. The general court shall forever have full power and authority 
to erect and constitute judicatories and courts of record, or other 
courts, to be held in tlie name of the commonwealth, for the hearing, 
trying, and determining of all manner of crimes, offences, pleas, pro- 
cesses, plaints, actions, matters, causes and things, whatsoever, aris- 
ing or happening within the commonwealth, or between or concerning 
persons inhabiting, or residing, or brought within the same : wlietlier 
the same be criminal or civil, or whether the said crimes be capital or 
not capital, and whether the said pleas be real, personal, or mixed ; 
and for the awarding and making out of execution thereupon. To 
which courts and judicatories are hereby given and granted full power 
and authority, from time to time, to administer oaths or affirmations, 
for the lietter discovery of truth in any matter in controversy or 
depending before them. 



CONSTITUTION OP MASSACHUSETTS. 23 

TV. And further, full power and autliorit}- are hereb3- given and General court 

granted to the said general court, from time to time to make, ordain, ™ay enact laws, 

and establish, all manner of wholesome and reasonable orders, laws, o Qray, 426. 

statutes, and ordinances, directions and instructions, either with pen- 12'AUen, 223, 

alties or without ; so as the same be not repugnant or contrar}' to this j^J-^, .^ 

constitution, as the}- shall judge to be for the good and welfare of this 557. 

commonwealth, and for the government and ordering thereof, and of Jvo.'^"*^" *^'' 
the subjects of the same, and for the necessar}- support and defence may enact 

of the government thereof ; and to name and settle annually, or pro- repugnmtto' 

vide b}' fixed laws, for the naming and settling all civil offlcei's within the constitution, 
the said commonwealth : the election and constitution of whom are „ "' " 'j 

may provide 

not hereafter in this form of government otherwise provided for ; and for the election 

to set forth the several duties, powers and limits, of the several civil "f otSrs r™' 

and militar}- officers of this commonwealth, and the forms of such ii5Mass. 602. 

oaths or affirmations as shall be respectivel_y administered unto them their^duti^B"''*^ 
for the execution of their several offices and places, so as the same 
be not repugnant or contrarj- to this constitution ; and to impose and may impose 

levj' proportional and reasonable assessments, rates and taxes, upon \V^'^''%2 

all the inhabitants of, and persons resident, and estates Ijing, within 5"Aiicn,'428.' 

the said commonwealth; and also to impose, and levy, reasonable s Alien' 247,' 253. 

duties and excises, upon any produce, gootls, wares, merchandise, w Alien, 235. 

and commodities, whatsoever, brought into, produced, manufactured, 12 Aiieni77,223, 

or being within the same; to be issued and disposed of bj- warrant, s^o'lil'lis 600' 

under the hand of the governor of this commonwealth for the time 612! 

being, with the advice and consent of the council, for the public ser- ioo*Mn8«.''285. 

vice, in the necessary defence and support of the government of the i"i m^'s"- s76, 

said commonwealth, and the protection and preservation of the sub- losMass. 267. 

jects thereof, according to such acts as are or shall be in force within Hj ^'^"''- ^**' 

the same. lie Mass. 461. lis Mass. 386,389. 123 Mass. 493, 495. 127 Mass. 413. may impose 

And while the public charges of government, or any part thereof, taxes, etc., to be 

shall be assessed on polls and estates, in the manner that has hitherto defence, protec- 

been practised, in order that such assessments ma}' be made with g Aiira'^247 256. 

equality, there shall be a valuation of estates within the common- Valuation of 

wealth, taken anew once in every ten years at least, and as much estates once in 

^ tJ ' ten years, at 

oftener as the general court shall order. 8 Alien, 247. 126 Mass. 547. least, while, etc 

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



CHAPTER I. 

Section II. Senate. 

Article I. [There shall be annuall}' elected, by the freeholders Senate, numher 

and other inhabitants of this commonwealth, qualified as in this con- "fectcd!'* ™''°'" 

stitution is provided, forty persons to be councillors and senators for Superseded by 

the year ensuing their election ; to be chosen by the inhabitants of the Art.'xm", ^' 

districts, into which the commonwealth may, from time to time, be '"''''='' ™','ll^° 

11 Buperseded by 

divided by the general court for that purpose : and the general court, amendments, 
in assigning tlie numbers to be elected by the respective districts, -^■''•^'^U- 
shall govern themselves by the proportion of the public taxes paid by 
the said districts ; and timely make known to the inhabitants of the For provision as 
commonwealth, the limits of each district, and the number of coun- see'^amend"'' 
cillors and senators to be chosen therein ; provided, that the number ments. An. 
of such districts shall never be less than thirteen ; and that no dis- 
tiict be so large as to entitle the same to choose more than sis senators. 

And the several counties in this commonwealth shall, until the Counties to be 
general court shall determine it necessaiy to alter the said districts, eto.'"^ ^' ' 
be districts for the choice of councillors and senators, (except that 
the counties of Dukes County and Nantucket shall form one district 
for that purjijose) and shall elect the following number for councillors 



24 



CONSTITUTION OF MASSACHUSETTS. 



stnators and 
councillors. 
Tiraeof ilection 
changed by 
amendments, 
Art. X., and 
changed again 
hy .amendments, 
Art. XV. 
Ae to cities, pee 
amendments, 
Art. II. 
These pro- 
visions as to the 
qualifications of 
voters, super. 
Beded by amend- 
ments. Arts. 
III., XX. and 
XXVIII. 
Word •* inhabit- 
ant" delined. 
See also araend- 

XXIlf., which 
was annulled by 
Art. XXVI. 
Selectmen to 
preside at town 
meetings. 

Return of votes. 



As to cities, 
amendments 
Art. 11. 



Time changed 
to first Wednes- 
day of January. 
See amend- 
ments. Art. X. 



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



Plantalion 
meetings. 
Time of elec- 
tion changed 
by amend- 
ments, .A.rt. XV. 
Assessors to 
notify, etc. 



Governor and 
council to ex- 
amine and count 
votes, and issue 
Bumraonses. 
Time changed 



and senator.?, viz.: — Suffolk, six; Essex, six; Middlesex, five; 
Hampshire, four ; Pl^'moiitli, three; Barnstable, one ; Bristol, three ; 
York, two ; Dukes County and Nantucket, one ; Worcester, five ; 
Cumberland, one ; Lincoln, one ; Berkshire, two.] 

II. The senate shall be the first branch of the legislature ; and 
the senators shall be chosen in the following manner, viz. : there 
shall be a meeting on the [first INIonday in April,] annually, for- 
ever, of the inhabitants of each town in the several counties of this 
commonwealth ; to lie called lij' the selectmen, and warned in due 
course of law, at least seven days before the [first INIonday in April,] 
for the purpose of electing persons to be senators and councillors ; 
[and at such meetings every male inhabitant of twenty-one years of 
age and upwards, having a freehold estate within the commonwealth, 
of the annual income of three pounds, or any estate of the value of 
sixty pounds, 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 "inhabitant" in this 
constitution, every person shall be considered as an inhabitant, for 
the purpose of electing and being elected into any office, or place 
within this state, in that town, district or plantation, where he 
dwelleth, or hath his home. 12 Gray, 21. 122 Mass. 595, 597. 

The selectmen of the several towns shall preside at such meetings 
impartially ; and shall receive the votes of all the inhabitants of such 
towns present and qualified to vote for senators, and shall sort and 
count them in ojjen town meeting, and in presence of the town clerk, 
who shall make a l;iir record, in presence of the selectmen, and in 
open town meeting, of the name of eveiy person voted for, and of 
the number of votes against his name : and a fair copy of this record 
shall be attested by the selectmen and tlie town clerk, and shall be 
sealed up, directed to the secretaiy of the commonwealth for the time 
being, with a superscription, expressing the purport of the contents 
thereof, and delivered by the town clerk of such towns, to the sheriff 
of the county in which such town lies, thirty days at least before 
[the last Wednesday' in Maj-] annuallj' ; or it shall be delivered into 
the secretary's office seventeen days at least before the said [last 
Wednesday in Maj- :] and the sherifl!" of each count}- shall deliver all 
such certificates by him received, into the secretar3''s office, seventeen 
days before the said [last Wednesday in Maj-.] 

And the inhabitants of plantations unincorporated, qualified as this 
constitution provides, who are or shall be empowered and required to 
assess taxes upon themselves toward the support of government, shall 
have the same privilege of A-oting for councillors and senators in the 
l)lantations where they reside, as town inhabitants have in their respec- 
tive to^ns ; and the plantation meetings for that purpose shall bo held 
annually [on the same first Monday in April], at such place in the 
plantations respectively, as the assessors thereof shall direct; whicli 
assessors shall have like authority for notifying the electors, collect- 
ing and returning the votes, as the selectmen and town clerks have in 
their several towns, bj- this constitution. And all other persons living 
in places unincorporated (qualified as aforesaid) who shall be assessed 
to the support of government bj- the assessors of an adjacent town, 
shall have the privilege of giving in their votes for councillors and 
senators, in the town where they shall be assessed, and be notified of 
the place of meeting by the selectmen of the town where the}' shall 
be assessed, for that purpose, accordinglj-. 

III. And that there may be a due convention of senators on the 
[last Wednesday in May] annualh-, the governor with five of the coun- 
cil, 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 



CONSTITUTION OF MASSACHUSETTS. 25 

issue his summons to such persons as shall appear to be chosen bj [? >o first Wednes- 

majoritj" of] voters, to attend on that day. and take their seats accord- byamcndml'n't^. 

inglv : provided, nevertheless, that for tlu' liiNt vear the said returned :V.'-^' 

copies shall bo examined b_y the president and Ave of the council of eiiangedto 

the former constitution of goverinneut ; and the said president shall, amendmems 

in lilve manner, issue his summons to the persons so elected, that the}' Art. xiv. 
may take their seats as aforesaid. 

IV. Tlie senate shall be the final judge of the elections, returns Senateto bl- 
and qualifications of their own members, as pointed out iu the con- ei°cHons%t'i., 
stitutioQ ; and shall, [on the said last Wednesday iu May] annually, of its own mem. 
determine and declare ^vho are elected by each district, to be senators Time changed 
[by a majority of votes ; and in case there shall not appear to be the Ifav Sjlnuar' 
full number of sen.ators returned elected by a majority of votes for by amendments,, 
any district, the deficiency shall be supplied iu the following manner, Majority 

viz. : The members of the house of representatives, and such senators cij-ingedto 

as shall be declared elected, shall take the names of such persons as aniend'menw, 

shall be found to have the highest number of votes in such district, -■^'■'' •'^'^• 
and not elected, amounting to twice the number of senators wanting, 

if there be so many voted for ; and out of these shall elect by ballot Vacancies, how 

a number of senators suflicient to fill up the vacancies in such district ; changed to 

and in this manner all such vacancies shall be filled up in every dis- election by 

trict of the commonwealth ; and in like manner all vacancies in the §ee'amend- 

senate, arising by death, removal out of the state, or otherwise, shall ^/v^^"' 
be supplied as soon as may be, after such vacancies shall happen.] 

V. Provided, nevertheless, that no person shall be capable of Qualifications oi 
being elected as a senator, [who is not seised in his own right of a propenyquaii- 
freehold, within this commonwealth, of the value of three hundred flcauon aboi- 
pounds at least, or possessed of personal estate to the value of six see amend- 
hundred pounds at least, or of both to the amount of the same sum, mems, Art. 
and] who has not been an inhabitant of this commonwealth for the For further pro. 
space of fl^'e jears immediately preceding his election, and, at the l'i^^"dlncQ%ee 
tmie of his election, he shall be an inhabitant in the district for which aisoamend- 

1 1111 1 mcnts, Art. 

he shall be chosen. xxii. 

VI. The senate shall have power to adjourn themselves, provided Senate not to 
such adjournments do not exceed two days at a time. Ui.an'two'days. 

VII. The senate shall choose its own president, appoint its own ^^^^^ ?''s°?^d 
officers, and determine its own rules of proceedings. establish its 

VIII. The senate shall be a court with full authority' to hear and "''!^*' 
determine all impeachments made by the house of representatives, impeachments, 
against anj' officer or ofllcers of the commonwealth, for misconduct 

and mal-administration in their offices. But previous to the trial of 
every impeachment the members of the senate shall respectively be 

sworn, truly and impartiallj' to try and determine the charge in ques- Oath, 

tion, according to evidence. Their judgment, however, shall not Limitation of 
extend further than to removal from office and disqualification to hold 
or enjoj' anj- place of honor, trust, or profit, under this common- 
wealth : but the party so convicted, shall be, nevertheless, liable to 
indictment, trial, judgment, and punishment, according to the laws 
of the land. 

IX. Not less than sixteen members of the senate shall constitute Quorum. 

, . , . For further pro 

a quorum lor donig business. 



amendment 
Art. SXII. 



CHAPTER I. 

Section III. House of Representatives. 

Article I. There shall be, in the legislature of this common- 
wealth, a representation of the people, annually elected, and founded 
upon the principle of equalitj . 



26 



CONSTITUTION OF MASSACHUSETTS. 



Representa- 
tives, by whom 
chosen. 

Superseded by 
amendments, 
Arts. XII. and 
XIII., which 
were also 
superseded by 
amendments, 
Art. XXI. 
7 Mass. 623. 



Proviso as to 
towns having 
less than 150 
ratable polls. 



Expenses of 
travelling to 
and from the 
general court, 
bow paid. 



Qualifications of 
a representative. 
New provision 
as to residence. 
See amend- 
ments, Art. 
XXI. 

Property quali- 
fications abol- 
ished by amend- 
ments. Art. 

xm. 

Qualifications of 
a voter. 
These pro- 
visions super- 
seded by 
amendments. 
Arts. III., XX. 
and XXVIII. 



Representa- 
tives, when 
chosen. 



House to origi- 
nate all money 
bills. 



not to adjourn 
more than two 
days. 



quorum. 
Superseded by 
amendments. 
Art. XXI. 

to judge of 
returns, "etc., of 

bers ; to choose 
its officers and 
establish its 
rules, etc. 

may punish 
for certain 
i.m-iices. 
■14 Gray, 226. 



II. [And in order to provide for a representation of tlie citizens of 
this commonwealth, founded upon the principle of equality, every 
corporate town, containing one hundred and flftj' ratalile polls, may 
elect one representative ; every corporate town containing three hun- 
dred and seventy-five ratable polls, may elect two representatives ; 
every corporate town containing six hundred ratable polls, maj' elect 
three representatives ; and jn'oceeding in that manner, making two 
hundred and twentj'-five ratable polls the mean increasing number for 
every additional representative. 

Provided, nevertheless, that each town now incorporated, not having 
one hundred and fifty ratable polls, ma}' elect one representative ; but 
no place shall hereafter be incoi-poratecl with the prixilege of electing 
a representative, unless there are within the same one hundred and 
fift}- ratable polls.] 

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

The expenses of travelling to the general assembly, and returning 
home, once in every session, and no more, shall be paid b}' the gov- 
ernment, out of the public treasury-, to ever}- memljer who shall attend 
as seasouabl}' as he can, in the judgment of the house, and does not 
depart without leave. 

III. Every member of the house of representatives shall be chosen 
by written votes ; [and, for one 3-ear at least next preceding his elec- 
tion, shall have been an inhabitant of, and have been seised in his 
own right of a freehold of the value of one hundred pounds within 
the town he shall be chosen to represent, or any ratable estate to the 
value of two hundred pounds ; and he shall cease to represent the 
said town, immediately on his ceasing to be qualified as aforesaid.] 

IV. [Every male person, being twenty-one years of age, and resi- 
dent in any particular town in this commonwealth for the space of 
one j-ear next preceding,, having a freehold estate within the same 
town, of the annual income of three pounds, or any estate of the 
value of sixty pounds, shall have a right to vote in the choice of a 
representative, or representatives for the said town.] 

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

V. [The members of the house of representatives shall be chosen 
annually in the month of Maj', ten days at least before the last 
"Wednesday of that month.] 

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

VI. The house of representatives shall be the grand inquest of this 
commonwealth ; and all impeachments made b}' them shall be heard 
and tried by the senate. 

VII. All mone}' bills shall originate in the house of representa- 
tives ; but the senate may propose or concur with amendments, as on 
other bills. 

VIII. The house of representatives shall have power to adjourn 
themselves ; provided such adjournment shall not exceed two daj-s at 
a time. 

IX. [Not less than sixty members of the house 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 offi- 
cers, and settle the rules and orders of proceeding in tlieir own house. 
They shall have authority to punish bj- imprisonment, every person, 
not a member, who shall be guilty of disrespect to the house, by any 
disorderly, or contemptuous behavior, in its presence ; or, who, in the 
town where the general court is sitting, and during the time of its sit- 



CONSTITUTION OF MASSACHUSETTS. 27 

ting, shall threaten liarm to the body or estate of any of its members, 
for any thing said or done in the liouse ; or who shall assault an_y of 
them therefor ; or who sliall assault, or arrest, any witness, or other 
person, ordered to attend the house, in his wa}* in going or returning ; 
or who shall rescue any i)erson arrested bj' the order of the house. 

And no member of the house of representatives shall be arrested, or Privileges of 
hold 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 Senate, 
the governor and council shall have the same authority to punish in TOmfcUmay"^ 
like cases : provided, that no imprisonment on the warrant or order punish, 
of the governor, council, senate, or house of representatives, for either tion."'" '"" " 
of the above described offences, be for a term exceeding thirty days, u Gray, 226. 

And the senate and house of representatives maj' trj', and deter- Trial may be by 
mine, all cases where their rights and privileges are concerned, and otSrwise!' °' 
which, by the constitution, thej- have authority to try and determine, 
by commitees of tlieir own members, or in such other way as they 
maj' respectively think best. 

CHAPTER II. 

EXECUTIVE POWER. 

Section I. Oovernor. 

Article I. There shall be a supreme executive magistrate, who Governor, 
shall be stj'led — The Governor of the Cojimonwealth of IMassa- 

CHusETTs ; and whose title shall be — His Excellency. His title. 

II. The governor shall be chosen annually ; and no person shall he To be chosen 
eligible to this otlice, unless at the time of his election, he shall liave Qjiaymcations. 
lieen 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, Requiromentof 
of a freehold, within the commonwealth of the value of one thousand ral'll^aboiisiied 
pounds : fand unless he shall declare himself to be of the christian by amund- 
rehgion.] vii. 

III. Those persons who shall be qualified to vote for senators and By whom cho- 
representatives within the several towns of this commonwealth, shall, majmUy'o'f'™ * 
at a meeting to bo called for that purpose, on the [first Monday of votes. 
April] annually, give in their votes for a governor, to the selectmen, Timeof eiec- 
who shall preside at such meetings ; and the town clerk, in the pres- amendmems ^^ 
enee and with the assistance of the selectmen, shall, in open town Art. x., and 
meeting, sort and count the votes, and form a list of the persons voted byHmcndmems, 
for, with the number of votes for each person against his name ; and ^"- ^^• 
shall make a fair record of the same in the town books, and a public As to cities, see 
declar.ation thereof in the said meeting ; and shall, in the presence of ^^n?™'"' 
the inhabitants, seal up copies of the said list, attested by him and 

the selectmen, and transmit the same to the sheriff of the countj', 
thirty days at least before the [last Wednesdaj' in May] ; and the Time changed 
slieriff shall transmit the same to the secretary's office, seventeen day o^f January 
d.ays at least before the said [last Wednesda_y in Ma3'] ; or the select- by amendments, 
men raaj' cause returns of the same to be made to the office of the sec- 
retary of the commonwealth, seventeen da_ys at least before the said 
day ; and the secretary shall lay the same before the senate and the 
house of representatives, on the [last Wednesday in Maj-], to be bj' changed to 
them examined ; and [in case of an election by a majority of all tlie ^mei'Jdmun^, 
votes returned] , the choice shall be by them declared and pubhshed ; Art. xiv. 
[but if no person shall have a majority of votes, the house of repre- How chosen, 
sentatives shall, b}- ballot, elect two out of four persons who had the ^jjf'^ ^.^jPorUy? 
higliest number of votes, if so many shall have been voted for ; but, 
if otherwise, out of the number voted for ; and make return to the 



28 



CONSTITUTION OF MASSACHUSETTS. 



Power of gov- 
ernor, and of 
governor and 



May adjourn or 
prorogue the 
general court 
upon request, 
and convene 
the same. 
As to dissolu- 
tion, see amend- 
ments, Art. X. 



As to dissolu- 
tion, see amend- 
ments. Art. X. 
Governor and 
council may 
adjourn the gen- 
eral court in 
cases, etc., but 
not exceeding 
ninety days. 

G-ovemor to be 
commander-in- 
chief. 



senate of the two persons so elected ; on which the senate shall pro- 
ceert, bj- ballot, to elect one, who shall be declared governor.] 

IV. The governor shall have authority, from time to time, at his 
discretion, to assemble and call together the councillors of this com- 
monwealth for the time being ; and the governor with the said council- 
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 aflfairs of the 
commonwealth, agreeably' to the constitution and the laws of the land. 

v. The governor, with advice of council, shall have full power and 
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 dis- 
solve the same on the da}- next preceding the last Wednesday in May ; 
and, in the recess of the said court, to prorogue the same from time 
to time, not exceeding ninety days in any one recess ;] and to call it 
together sooner tlian the time to which it may be adjourned or pro- 
rogued, if the welfare of the commonwealth shall require the same ; 
and in case of aiy infectious distemper prevailing in the place where 
the said court is next at anj' time to convene, or any other cause hap- 
pening, wherebj' danger may arise to the health or lives of the mem- 
bers 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 daj' 
next preceding the last Wednesday in May.] 

VI. In cases of disagreement between the two houses, with regai'd 
to the necessity, expediency or time of adjournment or prorogation, 
the governor, with advice of the council, shall have a right to adjourn 
or prorogue the general court, not exceeding ninety days, as he shall 
determine the pulilic good shall require. 

VII. The governor of this commonwealth, for the time being, shall 
be the commander-in-chief of the armj- and navy, and of all the military 
forces of the state, by sea and land ; and shall have full power, by 
himself, or bj' an}- commander, or other officer or officers, from time to 
time, to train, instruct, exercise and govern the militia and navy ; and. 
for the special defence and safety of the commonwealth, to assemble 
in martial array, and put in warlike posture, the inhabitants thereof, 
and to lead and conduct them, and with them, to encounter, repel, 
resist, expel and pursue, by force of arms, as well by sea as b}" land, 
within or without the limits of this commonwealth, and also to kill, 
slay and destroy, if necessary, and conquer, b}- all fitting ways, enter- 
prises, and means whatsoever, all and everj' such person and persons 
as shall, at any time hereafter, in a hostile manner, attempt or enter- 
prise the destruction, invasion, detriment, or annoj'ance of this com- 
monwealth ; and to use and exercise, over the arm}- 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 uecessaril}- require ; and to take and surprise, 
by all ways and means whatsoever, all and every such person or per- 
sons, with their ships, arms, ammunition and other goods, as shall, in a 
hostile manner, invade, or attempt the invading, conquering, or anno\- 
ing this commonwealth ; and that the governor be intrusted with all 
these and other powers, incident to the oflftces of captain-general and 
commander-in-chief, and admiral, to be exercised agreeably to the 
rules and regulations of the constitution, and the laws of the land, 
and not otherwise. 

Provided, that the said governor shall not, at an}' time hereafter, by 
virtue of any power by this constitution granted, or hereafter to be 
granted to him by the legislature, transport an}- 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 



CONSTITUTION OF MASSACHUSETTS. 29 

general court ; except so far as may be necessary to march or transport 
them by land or water, for the defence of such part of the state to 
which the}' cannot otherwise convenientlj- have access. 

VIII. The power of pardoning offences, except such as persons Governor and 
may be convicted of before the senate by an impeachment of the parSonoffences 
house, shall be in the governor, by and with the advice of council; except, etc. 
but no charter of pardon, granted b}' the governor, with advice of the 

council before conviction, sliall avail the party pleading the same, not- 
withstanding anj' general or particular expressions contained therein, But not befoio 
descriptive of tlie offence or offences intended to be pardoned. io9Maas"3''3 

IX. All judicial officers, [the attorney-general,] the solicitor-gen- Judicial offl- 
eral, [all slierift's,] coroners, [and registers of probate,] shall be nom- nom'iniu'd'Tnd 
inated and appointed by the governor, by and with the advice and appointed, 
consent of the council ; and evevy such nomination shall be made by a8"to'eiec't'io'n ' 
the governor, and made at least seven days prior to such appointment. °fngra'i"8ee 

For provision as to election of elieritls, registers of probate, etc., see amendments, Art. XIX. amendments, 

For provision aa to appointment of notaries puljlic, see amendments, Art. IV. Art. XVII. 



X. The captains and subalterns of the mihtia, shall be elected by Militia officers, 
the written votes of the train-band and alarm list of their respective Limit'at'ion'of 
companies, [of twenty-one years of age and upwards ;] the field officers "g« struck out 
of regiments shall be elected by the written votes of the captains and mM^t^.'^Art. v. 
subalterns of their respective regiments ; the brigadiers shall be 

elected, in like manner, by the field officers of their respective bri- 
gades ; and sucli officers, so elected, shall be commissioned bj- the gov- How commia- 
ernor, who shall determine their rank. "'""'^ ' 

The legislature shall, by standing laws, direct the time and manner Election of 

of convening tlie electors, and of collecting votes, and of certifying °^'=<=''^- 
to the governor, the officers elected. 

The major-generals shall be appointed b}- the senate and house of Major-generals, 

representatives, each having a negative upon the other ; and be com- anacom'm/s'.'^'^ 

missioned by the governor. sioned. 

For provisions as to appointment of a commissary -general, see amendments. Art. IV. 

And if the electors of brigadiers, field officers, captains or subal- yacancies, how 
terns, shall neglect or refuse to make such elections, after being duly K'^^'d. m ease, 
notified, according to the laws for the time being, then the governor, 
with advice of council, shall appoint suitable persons to fill such offices. 

[Antl no officer, duly commissioned to command in the militia, officers duly 
sliall be removed from liis office, but by the address of botli houses h^'r^move'd.' 
to tlie governor, or bj- fair trial in court-martial, pursuant to the laws Superseded by 
of tlie commonwealth for the time being.] Art. iv. 

Tlie commanding officers of regiment;s shall appoint their adjutants Adjutants, etc., 
and quartermasters ; the brigadiers their brigade-majors ; and the ''"'^ appointed, 
major-generals their aids ; and the governor shall appoint the adjutant- 
general. 

The governor, with advice of council, shall appoint all officers of the Army officers, 
continental army, whom by the confederation of the United States it i^ow appointed. 
IS provided that tliis commonwealth shall appoint, as also all officers 
of forts and garrisons. 

The divisions of the militia into brigades, regiments and companies, OrKanization of 
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 sliall be altered in pursuance of some future law. 

XI. No moneys shall be issued out of the treasuiy of this com- Money, how 
inon wealth, and disposed of (except such sums as maj' be appropriated ^''''Y"/'°ex"'* 
for the redemption of bills of credit or treasurer's notes, or for the cept,etc.'_ 
payment of interest arising thereon) but by warrant under the liand i3-^"™'083. 
of the governor for the time being, with tlie advice and consent of the 

council, for the necessary defence and support of the commonwealth ; 
antl for the protection aiul preservation of the inhabitauts thereof, 
agreeably to the acts and resolves of the general court. 



:30 



CONSTITUTION OF MASSACHCSETTS. 



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



Salary of 
governor. 



Salaries of jus- 
tices of BUpreni 
judicial court. 
Salaries to be 
enlarcfed if 
iiiBUfficieut. 



XII. All public boards, the commissaiy-gener.il, all superintending 
officers of public magazines and stores, belonging to this common- 
wealth, and all commanding officers of forts and garrisons within the 
same, shall once in every three months, offlciallj', and without requisi- 
tion, 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 property whatever under their care respectivelj- ; distin- 
guishing the quantity, number, qualitj' and kind of each, as partic- 
ularly as may be ; together with the condition of such forts and 
garrisons ; and the said commanding officer shall exhibit to the gov- 
ernor, 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 comminiieate to 
the governor, as soon as maj' be after receiving the same, all letters, 
despatches, and intelligencies of a public nature, which shall be 
directed to them respectively. 

XIII. As the public good requires that the governor should not be 
luider the undue influence of anj' of the memljers 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 dignit}' of the commonwealth 
in the character of its chief magistrate, it is necessary that he should 
have an honorable stated salarj-, of a fixed and permanent 'walue, 
amply sufficient for those purposes, and established by standing laws: 
and it shall be among the first acts of the general court, after the com- 
mencement of this constitution, to establish such salary bj- law accord- 
ingly. 

Permanent and honorable salaries shall also be established bj' law 
for the justices of the supreme judicial court. 

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



Lieutenant- 
governor; Ilia 
title and qualifi- 
cations. Tbe 
requirement of 
a declaration of 
belief in the 
christian 
religion was 
abolished by 
amendments. 
Art. VII. 

How chosen. 
Election by 
plurality pro- 
vided for by 
amendments. 
Art. XIV. 

IVesident of 
council. 
Lieutenant- 
governor a 
member of, 
except, etc. 
Lieutenant- 
governor to be 
ai-ting governor. 



CHAPTER II. 

Section II. Lieutenant-Governor. 

Article I. There shall be annuallj' elected a lieutenant-governor 
of the commonwealth of Massachusetts, .whose title shall be — His 
Honor; and who shall be qualified, in point of [religion,] propertj', 
and residence in the commonwealth, in the same manner with the 
governor ; and the day and manner of his election, and the qualifica- 
tions of the electors, shall be the same as are required in the election 
of a governor. The return of the votes for this officer, and the dec- 
laration of his election, shall be in the same manner ; [and if no one 
l)crson shall be found to have a m.ajority of all the votes returned, 
the vacancy shall be filled by the senate and house of representatives, 
in the ssime manner as the governor is to be elected, in case no one 
lierson shall have a majorit}' of the votes of the people to be gov- 
ernor.] 

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

III. Whenever the chair of the governor shall be vacant, b\' reason 
of his death, or absence from the commonwealth, or otherwise, the 
lieutenant-governor, for the time being, shall, during such vacancy, 



COXSTITUTION OF MASSACHUSETTS. 31 

perform all the duties incumbent upon the governor, and shall have 
and exercise all the powers and authorities, which b}- this constitution 
the governor is vested with, when personally present. 

CHAPTER II. 

Section III. Council, and the Manner of settling Elections bji the 
Legislature. 

Article I. There shall be a council for advising the governor in council, 

the executive part of the government, to consist of [nine] persons ^"^^^^l°l 

besides tlie lieutenant-governor, whom the governor, for the time changed to 

being, shall have full power and authority, from time to time, at his sle'amend- 

discretion, to assemble and call together ; and the governor, with the ™?pt8, Art. 
said councillors, or five of them at least, shall and mav, from time to 
time, hold and keep a council, for the ordering and directing the 
affairs of the commonwealth, according to the laws of the land. 

II. [Nine councillors shall be annualh" chosen from among the xumber; from 
persons returned for councillors and senators, on the last AVednesda}- "''o™. "nd how 
in Ma}', by the joint ballot of the senators and representatives assem- Moditio'd by 
liled in one room ; and in case there shall not be found upon the first An's'l'x^'and' 
choice, the whole number of nine persons who will accept a seat in ^ni. 

the council, the deficiency shall be made up b}- the electors aforesaid ammdmeats/ 

from among the people at large ; and the number of senators left ^*- ^^i- 

shall constitute the senate for the year. The seats of the persons thus come°co"acii*' 

elected from the senate, and accciJliiio- the trust, shall be vacated in lors, their seats 

the senate.] ^ to be vacated. 

III. The councillors, in the civil arrangements of the common- Rank of 
wealth, shall have rank ne.Kt after the lieutenant-governor. councillors. 

IV. [Not more than two councillors shall be chosen out of an^^ No district to 

one district of this commonwealth.] Superseded by amendments, Art. XVI. [\^.™ '""'''^ ^^^ 

V. The resolutions and advice of the council shall be recorded in Register of 
A register, and signed by the memljers present ; and this record may "^""loii. 
be called for at any time b\' either house of the legislature ; and a.ny 
member of the council may insert his opinion, contrary to the resolu- 
tion of the majoritj-. 

VI. "Whenever the office of the governor and lieutenant-governor council to exer- 
shall be vacant, bv reason of death, absence, or otherwise, then the cise the power 

• 1 .1*; /ii ini. of governor in 

council, or the major part of them, shall, during such vacanc}', have case, etc. 
full power and authority to do, and execute, all and everj- such acts, 
matters and things, as the governor or the lieutenant-governor might 
or could, by virtue of tliis constitution, do or execute, if they, or either 
of them, were personall}- present. 

VII. [And whereas the elections appointed to be made, by this Elections may 
constitution, on the last Wednesda}' in May annuallj', by the two uni"{'''e"™"* 
houses of the legislature, may not be completed on that da}', 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 va- Order thereof, 
cancies in the senate, if any, shall first Vjc filled up ; the governor and fmentotnts^ 
lieutenant-governor shall then be elected, provided there should be no Arts. xvi. and 
choice of them bv the iieo})le ; and afterwards the two houses shall 

proceed to the election of the council.] 

CHAPTER II. 

Section IV. Secretary, Treasurer, Commissary, etc. 
Article I. [Tlie secretary, treasurer and receiver-general, and the Secretary, 



co;nmissar}--general, notaries public, and] naval officers, shall be Jl^'^ehosi 



vhom f 
..^ ,cl 

chosen annually, by joint ballot of the senators and representatives Forpiv 



to election of 



32 



CONSTITUTION OF MASSACHUSETTS. 



secretary, treas- 
urer and re- 
ceiver-general, 
and auditor and 
attorney-gen- 
eral, see amend- 
mentB, Art. 
XVII. 



Secretary to 
keep records ; 
to attend the 
governor and 



in one room. And, that the citizens of tliis commonwealtli may be 
assured, from time to time, tliat tlie monej-s remaining in the public 
treasuiy, upon tlie settlement and liquidation of the public accounts, 
are their propertj', no man shall be eligible as treasurer and receiver- 
general more than five years suecessivel}-. 

Treasurer ineligible for more than five successive years. For pnn-ision aa to appointment of 
notaries public and the coinmissary-general, see amendments, Art. IV. 

II. The records of the commonwealth shall be kept in the office 
of the secretar3-, who maj- appoint his deputies, for whose conduct he 
shall be accountable ; and he shall attend the governor and council, 
the senate and house of representatives, in person, or by his deputies, 
as they shall respectively require. 



CHAPTER III. 



Tenure of all 
commissioned 
oiEcers to be 
expressed. 
Judicial officers 
to hold otEce 
during good 
behavior, ex- 
cept, etc. 
But may be 
removed on 
address. 
Justices of su- 
preme .judicial 
court to give 
opinions when 
required. 
Justices of the 
peace; tenure 
of their office. 
3 Cush. 584. 



Provisions for 

holding probate 

courts. 

12 Gray, 147. 



other pro- 
visions made 
by law. 



JUDICIARY POWER. 

Article I. The tenure, that all commission officers shall by law 
have in their offices, shall be expressed in their respective commis- 
sions. All judicial officers, dulj" appointed, commissioned and sworn, 
shall hold their offices during good behavior, excepting such concerning 
whom tiiere is different provision made in this constitution : provided, 
nevertheless, the governor, with consent of the council, may remove 
them upon the address of both houses of the legislature. 

II. Each branch of the legislature, as well as the governor and 
council, shall have authority to require the opinions of the justices of 
the supreme judicial court, upon important questions of law, and uijon 

solemn occasions. 122 Mass. eOO. 126 M.iss. 667,661. 

III. In order that the people may not suffer from the long con- 
tinuance in place of an^' justice of the peace, who shall fail of dis- 
charging the important duties of his office with ability or fidelity, all 
commissions of justices of the peace shall expire and become void, in 
the term of seven jears from their respective dates; and, upon the 
expiration of any commission, the same may, if necessary, be renewed, 
or another person appointed, as shall most conduce to the well being 
of the commonwealth. 

IV. The judges of probate of wills, and for granting letters of 
administration, shall hold their courts at such place or places, on fixed 
days, as the convenience of the people shall require ; and the legisla- 
ture shall, from time to time, hereafter, appoint such times and places ; 
until which appointments, the said courts shall be holden at the times 
and places which the respective judges shall direct. 

V. All causes of marriage, divorce, and alimony, and all appeals 
from the judges of probate shall be heard and determined by the gov- 
ernor and council, until the legislature shall, b}" law, make other pro- 
vision. 105 Mass. 327. 116 Mass. 317. 



CHAPTER IV. 



DELEGATES TO CONGRESS. 

Delegates to The delegates of this commonwealth to the congress of the United 

congress. States, shall, some time in the month of June, annually, be elected 

b}' the joint ballot of the senate and house of representatives, assem- 
bled together in one room ; to serve in congress for one jear, to com- 
mence on the first Monday in November then next ensuing. The^'' 
shall have commissions under the hand of the governor, and the great 
seal of the commonwealth ; but may be recalled at any time within 
the vear, and others chosen and commissioned, in the same manner, 
in their stead. 



CONSTITUTION OF MASSACHUSETTS. 



33 



CHAPTER V. 



THE TTNIVERSITT AT CAMBRIDGE, AND ENCOUKAGEMEKT OP LITERA- 
TUKE, ETC. 

Section I. The University. 

Article I. "Whereas our wise and pious ancestors, so earl}' as the 
year one thousand six hundred and thirty-six, laid the foundation 
of Harvard College, in which universitj' vaawy persons of great emi- 
nence have, by tlie blessing of God, been initiated in those arts and 
sciences, which qualified them for public employments, both in church 
and state ; and whereas the encouragement of arts and sciences, and 
all good literature, tends to the honor of God, the advantage of the 
christian religion, and the great benefit of this and the other United 
States of America, — it is declared, that the President and Fellows 
OP Harvard College, in their corporate capacit}", and their suc- 
cessors in that capacitj', their officers and servants, shall ha\'e, hold, 
use, exercise and enjoj", all the powers, authorities, rights, liberties, 
privileges, immunities and franchises, which the}- now have, or are 
entitled to have, hold, use, exercise and enjoy ; and the same are 
hereby ratified and confirmed unto them, the said president and fellowa 
of Harvard College, and to their successors, and to their officers and 
servants, respectively, forever. 

II. And whereas there have been at sundry times, by divers per- 
sons, gifts, grants, devises of houses, lands, tenements, goods, chattels, 
legacies 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 the president and fellows of Harvard College, and to 
their successors in the capacity aforesaid, according to the true intent 
and meaning of the donor or donors, grantor or grantors, devisor or 
devisors. 

III. And whereas, by an act of the general court of the colony of 
Massachusetts Bay, passed in the year one thousand six hundred and 
forty-two, the governor and deputy-governor, for the time being, and 
all the magistrates of tliat 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 consti- 
tution 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 this com- 
monwealth, are, and shall be deemed, their successors, who, with the 
president of Harvard College, for the time being, together with the 
ministers of the congregational churches in the towns of Cambridge, 
Watertown, Charlestown, Boston, Roxbury, and Dorchester, mentioned 
in tlie said act, shall be, and hereby are, vested with all the powers and 
authorit}' belonging, or in any way appertaining to the overseers of 
Harvard College ; provided, that nothing herein shall be construed to 
prevent the legislature of this commonwealth from making such altera- 
tions in the government of tlie said universit}', as shall be conducive 
to its advantage, and the interest of the republic of letters, in as full 
a manner as might ha\e been done by the legislature of the late Prov- 
ince of the Massachusetts Bay. 



Harvard 
College. 



Powers, prlvl* 
leges, etc., of 
the president 
and fellows, 
confirmed. 



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



Power of altera, 
tion reserved to 
the legislature. 



34 



CONSTITUTION OF MASSACHUSETTS. 



Duty of legisla- 
tures and magis- 
trates in all 
future periods. 
For further pro- 
visions as to 
public schools, 
see amend- 
ments. Art. 
-Will. 
1 2 Allen, 600- 
;)l)3. 
103 Mass. 94, 97. 



CHAPTER V. 

Section II. Tin Encouragement of Literature, etc. 

Wisdom, and knowledge, as well as virtue, diffused generalh' among 
the bodj- of the people, being necessary for the preservation of their 
rights and liberties ; and as these depend on spreading the opportuni- 
ties and advantages of education in the various parts of the country, 
and among the different orders of the people, it shall be the duty of 
legislatures and magistrates, in all future periods of this common- 
wealth, to cherish the interests of literature and the sciences, and all 
seminaries of them ; especially the universit}' at Cambridge, public 
schools and grammar schools i- the towns ; to encourage private socie- 
ties and public institutions, rewards and immunities, for the promotion 
of agriculture, arts, sciences, commerce, trades, manufactures, and a 
natural history of the country ; to countenance and inculcate the prin- 
ciples of humanity and general benevolence, public and private charity, 
industry and frugalitj-, honesty and punctuality in their dealings ; 
sincerity, good humor, and all social affections, and generous senti- 
ments, among the people. 



CHAPTER VI. 



Abolished. See 
amendments, 
Art. VII. 



Declaration and 
oaths of all 
officers. 



For new oath 
of allegiance. 



OATHS AND SUBSCRIPTIONS ; INCOMPATIBILITY OF AND EXCLtTSION FROM 
OFFICES ; PECUNIARY QUALIFICATIONS ; COMMISSIONS ; WRITS ; CON- 
FIRMATION OF LAWS ; HABE.\S CORPUS ; THE ENACTING STYLE ; CON- 
TINUANCE OF OFFICERS ; PROVISION FOR A FUTURE REVISAL OF THE 
CONSTITUTION, ETC. 

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

•'I, A. B., do declare, that I believe the christian rehgion, and 
have a firm persuasion of its truth ; and that I am seised and pos- 
sessed, in my own right, of the pi-opertj' 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 undei 
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 the places or offices aforesaid, 
as also any person appointed or commissioned to any judicial, execu- 
tive, militaiy, or other office 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 Commonwealth of Massachusetts is, and of 
right ought to be, a free, sovereign, and independent state ; and I do 
swear, that I will be.ar true faith and allegiance to the said common- 
wealth, and that I will defend the same against traitorous conspiracies 
and all hostile attempts whatsoever ; and that 1 do renounce and ab- 
jure all allegiance, subjection and obedience to the king, queen, or 
government of Great Britain, (as the case maj- be) and e\ery other 
foreign power whatsoever ; and that no foreign prince, person, jirel- 
ate, state or potentate, hath, or ought to have, .any jurisdiction, 



CONSTITUTION OF MASSACHUSETTS. 36 

siiperioritj-, pre-eminence, authorit,y, dispensing or otiier power, in 
an}- matter, civil, ecclesiastical or spiritual, within this commonwealth, 
except the authorit}' and power which is or maj- be vested bj- their 
constituents in the congress of the United States : and I do fm-ther 
testily 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, testimon}', declaration, denial, renunciation and abjura- 
tion, heartilj' and trulj-, according to the common meaning and ac- 
ceptation 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 faithfully and Oath of office, 
impartially discharge and perform all the duties incumbent on me as 
, according to the best of mj" abilities and understanding, 
agrecabl}- to the rules and regulations of the constitution and the laws 
of the commonwealth. So help me, God." 

Provided, alw,a3s, that when any person chosen or appointed as Proviso, 
aforesaid, shall be of the denomination of the people called Quakers, ment"Art. VI 
and shall decline taking the said oath[s], he shall make his affirmation 
in the foregoing form, and subscribe the same, omitting the words, 
[" I do sivear," '■•and abjure," •' oath or," " arid uhjuration," in the 
first oath ; and in the second oath, the words] '' swear and," and [in 
each of them] the words "■So help me, God;" subjoining instead 
thereof, " This I do under the pains and penalties of perjury." 

And the said oaths or affirmations shall be taken and subscribed I13' oathsand 
the governor, lieutenant-governor, and councillors, before the president h^^'adminiB- 
of the senate, in the presence of the two houses of assemblj' ; and l)y tered. 
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 prescribed b}- the 
legislature. 

II. No governor, lieutenant-governor, or judge of the supreme Plurality of 
judicial court, shall hold any other office or place, under the authority ed'togSvmiorT 
of this commonwealth, except such as by this constitution the\- are hc txcept, etc 
admitted to hold, saving that the judges of the said court may hold the ments, Art. 
offices of justices of the peace through the state ; nor shall they hold ^^^■ 
any other place or office, or receive any pension or salary from any 
other state or government or power whatever. 

No person shall be capable of holding or exercising at the same time. Same subject, 
within this state, more than one of the following offices, viz. : judge of i^u«°'"3. 
probate — sheriff — register of probate — or register of deeds ; and 
never more than anj- two offices, which are to be held bj- appointment 
of tlie governor, or the governor and council, or the senate, or the 
house of representatives, or hy the election of the people of the state 
at large, or of the people of an}' county, military offices, and the offices 
of justices of the peace excepted, shall be held b}- one person. 

No person holding the office of judge of the supreme judicial court incompatible 

— secretary — • attornej'-general — solicitor-general — treasurer or por further pro. 
receiver-general — judge of probate — commissary-general — [presi- y'"'™* "^^^"^ 
dent, professor, or instructor of Harvard College] — sheriff — clerk of offices, see 
the house of representatives — register of probate — register of deeds ^i^t.^vin"'"' 

— clerk of the supreme judicial court — clerk of the inferior court of officers of H.ir. 
common pleas — or officer of the customs, including in this description Jxcepted by" 
naval officers — shall at the same time have a seat in the senate or ^™4!xvii' 
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 x^lace so vacated shall be 
filled up. 



36 



CONSTITFTION OF MASSACHUSETTS. 



Property quali- 
fications may 
be increased. 

raenlB, Art. 

XIII. 

Provisions 

respecting 

commisBions. 



Provisions re- 
specting write. 

2 Picli. 692. 

3 Met. 58. 
13 Gray, 74. 



Continuation of 
former laws, 
except, etc. 

1 Mass. 69. 

2 Mass. 634. 

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

Benefit of 
huheas corpufi 
secured, except, 



Officers of 
former govern- 
ment continued 
until, etc. 



Provision for 
revising con- 
stitution. 
For existing 
provision as to 
amendments. 



And the same rule shall take place in case anj" jmlge of the said 
supreme judicial court, or judge of jiroliatc, shall accept a seat in coun- 
cil ; or any councillor shall accept of cither of those offices or places. 

And no person shall ever be admitted to hold a seat in the legisla- 
ture, or an}- office of trust or importance under the gc^vernment of this 
commonwealth, who shall, in the due course of law, have been convict- 
ed of bribeiT or corruption in obtaining an electiou or appointment. 

III. In all cases where sums of money are mentioned in this con- 
stitution, 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 property, 
of the persons to be elected to ofHces, as the circumstances of the 
commonwealth shall require. 

IV. All commissions shall be in the name of the Commonwealth of 
Massachusetts, signed by the governor and attested by the secretary 
or his deput}-, and have the great seal of the commonwealth affixed 
thereto. 

V. All writs, issuing out of the clerk's office in any of the courts 
of law, shall be in the name of the Commonwealth of Massachusetts ; 
thej' shall be under the seal of the court from whence thej- issue ; 
the}- shall bear test of the first justice of the court to which they shall 
be returnable, who is not a part}', and be signed by the clerk of such 
court. 

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

VII. The privilege and benefit of the writ of habeas corpus shall 
be enjoyed in this commonwealth, in the most free, eas}-, cheap, 
c.Kiicditious and ample manner ; and shall not be suspended by the 
k'uislaturc, except upon the most urgent and pressing occasions, and 
f(jr a limited time, not exceeding twelve months. 

VIII. The enacting stjde, in making and passing all acts, statutes 
and laws, shall be — " Be it enacted by the Senate and House of Rep- 
lescntativcs, in General Court assembled, and bj- the authorit}' of the 
same." 

IX. To the end there may be no failure of justice, or danger 
arise to the commonwealth from a change of the form of government, 
all oflicers, civil and military, holding commissions under the govern 
nient and people of Massachusetts Bay in New England, and all 
other officers of the said g■o^•ernment and people, at the time this 
constitution shall take effect, shall have, hold, use, exercise and enjoy, 
all the powers and authoritj' to them granted or committed, until 
other persons shall be appointed in their stead ; and all courts of law 
shall proceed in the execution of the business of their respective 
departments ; and all the executive and legislative officers, bodies 
and powers shall continue in full force, in the cnjo}-ment and exercise 
of all their trusts, employments and authority ; until the general 
court, and the supreme ancl 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 
constitution, and to correct those violations which by anj- means ma}' 
be made therein, as well as to form such alterations as from experience 
shall be found necessary, the general court which shall be in the year 
of our Lord one thousand seven hundred and ninety-fi^e, shall issue 
precepts to the selectmen of the several towns, and to tiie assessors 



CONSTITUTION OF MASSACHUSETTS. 37 

of the unincorpor.ated plantations, directing them to convene the 
qualified voters of their respective towns and plantations, for the 
purpose of collecting their sentiments on the necessitj- or expedieucj- 
of revising the constitution, in order to amendments. 

And if it shall appear, by tlie returns made, that two-thirds of the Provision for 
qualified voters throughout the state, who shall assemble and vote in BtituUon.'""'" 
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 from the secretarj-'s oflice to the several towns to elect 
delegates to meet in convention for the purpose aforesaid. 

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

XI. This form of government shall be enrolled on parchment, and Provision for 
deposited ui the secretary's office, and be a part of the laws of the puShinlthis 
land ; and printed copies thereof shall be prefixed to the book con- constitution. 
taining the laws of this commonwealth, in all future editions of the 
said laws. 



ARTICLES OF AMENDMENT. 

Article I. If anj- bill or resolve shall be objected to, and not ap- Bin, etc., not 

proved by the go\ernor ; and if the general court shall adjourn within fl?P™a™^ not"'? 

five days after the same shall have been laid before the governor for become a law, 

his approbation, and thereby prevent his retui-ning it with his objec- li(ijou'rn''in'the 

tions, as provided by the constitution, such bill or resolve shall not ?m''"'"m- 
becorae a law, nor have force as such. See Const., Ch. i. § i, Art. ii. 

Art. II. The general court shall have full power and authority to General < 



thereof such powers, privileges and immunities, not repugnant to the 
constitution, as the general court shall deem necessary or expedient 
for the regulation and government tlioreof, and to prescribe the 
manner of calling and holding public meetings of the inhabitants, in 
wards or otherwise, for the election of officers under the constitution, 
and the manner of returning the votes given at such meetings. Pro- Proviso, 
vided. that no such government shall be erected or constituted in an^' 112 Mass. 200. 
town not containing twelve thousand inhabitants, nor unless it be 
with the consent, and on the aijplication of a majorit}- of the inhabit- 
ants of such town, jn-esent and voting thereon, pursuant to a vole at 
a meeting duly warned and holden for that purpose. And provided, Qnaiifications of 
also, that all bj--laws, made by such municipal or city government, en'or! filuten- 
shall be subject, at all times, to be annulled by the general court. ant-governor, 

Art. III. E\'ery male citizen of twenty-one j'ears of age and up- rep'i-e«riuitives. 
w-ards, excepting paupers and persons under guardiatiship, who ^ pieu' ■341' ^""'' 
shall have resided within the commonwealth one year, and within the 14 Ma.s8. 367. 
town or district, in which he may claim a right to \ote, six calendar l^%l^'' ""*' 
months next preceding any election of governor, lieutenant-governor, ''J^^^y- "^^■. 

1^2 Mass 595 

senators or representatives, and who shall have paid, bj' himself, or 597. 

his parent, master or scuardian, any state or county tax, which shall, i^l^?,",!.;?:'f„.., 

_ ^ ' o ^ . .' ' ' ror eaucauondl 

Within two years next jji-eceding such election, have been assessed qualification, 

upon him, in any town or district of this commonwealth; and also, men'tJ^Art.xx. 

every citizen who shall be, bj' law, exempted from taxation, and who For provision as 

shall be, in all other respects, qualified as above mentioned, shall have have Berved in 

a right to vote in such election of governor, lieutenant-governor, navy™^iIJ[^. of 

senators and representatives ; and no other person shall be entitled war, see amend 

to vote in such elections. xxvni." 

See also amendmeatB, Art. XXIII., which was annulled by amendraenta, Art. XXVI. 



38 



CONSTITUTION OF MASSACHUSETTS. 



Notaries public, 
how appointed 



Vacancies in the 
olliced of secre- 
tary and treas- 
urer, liow filled. 
This clause 
superseded by 



Commiseary- 
t'eneral may be 
appointed, in 



"Who may vole 
for capL-iins and 
subalterns. 



Oath to be taken 
by all officers. 
See Const., 
Ch. VI. Art. I. 



Proviso. Qua- 
kers mayaffirm. 



Teste abolished. 



Incompatibility 
of offices. 

122 Mass. 445, 
600. 

123 Mass. 636. 



Amendments to 
constitution, 
liuw made. 



Art. IV. Notaries public shall be appointed by the governor ia 
the same manner as judicial officers are appointed, and shall hold 
their offices during seven ^ears, unless sooner removed b}' the gov- 
ernor, with the consent of the council, upon the address of both 
houses of the legislature. 

[In case the office of secretar3' or treasurer of the commonwealth 
shall become vacant from any cause, during the recess of tlie general 
court, the governor, with the advice and consent of the council, shall 
nominate and ai)point, under such regulations as may be prescribed 
b}- 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 
appointment of a commissary-general, he shall be nominated, ap- 
pointed and commissioned, in such manner as the legislature may, by 
law, prescribe. 

All officers commissioned to command in the militia may be re- 
moved from office in such manner as the legislature may, by law, 
prescribe. 

Art. V. In the elections of captains and subalterns of the militia, 
all the members of their respective companies, as well those under as 
those above the age of twentj'-one years, shall have a right to vote. 

Art. VI. Instead of the oath of allegiance prescribed by the 
constitution, the following oath shall be taken and subscribed bj' 
every person chosen or appointed to any office, civil or militaiy, under 
the government of this commonwealth, before he shall enter on the 
duties of his office, to wit : — 

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

Provided, That when any peison shall be of the denomination 
called 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 perjuiy." 

Art. VII. No oath, declaration or subscription, excepting the 
oath prescribed in the preceding article, and the oath of office, shall 
be required of the governor, lieutenant-governor, councillors, senators 
or representatives, to qualify them to perform the duties of their 
respective offices. 

Art. VIII. No judge of any court of this commonwealth, (ex- 
cept the court of sessions,) and no person holding any office under 
the authority of the United States, (postmasters excepted,) shall, at 
the same time, hold the office of governor, lieutenant-governor, or 
councillor, or have a seat in the senate or house of representatives of 
this commonwealth ; and no judge of any court in this commonwealth, 
(except the court of sessions,) nor the attorney-general, solicitor- 
general, county attornej', clerk of any court, sheriff, treasurer and 
receiver-general, register of probate, nor register of deeds, sLiall con- 
tinue to hold his said office after being elected a member of the 
Congress of the United States, and accepting that trust ; but the 
acceptance of such trust, by any of the officers aforesaid, shall be 
deemed and taken to be a resignation of his said office ; and judges 
of the courts of common pleas shall hold no other office under the 
government of this commonwealth, the office of justice of the peace 
and militia offices excepted. 

Art. IX. If, at any time hereafter, any specific and particular 
amendment or amendments to the constitution be proposed in the 



CONSTITUTION OF MASSACHUSETTS. 39 

general court, and agreed to by a majorit}- of the senators and two- 
thirds of the members of the house of representatives present and 
voting thereon, such proposed amendment or amendments shall be 
entered on the journals of the two houses, with the yeas and nays 
taken thereon, and referred to the general court then next to be 
chosen, and shall be published ; and if, in the general court next 
chosen as aforesaid, such proposed amendment or amendments shall 
be agreed to by a majorit}- of the senators and two-thirds of the mem- 
bers of the house of representatives present and voting thereon, then 
it shall 136 tiie dutj- of the general court to submit such proposed 
amendment or amendments to the people ; and if they sliall be ap- 
proved and ratified by a majority of the qualified voters, voting there- 
on, at meetings legall}' warned and holden for that purpose, thej' shall 
become part of the constitution of this commonwealth. 

Art. X. The political year shall begin on the first Wednesday of Commencement 

■1 « , 1 txT 1 1 /. 'i r T .1 1 of political year, 

January, instead of the last Wednesday of May; and the general 
court shall assemble every year on the said first Wednesday of Janu- 
ary, and shall proceed, at that session, to make all the elections, and 
do all the other acts, which are b}' the constitution required to be 
made and done at the session which has heretofore commenced on the 
last Wednesda}' of May. And the general court sliall be dissolved and termination. 
on the da}^ next preceding the first AVednesdaj- of .Januaiy, without 
any proclamation or other act of tlie governor. But nothing herein 
contained shall prevent the general court from assembling at such 
other times as they shall judge necessary, or when called together by 
the governor. The governor, lieutenant-governor and councillors, 
shall also hold their respective offices for one year next following the 
first Wednesday of Januar}', and until others are chosen and qualified 
in their stead. 

[The meeting for the choice of governor, lieutenant-governor, sena- Meetings for the 
tors and representatives, shall be held on the second Monday of No- eraor! nfuten- 
vember in every year ; but meetings may be adjourned, if necessarj-, Hiit-gov.rnor, 

. etc wlien to be 

for the choice of representatives, to the next daj-, and again to the heiii. 
next succeeding day, but no further. But in case a second meeting 'g2ftrBeSeibv 
shall he necessarj* for the choice of representatives, such meetings amendments, 
shall be held on the fourth Mondaj- of the same month of November.] ^"^ ^^' 

All the other provisions of the constitution, respecting the elec- 
tions and proceedings of the members of the general court, or of any 
other officers or persons whatever, that have reference to the last 
Wednesday of Maj-, as the commencement of the political year, shall 
be so far altered, as to have like reference to the first Wednesday of 
January. 

This article shall go into operation on the first day of October, Article, when to 
next following the day when the same shall be duly ratified and f°o^^° °P*'*- 
adopted as an amendment of the constitution ; and the governor, 
lieutenant-governor, councillors, senators, representatives, and all 
other state officers, who are annually' chosen, and who shall be chosen 
for the current j'car, when the same shall go into operation, shall hold 
their respective 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-governor, 
senators and representatives, to be had in virtue of this article, shall 
be had conformably thereunto, in the month of November following 
the day on which the same shall be in force, and go into operation, 
pursuant to the foregoing provision. 

AH the provisions of the existing constitution, inconsistent with inconsistent 
the provisions herein contained, are hereby wholl}- annulled. annuUed"^ 

Art. XI. Instead of the third article of the bill of rights, the Religious 
following modification and amendment thereof is substituted : — cswbiished. 



40 



CONSTITUTION OF MASSACHUSETTS. 



8ee Deo. of 
RigbU, Art. 

m. 



122 Mass. 40, 41 . 



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



Towns having 
less than 300 
ratable polls, 
how represent- 



Fractions, how 
represented. 



Towns may 
unite into repre- 



The governor 
and council to 
determine the 
number of rep- 
resentatives to 
which each 
town is entitled. 



" As the public worship of God .incl instructions in piety, religion 
and luoralitj', promote the happiness and ])rosperity of a people, and 
the security- of a republican government ; therefore, the several reli- 
gious societies of this coininouwealth, whether corporate or unincor- 
porate, at anv meeting legall3' warned and liolden for that purpose, 
shall ever have the right to elect their pastors or religious teachers, to 
contract with them for their support, to raise money for erecting and 
repairing houses for public worship, for the maintenance of religious 
instruction, and for the pa3'ment of necessary expenses ; and all per- 
sons belonging to any religious society shall be taken and held to be 
members, until they shall file with the clerk of such society a written 
notice, declaring the dissolution of their membership, and thenceforth 
shall not be liable for any grant or contract, which may be thereafter 
made, or entered into bv such society ; and all religious sects and 
denominations, demeaning themselves peaceably, and as good citizens 
of the commonwealth, shall be equallj- under the protection of the 
law : and no subordination of any one sect or denomination to another 
shall ever be established bj- law. ' ' 

Art. XII. [In order to provide for a representation of the citizens 
of this commonwealth, founded upon the principles of equalitj-, a cen- 
sus of the ratable polls, in each city, town and district of the com- 
monwealth, on the first day of Maj-, shall be taken and returned into 
the secretary's office, in such manner as the legislature shall provide, 
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 Maj", in manner aforesaid, and each town or city having 
three hundrecl ratable polls at the last preceding decennial census 
of polls, maj- elect one representative, and for every four hundred and 
fifty ratable polls in addition to the first three hundred, one repre- 
sentative more. 

Any town having less than three hundred ratable polls shall be 
represented thus : The whole number of ratable polls, at the last 
preceding decennial census of polls, shall be multiplied by ten, and 
the product divided by three hundred, and such town may elect one 
representative as manj- years within ten 3ears, as three hundred is 
contained in the product aforesaid. 

Any city or town having ratable polls enough to elect one or more 
representatives, with an}- number of polls beyond the necessary num- 
ber, may be represented, as to that surplus number, by multiplj'ing 
such surplus number bj' ten and dividing the product by four hundred 
and fift}- ; and such citj* or town may elect one additional representa- 
tive as many years, within the ten years, as four hundred and flft}' is 
contained in the product aforesaid. 

Any two or more of the several towns and districts may, by consent 
of a majority of the legal voters present at a legal meeting, in each 
of said towns and districts, respectively, called for that purpose, and 
held previous to the first daj- of July, in the year in which the decen- 
nial census of polls shall be taken, form themselves into a representa- 
tive district to continue until the next decennial census of polls, for 
the election of a representative, or representatives ; and such district 
shall have all the rights, in regard to representation, which would 
belong to a town containing the same number of ratable polls. 

Tiie governor and council shall ascertain and determine, within the 
months of Jnlj' and August, in the year of our Lord one thousand eight 
hundred and thirty-seven, according to the foregoing principles, the 
number of representatives, which each city, town and representative 
district is entitled to elect, and the number of 3ears, within the period 
of ten years then next ensuing, that each city, town, and representative 
district may elect an additional representative ; and where any town 



CONSTITUTION OF MASSACHUSETTS. 41 

has not a sufficient number of polls to elect a representative each 
j-ear, then, how many 3'ears within the ten years, such town may 
elect a representative ; and the same shall be done once in ten j-ears. New apportion- 
thereafter, by the governor and council, and the number of ratable "mfe'in'even'*'^* 
polls in each decennial census of polls, shall determine the number ten years. 
of representatives, which each cit}-, town and representative district 
m.ay elect as aforesaitl ; and when the number of representatives to 
be elected by each citj", town or representative district is ascertained 
and dotermined as aforesaid, the governor shall cause the same to be 
publislied forthwith for the information 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 inconaistent 
provisions lierein contained, are hereby whoU}- annulled.] annulled™ 

Akt. XIII. [A census of the inhabitants of each city and town, census of inhab- 
on tlie first day of May, shall be taken, and returned into the secre- in5'54o°''^d^''° 
tarv's office, on or Ijefore the last day of June, of the year one thousand cenniai'iy there- 
eight hundred and forty, and of every tenth year thereafter ; which jj^represema.^ 
census shall determine the apportionment of senators and representa- tio". 
tives for the term of ten years. 

Provisions as to census superseded by amendments, Arts. XXI. and XXII. 122 Mass. 595. 

Tlie se^'eral senatorial districts now existing, shall be permanent, senatorial dis- 
The senate shall consist of forty members ; and in the vear one i'''?''''l'^J?'''''* 

^ *> peiraanent. 

thousand eight hundred and fortj-, and eveiy tenth year thereafter, Provisions as to 

the governor and council sliall assign the number of senators to be seSedbyalSend- 

chosen in each district, according to the number of inhabitants in the "}^!"*'^". 

same. But, in all cases, at least one senator shall be assigned to " ' 
each district. 

The members of the house of representatives shall be apportioned House of repre- 

in the following manner : Eivery town or citj' containing twelve hundred apporUo'ned"" 

inhabitants, may elect one representative; and two thousand four Provisions as to 

huiulred inhabitants shall be the mean increasing number, which shall superBededby* 

entitle it to an additional representative. amendments, 

Every town containing less than twelve hundred inhabitants, shall gm.iii towns, 

be entitled to elect a representative as manj' times, within ten years, g"^' ^''P'''^" 
as the number one hundred and sixty is contained in the number 
of the inhabitants of said town. Such towns maj- also elect one 
representative for the year in which the valuation of estates within 
the commonwealth shall be settled. 

Anv two or more of the several towns may, by consent of a majoritj' Towns may 

of tlie legal voters ijresent at a legal meeting, in each of said towns, tjniteintorepre- 

o I v? o ^ ' sentatlve ois- 

respectiveh', called for that purpose, and held before the first day tricts. 
of August, in the year one thousand eight hundred and fort}-, and 
every tenth year thereafter, form themselves into a representative 
district, to continue for the term of ten jears ; and such district shall 
have all the rights, in regard to representation, which would belong 
to a town containing the same number of inhabitants. 

The number of inhabitants which shall entitle a town to elect one Basis of repre- 
representative, and the mean increasing number, which shall entitle r^[l'^of°i^cr°a'^j. 
a town or citj' to elect more than one, and also the number bj- which 
the iiqpulation of towns, not entitled to a representative every year, is 
to be divided, shall be increased, respectively, b}- one-tenth of the 
numbers above mentioned, whenever the population of the common- 
wealth shall have increased to seven hundred and seventy thousand, 
and for every additional increase of seventy thousand inhabitants, the 
same addition of one-tenth shall be made, respectively, to the said num- 
bers above mentioned. 

In the jear of each decennial census, the governor and council shaU, J„''|fo°|Jn™i°o 
before the first daj- of September, apportion the number of representa- apportion the 
tives which eagh city, town, and representative district is entitled to "^sTntativerof 



42 



CONSTITUTION OF MASSACHUSETTS. 



each town on 
in PTery ten 



Councillors to 
be chosen from 
the people at 
laree. 

Provisions as to 
councillors 
eupereeded by 
amendments, 
Art. XVI. 



Freehold as a 
qualification foi 
a seat in general 
court or council 
not required. 
Elections by the 
people to be by 
plurality of 
votes. 



Time of annual 
election of gov- 
ernor and legis- 
lature. 



Eight council- 
lors to be chose 
by the people. 
122 Mass. 695, 



Vacancies, how 

filled. 

For new pro- 



Organization of 
the government. 



elect, and ascertain how many j'ears, within ten jears, any town may 
elect a representative, which is not entitled to elect one every year ; 
and the governor shall cause the same to be [Hiblished forthwith. 

Nine councillors shall be annually chosen from among the people at 
large, on the first Wednesday of Januaiy, or as soon thereafter as ma}' 
be, b}- the joint ballot of the senators and representatives, assembled 
in one room, who shall, as soon as may be, in lil<e manner, fill up any 
vacancies that may happen in the council, by death, resignation or 
otherwise. No person sliall be elected a councillor, who has not been 
an inhabitant of this commonwealth for the term of five years immedi- 
atelj- preceding his election ; and not more than one councillor shall 
be chosen from any one senatorial district in the commonwealth.] 

No possession of a freehold, or of any other estate, shall 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 officers 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 de- 
clared 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 daj-, 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 b}' 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 tlie election of governor. The legislature, at its first session after 
this amendment shall have been adopted, and at its first session after 
the next state census shall have been taken, and at its first session 
after each decennial state census tliereafterwards, shall divide the com- 
monwealth into eight districts of contiguous territoiy, each contain- 
ing a number of inhabitants as nearlj- equal as practicable, without 
dividing any town or ward of a citj', and eacli entitled to elect one 
councillor: provided, however, that if, at any time, the constitution 
shall provide for the division of the commonwealth into forty senatorial 
districts, tlien the legislature shall so arrange the councillor districts, 
that each district shall consist of five contiguous senatorial districts, 
as they shall be, from time to time, established by the legislature. 
No person shall be eligible to the office of councillor who has not been 
an inhabitant of the commonwealth for the term of five years, imme- 
diately preceding his election. The day and manner of the election, 
the return of the votes, and the declaration of the said elections, shall 
be the same as are required in the election of governor. [Whenever 
there shall be a failure to elect the full number of councillors, the 
vacancies shall be filled in the same manner as is required for filling 
vacancies in the senate ; and vacancies occasioned by death, removal 
from the state, or otherwise, shall be filled in like manner, as soon as 
maj- be, after such vacancies shall have happened.] And that there 
may be no delay in the organization of the government on the first 
Wednesday of January, the governor, with at least five councillors 
for the time being, shall, as soon as may be, examine the returned 
copies of the records for the election of governor, lieutenant-governor, 
and councillors ; and ten days before the said first AVednesday in 
January he shall issue his summons to such persons as appear to be 
chosen, to attend on that day to be qualified accordingly ; and the 
secretary sliall lay the returns before the senate and house of repre- 
sentatives on the said first Wednesdaj' in .lanuary, to be by them exam- 
ined ; and in case of the election of either of said officers, the choice 



CONSTITUTION OF MASSACHUSETTS. 



43 



shall he b}' them declared and published ; but in case there shall be no 
election of either of said offlcers, the legislature shall proceed to fill 
such vacancies in the manner provided in the constitution for the 
choice of such offlcers. 

AuT. XVII. The secretary, treasurer and receiver-general, auditor, 
and attorney-general, shall be chosen annually, on the daj- in Novem- 
ber prescribed for the choice of governor ; and each person then chosen 
as such, duly qualified in other respects, shall hold his offlce for the 
term of one v-ear from the third Wednesda}- in January next thereafter, 
and until another is chosen and quahfied in his stead. The quahfica- 
tion of the voters, the manner of the election, the return of the votes, 
and the declaration of the election, shall be such as are required in the 
election of governor. In case of a failure to elect either of said officers 
on the day in November aforesaid, or in case of the decease, in the 
mean time, of the person elected as such, such officer shall be chosen 
on or before the third Wednesday in January next thereafter, from the 
two persons who had the highest number of votes for said officers on 
the day in November aforesaid, bj- 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 an}' cause, during an annual or special session of 
the general court, such vacancy shall in like manner lie filled b}' choice 
from the people at large ; but if such vacancy shall occur at any other 
time, it shall be supplied bj- the governor by appointment, with the 
advice and consent of the council. The person so chosen or appointed, 
duly qualified in other respects, shall hold his office until his successor 
is chosen and duly qualified in his stead. In case anj- person chosen 
or appointed to either of the offices aforesaid, shall neglect, for the 
space of ten days after he could otherwise enter upon his duties, to 
qualify himself in all respects to enter upon the discharge of such 
duties, the office to which he has been elected or appointed shall be 
deemed vacant. No person shall be eligible to either of said offices 
unless he shall have been an inhabitant of this commonwealth five 
years next preceding his election or appointment. 

Art. XVIII. All moneys raised by taxation in the towns and 
cities for the support of public schools, and all monej-s which may be 
appropriated by the state for the support of common schools, shall be 
applied to, and expended in, no other schools than those which are 
conducted according to law, under the order and superintendence of 
the authorities of the town or city in which the money is to be ex- 
pentled ; and such moneys shall never be appropriated to any religious 
sect for the maintenance, exclusively, of its own school. 103 Mass. e4, 66. 

Art. XIX. The legislature shall prescribe, by general law, for 
the election of sheriffs, registers of probate, commissioners of insol- 
vency, and clerks of the courts, b}- the people of the several counties, 
and that district-attorneys shall be chosen by the people of the several 
districts, for such term of office as the legislature shall prescribe. 

13 Gray, 74. 110 Mass. 172, 173. 117 Mass. 602,603. 121 Mass. 65. 

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

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

Art. XXI. A census of the legal voters of each city and town, 
on the first day of May, shall be taken and returned into the office of 



Election of 
secretary, treas. 
urer. auditor 
and attorney- 
general by the 
people. 



To qualify with, 
in ten days, 
otherwise office 
to be deemed 
vacant. 



School moneys 
not to be op- 
plied for secta- 
rian schools. 
For original 
provision as to 
schools, see 
constitution. 
Part First, Art. 



III. 



Legislature to 
prescribe for 
the election of 
sheriflfs, regis- 
ters of probate, 
etc., by the 
people. 
8 Gray, 1. 

Reading consti- 
tution inEnglish 
and writing, 
necessary quail - 
ticationsof 
voters. 
Proviso. 
For other quali- 
fications, see 
amendments. 
Art. m. 



Census of legal 
voters and of 
iiihaWtantP. 



44 



CONSTITUTION OF MASSACHUSETTS. 



pre- 



Houee of 
sentativea 
consist of 240 
members. 
Legislature to 
apportion, etc. 
10 Gray, 613. 



Secretary shall 
certify to officers 
autilorized to 
divide counties. 



Meeting for 
division to be 
first Tuesday 
in August. 
Proceedings. 



Qualifications of 
representatives. 
122 Mass. 595, 
698. 

Districts to be 
numbered, 
described and 
certified. 



membe 
quoruii 



Census, etc. 
.«oe P. S. c. 31. 



Voters to be 
irasis .'f iippor- 



the secretary of the commonwealth, on or before tlie La.st (lav of June, 
in the year one thousand eight hundred and fiftj--seven ; and a census 
of the inhabitants of each cit}' and town, in the year one thousand 
eight hundred and sixtj'-five, and of eveiy tenth j'ear thereafter. In 
the census aforesaid, a special enumeration shall be made of the legal 
voters ; and in each city, said enumeration shall specify the number 
of such legal voters aforesaid, residing in each ward of such city. 
The enumeration aforesaid shall determine the apportionment of rep- 
resentatives 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 bj' 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 ma}' be, accord- 
ing to their relative numbers of legal voters, as ascertained by the 
next preceding special enumeration ; and the town of Cohasset, in the 
county of Norfolk, shall, for this purpose, as well as in the formation 
of districts, as hereinafter provided, be considei'cd a part of the county 
of Plymouth ; and it shall be the duty of the secretary' of the common- 
wealth, to certify, 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 count}' into repre- 
sentative districts. The mayor and aldermen of tlie cit}' of Boston, 
the county commissioners of other counties than Suffolk, — or in lieu 
of the mayor and aldermen of the city of Boston, or of the county 
commissioners in each county other than Suffolk, such board of special 
commissioners in each county, to be elected by the people of the 
county, or of the towns therein, as may for that purpose be pi'ovided 
by law. — -shall, on the first Tuesday of August next after each assign- 
ment of representatives to each count}', assemble at a shire town of 
their respective counties, and proceed, as soon as may be, to divide 
the same into representative districts of contiguous territory, so as to 
apportion the representation assigned to each county equally, as nearly 
as may be, according to the relative number of legal voters in the 
several districts of each county ; and such districts shall be so formed 
that no town or ward of a city shall be divided therefor, nor shall any 
disti'ict be made which sliall be entitled to elect more than three rep- 
resentatives. Ever}' representative, for one year at least next preced- 
ing his election, shall have been an inhabitant of the district for which 
he is chosen, and shall cease to represent such district when he shall 
cease to be an inhabitant of the commonwealth. The districts in each 
county shall be numbered by the boai'd creating the same, and a 
description of each, with the numbers thereof and the number of legal 
voters therein, shall be returned by tlie board, to the secretary of the 
commonwealth, the county ti'easurer 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 caUing 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 
of lepresentatives shall constitute a quorum for doing business ; but 
a less number may organize temporarily, ailjourn from day to day, 
and compel the attendance of absent members. 

Akt. XXII. a census of the legal voters of each city and town, 
on the first day of May, shall be taken and returned into the office of 
the secretary of the 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 census aforesaid, a special enumeration shall be made of the legal 
voters, and in each city said enumeration shall specify the number of 



CONSTITUTION OF MASSACHUSETTS. 



45 



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 fortj' members. The general court shall, at its first session 
after each next preceding special enumeration, divide the common- 
wealth into forty districts of adjacent territory, each district to contain, 
as nearl}- as may be, an equal number of legal voters, according to the 
enumeration aforesaid : jyrovided, however, that no town or ward of 
a citj' shall be divided therefor; and such districts shall be formed, as 
nearl3' as may be, without uniting two counties, or parts of two or 
more counties, into one district. Each district shall elect one senator, 
who shall have been an inhabitant of this commonwealth five years at 
least immediately preceding his 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 commonwealth. Not less than sixteen senators 
shall constitute a quorum for doing business ; but a less number may 
organize teraporaril\', adjourn from daj-to day, and compel the attend- 
ance of al)sent members. 

Art. XXIII. [No person of foreign birth shall be entitled to vote, 
or shall be eligible to office, unless he shall have resided within the 
jurisdiction of the United States for two j-ears subsequent to his 
naturalization, and shall be otherwise qualified, according to the con- 
stitution and laws of this commonwealth : provided, that this amend- 
ment shall not affect the rights which any person of foreign birth 
possessed at the time of the adoption thereof; and, provided, further, 
that it shall not affect the rights of any child of a citizen of the United 
States, born during the temporarj- absence of the parent therefrom.] 

Art. XXIV. Any vacancj' in the senate shall be filled bj- election 
by the people of the unrepresented district, upon the order of a ma- 
jority of the senators elected. 

Art. XXV. In case of a vacancy in the council, from a failure of 
election, or other cau?e, the senate and house of representatives shall, 
b}- concurrent vote, choose some eligible person from the people of the 
district wherein such vacancy occurs, to fill that office. If such vacancy 
shall happen when the legislature is not in session, the governor, with 
the advice and consent of the council, may fill the same b}' appoint- 
ment of some eligible person. 

Art. XXVI. The twentj'-third article of the articles of amend- 
ment of the constitution of this commonwealth, which is as follows, to 
wit : " No person of foreign birth shall be entitled to vote, or shall be 
eligible to office unless he shall have resided within the jurisdiction 
of the United States for two years subsequent to his naturalization, 
and shall be otherwise qualified, according to the constitution and 
laws of this commonwealth : provided, that this amendment shall not 
affect the rights which any person of foreign birth possessed at the 
time of the adoption thereof; and jyrovided, further, that it shall not 
affect the rights of any diild of a citizen of the United states, born 
during the temporary absence of the parent therefrom," is hereby 
wholly annulled. 

Art. XXVII. So much of article two of chapter six of the consti- 
tution of this commonwealth as relates to persons holding the office 
of president, professor or instructor of Harvard College, is hereby 
annulled. 

Art. XXVIII. No person having served in the army or navy of 
the United States in time of war, and having been honorably dis- 
charged from such service, if otherwise qualified to vote, shall be 
disqualified therefor on account of being a paufDer ; or, if a pauper, 
because of the non-payment of a poll-tax. 



Senate to consist 
of forty mem- 



See Amend- 
ments, Art. 
XXIV. 



Sixteeti mem- 
bers a quorum. 



Residence of 
two years re- 
quired of natu- 
ralized citizens, 
to entitle to suf- 
frage or raalfe 
eligible to office. 
Tliis article 
annulled by 
Art. XXVI. 



Twenty.third 
articleofamend' 
mentB annulled. 



Officers of 
Harvard CoUega 
may be elected 
members of 
general court. 

Persons having 
served in tbe 
U. 8. army or 
navy, etc., not 
to be disquali- 
fied from voting, 
etc. 



46 CONSTITUTION OF MASSACHUSETTS. 

Note. — The Constitution of Massachusetts was agreed upon hy delegates of the people, in 
convention, begun and held at Cambridge, on the first day of September, 1779, and continued by 
adjournments to the second day of March, 1780, when the convention adjourned to meet on the 
first Wednesday of the ensuing June. In the mean time the constitution was submitted to the 
people, to be adopted by them, provided two-thirds of the votes given should be iu the affirmative. 
When the convention assembled, it was found that the constitution bad been adopted by the 
requisite number of votes, and the convention accordingly Resolved, " That the said Constitution 
or Fra,me of Government shall take place on the last Wednesday of October next ; 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. 

. The first nine Articles of Amendment were submitted, by delegates in convention assembled, 
November 15, 1820, to the people, and by them ratified and adopted, April 9, 1821. 

The tenth Article was adopted by the legislatures of the political years 1829-30, and 1830-31, 
reBpeciivi'Iy, r.nd wa.^ .ipprowL-d :ind nitified by the people, May 11, 1831, 

Til. ■ rl,\ rill h Aiiiclc was .■t.lnpira iiyiljc Icglslatures of the political years 1832 and 1833, re- 
speciiv.ly. A\fl was Mpiii-ov>jd aii<l ratilirJ by the people, November 11, 1833. 

The tweUtb Arllcle was adopted by the legislatures of the political years 1835 and 1836, respec- 
tively, and was approved and ratified by the people, the fourteenth day of November, 1836. 

The thirteenth Article was adopted by the le:,'islature8 of the political years 1839 and 1840, 
respectively, and was approved and ratified by the people, the sixth day of April, 1840, and was 
repealed by the twenty-sixth Amendment. 

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

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

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

The twenth-fourth and twenty-fifth Articles were adopted by the legislatures of the political 
years 1859 and 1S60, and i-atified by the people on the seventh day of May, 1860. 

The 1 wenty-sixtli Article wis adopted by the legislati'res of the political years 1862 and 1863, 
and ratified by the people on the sixth day of April, 1S63. 

The twenty-seventh Article was adopted by the legislatures of the political years 1876 and 
1S77, and was approved and ratified by the people on the sixth day of November, 1877. 

The twenty-eighth Article was adopted b'" ""^ legislatures of the political years 1880 and 
1S?1, and was approved and ratified by the people on the eighth day of November, 1881. 



PUBLIC STATUTES 



MASSACHUSETTS. 



<!IommontoeaIt[) of iHassacbusctta. 



IN TEE YEAR ONE THOUSAND EIGHT HUNDRED AND EIGHTY-ONE. 



AN ACT 



CONSOLIDATING AND ARRANGING 



GENERAL STATUTES 



OOMMOl^AVEALTH. 



Be it enacted by the Senate and House of Representatives in 
General Court assembled, and by the authority of the same, 
in manner following : that is to say, — 



PART I. 



OF THE INTERNAL ADxMINISTRATION OF THE 
GOVERNMENT. 



TITLE I. 



OF THE JURISDICTION OF THE COMMONWEALTH, THE GENERAL 

COURT, STATUTES, PRINTING AND DISTRIBUTION 

OF THE LAWS AND PUBLIC DOCUMENTS, 

THE STATE HOUSE, ETC. 



Chapter 1. — Of the Jurisdiction of the Coimnonwealth and Places ceded to 

the United States. 
Chapter 2. — Of the General Court. 
Chapter 3. — Of the Statutes. 
Chapter 4.— Of the Printing and Distribution of the Laws and Public 

Documents. 
Chaptek 5. — Of the State House, the Sergeant-at-Anns, and the State 

Library. 



CHAPTER 1. 

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



Section 

1. Territorial limits of the comraonwealtb. 

2. Jurisdiction of the coraraoDWCiilth. 

3. Places ceded to the United States, and siiT)- 
ject to concurrent jurisdiction. 

4. Concurrent jurisdiction of the United 
States in lauds acquired under general 
laws. 

5. Compensation to owners, etc. 
G. Trial by jury may be waived. 

7. Harbor and land commissioners may, 
with approval of governor, etc., convey 



Section 

lands for light-houses, etc., to the United 
States. 

8. Officers of the coast survey may enter 
upon lands, erect stations, etc. 

9. County commissioners to assess damages 
on petition of either party. 

10. Coimuissioners to file report, etc. Appeal 
Trial. 

11. Tender, and costs after refusal. 

12. Costs, how taxed. 

13. Penalty for injuring signals, etc. 



Section 1. The territorial limits of this commonwealth extend Territorial 
one marine league from its sea-shore at low-water mark. When an comrao^veu 
inlet or arm of the sea does not exceed two marine leagues in width c. s. i, § i' 
between its headlands, a straight line from one headland to the other 
is equivalent to the shore Hue. 

Sect. 2. The sovereignty and jurisdiction of the commonwealth Jurisdiction, 
extend to all places within the boundaries thereof ; subject to the weahh""^"°' 
rights of concurrent jurisdiction granted over places ceded to the G-S. i, §2. 
United States. 



50 



PLACES CEDED TO THE UNITED STATES. [CliAP. 1. 



Places ceded to 
the United 
States aud sub- 
ject to concur- 
rent jurisdic- 
tion. 

a. s. 1, § 3. 

8 Mass. 72, 77. 



Sect. 3. The several places ceded to the United States for forts, 
arsenals, dock-yards, light-houses, hospitals, or other purposes, and 
over which concurrent jurisdiction has been granted to the United 
States, shall continue to be subject to such concurrent jurisdiction, 
according to the tenor and effect of the respective laws by which they 
were ceded ; that is to saj', — 

The several public light-houses with the lands and tenements there- 
unto belonging : the light-house on Light-House Island in the harlior 
of Boston ; the two light-houses on Thacher's Island in the county 
of Essex ; the two light-houses on the north end of Plumb Island in 
the coimty of Essex ; the light-house on the Gurnet Head in the 
county of Plymouth ; the light-house on Sandy Point in the county 
of Nantucket ; also the foui- buoys at the mouth of Merrimack River, 
— namely, one on the Hum Sands, one on the Sunken Rocks, one on 
the Ganway Rock, and one on the Half-Tide Rocks ; also the lieacon 
on the spit of sand near the light-house in the harltor of Boston : 

The light-house situate near the entrance of the harbor of Nan- 
tucket : 

The several tracts of land for the light-houses authorized by eon- 
grass to be erected upon Baker's Island and Cape Cod : 

Castle Island, Governor's Island, George's Island, and Level's 
Irjlaud, in the harbor of Boston ; and a tract of land in Springfield : 

A tract of land for a light-house at Gay Head : 

A tract of land for light-houses on Wigwam Point and Eastern 
Point in Gloucester : 

A tract of land for a light-house at the end of Clarke's Point in 
New Bedford : 

A tract of land for a navy-yard in Boston : 

1SG2, 195. 1867, 35. 1868, 249. 

Tracts of land for light-houses at Cape Poge : 

A tract of laud on Martha';;, ^'incyard, and the building erected 
thereon as a hospital : 

A tract of land for light-houses at or near the entrance of Chatham 
harljor on Cape Cod : 

A tract of land for a light-house at the entrance of the harbor of 
Scituate : 

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

A tract of land in Watertown for erecting forts, magazines, arsenals, 
dock-yards, and other needful buildings : 

Tracts of land for light-houses on Race Point in Provincetown, at 
or near Tarpaulin Cove on Naushon Island : 

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

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-h,ouse 
on Long Island Head in Boston harbor : 

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

A part of Tinker's Island, Marblehead Rock, and the East Rock 
of Cat Island : 

A tract of land for a light-house on the island of Cuttyhunk : 

A tract of land for a light-house on Monamoy Point in the county 
of Barnstable : 

Tracts of land in Chelsea for hospitals and a depot of ordnance 
stores : 

Tracts of lands for light-houses and fortifications on Long Point in 
Provincetown ; and on Sandy Neck in Barnstable ; also House Point 
Island in Provincetown : 

Dumpling Rock in Buzzard's Bay, and tracts of land on Noljsque 



Chap. 1.] places ceded to the united states. 51 

Point in Falmouth and at the entrance of Edgartown harbor, for 
light-houses : 

A tract of land near the mouth of the Merrimack River, in New- 
bury, for a pier or breakwater : 

A tract of land for a light-house on West Chop in Tisbury on 
Martha's Vineyard : 

The place called Nix's INIate in the harbor of Boston for a beacon : 

A tract of laud, not exceeding four acres, at the Neck in Marble- 
head, for a light-house : 

Straitsmouth Island in the harbor of Gloucester for a light-house : 

Tracts of laud for light-houses in Nantucket and at Nid's Point in 
Rochester : 

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

The i^lace called Minot's Rock or Ledge in Massachusetts Bay for 
a light-house : 

A tract of land not exceeding one-quarter of an acre, above high- i874, 383, § 2. 
water mark, near the Old Fort in Fairhaveu, and one of the Elizabeth 
Islands called the Sow and Pigs lying off the south-west side of the 
island of Cuttyhunk ; and Sow and Pigs reef : 

A tract of land for a light-house, not exceeding two acres, on 
Palmer's Island in the harlior of New Bedford ; and a tract of land 
for a light-house, not exceeding six acres, on Wing's Neck in Sand- 
wich : 

A tract of land for a light-house in Truro : 

A tract of land on Great Brewster Island in the harbor of Boston ; 

A tract of land for a light-house at Ilyaunis in Barnstable : 

A tract of land for a light-house at Sancoty Head in Nantucket : 

Three tracts of land, not exceeding one acre each, at the head of 
Holmes' Hole harbor in Tisbury, for light-houses : 

A tract of land for a light-house at Bass River in the county of 
Barnstable : 

Such tracts of land in Provincetown and Truro as may be used and 
improved for the preservation of Cape Cod harlior : 

Such tracts of land in Falmouth as may lie necessary for the con- 
struction and maintenance of a sea-wall in the harbor of Gi'eat Woods 
Hole : 

Egg Rock Island near Nahant ; and a site for a light-house in Truro : 

Sites for light-houses on or near the Point of Rocks in Westport ; 
and at the Spit in the harbor of Boston : 

A site for a beacon on Point Alderton Bar in the harbor of Boston : 

A tract of land in Gloucester for a custom-house : 

A tract of land in Barnstable for a custom-house : 

Egg Island Shoal in the harbor of New Bedford ; and such tracts 
of lanil on Clarke's Point in New Bedford as the United States deem 
needful for the purposes of military defence, and over the contiguous 
shores, flats, and waters, within four hundred yards from low-water 
mark : 

A tract of land not exceeding four acres on Billingsgate Island for 
a light-house : 

A tract of land in Cohasset for a light-keeper's house, warehouse, 
and wharf, for the convenience of Minot's Ledge light : 

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

A lot of land in Boston with the buildings thereon, formerly known 
as the "• Masonic Temple," with land adjacent thereto not exceeding 
twenty-five thousand feet, for a court-house : 

A tract of land in Maiden for a naval and military ordnance yard 1864, 2S3. 
and depot : 



52 



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



1865, 109. 
1867, 288. 
1867, 315. 



Concurrent 
jtirisdiclioii of 
the United 
Stales in land; 
acquired unde 
general laws. 

1871, 233. 

1872, 309. 

1873, 43. 

1874, 383. 
1375, 35. 



Corapensatior 
to owners, eti 

1871, 233, § 1. 

1872, 309. 
1879, 262. 

106 Mass. 3")0. 
115 Mass. 1. 
117 Mass. 302, 
307. 



Trial by jury 
may be Wilivei 
1371, 233, § 2. 



land ( 
Bioners may, 
with approval 



AViiitur Island in .Salem luvrl)or for military purposes : 
A tract of land in Falmouth for tile light-house establishment : 
(So much of Gallop's Island and of Point Alderton in Boston har- 
bor as may be necessary for the construction and protection of sea- 
walls : 

Two tracts of land on Long Island in Boston harlior for military 
works, sea-wall, and landing-place : 

.Several lots of lantl in Boston for a post-offlce and sub-treasury-: 

1868, 323. ISTU, 327. 1S71, S2. 1S73, 1S9. 

.Sites of Fort Andrew and Fort Staudish, near the entrance of 
Plymouth harbor. 

Sect. 4. The United .States shall also, if they have acquired or 
hci-eafter acquire a title thereto in fee, have jurisdictiou over any 
tracts of land within the commonwealth which may be necessary for 
the erection of marine hospitals, customs-oflices, post-offices, life- 
saving stations, light-houses, beacon lights, range-lights, light-keep- 
ers' dwellings, or for any signals for navigators : provided alivays, that 
a suitable plan of any such tract is filed in the office of the secretary 
of the commonwealth within one year after the title thereto is 
acquired. But the commonwealth shall retain concurrent jurisdiction 
with the United States in and over all such tracts of land so far that 
all civil and criminal processes issuing under authority' of the com- 
monwealth may be executed thereon in the same way and manner as 
if jurisdiction had not been ceded as aforesaid, and exclusive juris- 
diction over any such tract shall revest in the commonwealth when- 
ever such tract ceases to be used by the United States for such public 
purposes. 

.Sect. 5. If the agent or agents of the United States and the per- 
sons owning or interested in any estate which may be necessary for 
the erection of a life-saving station, light-house, beacon light, range- 
light, light-keeper's dwelling, or any signal for navigators, cannot 
agree upon the price to be paid for the interest of such persons there- 
in, such agent or agents may ai)ply liy petition to the superior court 
for tlie county in which such estate lies, jiraying to have a valuation 
thereof made by a jury. .Such petition may be filed in term time or 
in vacation, ancl shall contain a description of the premises to wliicii 
it relates ; and the court, after due notice to all parties interested, to 
be given in such manner as it may order, shall hoar tlu^ parties, and 
finally determine by a jury the value of their said estate. If the 
petition is filed in vacation, the notice above referred to may be 
ordered by the court sitting in any county. If any person other than 
the owilers of the fee of such estate appears and claims any interest 
therein, the value to the owners of the fee and to all other persons 
interested shall be ascertained and apportioned in the manner provided 
for the assessment of damages in section twenty-two of chapter forty- 
nine. If the value aforesaid has been ascertained by the verdict of 
the jury, and such verdict accei^ted and recorded by said court, and 
the amount thereof paid or tendered within one month after final 
judgment to said owners or persons interested, together with their 
reasonable costs and expenses to be taxed l>y the court, and, in case 
of their neglect or refusal to receive the same, if the amount of the 
verdict, costs, and expenses has been paid into the treasury of the 
commonwealth for their use and subject to their order, the fee of said 
estate shall thereupon be vested in the United .States. 

Sect. 6. The trial by jury provided in the preceding section may 
be waived by a writing filed with the clerk at any time before trial. 

.Sect. 7. The board of harbor and land commissioners, with the 
aitproval of the governor and council, may in the name and behalf of 
the commonwealth convey to the United .States the title of the com- 



Chap. 2.] 



THE GENEEAX, COURT. 



53 



ey may 
( uter upon 
lauds, etc. 
G. 8. 1, §4. 
T. W. Rev. 8t 
§ 46S1. 

County 



mouwealth to anj' tracts of land covered by navigable waters, and of governor, 
necessary for the purpose of erecting light-houses, beacon lights, uiuj fo?I?Jiit- 
ranoe-liffhts, or other aids to navigation, or light-keepers' dwellings, I'^Vr*;,'*'.';-. 

^^.. i>, j?j_i.TT-Pi*o ^lie United 

upon the application ot any authorized agent or agents ot the Lnitccl states. 
States : provided, that such title shall revert to and revest in the ^***''' ^**- 
commonwealth whenever such land ceases to be used for such pur- 
poses. 

Sect. 8. Persons employed on the coast survey, under acts of officers of coast 

congress, may enter upon lands within this state for any purpose ° 

which may be necessary to effect the objects of said acts, and may 
erect works, stations, buildings, or appendages, requisite for that pur- 
pose, doing no unnecessary injury. 

Sect. 9. If the parties iuteivsted cannot agree upon the amount 
to be paid for damages (•ause<l therelty, either of them may petition damagei"on"pe-'' 
the county commissioners for the county in which the land lies, who *'^'™ "'' ''"•"'■ 
shall appoint a time for a hearing as soon as may be, and order at 6. s.'i, § 5. 
least fourteen days' notice to all persons interested, and, with or with- 
out a view of the premises, as they may determine, hear the parties 
and assess the damages. 

Sect. 10. The commissioners shall file in the office of the clerk of CommisBioners 
the courts, or, in the county of Suffollv, in the office of the clerk of the etc. '^ ' '"" ' 
superior court for civil business, a report of their doings, which shall i^VjJp'- 
lie conclusive unless one of the parties within thirty days after the «. s.'i, §6. 
term of the superior court lield next after the filing of the report files 
a petition for a trial ; in which case, after notice to the opposite party, 
a trial shall be had in said court in the manner iu which other civil 
cases are tried. 

Sect. 1 1 . The ])erson so entering ui)on land may tender to the Tender, and 
l)arty injured amends therefor ; and if the damages finally assessed do Jefusai."^' 
not exceed the amount tendered, the person entering shall recover tJ. s. 1,5:. • 
costs ; otherwise the prevailing party shall recover costs. 

Sect. 12. Costs shall be taxed and allowed as if the proceed- Costs, how 
ings were an appeal from the decision of the commissioners, in the u^s.i, §8. 
same manner as they are taxed on appeals from judgments of trial 
justices. 

Sect. 13. Whoever wilfully injures, defaces, or removes any sig- Penalty for in. 
nal, monument, building, or appendage thereto, erected, used, or con- .i^™°s signa s, 
structed under said acts of congress, shall forfeit fifty dollars for G. s. 1, § 9. 
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 GENERAL COURT. 



ORGANIZATION or HOUSE OF REPRESENTA- 
TIVES. 

Section 

1. Secretary to make and deliver lists of per- 
sons returned. 

*2. Persons named in lists may take seats as 
members. 

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

4. Persons having certificates, etc., but not on 
list, to present credentials to presidins,' 
officer. 



petitions to the general court. 
Section 

5. Notice on petitions affecting individuals or 
private corporations. 

6. on petitions affecting cities and towns. 

7. on petitions for acts of incorporation, 
etc. 

8. Matters to be specified in notices. 

9. Proof of publication of notices, how 
made. 

10. Petitions to be presented within first ten 
days of session. 



54 



THE GENERAL COURT. 



[Chap. 2. 



Section 

11. Notice may be waived by all parties inter- 
ested. 

12. may in certain cases be given after the 
period limited. 

13. List of petitions to be published annually. 

14. Copy of all petitions to be laid by secretary 
before general court. 



COMPENSATION OF MEMBERS AND OFFICERS. 

15. Compensation of members of general court. 

16. of members chosen to fill vacancies or 
■who resign. 

17. of messengers, doorkeepers, and post- 
master. 

18. of pages. 

19. for extra services. 

20. Members, etc., may draw from treasury 
one hundred dollars each month. 

21. Salaries of clerks. 

22. of assistant clerks. 

23. of chaplains. 

24. of preacher of election sermon. 



misceli^neous provisions. 
Section 

25. Clerks of senate and house to hold office 
till successors are qualified. 

26. Appointment of deputy and assistant clerk 
of house. 

27. Doorkeepers, etc., not to exceed twenty- 
five in number. 

28. Custody of journals, etc., of the two 
houses. 

29. Members of committees may administer 
oaths. 

30. Testimony before general court or commit- 
tee not to be used against witness in crimi- 
nal proceeding, provided, etc. 

31. Bills and resolves to be engi'ossed on parch- 
ment, bound, etc. 

32.. Proposed amendments to the constitution 
to be engrossed on parcliment. 

33. Members of general court not eligible to 
certain oflices. 

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

35. Election sermon, when and where to be 
preached, etc. 



Secretary to 
make and de- 
liver lists of 



Persons named 
in lists may take 



G. S. 2, § 2. 

AVhen, and by 
whom, house 
shall be called 
to order; and 
wno shall pre- 
side. 
G. S. 2, § 3. 



Persons having 
certificaies, etc., 
but not on list, 
to present cre- 
dentials to pre- 
siding officer. 
G. S. 2, § 4. 



ORGANIZATION OF THE HOUSE OF REPRESENTATIVES. 

Section 1. The secretaiy of the commonwealth shall receive and 
examine the certificates of the election of representatives to the 
general court returned into his olUce, and shall make a list of the 
persons therein named. On the Tuesday next preceding the first 
Wednesday of January in each year he shall deliver to the sergeant- 
at-arms a list of the persons then returned, and upon receiving 
any further certificates before the house is called to order he shall 
immediately make and deliver to the sergeant-at-arras 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 members are called to 
order. 

Sect. 2. The persons whose names are borne on tlie lists delivered 
to the sergeant-at-arms shall be admitted by him to take seats as 
members in the representatives' chamber on the said first AVednesday 
of January or at any time afterwards. 

Sect. 3. On the said first AVednesday of January, between the 
liours of ten in the forenoon and twelve at noon, the persons so 
returned and admitted as members into tlie representatives' chamber 
shall be called to order by the eldest senior member present ; and 
such member shall be the presiding officer of the house until a speaker 
is chosen or the house otherwise directs. 

Sect. 4. Any person having a certificate or other documentary 
evidence of his election as a representative, but whose name is not 
on the before-mentioned lists, may, after the house is called to order, 
present such certificate or evidence to the presiding officer or to the 
speaker, if one has been chosen, who shall communicate the same to- 
the house for their order thereon ; but such person shall not take a 
seat as a member until permitted so to do by the house. 



Notice on peti 
ti'iiis aftecting 
iiulividuals 



PETITIONS TO THE GENERAL COURT 



Sect. 5. Wlioever intends to present to the general court a peti- 
tion affecting the rights and interests of individuals or of private 
private corpora- corporations sliall givc notice of such intention by publishing a copy 
, § 8. of the petition four weeks successively in some newspaper published 



ChAI". 2.] THE GENERAL COURT. 55 

in the coimties iu which such individuals reside or such corporations 
are established, the last of said publications to be at least fourteen 
(lays before the session at which the petition is to be presented. Such 
newspaper shall be designated by the petitioner and approved by the 
secretary of the commonwealth. 

Sect. 6. Whoe\er intends to present a petition affecting the rights Notice on peti- 
of a city or town shall cause a copy of such petition to be served c'Sand^to^ns. 
upon such city or town by a person not a party to the petition or «■ «■ 2, § 9- 
interested therein, and shall give notice thereof in the manner pro- 
vided in the preceding section, the service of the copy to be at least 
lourtcen days before the Tuesday next after the first Monday in the 
month of November preceding tlie session at which the petition is to 
l)e presented. 

Sect. 7. Wlioever intends to present a petition for an act of in- ou petitions 
corporation, or for an alteration or extension of the charter of a cor- pJi-at'ion^etcr' 
poratiou, shall give notice of such intention by an advertisement, at U.S. 2, §10. 
least four weeks immediately preceding the session at which the peti- 
tion is to be presented, in some newspaper printed in the county 
where such corporation is, or is intended to be, established. Such 
newspaper shall be designated and approved as provided in section 
live. 

Sect. 8. The notice of a petition for an act of incorporation shall Mutters to be 
specify the amount of capital stoclv required ; the notice of a petition noti'ces. "" 
for the alteration or extension of a charter sliall specify the alteration S-J^-g-g'.^ P.-, 
or extension intended to be asked for; and tlie notice of a petition 
for a charter of a street railway company sliall designate tlie intended 
route with such certainty as to give information to all persons to be 
affected thereby. 

Sect. 0. Proof of the publication of the notice required in the Proof of pubii- 
])receding sections may lie made by the affidavit of the printer or tices.Vow'madei 
[niblisher of file newspaper in which the publication has been made, or f-.!}-^' §i|- 
by any other satisfactory evidence. Proof of the service of any such "' ' 
notice may be made by affidavit of the person who made the same. 

Sect. 10. All petitions referred to in the preceding sections shall Petitions to be 
be presented, with due proof of notice thereof, to the general court fn'tire"t'teiiTays 
within the first ten days of its session. g. s. 2, § 12. of session. 

Sect. 11. When it appears by satisfactory evidence that all par- Notice may be 
ties interested in the subject-matter of a petition have waived notice, piilSes inter, 
or have received satisfactory notice, no other or further proof of ^1%^, 
notice shall be required. 

Sect. 12. When it appears, upon satisfactory evidence under mayincer. 
oath, that the requisite notice of a proposed petition has been omitted given after the 
by reason of unavoidable accident and without default on the part of ^gga^jj'Ti''''" 
the petitioner, or that the subject-matter of the petition did not admit 
of such previous notice, a notice shall be accounted sufficient if given 
for the required period of time as soon as the petitioner has dis- 
covered his omission, or if given within a reasonable time after the 
subject-matter of the petition has arisen or become known : 2^''ovicled, 
that such petition is presented within tliirty days after the assem- 
bling of the general court. 

Sect. 13. The secretarj' of the commonwealth shall, on the first List of petitions 
Wednesday of January in each year, publish, in the newspaper annuaUy^"''""' 
wherein are published pursuant to law the general laws and other istss, ais. 
otHcial information, a complete list of all petitions intended to be 
presented to the general court of that year, and of which he may 
have had official notice. In such list shall be stated the name of the 
leading petitioner in each case, the objects of the petition, the nanii' 
and location of the newspaper approved by the secretary for publica- 
tion, and the date of such approval. 



56 



THE GENERAL COUKT. 



[Chap. 2. 



Copy of all 

{jetitione to be 
aid by secretary 
before general 



Compensation 
of members of 
general court. 
1870, 78, § 1. 



of messengers 
doorkeepers, 
and postmas- 



Members, etc., 
may draw from 
U-easury one 
hundred dollars 
eacb mouth. 
1872, 328, § 2. 
1880, 212, § 4. 

Salaries of 
clerks. 
1880, 263. 

of assistant 
clerks. 
1880, 253. 

of chaplains. 
1879, 78, § 8. 

of preacher of 
election sermon. 
1879, 78, § 9. 



Sect. 14. The secretary shall also cause to be printed in one 
document and laid before the general court on the second Wednesday 
of January in each year a copy of all the petitions referred to in the 
preceding section, and the subject-matter of such petitions shall then 
be deemed to be in the possession of the general court for its action 
thereon. The secretary shall furnish a copy of this section to each 
petitioner. 

COMPENSATION OP MEMBERS AND OFFICERS. 

Sect. 15. Each member cff the senate and house shall receive five 
hundred dollars for the regular annual session for which he is elected, 
and one dollar for every five miles' travel from his place of abode, 
once in each session, to the place of the sitting of the general court ; 
and the president of the senate and the speaker of the house shall re- 
ceive double the compensation provided for members, except for travel. 

SiscT. 16. Each member of the senate or house who is chosen to 
fill a vacancy, and each member who resigns liis seat (luring the ses- 
sion, shall be entitled to a per diem coiiii)ensation, for the time of 
his membership, at the rate of five hundred dollars for the session. 

Sect. 17. The compensation of the messengers of the senate and 
house shall be the same as that which may be fixed by law, from time 
to time, for the members of the general court for the regular annual 
session ; and the doorkeepers, assistant doorkeepers, and postmaster 
shall receive the same compensation as the messengers, and one hun- 
dred dollars each in addition for the regular annual session. 

Sect. 18. The compensation of the pages of the senate and 
house shall be three-fifths of the amount allowed the messengers for 
the regular annual session. 

Sect. 19. If any of the officials named in the two preceding sec- 
tions are employed by the sergeant-at-arms before or after the regu- 
lar annual session, they shall receive for such service a sum per diem 
in proportion to the amount received for each day of the regular 
annual session. 

Sect. 20. Members of the senate and house and the other offi- 
cials above mentioned may draw from the treasury at the end of each 
month one hundred dollars, provided that such monthly payments 
shall not exceed in the aggregtite the sum fixed by law as the com- 
pensation of the meml)er or oifieial for the annual session. 

Sect. 21. The clerks of the senate and house shall each receive 
a salary of two thousand and five hundred dollars a year. 

Sect. 22. The assistant clerks of the senate and house shall 
each receive a salary of nine hundred dollars for the session. 

Sect. 23. The chaplains of the senate and house shall each re- 
ceive a salary of three hundred dollars a year. is79, 304. 

Sect. 24. The compensation of the preacher of the election ser- 
mon shall be fifty dollars. 



Clerks of senate 
and house to 
hold olHce till 
successors are 
qualified. - 
Appointment 
of deputy and 
assistant clerk 
of house. 
G. S. 2, § 6. 

Doorkeepers, 
etc., not to ex- 
ceed twenty- 
live in number. 



MISCELLANEOUS PROVI.SION.S. 

Sect. 25. The clerks of the senate and the house shall hold ofl^ce 
until their successors are chosen and qualified. 

G. S. 2, § 6. 1868, 37. 

Sect. 26. The clerk of the house, in case of sickness, necessary 
detention, or leave of absence, may in writing appoint a deputy for 
not more than three days. He may also, if necessary, ai)point an 
assistant, subject to the approval of the house. 

Sect. 27. The number of doorkeepers, assistant doorkeepers, 
messengers, and pages of the senate and house, shall not exceed in all 
twentv-five. 1879, 7S, § 10. 



Chap. 2.] the general court. 57 

Sect. 28. The journals, files, and papers appertaining to the sen- Cusiodyof 
ate and house and to their proceedings shall be in the custody of their lhe™vo 'houBes.' 
respective clerks during each political j'ear ; and after its expiration g. s. 2,_§ 21. 
such flies and papers shall be in the custody of the secretary of the ' ' ' " ' 
commonwealth ; but the clerks of the two houses, during the terms of 
their respective offices, shall at all times have access to the same. 
Copies of such journals, flies, and papers, certified by the clerk of 
the house to which they originally appertained, shall be evidence in 
like manner as the originals. , 

Sect. 29. Senators and representatives acting as members of a Members of 
committee of tlie general court may admiuister oaths to persons ex- admlnisto'* ""' 
amined before such committee. g. s. 2, § 20. oaths. 

Sect. 30. The testimony of a witness examined before either Testimony be- 
branch of the general court, or before a committee thereof upon a comfor*c'om- 
subject referred to such committee, or a statement made or paper mittee not to 
produced by a witness on such an examination, shall not be used witness in ciimi. 
as evidence against him in any criminal proceeding or penal action pji^de'd'^etc^' 
in a court of justice; but no official paper or record produced by 1878, si. ' 
.such witness on such examination shall be iield or taken to be included 
within such privilege so as to protect him in any such criminal pro- 
ceeding or penal action, aud nothing in this section shall be construed 
to exempt a witness from prosecution and punishment for perjury 
committed by him in testifj'ing as aforesaid. 

Sect. 31. All bills aud resolves passed to be engrossed shall. Bills and re- 
under the direction of the secretary of the commonwealth, be fairly engrossed on 
engrossed on parchment in a i)lain and leoible hand-writing without paidnnent. 

^,. .*,., .™ ,^, ., 1 bound, etc. 

interlmeatiou, aud With a margm 01 not less than one inch on each 0.8.2,522. 
side ; each sheet on which bills are engrossed shall be eighteen inches i*"'2''i- 
long and thirteen inches wide ; and each sheet on which resolves are 
engrossed shall be fifteen inches long aud ten inches wide. The 
secretary shall cause the acts and resolves of each session to be 
neatly and strongly bound in separate volumes of convenient size, and 
lettered on the back with a designation of the contents and the legis- 
lative year. 

Sect. 32. All proposed amendments to the constitution, which Proposed 

T... »., , i-^i amendments to 

are agreed to at any session of the general court m the manner pre- the constitution 

scribed in the constitution, shall be engrossed on parchment, signed „" ''ar'SunenT'' 

l.)y tlic presiding officers of the two branches, and deposited in the Amend, const, 

office of the secretary of the commonwealth. ises, ise. '"''• *■ 

Sect. 33. No member of the senate or house shall, during the Members of 

term for which he is elected, be eligible to any office under the nore'iigiWe to 

authority of the commonwealth created during such term, except an «''''|",5 "'^fg'^*- 

office to be filled by vote of the pedicle. 1 Alien, 552. 

Sect. oi. The general court sliall hold no session for the transac- General court 

tion of ordinary business on Thanksgiving, Fast, or Christmas day, Mss^orTcertain' 

the twenty-second day of February, the thirtieth day of May, the '^y^- ^ ,„^ 

fourth day of July, nor on the following day when either of the three is'si.'fi. 
days last mentioned occurs on Sunday, and the public offices shall be 
closed on said days. 

Sect. 35. The annual election sermon shall be preached in some Election ser- 

house of religious worship in the city of Boston, to be designated „heretobe 

each vear by the governor, under whose general direction proper p"'"',''/^' ^l""- 

'' ,^ . , ,, , T . 1 ,. ._! • *. ^^^- 1875, 62. 

arrangements for the service shall be made, mcluding the appoint- 
ment of the time when it shall take place. 



58 



THE STATUTES. 



[Chap, 3. 



CHAPTER 3. 



OF THE STATUTES. 



Bbction 

1. ^Vhen Btatiites shall take eftect. 

2. Resolves to take effect upon p.issnge. 

3. Rules for construing statutes. ^ 

1st, Repeal not to revive previous statutes. 

2d, Repeal not to affect penalties, etc., 
previously incurred. 

3d, Words and phrases to be construed 
according to usage, etc. 

4th, Singular and plural number, mascu- 
line gender, etc. 

5tb, Joint authority, how exercised. 

6tb, "Annual meeting." 

7th, " Grantor " and " grantee." 

8th, "Highway." 

9th, "Inhabitant." 

lOtb, *' Insane person " and " lunatic." 



11th, 


'Issue." 


l-2tli, 


'Laud," "lands," and " 


tatf 




13th, 


' Mouth " and " year." 


14th, 


' Oath." 


15th, 


' Ordinance." 


16th, 


' Person." 


17th, 


' riace." 


18th, 


' Preceding" and " followii 


19th, 


' Seal." 


20th, 


' Speudthvift." 


21st, 


' State " and " United State 


22d, 


' Sworn." 


23d, 


' Town." 


24th, 


■Will." 


25th, 


' Written " and " in writing 



When statutes 
shall take eftect. 
a. S. 3. « 6. 
10 M.ass. 290. 
3 Gray, 608. 
6 Gr.aj-, 316. 
16 Gray, 144. 
108 Mass. 32. 

Resolves to take 
effect upon pas- 
sage. 

Rules for con- 
struing statutes. 
G. S. 3, §7. 



Repeal not to 
revive previous 
statutes. 

not to affect 
penalties, etc., 
"ously iu- 



■red. 



Words and 
phrases to be 
construed ac- 
cording to 
usage, etc. 
G.S. 3, §7, cl. 1. 

7 Allen, 295, 305. 

8 Allen, 298. 
Singular and 
plural number, 
masculine gen- 
der, etc. 
G.S.3, §-,cl.2. 



G. S.3, §7, cl.3. 
« Met. 343. 
5 Cush. 272. 

" .Vnnual mert- 
G. S. 3, § 7, cl. 4. 

" Gr.autor " and 



Section 1 . Every statute shall take effect at the same time througli- 
oiit the commonwealth, and, if it does not expressly prescribe the time 
when it shall go into operation, shall take effect on the thirtieth day 
next after the day on which it is approved by the governor or other- 
wise passed and approved couformaltly to the provisions of the 
constitution. 

Sect. 2. Every resolve shall take effect upon its passage, unless 
otherwise specially provided. i864, 2S7. 

Sect. 3. In the construction of statutes the following rules shall 
be observed, unless such construction would be inconsistent with the 
manifest intent of the general court or repugnant to tiie context of 
the same statute ; that is to say, — 

First, The repeal of an act or resolve shall not revive any statute 
in force before the act or resolve repealed took effect. ism, 4io, ci. i. 

Second, The repeal of an act shall not affect any punishment, 
penalty, or forfeiture incurred before the repeal takes effect, or any 
suit, prosecution, or proceeding pending, at the time of the repeal, for 
au offence committed, or for the recovery of a penalty or forfeiture 
incurred, under the act repealed. 

Third, Words and phrases shall be construed according to the 
common and approved usage of the language ; but technical words 
and phrases, and such others as may have acquired a peculiar and 
appropriate meaning in the law, shall be construed and understood 
according to such peculiar and appropriate meaning. lo Alien, 157. 

Fourth, Words importing the singular number may extend and 
be applied to several persons or things ; words imijorting the plural 
number may include the singular, and words importing the masculine 
gender may be applied to females. io5 Mass. 35. 

Fifth, Words purporting to give a joint authority to three or more 
public officers or other persons shall be construed as giving such 
authority to a majority of such officers or persons. 

7 Gray, 131. 16 Gray, 343. 113 Mass. 174. 

Sixth, The words "annual meeting," when applied to towns, 
shall mean the annual meeting required by law to be held in the 
months of February, March, or April. 

Seventh, The word "grantor" may include every person from or 
by whom a freehold estate or interest passes in or by any deed ; and 
the word "grantee" may include every person to whom such estate 
or interest so passes. 



Chap. S.J 



THE STATUTES. 



59 



Eighth, The word "highway" may include county bridges, and 
shall be equivalent to the words '• count}' way," " county road," and 
■• common road." 

Ninth, The word '• inhabitant" may be construed to mean a resi- 
dent in any city or town. 6 Alien, 425. 122 Mass. .595. 

Tenth, The words "insane person" and "lunatic" shall include 
e\eiy idiot, uon compos, lunatic, insane, and distracted person. 

Eleventh, The word " issue," as applied to the descent of estates, 
shall include all the lawful lineal descendants of the ancestor. 

Twelfth, The words " land," ''lands," and "real estate" shall 
include lands, tenements, and hereditaments, and all rights thereto 
and interests therein. g.s.b,§7,c1. lo. i20Mas8.i69. 

Thirteenth, The word "month" shall mean a calendar month, 
aud the word " year " a calendar year, unless otherwise expressed ; 
and the word ' • year ' ' alone shall be equivalent to the expression 
" year of our Lord." 

Fourteenth, The word "oath" shall include "affirmation" in 
cases where by law an affirmation may be substituted for an oath. 

Fifteenth, The word "ordinance," as applied to cities, shall be 
synonymous with the word " bj'-law." 

[Sixteenth, Tlie word "person" may extend and be applied to 
bodies politic aud corporate. 4Cu6b. 589. lacusii. 59. s Oiay, 510. 

Seventeenth, The word " place " may mean city and town. 

11 Gray, 81. 102 Mass. 215. 

Eighteenth, The words "preceding" and "following," when used 
liy way of reference to any section of the statutes, shall mean the 
section next preceding or next following, unless some other section 
is expressly designated in such reference. 

Nineteenth, When the seal of a court, public office, or corporation 
is required Ijy 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 l\v means of a wafer or wax affixed 
thereto. 

Twentieth, The word "spendthrift" shall include every one who 
is liable to be put under guardianship on account of excessive drink- 
ing, gaming, idleness, or debauchery. 

Twenty-tirst, The word "state," when applied to the different 
parts of the United .States, shall extend to and include the District of 
Columbia and the several territories, and the words "United States" 
shall be construed to include said district and territories. 

Twenty-second, The word "sworn" shall include "affirm" in 
cases where by law an affirmation may be substituted for an oath. 
When applied to public officers who are required by the constitution 
to take the oaths therein prescribed, it shall be construed as refer- 
ring to those oaths ; aud when applied to any other officer it shall, 
unless other provision is specially made, be construed to mean sworn 
to the faithful discharge of the duties of his office before a justice of 
the peace. 

Twenty- third. The word "town" may lie construed to include 
cities. 

Twenty-fourth, The word " will " shall include codicils. 

Twenty-fifth, The words "written" and "in writing" may in- 
clude printing, engraving, lithographing, and any other mode of rep- 
resenting words and letters ; lint when the written signature of a 
person is required by law, it shall always be the proper hand-writing 
of such person, or, in case he is unable to write, his proper mark. 



" Highway.** 
G. S.3,§7,cl. 6. 



" Inhiibitant." 
G.S.3, §7,cl. 7. 

" Insane per- 
son " and " lu- 
ualic." 

G.S.3, §7, 01.8. 
" Issue." 
G. S.3, § 7, cl.9. 
" Land," 
*' lauds," aud 
" real estate." 



" Month " and 
" year." 

G.S.3,§7,cl.n. 
14 Gray, 37. 



" Oath." 
G.S.3,§7,cl.l2. 

" Ordinance," 
G.S.3,§7,cl.21. 

" Person." 
G.S.3,§7,cl.l3. 
3 Cush. 45. 



*' Preceding" 
and '* follow- 
ing." 
G.S.3,§7, cl.U. 



G.S.3,§7,cl.l5. 
10 Allen, 251. 
14 Allen, 387. 



"State" and 
" United 
States." 
G.S.3,§7,cl.l6. 



Const, pt. 2, 
c. 6, art. 1. 
Amend, const. 



"Written" and 
" in writing." 
G.S.3,§7,cl.20 
9 Pick. 312. 



60 



FKINILNG AND DISTKIBUTION OF LAWS, ETC. [ChAP. 4. 



C II AFTER 4. 



OF THE PRINTING AND DISTKIBUTION OF THE LAWS AND 
PUBLIC DOCUMENTS. 



printing and distribution of the laws. 
Section 

1. Preparation aud contents of " Blue Book." 

2. Printing and distribution of ** Blue Book." 

3. P.iraphlet edition of acts and resolves. 
■4. Publication of laws, etc., in newspaper. 



AND DISTRIBUTION OF PUBLIC 
DOCUMENTS. 

5. Annual reports when to be made, etc. 

6. Special reports. 



Section 

7. Number of " public document " series to 
be printed. 

8. Distribution of "public document" series. 

9. Printing of manual, governor's address, etc. 

10. Further distribution of documents, etc. 

11. Treasurer, auditor, etc., may require their 
reports to be put in tj'pe in advance. 

12. Books, etc., to be furnished to new towns. 

13. Case of loss or destruction of books fur- 
nished to towns. 



PRINTING AND DISTKIBUTION OF THE LAWS. 

Prep.-iration :md SECTION 1 . The Secretary of the commonwealth shall at the close 

^BimBook." of each session of the general court collate and cause to be printed 

Const, pt. 2, ill one volume, in style and arrangement as heretofore, all the acts 

(>.8.'3,'§i! and resolves passed and any amendments to the constitution agreed 

1865, 156. iQ during such session, with the governor's address and messages, 

the constitution of the commonwealth, a list of the changes of names 

returned during the preceding ja^ar by the probate courts, a list of the 

officers of the civil government of the commonwealth, and an index. 

I'rintingand Sect. 2. Four thousand and Ave hundred copies of said volume 

"'biuc BoTk"" shall lie printed, and the secretary shall immediately after their publi- 

o. s. 3, § 2. cation deiiosit one of said copies in his office, and distribute others as 

18(38, 65, §2. f u 

ISSl, 293, §§ 3, 4. 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 copies. 

To the librarian of the state library, for the use of the library, 
five copies. 

To each member of the general court, and to the clerks of the two 
branches, eight copies. 

To the following officers, persons, ana institutions, one copy 
each : — 

The governor ; the lieutenant-governor ; each member of the coun- 
cil ; the attorney-general ; the auditor of accounts ; the treasurer and 
receiver-general ; the adjutant-general ; the masters in chancerj' ; the 
judges, clerks, and registers of the judicial courts ; the district- 
attornej's ; the countj^ commissioners ; the sheriffs and keepers of 
jails ; the registers of deeds ; the keepers 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 ; Harvai'd Uni- 
versity, for the law library ; Harvard University ; Williams College ; 
Amherst College ; Tufts College ; Historic-Genealogical Society ; the 
trustees of the Museum of Comparative Zoology ; the American 
Academy of Arts and Sciences ; the Massachusetts Historical Soci- 
ety ; the Boston Athenaeum ; the American Antiquarian Society in 
AVorcester ; the Pilgrim Society in Plymouth ; the Old Colony His- 
torical 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 United States for the district of Massachu- 
setts ; the clerks of the courts of the United States for the district 
of INIassachusetts. 



Chap. 4.] feinting and distribution of laws, etc. 61 

To the secretary of state of the United States, four copies. 

To the secretary of each state of the Uuiou, for the use of the 
state, three copies. 

To the library of congress, three copies. 

To each atheiia.Him, incorporated library, and public library estab- 
Hshed under the laws of this commonwealth, upon application of 
the librarian thereof, one copy. 

Sect. 3. The secretary of the commonwealth shall also, at the p.imphiet edi- 
close of each session of the general court, cause to be published in andresoircs 
Ijamphlet form twenty-two thousand copies of all the acts and resolves ises, ise. 
[lassed and of any proposed amendments to the constitution agreed IIH] 293,^/3. 
to during such session, and shall cause said copies to be apportioned 
according to the census, and sent to the clerks of the several cities 
and towns, to be delivered by them to such inhabitants of said cities 
and towns as make application therefor ; but when it appears from 
tiie representation of the clerk of a city or town that the number 
of copies to which such city or town is entitled is greater than the 
number applied for by its inhabitants, the portion assigned to such 
city or town may be diminished, and the secretary shall cause the 
reserved surplus to be distributed in such a manner as in his judgment 
tlie public good maj' require. 

.Sect. 4. The secretary shall at an annual expense of not more Publication of 
than live hundred dollars publish the general laws and other official ne^'jpaperl" 
information intended for the pul)lic in such newspaper in the common- «• S- 3. § t- 

,.,1 1 . 18B5, 193. 

wealth as he may select. 

PRINTING AND DISTRIBITION OF PmLIC DOCUMENTS. 

Sect. 5. The annual reports which are required liy law or custom Annual repons 
to lie made to the governor and council, to the general court, to the made.'etc'.'^ 
secretary of the commonwealth, or to the governor to be by him g. s. 4, §§1,9. 
transmitted to the general court, shall, except when other provision is 
made, include the year ending on the thirtieth day of September, and 
lie sulimitted to the secretary of the commonwealth on or before the 
lifteenth day of October; and whoever wilfully neglects to make and 
transmit a report as required by this section shall forfeit ten dollars 
for each da\' such neglect continues. 

Sect. 6. Public officers and boards and managers of public insti- Special reports 
tiitions shall, in addition to their annual reports, make special reports ■ ■ 'S • 
when the public interests require them. 

Sect. 7. There shall be printed annually, on or before the as- Number of 
semliling of the general court, or as soon thereafter as possible, the mint "'series 
iHimber of copies of documents and reports specified in the following '" '^'^ p™^?- 

, , ,. . , n,T-»,i'T-^ lool, i9tj, s 1. 

hst, tlie same to be numbered m a series to be called Pubhc Docu- 
ments, and distributed as herein provided. Said reports shall be 
made as brief as may be without omitting any facts or information 
wliicli the officers or departments making them are required by law to 
furnish therein, and they shall be transmitted to the general court 
through the office of the secretary of the commonwealth. No larger 
lumilier of copies than is herein provided for shall be printed at the 
expense of the commonwealth, or be paid for out of any contingent 
fund or out of the earnings of any department or institution, where 
such earnings are the property of the commonwealth ; and no bill for 
printing any larger numl>er shall be approved by the auditor or paid 
uut of an}' funds belonging to the commonwealth. 

Report of treasurer and receiver-general, one thousand copies. 

Report of auditor of accounts, one thousand two hundred and fifty 
copies. 

Report of attorney-general, one thousand copies. 



62 



PRINTING AND DISTRIBUTION OP LAWS, ETC. [ChAP. 4. 



[Words in 
brackets 
inserted. 
See p. 1286. 
1882, 6, § 1.] 



DiBtribution of 
*' public docu- 
ment" seriefl. 
G. S. 4, § 8. 
1881, 293, § 2. 



Eepoit of adjutant-general, one thousand seven hundred and flftj 
copies. 

Keiwrt of secretary of board of education, four thousand copies. 

Report of librarian of state library, one thousand copies. 

Eeport of secretary of board of agriculture, eight thousand copies. 

Report of state board of health, lunacy, and charitj', two thousand 
copies. 

.Sui)plementary report of the health department of said board, four 
thousand five hundred copies. 

Report of railroad commissioners and returns of railroad corpora- 
tions, oue thousand five hundred copies. 

Report of railroad commissioners, without returns, one thousand 
seven hundred and fifty copies. 

Report of savings bank commissioners, one thousand five hundred 
copies. 

Report of savings bank commissioners on the accounts of county 
officers, one thousand copies. 

Report of insurance commissioner on fire insurance, two thousand 
copies. 

Report of insurance commissioner on life insurance, two thousand 
five hundred copies ; five hundred of which shall be placed at the dis- 
posal of the commissioner. 

Report of harbor and land commissioners, one thousand five hun- 
dred copies ; five hundred of which shall be placed at the disposal of 
said commissioners. 

Report of board of commissioners of prisons, one thousand seven 
hundred and fifty copies ; of that portion of said report referring to 
the rcformatorj' prison for women, five hundred copies for the use of 
the superintendent ; of that portion referring to the state prison, five 
hundred copies for the use of the warden ; and of that portion refer- 
ring to the agent for aiding discharged convicts, two hundred and 
fifty copies for the use of said agent. 

Report of commissioners of inland fishei'ies, two thousand copies. 

Report of tax commissioner, one thousand five hundred copies. 

Aggregates of polls, property, and taxes, one tiiousand five hun- 
dred cojnes. 

Al)stract of returns of corporations, two thousand copies. 

Report of registration of births, marriages, and deaths, three 
thousand copies. 

Report of bureau of statistics [of labor], four thousand copies. 

Report of the trustees of state primary and reform schools, one 
thousand five hundred copies. 

Rei)orts of trustees of the lunatic hospitals at Northampton, Taun- 
ton, Worcester, Danvers, and of the state workhouse at Bridgewater, 
one thousand copies each. 

Report of board of trustees of the state almshouse, one thousand 
copies. 

Reports of trustees of Perkins institution and Massachusetts 
school for the blind, and of school for idiotic and feeble-minded youth, 
one thousand copies each. 

Sect. 8. Five hundred copies of each of the series of public docu- 
ments named in the preceding section shall be retained l>j' the state 
printers for binding in sets ; and the secretary of the commonwealth 
shall furnish one set, in a bound volume with a brief index, to each 
city and town in the commonwealth, to be preserved in some public 
place therein, and one set to such pulilic and other libraries as he in 
his discretion may select. All public documents, the distribution 
of which is not otherwise provided for, shall be distributed under 
direction of the secretary of the commonwealth and of the secre- 



Chap. 4.] printing and distribution of laws, etc. 



63 



taries or heads of the several boards aud departments to which they 
1 elate. 

Sect. 9. There shall also be printed the following : — 

Of the manual of the general court, to be prepared each year by 
the clerks of the two branches, four thousand live hundred copies. 

Of the lists of members and committees of the general court, to 
be prepared each year by the clerks of the two branches, one thousand 
live hundred copies ; three hundred aud lifty of which shall be bound 
ill memorandum-book form, for the use of members and officers of 
the general court. 

Of the governor's address, nine hundred copies for the use of the 
oeneral court, and one thousand one hundred copies in addition ; live 
hundred of which shall be for the personal use of the governor. 

Of the election sermon, one thousand copies ; one hundred of which 
shall be for the personal use of the preacher. 

Of the report of the trustees of the agricultural college, nine hun- 
dred copies for the use of the general court, and three hundred and 
lifty copies in addition for the use of the college. 

Sect. 10. Each member of the executive aud legislative tlepart- 
ments, the clerks of both branches of the general court, and each 
reporter assigned a seat in either branch, shall be entitled to receive 
one copy of each of the books named in sections seven and nine. 

Each member of tlie general court shall be entitled to receive eight 
copies of the manual ; three hundred copies thereof shall be reserved 
for the succeeding general court ; one copy shall be sent to each of 
the free and public libraries in the commonwealth ; and the remain- 
ing copies of the manual and of the lists of members aud com- 
mittees shall be in charge of the clerks of the two branches, to be 
distributed by them at their discretion, l)ut members of the general 
court and state officers shall be entitled to first consideration. 

Each member of the general court and the clerks of the two 
branches shall also be entitled to receive twelve additional copies of 
the report of the secretary of the board of agriculture ; seven addi- 
tional copies of the supplementary report of the health department 
of the lioard of healtli. lunacy, anil charity; seven additional copies 
of the report of the bureau of statistics ; and five additional copies of 
the reijort of the secretary of the board of education. 

Sect. 11. The treasurer, auditor, attornej'-general, adjutant-gen- 
eral, board of education, and board of agriculture, may require any 
\)ortion of their reports to be put iu type previous to the first Wednes- 
day in January annually, when the same can be done consistently 
with the public advantage. The governor may also require his annual 
address so to lie put in type. 

Sect. 12. The secretary of the commonwealth shall furnish to 
every town hereafter incorporated a full set of the reports of the 
decisions of the supreme judicial court, a copy of the Public Stat- 
utes, and copies of all such books and documents then in his office as 
. shall have been previously furnished to towns by the commonwealth : 
prodded that the clei'k of such town shall first file with the secretary 
a certificate in writing to the effect that the town has provided at its 
own expense a suitable book-case for the preservation of the liooks 
and documents so to be furnished. 

Sect. 1.3. No town which has ever been furnished with any books 
or documents shall, in case of their loss or destruction, be again sup- 
plied with the same at the expense of the commonwealth. 



PrintiDi; of 
m!iuu.il, gov- 
ernor's nddreee, 
etc. 
1881, 293, § 3. 



Furtlier dis- 
tribution of 
documents, etc 
1881, 293, § 4. 



Treasurer, au- 
ditor, etc., may 
require their 
reports to be 
put in tji^e ill 
.idvance. 
G. S. 4, § 10. 



be furnislied to 



Case of loss or 
destruction of 
books furnished 
to towns. 
1877, 130, § 2. 



64 



STATE HOUSE, SERGEANT-AT-ARMS, ETC. [ChAP. 5. 



CHAPTEE 5. 

OF THE STATE HOUSE, THE SERGEAXT-AT-ARMS, AND THE 
STATE LIBRARY. 



THE STATE HOUSE AND THE SERGEANT-AT- 
AR3IS. 

Section 

1. Sergeant-at-arms, how chost-n, removed, 
etc. 

2. Assistant sergeunt-at-arms, how appointed, 
etc. 

3. Bond and duties of sergeant-at-arms. 

4. Care of state house. 

5. Appoinlment of doorlseepers and assist- 
ants. 

6. of eergeant-at-arms' messengers. 

7. Their duties. 

8. Prevention of trespasses, etc., at state 
house. 

9. Appointment of engineer, watchman, fire- 



, etc. 



10. Salaries of sergeai 



s, etc. 



Section 

11. Sergeant-at-arms, etc., to receive no fees. 

12. Commissioners on state house to have 
charge of appropriations, etc. 

13. Joint standing corarailtee on state house. 

THE STATE LIBRART. 

14. By whom library nnty be used. 

15. To be under control of three trustees. 

16. Duties of trustees. 

17. Librarian and assistant. 

IS. Trustees and librarian may employ assist- 

19. Boolis, etc., Ijelonging to commonwealtli to 
be placed in library. 

20. .Vnniial appropriation for library. 

21. Librarian to make annual report to general 



Assistant ser- 
geant-at-arms, 
how .appointed. 



THE ST.\TE HOUSE AND THE SERGEANT-AT-.VRJIS. 

Section 1. The general court shall annually in January choose a 
sergeant-at-arms, who shall hold ottice until he is removed or sus- 
pended, or until another is chosen in his stead. For misconduct or 
other sufficient cause he may be removed from office liy the general 
court, or, during its recess, may be suspended by the governor and 
council. When a vacancy occurs during such recess, the governor 
and council may appoint a suitaljle person to perform the duties of 
the office until a new election. 

Sect. 2. In case of the disability or necessary absence of the 
sergeant-at-arms, he may appoint, subject to the appro^■al of the pre- 
siding officers of the two branches of the general court, or, during 
its recess, of the governor, a suitalile person to perform the duties of 
his office during such disability or absence. Such officer shall be 
called the assistant sergeant-at-arms, and his compensation shall be 
paid l)y the sergeant-at-arms, who shall be responsible for his fidelity 
and good conduct in office. The assistant sergeant-at-arms may be 
removed from office for misconduct or other sufficient cause by the 
general court, or, during its recess, by the governor and council. 
Bond and duties Sect. 3. The sergeant-at-amis shall give bond to the treasurer 
avmsf^""""'"'' of the commonwealth in the sum of two thousand dollars for the 
ti.s.i4,§§.')0,oi. faithful ))erformance of his duties, and to account for all money 
intrusted to him for the use of the commonwealth. He shall serve 
such processes and execute such orders as may be enjoined upon him 
by the general court or by either branch liiereof ; he shall attend the 
meniliers or elerlvs of either house, when they are chai'ged with a 
message from such house to the other ; shall maintain order among 
the spectators admitted into the rooms in which the respective 
branches hold their sessions ; shall take jiroper measures to pieveut 
the interruption of either branch or of the committees thereof : and 
shall have the control of, and exercise a strict superintendence over, 
his subordinate officers, giving tliem all needful directions, and taking 
care that they promptly perform their duties. 

Sect. 4. He shall also have the general charge and oversight of 
the state house and of its appurtenances ; shall superintend alterations 
and repairs thereof ; shall daily visit and inspect the apartments 



Care of state 

house. 

G.S.14,§§ol,52. 



Chap. 5.] state house, sergeant-at-aems, etc. 



65 



therein, (except the secretary's office, council chamber, and apart- 
ments therewith connected, which shall be under the care of the 
messenger of the governor and council ;) shall take proper precautions 
against damage thereto, or to the books, papers, or other i)roperty 
therein ; and shall see that the chambers and lobbies occupied by the 
general court are, both during the sessions and the recesses, kept 
clean and in good order. 

Sect. 5. He shall, immediately after his election, appoint, subject 
to the approval of the presiding officers of the two branches respec- 
tively, suitable and proper persons to be doorkeepers to each house, 
who shall, during the session, render him all necessary assistance ; 
and he shall also appoint, subject to like approval, such assistants to 
the doorkeepers as the two houses may respectively direct. 

Sect. 6. He shall annually appoint, subject to the approval of the 
secretary and treasurer of the commonwealth, four good and discreet 
persons, who shall be known as the " sergeant-at-arms' messengers," 
whom he may at any time remove, and for whose fidelity and good 
conduct in said capacity he sh.all be responsible. 

Sect. 7. The sergeant-at-arms' messengers shall perform the 
duties of document clerk, sergeant-at-arms' clerk, messengers to the 
several departments, except that of the secretary of the commonwealth, 
janitors of the state house, and such other duties as the sergeant-at- 
arms may require. 

Sect. 8. The sergeant-at-arms and his messengers shall take 
proper care to prevent the commission of any trespass or injury in or 
upon any part of the state house or of its appurtenances ; and if any 
such tresjiass or injury is committed, and the offender is known, they 
shall forthwith give notice thereof to tlic attomi'V-gcneral or to the 
district-attorney for the Suffolk district in order that the offender may 
be prosecuted therefor. 

Sect. 9. The sergeant-at-arms may appoint an engineer, who 
shall take charge of the heating and ventilation of the state house ; 
a watchman, who shall remain at the state house e^•ery night, and 
shall maintain proper watch and guard for the security thereof, and 
visit such rooms and at such times as the sergeant-at-arms may direct ; 
a fireman and an assistant fireman at the state house ; and a compe- 
tent man to be janitor and fireman at the house numbered thirty-tlu'ee 
on Pemlierton Square in tire city of Boston. The sergeant-at-arms 
shall be responsible for the fitness and good conduct of all the afore- 
said officers, and may remove them at his discretion. 

Sect. 10. The salary of the sergeant-at-arms shall be two thou- 
sand and five hundred dollars a year ; that of each of his messengers, 
eleven hundred dollars a year ; that of the engineer at the state house, 
fourteen hundred dollars a year ; that of the watchman, eight hun- 
dred dollars a year ; that of the fireman, nine hundred dollars a year ; 
and that of the janitor and fireman at the house on Pemberton Square, 
nine hundred dollars a year. The assistant fireman at the state house 
shall receive a compensation of two and one-half dollars for each day 
he may be employed. 

Sect. 11. No fee or reward shall be taken by the sergeant-at- 
arms, or by any person under him, for opening the public rooms in 
the state house for the view and inspection of visitors. 

Sect. 12. The sergeant-at-arms and the secretary and the treas- 
urer of the commonwealth shall constitute a commission, without 
compensation, who shall have in charge the appropriations for the 
repairs, improvements, and furniture of the state house, and the 
contingent expenses of the council, the general court, and the offices 
in the state house. No expense shall be incurred for said purposes 
unless previously authorized by said commission, and no expense 



Appointment of 
doorkeepLTs 
and aBsititants. 
G. S. 14, § 54. 



Prevention of 
trespasser, ete. 
at state liouse. 
18S1, 276, § 2. 



Sergeant-at- 
arms, etc., to 
receive no fees 
G. S. 14, § 81. 

Comraissioni r 
on state house 
to liave cliarge 
of appropria- 
tions, etc. 
G. S. 14, § 62. 



66 



THE STATE LIBRAKY. 



[Chap. 5. 



Joint standing 
committee on 
state house. 
G. S. 5, § 9. 



shall be authorized by them unless the same comes within the amount 
appropriated by the general court, except that in case of damage to 
ths state house, caused during the recess of the general court by fire 
or other unforeseen casualty, the commissioners may make all repairs 
necessary for the protection and preservation of the building. 

Sect. 13. There shall be annually appoiuted by the seuate and 
liouse of representatives a joint standing committee on the state 
house, consisting of two members of the senate and five of the house, 
who shall report to the general court what repaiirs and improvements 
are necessary to be made in and upon the state house and the grounds 
connected therewith, together with an estimate of the expense. 



By whom libra- 
ry may be used 
G. S. 6, § 1. 



To be under 
control of three 
trustees. 



Duties o ■ 
trustees. 
G. S. 6, § 
1870, l.iO. 



Librarian and 
assistant. 
G. S. 5, § 4. 
1886, 298, § 5. 



Trustees and 
librarian may 
employ assist- 
ance. 

G. S. 5, § 5. 
Res. 1861, 33. 
lies. 1866, 28. 

Books, etc., be- 
I anting to com- 
monwealth to be 
placed in libra- 



,\imual appro- 
priation for 
library. 
G. S. 0, § 7. 



Librarian to 
make annual 
report to gen- 



TUE STATE LIBRARY. 

Sect. 14. There shall be iu the state house a state library for the 
use of the governor, lieutenant-governor, council, senate, house of 
representatives, and such officers of the governmeut and other persons 
as may be permitted to use the same, to be kept open every day except 
Sundays and public holidaj's. 

Sect. la. The library shall be under the management and control 
of three trustees appointed Ijy the governor by and with the advice 
and consent of the council, and who shall hold their ottices for three 
years unless sooner removed. 

Sect. 16. The trustees shall superintend the library and sell or 
othsrwise dispose of such books belonging thereto as they deem un- 
suitable for its purposes, and they may deposit any duplicate volumes 
for safe keeping and use in any jiublic town, city, or college library 
iu the commonwealth, and upon such terras and conditions as they 
sliall deem proper. They may make and enforce such rules for the 
regulation of the library as they may think proper, and shall see that 
it.3 apartments are properly prepared for the accommodation of per- 
sons permitted to use the same. 

Sect. 17. The secretary of the board of education shall be the 
liljrarian of said library. He may appoint an assistant, who as 
assistant librarian and clerk of the board of education shall receive 
a salary of two thousand dollars a year. 

Sect. 18. The trustees and librarian, at an annual expense not ex- 
ceeding eighteen hundred dollars, may employ such assistance as maj^ 
be necessary for the accommodation of visitors, for the protection and 
care of the library, and for the performance of any labor the librarian 
may require. lies. i867, 22. Res. isog, 68. Res. 1873, 2S. 

Sect. 19. All books, laws, maps, documents, and other publica- 
tions belonging to the comniou wealth and for public use, except such 
as by order of the respective dei>artments of the government are 
retained in the seuate chamber, in the hall of the house of represen- 
tatives, 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. 20. Twenty-three hundred dollars shall be annually appro- 
priated for the libraiy and expended under the direction of the trus- 
tees and lilu-arian iu purchasing or otherwise procuring such books, 
maps, charts, and works, as they deem most useful ; in binding and 
keeping in good condition the works in said library ; aud in purchas- 
ing furniture and other necessary conveniences therefor. 

Sect. 21. The librarian shall annually report to the general court 
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, specifying those obtained by exchange, donation, or purchase ; 
and he shall in his report make suggestions for the improvement of 
the library. 



Chap. (\ ] qualifications of voters. 



67 



TITLE II 



OF ELECTIONS. 



Chapter 6. — Of the Qualifications and Registration of Voters. 
Chapter 7. — Of tlie Manner of conducting Elections and returning Votes. 
Chapter 8. — Of tlie 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. 



CHAPTER 6. 



OF THE QUALIFICATIONS AND REGISTRATION OF VOTERS. 



Sectio:; 

1. Qualifications of male voters. 

2. Persons not allowed to vote for representa- 
tives in congress, unless they have resided 
in the district six months, etc. 

3. "Women who are citizens, etc., may vote 
for school committees. 

4. Indians, etc., made citizens. 

5. Collectors of taxes to keep a list of persons 
who have paid their taxes, and upon re- 
quest to give receipts. 

6. Collectors to return such lists twice a year, 
etc. , 

7. Penalty for neglect, and for false return. 

S. Assessment of taxes upon omitted polls 

and estates. 
9. Assessment upon women. 

10. Soldiers, etc., taxable, but not assessed, 
may pay tax and vote. 

11. Registrars of voters in cities, when and 
how elected. 

12. Duties. Oath. Compensation, 
room. 

13. Registers of voters to he kept : 
and cities. 

14. to contain names, residence, oc 



Offic 



upation, 



etc. 



15. Notice to be published for persons to pre- 
sent themselves for registration ; qualifica- 
tions to be ascertained before registering. 

16. Secretary to furnish books for registration 
to towns and cities at coit. 



Section 

17. A person assessed in wrong ward may ap- 
ply for change. 

18. Voting lists to be made and posted, when. 

19. Separate lists for women. Names to re- 
main on the list. 

20. Voter's residence to be entered. Name to 
be entered, in what ward. 

21. Person removing from one ward to another 
to vote as at preceding state election. 

22. Names registered may be struck from the 
list upon notice and examination. 

23. Selectmen to be in session for receiving 
evidence of qualilications, and to give 
notice thereof. Registration in towns to 
cease, when. 

24. Correcting lists of voters. 

25. Registration in cities to cease, when. 

26. Naturalization papers to be produced for 
inspection. 

27. Names not to be added to voting list until 
recorded in register. 

28. In cities, when voting lists of preceding 
election shall be used. 

29. Mayor and aldermen, etc., when not an- 
Bwerable for omissions. Assessors and 
collectors to furnish information. 

30. Penalty for neglect of duty by registrar or 
other town officer. 

31. Penalty for giving false name or answer. 

32. Special registration laws of Boston and 
Worcester not repealed. 



Section 1. Eveiy male citizen of twenty-one 3'ears of age and Qualifications 
upwards (except paupers, persons under guardianship, and persons is7T,^376T'§^h'*' 
excluded by article twenty of the amendments to the constitution) -^'"^^^^oo'^*^,^^*;* 
who has resided within the state one year, and within the city or n pick, sss.' 
town in which he claims a right to vote six months next preceding l^^^- ^^-' -^*** 
any election of cit}', town, county, or state officers, of representatives 7 Gray, 299. 



6« 



QUALIFICATIONS OF VOTERS. 



[Chap. 6. 



l^ersons not al- 
lowed to vote for 
repretiL'ntiitives 

iinlesB they have 
resided in the 
district six 
months, etc. 
1874, 376, § 2. 



may vote for 
bchool com- 
mittees. 
1881, 191, § 1. 



Indians, etc., 
made citizens. 
1869, 463. 
105 Mass. 208. 



Collectors of 
ta.^es to keep a 
list of persons 
who have paid 
their taxes, and 
upon request to 
give receipts. 
1874, 376, § 3. 
4 Pick. 118. 
7 Pick. 286. 

Collectors to 
return such lists 
twice a year, etc. 
1874, 376, § 4. 
1879, 68. 
1881, 210, § 4. 
4 Pick. 118. 
7 Pick. 286. 



Penalty for neg 
lect, and for 
false return. 
1874, 376, § 6. 

Assessment of 
tuxes upon 
omitted polls 
and estate. 
1874, 376, § 6. 
1877, 207, § 1. 



to congress, or of electors of president and vice-president, and who 
has paid, bv himself, his parent, master, or guardian, a state or 
count}- tax assessed upon him in this state within two years next pre- 
ceding such election, shall have a right to vote in all such elections ; 
and no other person shall have such right to vote, except as provided 
in section three. 

Sect. 2. In an election of representatives to congress, no person 
shall be allowed to vote unless he has resided in the congressional 
district where he offers to vote six months next preceding such elec- 
tion, and is otherwise qualified according to the constitution and laws : 
provided, that, when the state is districted anew for members of con- 
gress, he shall have the right so to vote in his district, according to 
such new arrangement ; and provided, also, that no voter residing in 
a cit}- which now is or hereafter ma_y be divided bj' the line between 
congressional districts shall be deprived of his vote in the district in 
which he was assessed or liable to assessment, on the first da}- of 
May next preceding such congressional election, if he is otherwise 
qualified. 

Sect. 3. Every woman who is a citizen of this commonwealth, of 
twenty-one jears of age and upwards, (except paupers, persons under 
guardianship, and persons excluded by article twenty of the amend- 
ments to the constitution,) who has resided within the state one j'ear, 
and within the citj- or town in which she claims a right to vote six 
months next preceding any election of school committees, and who 
has paid bj' herself, her parent, guardian, or trustee, a state, county, 
city, or town tax assessed upon her or her trustee in this state within 
two years next preceding such election, shall have a right to vote in 
all such elections for members of school committees. 

Sect. 4. All Indians, and people of color heretofore known and 
called Indians, within this commonwealth, are made and declared to 
Ije citizens of the commonwealth, and entitled to all the rights, 
privileges, and immunities, and subject to all the duties and liabilities, 
to which citizens of this commonwealth arc entitled or subject. 

Sect. o. The collectors of state and county taxes in each citj' and 
town shall keep an accurate account of the names of all persons from 
whom the}- receive pa3ment of any state or count}' tax, and of the 
time of such pajinent, and upon request shall deliver to the person 
paying the same a receipt specifying his name and the time of pay- 
ment, and such receipts shall be admitted as presumptive evidence 
thereof. 

Sect. 6. The collectors, whether the time for which thej- were 
chosen has expired or not, shall twice in each j'ear, namely, once not 
more than twenty-five nor less than twenty days before the annual 
city or town elections, and once not more than twenty-five nor less 
than twenty days before the Tuesday- next after the first Monda_y in 
November, return to the maj-or and aldermen or registrars of voters 
and selectmen of their respective cities and towns an accurate list of 
all persons from whom they have received pa3ment of anj' state or 
count}' tax since the time appointed for making their last preceding 
return. 

Sect. 7. 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 false return. 

Sect. 8. When a male jjcrson, on or before the first day of Octo- 
ber in any j'car, gives notice in writing, accompanied bj* satisfactory 
evidence, to the assessors of a citj' or town, that he was on the first 
day of Maj- of that year an inhabitant thereof, and liable to pa}- a 
poll-tax, and furnishes under oath a true list of his polls and estate, 
both real and personal, not exempt from taxation, the assessors shall 



Chap. 6.] registkation of voters. 69 

assess him for his polls and estate ; but such assessment shall be sub- 
ject to the provisions of section seventj-'three of chapter eleven. And 
the assessors shall, on or before the fifth day of October, deposit with 
the clerk of the cit\' or town a list of the persons so assessed. The 
t.axes so assessed shall be entered in the tax-list of the collector of 
the city or town, and he shall collect and pa\- over the same in the 
manner specified in his warrant. 

Sect. 9. Any w'oman, who is a citizen of this commonwealth. Assessment 
may, on or before the first day of October in anj- 3"ear, give notice in i'ssi" 191,T°-' 
writing, accompanied by satisfactory evidence, to the assessors of a 
city or town, that she was on the first day of May of that year an 
inhabitant thereof, and that she desires to pay a poll-tax, and furnish 
under oath a true list of her estate, both real and personal, not ex- 
empt from taxation, and she shall thereujion be assessed for her poll, 
not exceeding fifty cents, and for her estate, and the assessors shall 
on or before the fifth day of October return her name to the clerk of 
the city or town in the list of the persons so assessed. The taxes 
so assessed shall be entered in the tax-list of the collector of the city 
or town, and he shall collect and pay over the same in the manner 
specified in his warrant. 

.Sect. 10. When a person makes application to the assessors of Soldiers, etc, 
a city or town to be assessed a [joll-tax for the year then current, assessed, "liiy" 
and it appears that the apphcant was on the first day of Ma}' preced- pay taxund 
ing an inhabitant thereof, and liable to pay a poll-tax, but was not i865,'68, §i. 
assessed therefor, and that he is, or has been during any portion of 
the two years preceding such application, engaged in the military- or 
naval service of the United States, the assessors shall forthwith assess 
such tax, and notify the treasurer of such city or town of the assess- 
ment, and the person so assessed shall, upon payment of said tax, 
have the same right to vote in said city or town as if his tax had been 
regularly assessed. 

Sect. 11. The city council of any city which bj- a concurrent vote Registrars of 
of both branches accepts the provisions of this and the following sec- wiie"and"io\v' 
tion shall, as soon as may be after such acceptance, elect two able and jj|j".?jo ^ j 
discreet persons, inhabitants of said city, who shall hold no other 
office or position bj- election or appointment under the city govern- 
ment, to constitute, together with the city clerk for the time being, a 
Ijoard of registrars of voters. One of the registrars so elected shall 
hold his office until the first day of April in the year suceeding that in 
which he is elected, and the other until the first day of April in the 
following year. And the city council shall in the month of February 
or of March in the year in which such first term expires, and in each 
year thereafter, elect one person qualified as aforesaid, to be a regis- 
trar of \ oters for the term of two years from the first da\- of April then 
next ensuing, and until another is elected in his place. In case of a 
vacancy occurring by reason of the death, resignation, or removal from 
office, of either of the registrars elected as aforesaid during the term 
for which he is elected, the city council shall elect a person qualified 
as aforesaid for the residue of said term. The city clerk shall act as 
clerk of the board. 

Sect. 12. Such registrars shall perform all the duties in relation Duties. Oatii. 

„ ^ . , . . Ill ■ Corapensalion. 

to the registration of voters imposed upon the mayor and aldermen in office room, 
cities where there are no registrars, and shall, before entering upon issi, '.iio, §§ 2, 
the duties of their office, take and subscribe an oath faithfully to per- 
form the same. They shall receive such compensation as the city 
council may from time to time determine ; but such compensation 
shall not be regulated by the number of names registered on an}' list 
of voters, and an}- reduction of compensation shall take effect upon 
such registrars only as are elected after such reduction. The cit}- 



70 



EEGISTKATION OF VOTERS. 



[Chap. 6 



Registers of 
voters tu be 
kept in towns 
ana cities. 

1877, 208, § 1. 

1878, 251, § 1. 
1881, 210. 

to contain 
n,trae8, resi- 
dence, occupa- 
tion, etc. 



Notice to be 
published for 
persons to pre- 
sent themselves 
for registration; 
qualifications to 
be ascertained 
before register- 
ing. 



Secretary to fur- 
nish books for 
registration to 
cities and towns 
at cost. 

1877, 208, § 4. 

1878, 241, § I. 



council shall furnish office room for the registrars, and such aid as 
may be necessary. 

Sect. 13. Tiic mayor and aldermen or registrars of voters of cities 
and selectmen of towns shall make and keep records of all persons 
entitled to vote therein at any election for town, county, state, or 
national officers, which shall be known as a register of voters. 

Sect. 14. Said register shall contain the name of each voter 
written in full, (or his first Christian name, or that name b}' which he 
is generally known, w-ritten in full, witli the initial or initials of any 
other name or names which he may have in addition to his surname,) 
the street or place in the town where he resides at the time of regis- 
tration, 'his occupation, and such other particulars as maybe neces- 
sary full}- to identify him, and the date of registration. 

Sect. 15. The mayor and aldermen, or registrars of voters and 
selectmen, respectively, shall cause proper notices to be published or 
jjosted, and proper opportunitj' given, at least two weeks before an\- 
annual election, to all persons to jjresent themselves for registration ; 
and before registering an}' person they shall inquire into his qualifica- 
tions to vote, and shall require such person to write his name before 
the}' place it in said register, unless such person is exempted by 
article twentj' of the amendments to the constitution, or unless his 
name is upon the register or voting list of the preceding year. 

Sect. 16. The secretary of the commonwealth shall furnish to each 
city and town applj'ing therefor, at cost price, suitable blank books 
for said registration, and said books shall be uniform in character, 
and shall contain seven blank columns with uniform headings in the 
following form : — 



-V person as- 
sessed in wrons 
ward may apply 
for change, etc. 

1876, 22.5^ § 3. 

1877, 207, § 2. 
1881, 210. 



Voting lists to 
be made and 
l)osted, when. 
1874, 376, § 7. 
1878, 233, § 1. 
1381, 210. 
10 Gush. 143. 



Separate lists 



Sect. 17. If the assessors of a city assess a person in another 
ward than that in whicli he claims to dwell or have his home, such 
person maj", on or before the first day of October in any j'ear, file 
with the maj'or and aldermen or registrars of voters a notice of his 
claim to be i-egistered in some other ward, specifying the same ; and 
as soon as maj- be after said first day of October, said board shall 
notify said person, fixing a time and place of hearing ; and after such 
hearing they may change the ward of registiy if need be, in any case ; 
and they shall forthwith after such change give notice thereof to the 
assessors ; and the name of no person shall lie registered in an}- other 
ward than that in which he was assessed, unless a claim for such 
registration is filed as pro^'ided in this section. 

Sect. 18. The mayor and aldermen or registrars of voters of cities, 
and selectmen of towns, shall at least fifteen da}'s before the annual 
city and town elections, and at least fifteen days before the Tuesday 
next after the first INIonday in November, annually, make correct 
alphabetical lists of all the persons qualified to vote for the several 
officers to be elected at those times, and shall at least fifteen days 
before said election cause such lists to be posted up in two or more 
public places in their respective cities and towns. 

Sect. 19. The names of women may be placed ujwn a separate 



Chap. 6.] 



REGISTKATION OF VOTERS. 



71 



list ; and, when the name of anj' woman has been placed upon the voting 
list of a tjit^- or town, it shall remain on the list as long as she con- 
tinues to reside in such cit}- or town, and to paj- any state, county, 
city, or town tax that has been assessed on her or her trustee in this 
state within two years next preceding any election. 

Sect. 20. The place of residence of each voter on the first day of 
May next preceding the making up of the voting lists shall be entered 
thereon opposite the name of the voter ; and in cities the name of 
each voter shall be entered upon the list of the ward in which he was 
assessed, or was liable to assessment. When a person becomes an 
inhaliitant of a city after the first daj- of May, and before an election 
at which he is entitled to vote, his name shall be entered on the list of 
the ward of which he becomes an inhabitant. 

Sect. 21. At anj' election other than the annnal state election a 
person who has removed from one ward to another within the same 
cit}- shall vote in the ward in which he was entitled to vote at the last 
preceding annual state election. 1876, 225, §4. is-s, 262. 

Sect. 22. Upon the affidavit of a legal voter in a city or town, 
made at least seven daj's before an election, setting forth that in his 
opinion a certain person is illegally registered, and the reasons 
therelbr, the major and aldermen, registrars, or selectmen shall re- 
examine the matter of the registration of such person, and, if thej' 
deem it necessarj-, maj- summon such person to appear before them 
at a time and place named, and examine him under oath in regard to 
the matter set forth in the affidavit, and, if satisfied that he is not a 
qualified voter, they shall strike his name from the list ; but notice 
and opportunitj' for a hearing shall first be given to such person. 

Sect. 23. The selectmen of towns shall be in session at some con- 
venient place for a reasonable time on the Saturday- next preceding all 
meetings for the election of the officers aforesaid, and for such time 
previous thereto as thej' may judge nocessarj', for the purpose of 
receiving evidence of the qualifications of persons claiming a right to 
vote in such elections, and of correcting the lists of voters ; and thej- 
shall give notice of the time and place of holding the sessions, upon 
the lists posted up as provided in section eighteen ; and the registra- 
tion of voters shall cease at ten o'clock in the afternoon of the Satur- 
day- next preceding the day of an_y election. 

Sect. 2-1. The selectmen shall also enter on such lists the name of 
anj' person known to them to be qualified to vote, and shall erase 
therefrom the name of any person known to them not to be qualified. 

Sect. 25. The mayor and aldermen or registrars of voters of cities 
shall be in session until ten o'clock in the afternoon of the day when 
registration ceases, and for such time previous thereto as thej- may 
judge necessary, for the purpose of receiving evidence of the qualifi- 
cations of persons claiming a right to vote, and of correcting the lists 
of voters ; and thej' shall give notice of the time and place of holding 
the sessions, upon lists of voters posted up as provided bj- section 
eighteen ; and shall also state therein the day of tlie mouth when regis- 
tration will cease, and that after the close of registration no name 
will be entered on the voting lists except as hereinafter jirovided. Tlie 
registration of voters shall cease at ten o'clock in the afternoon of the 
seventh day next preceding the day of any election ; and no name 
shall thereafter be entered on the voting lists, unless the qualifications 
of the person as a voter have been determined by the maj-or and alder- 
men, or registrars at some meeting held before the close of registra- 
tion ; such fact to be verified bj* the certificate of the citj' clerk. 

Sect. 26. The mayor and aldermen, registrars, and selectmen, 
before entering upon the lists the name of a naturalized citizen, shall 
require him to produce for their inspection his papers of naturaliza- 



Names to re- 
main on the list. 
1881, 191, § 3. 



Voter's resi- 
dence to be 
entered. 
Name to be 
entered, in what 
ward. 

1876, 225, §§ 2, 6. 
1S77, 235, § 1. 



Person remov- 
ing from one 
ward to another 
to vote as at pre- 
ceding state 
election. 
Names regis- 
tered may be 
struck from the 
list upon notice 
and examina- 
tion. 
1881, 262. 



Selectmen to be 
in session for 
receiving evi- 
dence of qualifi- 
cations, and to 
give notice 
thereof. 
Kegistration in 
towns to cease, 
when. 

1874, 376, § 8. 
1879, 37. 
10 Cush. 143. 
7 Allen, 165. 



Correcting lists 
of voters. 
1874, 376, § 14. 

Registration in 

cities to cease, 

when. 

1874, 376, § 10. 

1877, 235, § 2. 

1878, 233, §§ 1, 2. 
1881, 210. 

7 Allen, 165. 



Naturalization 
papers to be 
l)roduced for 
inspection 



72 



CONDUCTING ELECTIONS AND RETURNING VOTES. [ChAP. 7. 



Name not to be 
added to voting 
list until record- 
ed in register. 

1877, 208, § 3. 

1878, 251, § 1. 



In cities, when 
voting lists of 
preceding elec- 
tion shall be 
used. 
1878. 262. 
Mayor and 
aldermen, when 
not answerable 
for omissions. 

Assessors and 
collectors to 
furnish informa- 
tion. 

Penalty for neg- 
lect ot duty by 
registrar or 
other town 
oiiicer- 

1874, 376, § 18. 
Penalty for giv- 
ing false name 



1874, 376, § 16. 
1881, 210, § 7. 
7 Allen, 1.5o. 
Special registra 
tion laws of 
Boston and 
Worcester not 
repealed. 



tion, and shall be satisfied that he has been legall}- naturalized ; but 
they need not require the production of such papers after tliej- have 
once examined and passed upon theni. 

Sect. 27. No name siiall be added to a voting list until it has been 
recorded in tlie register of voters, and none shall be added to a list of 
voters in use at any election after the opening of the polls, except 
to correct a clerical error or omission, and all names on voting lists 
shall be written in full, or as provided in section fourteen. 

Sect. 28. At anj' election held in a cit}- between the first day of 
May and the da^- of the annual state election, the voting lists pre- 
pared for the preceding municipal election shall be used, subject to 
tlie changes and erasures provided for by law. 

Sect. 29. If the mayor and aldermen, registrars, and selectmen 
liave dul}' entered on the voting lists the names of all persons returned 
to them by the collectors, they shall not be answerable for anj' omis- 
sions therefrom. Assessors and collectors shall furnish any informa- 
tion in tlieir possession necessary to aid said boards in the discharge 
of their respective duties. 1874, 376,§i7. i88i,2io,§4. sAUen.i. 

Sect. 30. A registrar, or other cit^' or town officer, who wilfulty 
neglects or refuses to peribrm anj' dut}' required of him bj- this chap- 
ter, shall, except as provided in section seven, forfeit for each offence 
a sum not exceeding two hundred dollars. issi, 210, § 8. 11 Mass. 355. 

Sect. 31. Whoever gives a false name or false answer to a regis- 
trar, or to the major and aldermen or selectmen, concerning any mat- 
ter relating to the registration of voters, or to the right of any person 
to vote, shall forfeit thirty- dollars for each offence. 

Sect. 32. The provisions of this chapter shall not be deemed to 
repeal the special laws relating to registration in the cities of Boston 
and Worcester. 1874, 376, § 57. 1878, 251, § 1. 1881, 210, § 9. 

For Boston, see 1874, 60; 1878, 243; 1880, 225: Worcester, 1877, 193. 



CHAPTER 7, 

OF THE MANNER OF CONDUCTING ELECTIONS AND RETUKNING 
VOTES. 



Section 

1. Time of opening and closing meetings. 

2. Further rules as to cities. 

3. as to towns. 

4. Secretary of commonwealth to provide 
envelopes. 

5. City and town clerks to procure envelopes 
from secretary. 

6. Selectmen and ward officers to pro\ide en- 
velopes at polls. 

7. Penalty for fraudulently procuring en- 
velopes. 

8. Selectmen to preside. 

9. Presiding officers to he furnished mth list 
of voters. Check-list to be used, when. 

10. Selectmen when not answerable for refus- 
ing to receive votes. 

11. Moderator shall receive votes of all persons 
on lists, etc. 

12. Votes, how deposited. 

13. when to be rejected. 

14. Material, style, size, and form of ballots. 



Section 

15. Penalty for violation of preceding section. 

16. Inspectors of elections in cities, how 
elected; how removed. 

17. Such inspectors to be sworn. 

18. Duties of inspectors. 

19. Compensation of inspectors. 

20. Ballots not to be received, unless two in- 
spectors present, etc. 

21. Five preceding sections take effect only in 
cites iu which St. 1877, c. 209, has been 
accepted. 

22. Proceedings when right to vote is chal- 
lenged in cities. 

23. when right to vote is challenged in 
towns, 

24. Penalty for violation of two preceding sec- 
tions. 

25. Plurality elects. No choice in certain cases. 

26. Selectmen and ward officers to count votes. 

27. Ballots in cities to be secured in sealed en- 
velopes. 



Chap. 7.] conducting elections and keturning votes. 



7:^ 



■> city clerk, 
enclosed and 



Section 
2S. Warden to transmit ballots 

29. Check-list in cities to Ix 
scaled up. 

30. Penalty on warden, etc., for neglect to com- 
ply with three preceding sections. 

31. Ballots in towns to be secured in sealed 
envelopes. 

32. Check-list in towns to be enclosed and 
sealed up. Proviso. 

33. Penalty for violation of two preceding sec- 
tions. 

34. Ballots to be destroyed, without cxamiua- 
liuu, wlieu, etc. Penalty. 

3j. How long ballots to be retained. 

36. Proceedings in case of disputed election 



37. Mayor, etc., to examine returns, and if 
faulty to require new returns, etc. 

38. Result of election, when may be declared, 
etc. 

39. Seal to be provided in cities. 

40. City and town clerks to make returns to 
secretary, etc. 

41. Returns by mail. 

42. If return is unsealed, secretary to give 
notice, etc. 

43. Secretary to furnish blanks, etc. 

44. to record date of receiving returns, etc. 

45. Votes for governor, etc., by whom examined. 

46. how certified. 

47. Envelopes and returns to be jireserved, etc. 
4S. Votes for county commissioners, etc, by 

whom examined. Penalty for neglect. 



Section 

49. Examiners to file copies in clerk's office. 
Penalty for neglect. The secretary to be 
notified, etc. 

50. Votes for county treasurer and register of 
deeds, by whom examined. The secretary 
to be notified, etc. 

51. Ward officers to issue certificates of elec- 
tion of ward officers. 

52. Recount of ballots. 

53. Statement of number of votes, etc., not to 
be made before close of polls. 

54. Penally for violation of preceding section. 

55. for voting, if not qualified. 

56. for voting on another's name in any law- 
ful assembly, etc. 

57. for illegally voting or attempting to vote. 

58. for aiding and abetting in above. 

59. for giving false answers. 

60. for attempting to influence voters by 
bribes, etc. 

Gl. for bribery at elections. 

62. for wilfully aiding and abetting unquali- 
fied persons to vote. 

63. for disorderly conduct. 

64. Moderator of town-meeting, etc., shall re- 
quire persons smoking or having liquors to 
withdraw. Penalty for disobedience. 

65. Penalty on city or town officers for neglect 
of duty. 

66. on clerks neglecting to make return of 
votes. 

G7. Specific provisions iu city charters, etc., to 
remain in force ; proviso. 

Section 1. Meetings for the election of national, state, district, 
and county officers may be opened as early as seven o'clock in the 
forenoon ; and in no case shall the polls l)e kept open after the hour 
of sunset. Such officers shall be voted for on one ballot, and notice 
thereof shall be given in the warrant calling the meeting. 

Sect. 2. In cities, such meetings shall be opened as early as two 
o'clock in the afternoon of the election day, and shall be called 
according to the provisions of the city charters and the acts in 
addition thereto, and the warrant for notifying such meetings shall 
specify the time when the polls for the choice of the several officers 
will be opened, and'when they will be closed ; and the polls shall be 
kept open at least two hours. 

Sect. 3. In towns, such meetings shall he opened as early as 
twelve o'clock, noon, of the election day. The polls shall be kept 
open at least four hours, and for such longer time as a majority of 
the voters present shall l)y vote direct ; and after an announcement 
by the presiding officer of a time so fixed, such time shall not be 
changed to an earlier hour. Such meetings shall be called by the 
selectmen in the manner ordered by the town, and the warrants for 
notifying such meetings shall specify the time when the polls for the 
choice of the several officers will be opened, and when they may be 
closed ; and the polls shall not be closed until the hour named in the 
warrant has arrived. 

Se(T. 4. The secretary of the commonwealth shall provide and 
keep constantly in his office a sufficient number of self-sealing enve- 
lopes to supply all the voters in the commonwealth, and shall furnish 
the same to the clerks of the several cities and towns when applied 
for. 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 polls. 



Time of open- 
ing and closing 
meetings. 
1874, 376, §§ 19, 
20, 21. 
1881,208. 
98 Mass. 557. 

Further rules as 

to cities. 

1874, 376, §§ 19, 



as to towns. 
1874,376, §21. 
1879, 2, §§ 1, 2. 



Secretary of 
commonwealth 
to pro\ide en- 
velopes. 
G. S. 7, § 4. 



7i 



CONDUCTING ELECTIONS AND RETURNING VOTES. [ChAP. 7. 



City and town 
clerks to pro- 
cure envelopes 
from eecretary. 
G. S. 7, § 5. 



Selectmen, etc., 
to provide en- 
velopes at polls 
G. S. 7, § 6. 



Fraudulently 
obtaining eu- 
velopee. 
Penalty. 
G. S. 7, § 7. 



Selectmen to 
preside. 

Const, pt. 2, c. 1, 
§ 2, art. 2. 

Presiding offi- 
cers of town- 
meetings to be 
furnisbed with 
list of voters. 
Clieck-list to be 
nsed, wben. 
1874, 376, § 23. 
12 Pick. 48.'i. 
103 Mass. 543. 
Ill Mass. 256. 



Selectmen when 

not answerable 

for refusing 

votes, 

G. 8. 7, § 10. 

1879, 37. 

6 Met. 298, 301. 

Sullen, 1. 

What votes shall 
be received. 
G. S. 7, § 11. 



Votes, how 
deposited. 
G. S. 7, §12. 
23 Pick. 308, 310. 



when to be 
rejected, etc. 
G. S. 7, § 13. 



Material, style, 
size, and form 
of ballots. 

1880, 92, § 1. 

1881, 181. 



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 then* respective cities and towns, and keep the same 
subject to the order of the selectmen of towns, or of the wardens 
and inspectors of cities. 

Sect. 6. The ward officers in each city and the selectmen of each 
town shall obtain from the city or town clerks and provide at the 
polls 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 application, witli such number as the pending elec- 
tion 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 fraudu- 
lently obtains an envelope from the persons having the custody of tlie 
s.ame on the daj' of the election, shall be liable to a fine of not less 
than 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. iS74, 376, § 22. 

Sect. 9. The presiding officers at meetings held for the election 
of town or other officers shall be provided with a complete list of the 
persons qualified to vote at such election ; and no person shall vote 
at an election whose name has not been previously placed on such 
list, nor until the presiding officers find and check his name thereon : 
provided, that in the election of town officers, whose election is not 
required by statute to be by l^allot, the check-list shall be used or not 
as the town at its meeting shall determine ; except that the check-list 
shall be used in the election of moderators of town-meetings held for 
the choice of town officers. 

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 the close of registration of voters furnishes them 
with 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 as 
certified by the selectmen ; and shall not be answerable for refusing 
the vote of a person whose name is not on said list. 

Sect. 12. No vote shall be received by tha presiding officers at 
any election provided for in this chapter, unless presented for deposit 
in the ballot-liox by the voter in person, in a sealed envelope, or open 
and unfolded, and so that such officers can know that only one ballot 
is presented. 

Sect. 13. Votes for different persons for the same office found in 
one envelope shall not be counted, and if more than one vote fcr the 
same person for the same office is found in one envelope, but one 
such vote shall be counted, and no vote shall be counted which does 
not clearly indicate in writing the office for which the person voted 
for is designed, except when but one officer is voted for. 

Sect. 14. No person shall print any ballot for use at any election 
for the choice of any national, state, district, county, or city officers, 
or shall distribute at any such election any printed ballot containing 
the names of more than three candidates, unless such ballots are of 
plain white paper, in weight not less than that of ordinary printing 
paper, and are not more than five nor less than four and a half inches 
in width, and not more than twelve and a half nor less than eleven 
and a half inches in length, and unless the same are printed with 
black ink on one side of the paper only, and contain no printing, 
engraving, device, or mark of any kind upon the back thereof. The 



Th^VJ. 7.] CONDUCTING ELECTIONS AND RETURNING VOTES. 7o 

names of candidates shall be printed at right angles with the length 
of the ballot, in capital letters not less than one-eighth nor more than 
one-quarter of an inch in height, and no name of any person appear- 
ing upon any ballot as a candidate for any ottice shall be repeated 
thereon with respect to the same ottice. Nothing herein contained 
shall authorize the refusal to receive or count any ballot for any want 
of conformity with the requirements of this section. 

Sect. 15. "Whoever offends against any of the provisions of the Penalty for 
preceding section shall be punished by fine not exceeding one hundred prec^e'ding°^ 
dollars, or imprisonment in the jail not exceeding sixty days. ]S8o°9'^ s •' 

Sect. 10. The maj'or and aldermen of every city, in which chap- ' " 
ter two hundred and nine of the statutes of the year eighteen hundred inspectors of 
and seventy-seven or this and the four following sections have been cJhm™ow 
accepted by a concurrent vote of the mayor and aldermen and com- elected; how 
mon council, shall, prior to the first day of November in each year, i877, 209i § i. 
elect for each ward of the city one inspector of elections, who shall 
be a qualified voter and inhabitant in such ward, and shall hold ottice 
for three years from the first day of November then next succeeding. 
If saiil chapter or sections have not already been accepted, the mayor 
and aldermen shall, prior to the first day of November next after 
such acceptance, elect three such inspectors, one to hold his office for 
one year, one for two years, and one for three years, from said first 
day of November ; and in each year thereafter, one inspector shall be 
elected as herein provided. Any such inspector may be at any time 
removed from office by a vote of two-thirds of the board of aldermen 
of the city, and any vacancy occurring in the office of said inspectors 
shall be filled for the residue of the term of the inspector whose place 
is to be filled, by election, as above provided. Present inspectors of 
elections so elected in such cities shall hold their oftices according to 
the terms of their election, unless removed as herein provided. 

Sect. 17. Such inspectors of elections before entering upon the to be sworn, 
duties of their office shall take and subscribe an oath faithfully and ■'"^' ^*''' ^ ^' 
impartially to discharge such duties ; which oath may be administered 
by the city clerk of the city, or by any justice of the peace, and a 
record shall be made thereof in the office of the city clerk. 

Sect. 18. Such inspectors shall attend at the times and places duties. 
designated for meetings in their respective wards, for the election of i*''-*"'' §3- 
any national, state, city, or ward officers, or for the determination 
of any question submitted to the qualified voters bj' lawful authority, 
and perform such duties as are required of inspectors of election in 
cities under existing laws, relating to such cities. 

vSect. 19. Such inspectors of elections shall receive such compen- inspectors; 
sation for each day's actual service as the citj' council of their respec- i8r7f209i"§T' 
five cities may from time to time determine, and shall be subject to 
all the penalties to which ward officers are sul>ject under general laws. 

Sect. 20. No ballots shall be received at any election in any such Ballots not to 
city until at least two of said inspectors are present, nor until each unieirtwo 
of them who is present has ascertained bj' personal examination that inspectors are 
the ballot-boxes are empty. While an election is going on, each isn^ogf/s. 
ballot-box shall be in the immediate charge of one inspector elected 
under the provisions of this chapt^', and one iusjiector elected liy the 
voters of the ward (in cities where such inspectors are so elected) 
during the whole time the ballots are received in that box : x)rovkled, 
that whenever, in consequence of the absence of any of said in- 
s]ieetors at any election, the provisions of this section cannot be com- 
j)lied witli within thirty minutes from the hour named in the warrant 
for the opening of the polls, then the election shall proceed, notwith- 
standing such absence. 

Sect. 21. The five preceding sections take effect only in cities in rive preceding 



76 



CONDUCTING ELECTIONS A^D RETURNING VOTES. [ChAP. 7. 



Bectione not in 
effect, unless 
accepted, etc. 
1877, 20'J, §§ 6, 7. 

Proceedings 
wben riijbt to 
vote ia chal- 
lenged in cities. 
1877, 206, § 1. 



Penalty for vio- 
lation of two 
preceding sec- 
tions. 
1S77, 206, § 3. 

Results of elec- 
tions, how 
determined. 
Amend, const, 
art. 14. 
G. S. 7, § 14. 



Selectmen and 
ward otScers to 
count votes. 
G. S. 7, § 15. 



Ballots in cities 
to he secured ii 
a sealed enve- 
lope. 
1S74, 376, § 40. 



which said sections or chapter two hundred and nine of the acts of 
the year eighteen hundred and seventy-seven have been dulj' accepted. 

Sect. 22. When in any election in a city the right of any per- 
son offering to vote is ch;illi'iine<l for any cause recognized by law, 
the warden or presiding ollicer shall require the name and residence 
of the person so offering to vote to be written upon the ballot so 
offered and challenged, either by himself or by some one in his be- 
half, and the warden or presiding officer shall add thereto the name 
of the person challenging the same and the cause assigned therefor, 
before such ballot shall be received ; and if such ballot shall be 
offered sealed, the writing as aforesaid may be upon tlie eu-\-elope 
coverivig the same, and the warden or presiding officer, in the pres- 
ence of the clerk and at least one inspector, shall mark and designate 
such ballot by writing thereon the name of the person by whom it 
was cast, before it is counted, and at the close of the election t!;c 
same shall be returned to the envelope in which it was deposited : 
prom'ded, that nothing contained in this section shall be so construed 
as to permit wanl officers to receive any vote which by law they are 
required to refuse. 

Sect. 23. When in an election in a town, for officers other than 
town officers, the right of a person offering to vote is challenged 
for a cause recognized by law, the selectmen shall require the name 
and residence of the person so offering to vote to be written upon 
the ballot, either by himself or by some one in his behalf, and they 
shall add thereto the name of the person challenging the same, and 
the cause assigned therefor, before such ballot is received ; and if 
such ballot is offered sealed, the writing as aforesaid may be upon 
the envelope covering the same, and the selectmen shall mark and 
designate such ballot by writing thereon the name of the person by 
whom it was cast, before it is counted, and at the close of the election 
the same shall be returned to the envelope in which it was deposited. 

Sect. 24. Whoever wilfully or negligently violates any of the 
provisions of the two preceding sections shall be imnished by fine of 
not less than twenty nor more than two hundred dollars, or imprison- 
ment in the jail not exceeding one year. 

Sect. 25. In all elections of civil officers by the people, the per- 
son or persons having the highest number' of votes shall be deemed 
and declared to be elected ; but no persons receiving the same num- 
ber of votes sliall be deemed to be elected, if thereby a greater 
number would be elected than required by law. 

Sect. 20. The votes in elections for national, state, county, and 
district officers, shall be received, sorted, and counted by the select- 
men and by the ward officers, and public declaration made thereof 
in open town and ward meetings. The names of persons voted for, 
the number of votes received for each person, and the title of the 
oifice for which he is proposed, shall be entered in words at length 
by the town and ward clerks in their records. The ward clerks shall 
forthwith deli\-er certified copies of such records to the city clerks, 
who shall forthwith enter the same in the city records. 

Sect. 27. In every election in a city, the warden or presiding offi- 
cer shall cause all ballots given in by the qualified voters of the ward 
in which such election has been held, after the same have been sorted, 
counted, declared, and recorded, to be secured in an envelope, in 
open ward meeting, and sealed with a seal provided for the purpose ; 
and the warden, clerk, and a majority of the inspectors in each ward, 
shall indorse upon the envelope for what officers and in what ward 
the ballots were received, the date of the election, and their certificate 
that all the liallots given in by the voters of the ward, and none other, 
are contained in said envelope. 



C'HAI'. 7.] CONDUCTING ELECTIONS AST) KETURNINa VOTES. 



77 



Sect. 28. The warden or presiding officer shall forthwith trans- 
mit tlie ballots sealed as aforesaid to the citj' clerk by the constable 
or police officer in attendance at said election ; and the ward cleric 
shall retain the custody of the seal, and deliver the same, together 
with the records of the ward and otlier docnments, to his successor 
in office. 

Sect. 29. In every election in a city, in which a check-list is re- 
quired by law to be used, the warden or presiding officer of each 
ward shall cause the cliecli-list so used to be enclosed and sealed in 
an envelope and transmitted in the same manner as the ballots cast 
at such election are required to be secured and transmitted by the 
two preceding sections ; and the warden, clerk, and a majority of 
the inspectors in each ward, shall certify on such envelope to tl:o 
identity of the check-list so enclosed. The city clerk may furnisli 
a copy of a check-list after it has been used in any ward, upon the 
application of not less than ten legal voters resident therein ; and 
iunnediately upon such copy Ijcing furnished, the check-list sliall be 
again sealed up. 

Sect. 30. Any warden or presiding oflicer, constable or ward 
officer, who wilfully refuses or neglects to comply with any provision 
of the three preceding sections, shall Ijc punished by line of not less 
than twenty nor more than two hundred dollars, or imprisonment in 
the jail not exceeding one j'ear. 

Sect. 31. In every election in a town, for officers other than town 
officers, the selectmen shall cause all ballots given in, after the same 
have been sorted, counted, declared, and recorded, to be secured in 
an envelope and sealed ; and they shall indorse upon the envelope 
for what officers the ballots were received, and the date of the elec- 
tion ; and the same shall he sealed, indorsed, and delivered to the 
town clerlv, before the adjournment of the meeting at which the bal- 
lots were cast. 

Sect. 32. In every election hi a town in which a check-list is re- 
quired by law to be used, except elections for town officers, the select- 
men shall cause the check-list so used to be enclosed and sealed up in 
an cnvelojie. in the same manner, but not in the same envelope, as 
tlie liallots cast at snch election are required to be secured by the pre- 
ceding section ; and a majority of the selectmen shall certify on sucli 
envelope to the identity of the check-list so enclosed : provided, how- 
ever, that the selectmen may furnish a copy of a check-list after it 
has been used in any election, upon the api)lication of not less than 
ten legal voters resident in the town ; and immediateh' upon such 
copy being furnished the check-list shall be again sealed up, with a 
new certificate attached, by which tlie identity and original condition 
shall be certified by a majority of the selectmen. 

Sect. 33. Whoever wilfully or negligently violates any provision 
of tlie two preceding sections shall l)e punished by fine not exceeding 
two hundred dollars, or imprisonment in the jail not exceeding one 
year. 

Sect. 34. City and town clerks shall receive the envelopes con- 
taining the ballots thrown at any election, sealed as jirovided in sec- 
tions twenty-seven and thirty-one, and shall retain tliem in tlieir care 
until the requirements of law have been complied with ; and as soon 
as may be thereafter, said clerks shall cause such ballots to be 
destroyed without examining them or permitting them to be exam- 
ined by any person whatsoever, and shall make an entry in the rec- 
oikIs of the city or town that the}' have been so destroyed ; and any 
such clerk who examines such ballots, or permits them to be exam- 
ined, shall be punished by fine not exceeding two hundred dollars. 

Sect. 35. If, within thirty days next following the day of an 



"Warden to 
transmit ballots 
to city clerk. 
3874, 376, § 41. 
1S80, 87. 



Check-list in 
cities to be 
enclosed and 
sealed up. 
1874, 376, § 43. 



lliree preceding 
tcctions. 
1874, 370, § 45. 

Ballots in towns 
to be secured in 
scaled enve- 
lopes, etc. 
1874, 376, § 46. 



enclosed and 
sealed up. 
1874, 376, § 48. 



Penalty for 
violation <>f two 
preceding sec- 

1874, 376, § 60. 

Ballots to be de. 
stroycd without 
examination, 
when, etc. 
1876, 188, § 1. 



78 



CONDUCTING ELECTIONS AND EETUKNING VOTES. [CiLVP. 7. 



lots to be re- 
tained. 

1876, 188, § 2. 



Proceedings in 
cases of disputed 
elections in 

1876, iss, § 4. 



Mayor, etc., to 
examine re- 
turns, and, if 
faulty, require 
new returns, etc 
G. S. 7, §16. 



Result of ele 
tiou, when n] 
be declared, 
1876, 188, 5 5, 



Seal to be pro- 
vided in cities. 
^876, 188, § 6. 



City and town 
clerk» to make 
rer'.us to sec- 
retary, etc. 
O. S. 7, § 17. 
1876, 188, § 4. 



eleetiou, a person who received votes for any ofiice at said election 
by liimseli, his agent or attorney, serves upon the clerk of any city 
or town a statement in writing, claiming an election to such office, or 
declaring an intention to contest the election of any other person who 
has received, or who may recei\e, a certificate of election for the same, 
such clerk shall retain tlie envelope containing the ballots thrown at 
such election, sealed as provided by law, suliject to the order of the 
body to which either of said persons may claim or be held to have 
been elected, or until such claim is withdrawn, or such election is 
decided by the authority competent to determine the same. 

Sect. 36. If, v.ithin three days next following the day of any 
election, ten or more qualified voters of any ward file with the city 
clerk a statement in writing that they have reason to believe that the 
returns of the ward officers are erroneous, specifying wherein they 
deem them in error, said clerk shall forthwith transmit such state- 
ment to the board of aldermen or the committee thereof appointed 
to examine the returns of said election. The board of aldermen, 
or their committee, shall thereupon, and within 1\ve days (Sunday 
excepted) next following the day of election, open the envelope 
and examine the ballots thrown in said ward, and determine the ques- 
tions raised ; they shall then again seal the envelope, either witli the 
seal of the city or a seal provided for the purpose, and indorse 
upon said envelope a certificate that the same has been opened and 
again sealed by them in conformity to law ; and the envelope, sealed 
as aforesaid, shall be returned to the city clerk, who, upon the cer- 
tificate of the board of aldermen, or of their committee, shall alter 
and amend such of the ward returns as have been proved to be erro- 
neous, and such amended returns shall stand as the true returns of 
the ward. 

Sect. 37. The mayor and aldermen and the clerk of each city 
shall forthwith after an election examine the returns made by the 
returning officers of each ward ia such city, and if any error appears 
therein they shall forthwith notify said ward officers thereof, who shall 
forthwith malje a new and additional return, under oath, in conform- 
ity to truth, which additional return, whether made upon notice or by 
such officers without notice, shall be received by the mayor and alder- 
men or city clerk at any time before the expiration of the day pre- 
ceding 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 elec- 
tion. In counting the votes in an election, no returns shall be reject- 
ed when the votes given for each candidate can be ascertained. 

Sect. 38. The board of aldermen shall not declare the result of 
an election until the time specified in section thirty-six for filing a 
request for a recount of ballots has expired, or, in case of such 
request having been made, until the said ballots have been examined 
and the returns amended, if found erroneous ; any provision in the 
charter of any city or in any act in amendment thereof to the con- 
trary notwithstanding. 

Sect. 39. The clerk of each city shall furnish to the clerks of the 
several wards a seal of suitable device, the design for which shall 
include the number or designation of the ward for which it is fur- 
nished ; and said seal may be used in sealing the envelopes contain- 
ing the ballots cast at any election. 

Sect. 40. City and town clerks shall within ten days from the 
day of an election for governor, lieutenant-governor, councillors, sen- 
ators, secretary, treasurer and receiver-general, auditor, attorney-gen- 
oral, representatives iu congress, commissioners of insolvency, sheriffs, 



Chap. 7.] coxdtxcting elections and ketukning votes. 79 

registers of probate aud insolvency, district-attorneys, or clerks of the issi, 65. 
courts, transmit copies of the records of tlie votes, attested by them, 13 q^.^,^ 33.' 
certified by the mayor and aldermen or selectmen, and sealed up, to 
the secretary of the commonwealth ; they shall in lilve manner, within 
ten days after an election for county treasurer or register of deeds, 
transmit sueli copies of the records of the votes to the count}' commis- 
sioners of their several counties ; and within ten days after an elec- 
tion for county commissioners, transmit sucli copies of tlie 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 
l)oard of aldermen of Boston, and in Kevere and "Wiuthrop the 
returns of -^'otes for county commissioners shall be made to the clerk 
of tlie courts for the county of Middlesex. Or within three d.ays after 
such elections, town clerks may deliver such copies, sealed up, to the 
sheriffs of their several counties, wlio within seven days after receiv- 
ing them sliall transmit them to the office of tlie secretary, and to the 
county commissioners, board of aldermen, and clerks of courts, as 
severally above designated. 

Sect. 41. Proof that a return of votes was properly directed to Returns i>.Miiiiii. 
tlie person to whom it was required to be transmitted or delivered, <i-S-i,§ii>- 
and mailed within the time fixed by law for such transmission or 
delivery, shall be a bar to any complaint for delinquency. 

Sect. 42. "When a return of votes from a city or town is recei^'ed if return is 
at the office of the secretary of the commonwealth not sealed up as by "etary'to'glve 
law required, he shall forthwith give notice thereof to the returning notice etc^^ 
o.'ficers ; who upon the receipt of such notice shall make a copy of 
their record of the votes at said election, and transmit the same, certi- 
fied by them under oath to be correct, to the secretary, and sealed up 
as required by law in the case of original returns. If such copy is 
received by the secretary before the day on which by law the returns 
are to be opened and the votes counted, and if, upon opening said 
copy by tlie governor and council, the legislature, or any person 
authorized so to do, the original return is found in substantial con- 
formity therewith, it shall not be rejected because of informality. 

Sect. 43. The secretary sh.all annually furnish to the several clerks Secretary to fur 
of the cities and towns blank forms and envelopes for all returns of g'^s.^'t^I'so.'"''' 
votes required to be made to his oiHce, with such printed directions 
on the envelopes as he deems necessary for the guidance and direction 
of such officers in making the returns according to law. 

Sect. 44. A memorandum of the date of the reception of all re- to record dau 
turns of votes at the secretary's otlice shall be made at said office on turnsTSc"^'" 
the envelopes containing them ; and if a return required to be sealed o. s. 7, § 21. 
up is received unsealed, the secretary shall make a memorandum of 
such fact upon said return. 

Sect. 4.0. The secretary upon receiving such returned copies shall votes for gov- 
trausmit tliem as received witli their seals unbroken to the governor ™^ eiam/ 
and council ; and the governor with five at least of the council shall, j^ed. 

. .. Till,' !■ 4. Const, pt. 2, c. 

as soon as may be, examine them ; and he shall issue his summons to 1, § 2, art. 3. 
such persons as appear to be chosen to the offices of governor, lieu- f^.™™^; ^^"ll\ 
tenant-governor, councillors, secretary, treasurer aud receiver-general, G. s. 7, § 22. 
auditor, attorney-general, and senators ; and to such persons as appear 
to be chosen members of congress, commissioners of insolvency, 
sheriffs, registers 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. 

Sect. 46. The governor shall in the presence of at least five how certiiicd. 
councillors make and subscribe a certificate of the examination of the ar/.^ie. ' 
returns of votes for governor, lieutenant-governor, and councillors, &• s. 7, § 23. 
rei!uii-ed by article sixteen of the amendments of the constitution, 
an 1 of the result of said examin.ation. 



80 



CONDUCTING ELECTIONS AND RETURNING VOTES. [CtlAV. 7. 



Envelopes and 
returns to be 
pre8er\'ed, etc. 
Amend, conyt. 
art. 16. 
G. S. 7, § 24. 



Votes for county 
coniraissioners, 
etc., by whom 



Penalty for 
neglect. 
G. iS. 7, § 2.0. 
13 Gray, 83. 
126 Mass. 282. 



Examiners t' 
file copies in 
clerk's otHce 
Penalty fur 
neglect. 



G. 



. 7, §! 



Secretary to be 
notified, etc. 
188U, 13iJ, § 1. 



Votes for county 
treasurer and 
register of 
deeds, by whom 



1880, lau, § 2 
2 Gray, 370. 



Ward orticerB 
to issue certifi- 
cates of election 
of ward oflicers. 
1874, 376, § 51. 



Recount of 

ballots. 

1874, 376, § 52. 



Statement of 
number of votes, 
etc., not to be 
made belore 



Sect. 47. After such examination, tlie returns sliall he replacerl 
in their respective envelopes, which with the returns and such certifi- 
cate the governor shall deliver to the secretary, and the secretary on 
the first Wednesday of January shall lay the same, together with 
schedules showing the number of ballots which appear to have been 
cast for each person voted for, before the senate and house of repre- 
sentatives. 

Sect. 48. On the first Wednesday of the month succeeding an 
election for county commissioner or special commissioners, the board 
of examiners for the county for which the election was held sliall 
meet ; and the clerk of the courts shall i)resent the returned copies of 
votes at such election ; and the board shall open and examine them, 
and notify each person chosen of his election. 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 exceetling 
two hundred dollars. 

Sect. 49. The board shall within three days after such examina- 
tion file such copies in the oflice of tiie clerk ; and any one of them 
wilfully detaining in his custody such a copy three days after the time 
for filing it has expired shall forfeit fifty dollars, and the same sum for 
each succeeding day of such detention ; and tlie clerk shall notify the 
attorney-general of every neglect so to file, and every such detention. 
The board shall also forthwitli notify the secretary of the common- 
wealth of the name and residence of every person so cho.sen, and tlie 
date when his term of service will expire ; and sliall give the like 
notice of any vacancy in either of said offices. 

Sect. 50. County commissioners shall, on the first Wednesday of 
January after an election for county treasurer or register of deeds in 
their county, open au<l examine the returned copies of votes at such 
election, and notify the person chosen of his election : they shall also 
forthwith notify the secretary of the commonwealtli of the name and 
residence of every person so chosen, and the date when his term of 
service will expire ; and shall give the like notice of any vacancy in 
either of said offices. In Suffolk the board of aldermen of Boston, 
witliin ten days after an election for register of deeds for said county, 
shall so open and examine the votes of such election, and give notice 
as aliove provided. 

Sect. 51 . At each municipal election in any city, the ward officers 
of the several wards shall make out and sign certificates of the 
election of such ward officers as are chosen at such election, and said 
certificates for each ward shall be placed in one envelope, indorsed 
"ward officers chosen in ward number ," and transmitted to the 
city clerk, who shall retain said envelopes unopened for twenty days 
subsequent to the day of said election, and he shall then open said 
envelopes, and transmit said certificates to the persons who appear to 
be thus chosen. 

Suct. 52. If, witliin said twenty days, ten or more qualified voters 
of any ward file witli the city clerk a statement, in writing, that they 
believe that the warden, or clerk, or any inspector of elections of 
said ward, who has been declared elected, did not receive a plurality 
of the votes cast in the preceding election, the city clerk shall trans- 
mit the same to the board of aldermen for the time being, who shall 
proceed to count tiie uriginal ballots cast for such warden, clerk, or 
inspector, and shall declare the result, and shall issue a certificate to 
the person entitled thereto : prnvided, that this section shall not apply 
to ward officers chosen to fill vacancies on election day. 

Sect. 53. Until the close of the polls and the public declaration 
of tlxe vote at an election in a city, no statement shall be made by 
any warden, inspector, or clerk, of the number of ballots cast, the 



CHAl'. 7.] COSDUCTIXG ELECTIONS AND RETUUXIXG VOTES. 81 

number of voters present, the number of votes given for any person close of poiu. 

or for any otHcer, the name of any person who lias voted, the name ^'''*' ^'^' ^ °*' 
of any person which has been voted on, nor of any other fact tending 
to show the state of the polls. 

Sect. 54. Any warden, ward clerk, or inspector, who violates the penalty, 

provisions of the preceding section, shall be punished by line not is^-*. ^"6. § 55- 
exceeding one hundred dollars, or imprisonment in the house of cor- 
rection for twenty days. 

Skct. 55. Whoever, knowing that he is not a qualified voter at an penalty for 

election, wilfully votes for any otlieors to be then chosen, shall forfeit ™!,'[||;.j "°' 

a sum not exceeding one hundred dollars for each offence. 9 Met. 268- u. s. -, § 28. 

Sect. 56. Whoever, in an assembly of people met for a lawful for voting uu 

purpose, at which an alphabetical list of voters is used in voting, f" alJ'y hin"u'r°' 

votes or attempts to vote under any name other than his own, shall aseembiy, etc. 
be punished lij' line not exceeding fifty dollars, or by imprisonment in ' • ■ 
the jail not exceeding thirty days. 

Sect. 57. AMioever votes or attempts to vote upon any name other for illegally 

than his own, at any national, state, or municipal election, or whoever ™mpfing?o 

knowingly gives more than one ballot at one time of balloting at such vote. 

election, shall be punished by imprisonment in the house of correction 122 Mass'. 12.' 
for not less than three months nor more than one year. 

Sect. 58. Whoever aids and al)ets any person in the commission for aiding and 

of either of the offences described in the preceding section shall be above"*"'"' 

punished by fine not exceeding one thousand dollars, or by imprison- 1876, 172, § s. 
nient iu the house of correction not exceeding one year. 

Sect. 59. AV'hoever wilfully gives a false answer to the selectmen forgiving 

or moderator presiding at an election shall forfeit for each offence a g!*!.''?"™!^.''' 

sum not exceeding one hundred dollars. 7 Met. 52. 

Sect. 60. Whoever by briber3% or threatening to discharge from for attempting 

his employment, or to reduce the wages of, or by a promise to give TOter^'hybribes, 

einploj'ment or higher wages to, a person, attempts to iutluence a efc.^ 
ijualifled voter to give or withhold his vote in an election, shall be • • •» • 
|)uiiished liy fine not exceeding three huudred dollars or by imprison- 
ment in the jail or house of correction for a term not exceeding one 
year, or both, at the discretion of the court. 

Sect. 61. Whoever pays, gives or bestows, or directly or indi- for bribery at 

rectly promises, any gift or reward to secure the vote of any person is"o"'i72,' § 2. 
for any officer to be voted for at any national, state, or municipal 
election, shall be punished by fine of not less than fifty nor more than 
one thousand dollars, or l)y imprisonment in the house of correction 
for not less than tliree months nor more than one year, or both, at the 
discretion of the court. 

Sect. 62. Whoever wilfully aids or abets any one, not legally forwiifuUy 

qualified, in voting or attempting to vote at an election, shall forfeit fled'perJonrto 

a sum not exceeding fifty dollars for everj' such offence. G. s. 7, § 32. vote. 

Sect. 63. Whoever is disorderly iu a meeting held for an election for disorderly 

mentioned in this chapter shall forfeit a sum not exceeding twenty g"'s"7,§33. 

dollars. "Mass. 385. 

Sect. G4. Whoever in a town, ward, or precinct meeting, or a Moderatorof 

meeting held for an election mentioned in this chapter, smokes or has e"c!rshaifre-^' 

in his possession a lighted pipe, cigarette, or cigar, or carries into any quire person 

such meeting or keeps therein any intoxicating liquor, shall be deemed hav-iug uquors 

guilty of disorderly conduct, and the moderator, warden, or other to withdraw, 
presiding officer at such meeting shall order such person to remove 
such pipe, cigarette, cigar, or liquor, or to withdraw himself from such 
place of meeting ; and, on his refusing or declining to obey such 
order, shall direct any po'ice officers, constables, or other persons pres- 
ent, to take liim from the meeting, and confine him in some convenient 

place until the meeting is adjourned. The person so refusing shall ^/^"•^"J'/^'j.g 

for every such offence forfeit a sum not exceeding twenty dollars. 1881,273. 



82 



ELECTION OF GOVERNOR, ETC. 



[Chap. 8. 



Penalty on city 
or town otiicers 
for ueglect of 
duty. 



on clerks iieg 
Iccting to make 
return of votes. 
G. S. 7, § 35. 



Specific prort 
ions in city 
charters, etc., 



Sect. G5. If a city or town officer wilfully neglects or refuses to 
perform the duties required of him respecting elections by the pro- 
visions of sections one, two, three, five, six, eight, eleven, twelve, 
thirteen, tweutj'-five, twenty-six, thirty-seven, forty, or forty-two, he 
shall for each offence forfeit a sum not exceeding two hundred dollars. 

Sect. 66. The clerk of any city or town who fails to make return 
of the votes given therein in conformity with the provisions of law 
shall be liable to a fine of not less thau five nor more than fifty 
dollars. 

Sect. 67. The provisions of this chapter relating to cities, except 
section thirty-eight, shall not be deemed to repeal or modify any 
provisions of law inconsistent therewith and now in force by virtue of 
statutes relating to particular cities : provided, however, that all elec- 
tions in cities which, by any statute, are appointed to be held on a 
Monday, shall be held on the Tuesday next following such Monday. 



CHAPTER 8. 



OP THE ELECTION OP GOVERNOR AND OTHER STATE OPFICERS. 



Section 
1. Election of gov 



GOVERNOR, ETC. 

and other state offi- 



COUNCILLORS. 

2. Di\ision of commouwealth into councillor 
districts. 

3. Councillor districts, how formed. 

SENATORS. 

4. Division into senatorial districts. 

5. Senatorial districts, how formed. 

KEPKESENTATIVES IN THE GENERAL COUKT. 

6. Apportionment of representatives. 

7. Warrants for meetings. 

8. Transcript of records to be made, etc. 

9. Commissioners to designate place for clerks 
to assemble. 



Section 

10. Clerks to assemble, etc. 

11. In case representative distiict 
of one or more towns, and wards, etc. 

12. Clerks to make return and record. 

13. Duplicate certificates by selectmen, etc. 

14. by clerks, 

15. Form of certificate. 

16. If no choice, certificate to be sent. 

17. Proceedings in case of vacancy. 

18. Secretary of commonwealth to furnish 
blanks. 

19. "Whole number of ballots to be stated, etc. 
Proviso. 

20. Penalty on selectmen for false certificate. 

21. on clerks for false certificate. 

22. Compensation of clerks, etc. 

23. Clerk pro tem. 



Election of gov- 
ernor and other 
state otlicers. 
Const, pt. 2, 
c. 1, § 3, arts. 1, 
2, 3. 



GOVERNOR, ETC. 

Section 1. The governor, lieutenant-governor, councillors, secre- 
tary, treasurer and receiver-general, auditor, attorney-general, and 
senators and representatives in the general court, shall be elected 
annuallj' on the Tuesday next after the first Monday of November, 
as prescribed in the constitution. c.2,§i,arts.2,3. c.2,§2,arti. 

Amend, const, arts. 1.3, 16, 17, 21, 22. G. S. 8, § 1. 



Division of com- 
monwealth into 
coimcillor dis- 
tricts. 

.Vniend. const, 
art. 10. 
District Xo. 1. 



District No. 2. 



COUNCILLORS. 

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. g. s. s, § 2. 1876, 222. 

Sect. 3. The Cape, the first and second Plymouth, and the sec- 
ond and third Bristol senatorial districts form District Number One. 

The first Bristol, the first and second Norfolk, the eighth Suffolk, and 
the second Worcester senatorial districts form District Number Two. 



Chap. 8.] senators. 8o 

The first and secoud Suffolk, and the first, second, and third Mid- District No. 3. 
diesex senatorial districts form District Number Three. 

The third, fourth, fifth, sixth, and seventh Suffolk senatorial dis- District No. 4. 
triets form District Number Four. 

The first, second, third, fourth, and fifth Essex senatorial districts District No. 5. 
form District Number Five. 

The sixth Essex, and the fourth, fifth, sixth, and seventh Middlesex District No. 6. 
senatorial districts form District Number Six. 

The first, third, fourth, and fifth Worcester, and the Franklin sena- District No. 7. 
torial districts form District Number Seven. 

The Hampshire, the first and second Hampden, and the north and District No. s. 
south Berkshire senatorial districts form District Number Eight. 



Sect. 4. For the choice of senators the commonwealth is divided Division of 
into forty districts, as provided in the following section, each of which i^ntTremuoTiai' 
shall in the manner prescribed by the constitution and laws elect one districts. 

. „ „ Amend, const. 

senator. G. s. s, § 4. is-e, 190, §§ 3-13. art. 22. 

Sect. 5. The towns in the counties of Barnstable, Dukes County, Cape Disuiot. 
and Nantucket form a district, to be known as the Cape District. 

The city of Taunton and the towns of Attleborough, Easton, First Bristol. 
Mansfield, Norton, Raynham, and Seekonk form a district, to be 
known as the First Bristol District. 

The city of Fall River and the towns of Berkley, Dighton, Reho- Second Bristol, 
both, Somerset, and Swanzey form a district, to be known as the 
Second Bristol District. 

The citj' of New Bedford and the towns of Acushnet, Dartmouth, Third Bristol. 
Fairhaven, Freetown, and Westport form a district, to be known as 
the Third Bristol District. 

The towns of Carver, Duxbury, Halifax, Hanson, Kingston, Lake- First Plymouth, 
ville, Marion, Mattapoisett, Middleborough, Marshfield, Plymouth, 
Plympton, Pembroke, Rochester, Scituate, South Scituate, and Ware- 
ham form a district, to be known as the First Plymouth District. 

The city of Brockton and the towns of Abiugton, Bridgewater, Second 
Cohasset (in the county of Norfolk) , East Bridgewater, Hingham, i88i™i92. ' 
Hull, Hanover, Rockland, South Abington, and West Bridgewater 
form a district, to be known as the Second Plymouth District. 

The towns of Braintree, Canton, Holbrook, Milton, Quincy, Ran- First Norfolk, 
dolph, Stoughton, and Weymouth, in the county of Norfolk, form a 
district, to be known as the First Norfolk District. 

The towns of Bellingham, Brookline, Dedham, Dover, Franklin, Second Norfolk. 
Foxliorough, Hyde Park, Medway, Medfield, Norfolk, Needham, i**'' ^'-• 
Norwood, Sharon, Wellesley, Wrentham, and Walpole, in the county 
of Norfolk, form a district, to be known as the Second Norfolk 
District. 

The city of Chelsea, the towns of Revere and Winthrop, and the First Suffolk, 
wards numbered one and two in the city of Boston, form a district, 
to be known as the First Suffolk District. 

The wards numbered three, four, and five, in the city of Boston, Second Suffolk, 
form a district, to be known as the Second Suffolk District. 

The wards numbered six, seven, and eight, in the city of Boston, Third Suffolk, 
form a district, to be known as the Third Suffolk District. 

The wards numbered nine, ten, eleven, and twelve, in the city of Fourth Suffolk. 
Boston, form a district, to be known as the Fourth Suffolk District. 

The wards numbered thirteen, fourteen, and fifteen, in the city of Fifth Suffolk. 
Boston, form a district, to be known as the Fifth .Suffolk District. 

The wards numbered sixteen, seventeen, and eighteen, in the city sixth Suffolk, 
of Boston, form a district, to be known as the Sixth Suffolk District. 

The wards numbered nineteen, twenty, and twenty-one. in the city of Seventh Suffolk. 
Boston, form a district, to be known as the Seventh Suffolk District. 



8i 



SENATORS. 



rCHAP. 8. 



Eighth Suffolk. The wards numbered twenty-two, twenty-three, twenty-four, and 

isiu, m, § 4. twenty-five, in the city of Boston, form a district, to be knpwn as the 
Eighth Suffolk District. 

First Essex. The city of Lyuu and the towns of Nahant, Saugus, and 8wamp- 

scott form a district, to lie known as the First Essex District. 

Second Essex. The cit}' of Salem and the towns of Marblehead, Peabodj", and 

Lynnfield form a district, to be known as the Second Essex District. 

Third Essex. The city of Gloucester and the towns of Eockport, Essex, Man- 

chester, Beverly, Hamilton, and Wenham form a district, to be 
known as the Third Essex District. 

Fourth Essex. The city of Newburyport and the towns of Newbury, Rowley. 

sio.''*''^' ^^^' Ipswich, Salisbury, Amesbury, Merrimae, and West Newbury form 
a district, to be known as the Fourth Essex District. 

Fifth Essex. The city of Haverhill and the towns of Bradford, Groveland, 

Boxford, Middletou, Georgetown, Topsfield, and Danvers form a 
district, to be known as the Fifth Essex District. 

Sixth Essex. The city of Lawrence and the towns of Methuen, Audover, and 

North Andover form a district, to he known as the Sixth Essex 
District. 

First Middlesex. The cities of Maiden and Somcrville and the towns of Everett 
and Medford form a district, to be known as the First Middlesex 
District. 

Second The city of Newton and the towns of Arlington, Belmont, Lexing- 

Miudiesex. ^^^^^ Waltham, and Watertown form a district, to be known as the 

Second Middlesex District. 

Third The City of Cambridge forms a district, to be known as the Third 

xMiddiesex. Middlesex District. 

Fourth The towns of Ashland, Framingham, Ilolliston, Hopkinton, j\Iarl- 

Middiesex. borough, Natick, Sherborn. AVayland, and AVeston form a district, 

to be known as the Fourth Middlesex District. 

Fifth Middlesex. The towns of Acton, Ashby, Ayer, Boxborough, Carlisle, Clielms- 
ford. Concord, Dracut, Dunstable, Groton, Hudson, Lincoln, Little- 
ton, Maj'nard, Pepperell, Shirley, Stow, Sudbury, Townsend, Tyngs- 
borough, and Westford form a district, to be known as the Fifth 
Middlesex District. 

.Sixth The towns of Bedford, Billerica, Burlington. Melrose, North 

Middlesex. Reading, Reading, Stoneham, Tewksbury, Wakefield, Wilmington, 

Winchester, and Woburn form a district, to lie known as the Sixth 
Middlesex District. 

Seventh The city of Lowell forms a district, to be known as the Seventh 

Middlesex. Middlesex District. 

First Worcester. The city of AVorcester forms a district, to be known as the First 
Worcester District. 

Second The towns of Blackstone, Boylston, Douglas, Grafton, Mendon, 

Worcester. Milford, Northborough, Northbridge, Shrewsbury, Southborough. 

LTpton, Uxbridge, and Westborough form a district, to be known as 
the Second AVorcester District. 

Third Thc towus of Auburu, Brookfield, Charlton, Dudley, Leicester, 

Worcester. Millin„-y, Oxford. Southln-idge. Spencer, Sturbridge, Sutton, AVarren. 

Webster, and AVest Brookfield form a district, to be known as the 
Third AV^orcester District. 

Fourth The towns of Athol, Barre, Dana, Gardner, Hardwick, Holden, 

Worcester. Hubbardston, New Braintree, North Brookfield, Oakham, Paxton, 

Petersham, Phillipston, Royalston, Rutland, Templeton, and AVinchen- 
don form a district, to be known as the Fourth AVorcester District. 

Fifth The cit}' of Fitchl)urg and the towns of Ashburnliam, Berlin, 

Worcester. Boltoii, Clintou, Harvard, Lancaster, Leominster, Limenburg, Prince- 

ton, Sterling, AA''estminster, and AA''est Boylston form a district, to 
be known as the Fifth AA^orcester District. 



Chap. 8.] kepeesentatives in general court. 85 

The city of Springfield and the towns of Brimfield, Hampden, First Hampden. 
Holland, Monsou, Palmer, Wales, and AVilbraham form a district, to ^^^e 1878, ss, § r 
be known as the First Hampden District. 

The city of Holyoke and the towns of Agawam, Blandford, Chester, Second 
Chicopee, Granville, Lougmeadow, Ludlow, Montgomery, Russell, ^^•'""i"^''^''- 
Southwiek, Tolland, Westlield, and West .Springfield form a district, 
to be known as the Second Hampden District. 

The towns in the county of Hampshire form a district, to be known Hampshire, 
as the Hampshire District. 

The towns in the countj' of Franklin form a district, to be known Frauiiiin. 
as the Franklin District. 

The towns of Adams, Cheshire, Clarksburg, Dalton, Florida, Han- Nonii 
cock, Hinsdale, Lanesborough, New Ashford, North Adams, Peru, sc" is7s7i43, 
Pittsfleld, Savoy, Williamstown, and Windsor form a district, to be § ^■ 
known as the North Berkshire District. 

The towns of Alford, Beckct, Eiiremont, Great Barrington, Lee, Soutii 
Lenox, Monterey, ilount Washington. New Marlborough, Otis, Kich- Bei-kebiro. 
mond, Sandisfleld, Sheffield, Stockbridge, Tyringham, Washington, 
and West Stockbridge form a district, to be known as the South 
Berkshire District. 

KErRESENTATIVES IN THE GENEHAL COURT. 

Sect. G. The two hundred and forty representatives are appor- Apportionment 
tioned to the several counties as follows : — {^^.^sf^'"""''' 

Barnstable, six ; Berkshire, ten ; Bristol, eighteen ; Dukes County, -\"'™''- '=°"^'- 
one ; Essex, thirty-three ; Franklin, six ; Hampden, thirteen ; Hamp- isTerio, § i. 
shire, six ; Middlesex, forty ; Nantucket, one; Norfolk, (excluding 
the town of Cohasset,) thirteen; Plymouth, and the town of Cohas- 
set, twelve ; Suffolk, fifty ; Worcester, thirty-one. 

Sect. 7. Warrants for meetings for the election of representa- Warrants for 
ti\-es shall direct that the voters in towns, cities, and wards be noti- votel-stobe 
lied to bring in their votes on one ballot for the representatives notmed to bring 
to which their several districts are entitled, and shall specify the ballot ibr rep- 
number thei-eof. Such elections shall be conducted and the results ilS™!,'!'!™''.;, 
thereof determined as provided in chapter seven, except as herein- 
after provided. 

Sect. 8. In towns, cities, and wards composing a part of a rep- Transcript of 
resentative district, the selectmen and town clerks and ward officers, made, etc. " 
in open town and ward meetings, and the mayor and aldermen and i874, 376, § ■;:.. 
city clerks, shall forthwith, upon the vote for representative being 
recorded, make out under their hands, and seal up and deliver to 
their respective clei-ks, a true transcript of such record. 

Sect. 9. The county commissioners, mayor and aldermen, or Cominissioners 
board of aldermen, or such special commissioners as are authorized ptacrior clerks 
to apportion the representation assigned to the several counties, at '° •'f*™*''/^?"= 

1. .. /. , iiiT. J. 1 • 1 18 1 4, 3(0, § 26. 

their meeting tor sueh purpose, shall designate a place in each repre- see amend, 
sentative district, not contained in or consisting of one town or citj', ™°^'" ^"' -^' 
at which the clerks of towns, cities, and wards composing such district 
shall assemble for the purpose of ascertaining the results of elections. 
Due notice of such appointment shall be given bj' said commissioners 
or mayor and aldermen to everj' town, city, and ward in the district. 
Such place of meeting maybe changed once in two years bj' the 
same authority, after a hearing on the petition of two of such clerks. 

Sect. 10. The clerks o¥ cities, towns, and wards composing such cierksto 
districts, shall, except as pl■o^'ided in the following section, meet at i874™V6,'§^27. 
noon on the day following an election for representatives, at the place 
so designated, and shall examine and compare such transcripts, and 
ascertain what persons have been elected. If any error appears in a 



86 



REPRESENTATIVES IN GENERAL COURT. [C'hAP. 8. 



In case rep re - 
Bentativo district 
is composed of 

towns and 
wards, etc. 
1876, 18S, § 3. 



Duplicate 
certiticales by 
selectmen, etc. 
1874, 376, § 29. 



transcript or return, the clerks shall forthwith give notice thereof to 
the ottieers required to make the return, and such officers shall forth- 
with, 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 liy said clerks within two days after the time appointed 
for the meeting ; and for that purpose the meeting may lie adjourned 
not exceeding two days. No return shall be rejected when the num- 
ber of votes given for each candidate can be ascertained. 

Sect. 11. When a district for the election of a representative 
or representatives is composed of one or more wards of a city, 
together with one or more towns, the meeting of clerks prescribed in 
the preceding section shall be held on the Tuesdaj' next following the 
day of election, instead of being held on the day following the elec- 
tion ; and all other provisions of law relative to the meeting of clerks 
shall apply to their meeting on said Tuesday. 

Sect. V2. Such clerks shall at such meeting make out under then- 
hands a complete return of the names of all persons for whom votes 
were given in the district, and the numlier of votes for each person, 
and a record of the return shall be made in the book of records of 
their respective cities, towns, and wards, within four days after the 
day of the meeting. 

Sect. 13. When it is ascertained who is elected representative in a 
district composed of one town or citj', or one or more wards of a city, 
the selectmen or mayor and aldermen shall make out duplicate cer- 
tificates thereof, one of which they shall transmit to the office of the 
secretary of the commonwealth on or before the first AYednesday in 
January following, and the other by a constable or other authorized 
officer, to the person elected, within ten days after the clay of election. 

Sect. 14. When the clerks of cities, towns, and wards composing 
a district, at their meeting for the purpose, ascertain that a repre- 
sentative is elected in their district, they or a majority of them shall 
make out duplicate certificates tliereof, one of which they shall 
deliver into the office of the . secretary of the commonwealth on or 
before the first day of January following, and the other by a consta- 
ble or other authorized officer transmit to the person elected, within 
ten days after the day of election. 

Sect. 15. Such certificates of election shall be in substance as 
follows : — 



Furm of 
certificate. 
1874, 376, § SI. 



Commonwealth of Massachusetts, county of . Pursuant to a law 

of tliis commonwealth, the qualified voters of Representative District Numher 
, in their several meetings on the day of Novemher instant, for 

the choice of repi-esentatives in general court, did elect 

, being inhabitants of said district, to represent them in the gen- 
eral court to be holden on the first Wednesday of .January next. 

Dated at the day of 

in the year one thousand eight hundred and 



If no choice, 
certificate to 
be sent, etc. 
1874, 376, § o2. 



Proceedings in 
CISC of vacancy. 
1874, 376, § 33. 



Such certificate shall have 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 accordinglj'. 

Sect. 1G. If it appears that no choice of representative has been 
effected by reason of two or more persons ha\-ing the same number 
of votes, so that no person has a plurality, a certificate of the fact 
shall be transmitted to the secretary of the commonwealth by^ the 
same officers and in the same manner as is provided in sections thir- 
teen and fourteen for one of the certificates of election in cases when 
an election is made. 

Sect. 17. When a vacancy occurs in a representative district, the 
speaker of the house of representatives shall, in the precept which 



ChaP. 9.] REPIIESENTATIVES IN CONGPtESS, ETC. 



he may issue by older of the house giving notice of such vacancy, 
appoint a time for au election to fill the same. Upon the reception 
of sucli precept, the mayor and aldermen of a city and the selectmen 
of the towns comprising the district siiall issue their warrants for an 
election on the day named in the precept ; and similar proceedings 
shall be had in filling such vacancy as in the original election of rep- 
resentatives. 

Sect. 18. The secretary of the commonwealth shall furnish to Secretary of 
cities and towns blank forms for certificates, transcripts, and returns toto'nSh''''"'' 
required under this chapter. Such blanks for returns shall have i^ianks^ 
printed thereon sections thirteen, fourteen, fifteen, and sixteen of this ' > ' 'S 
chapter, and the first four sections of chapter two. 

Sect. 111. In all returns of elections the whole number of ballots 'vvhoie number 
given in shall be distinctly stated in words at length; and blank "^^.'"ete!" '"'' 
liieces of paper shall not be counted as ballots : j)i'ovklecl, that the PKniso. 
omission to state the whole number of ballots shall not make the isvel 188,' § s!' 
return invalid in anj' case in which the true result of the election can 
be ascertained from the other parts of the return, or by a recount 
made in conformity with the provisions of law. 

Sect. 20. A selectman giving a certificate of election to a person Penalty on 
voted for as representative to the general court, not in accordance false Mrtlflcate. 
with the declaration of the vote in open town-meeting at the time of iS74, 3-6, § 36. 
the election, shall forfeit three hundred dollars. 

Sect. 21. A clerk wilfully signing a certificate not in conformity on clerks for 
with the result of an election, as appearing by the transcripts and 1874, 376, § 37. ' 
returns, shall forfeit a sum not exceeding three hundred dollars. 

Sect. 22. Towns and cities may provide suitable compensation Compensation 
to clerks and selectmen for services performed by them under the seieitme'ii?"'^ 
requirements of this chapter. 1874, 376, § 3S. 

Sect. 23. In case of a vacancy in the ofiice of town, city, or ward cierkprotem. 
clerk, or any disability in such clerk to perform the duties required ^^'^' '^' ' 
by this chapter, the selectmen, maj'or and aldermen, or board of 
aldermen, or warden, may appoint a clerk pro tempore, who shall be 
sworn and perform such duties. 



CHAPTER 9. 



OF THE ELECTION" OF REPRESEJSTTATIYES FN" COISTGRESS, A^a> 
ELECTORS OF PRESIDENT AND VICE-PRESIDENT. 



representatives ix congress. 
Section 

1. Di\ision of commonwealth into congres- 
sional districts. 

2. TowTis forming the several districts. 

3. Representatives in congress, when to be 
chosen. 

4. Return of votes. 

5. Proceedings in case of no choice. 

6. Proceedings in case of vacancies. 

7. Sheriffs to transmit precepts to selectmen. 

8. Penalty for neglect of city and town 
officers. 



9. Electors of president and i 
he chosen. 



;-president to 



Section 

10. Choice of electors, when to take place. 

11. Xamcs of electors to he on one ballot. 

12. Return of votes. 

13. Governor and council to count votes and 
notif)' persons elected. 

14. If a majority are not chosen, residue to be 
chosen by general court, 

15. Time and place ot meeting of electors; 
vacancies, how filled. 

16. Electors to vote, and certify and transmit 
their votes to seat of government. 

17. Compensation of electors. 

18. Duties of sheriffs and town oflBcers in elec- 
tion of governor, ^etc, to be observed in 
election of electors. Penalties. 



EEPllESENTATIVES IN COXGKESS. [ChAP. 9. 



Division of cora- 
monwealtb into 
congressional 

G. S. 9, § 1. 
1872, 300, § 1. 



District No. 1. 
1872, 300, § 2. 



District No. 2. 
1872, 300, § 2. 
1874, 44, § 7. 

1874, 113. 

1875, 36, § 7. 
1881, 192. 



District No. 3. 
1872, 300, § 2. 
1876, 113, § 1. 

District No. 4. 
1872, 300, § 2. 
1876, 113, § 2. 



District No. .5. 

1872, 300, § 2. 

1873, 286. 
1876, 113, § 3. 
1881, 169. 



District No. 6. 
1872, 300, § 2. 
1876, 131, § 8. 



District No. 7. 
1872, 300, § 2. 



District No. 8 

1872, 300, § 2. 

1873, 314. 
1876, 113, § 4. 
1881, 172. 



REPRESENTATIVES IN CONGRESS. 

Section 1. For the purpose of electing representatives in the 
eongi'css of the United States, the commonwealth is divided into 
eleven districts, as provided in the following section, each of which 
shall elect one representative, being an inhabitant of the same 
district. 

Sect. 2. The several towns iu the counties of Barnstable, Dukes 
County, and Nantucket, together with the cities of New Bedford and 
Fall River, and the towns of Acushnet, Dartmouth, Fairhaven, Free- 
town, Somerset, Swanzey, and Westport, in the county of Bristol ; and 
the towns of Carver, Duxbury, Halifax, Kingston, Lakeville, Marion, 
Marshfield, Mattapoisett. Middlcborough, Pembroke, Plymouth, 
Plympton, Rochester, and Wareham, in the county of Plymouth, 
form District Number One. 

The towns of Attleborough, Berkley, Dighton, P'aston, Mansfield, 
Norton, Raynham. Rehoboth, and Seekonk, and the city of Taunton, 
in the county of Bristol ; and the city of Brockton and the towns of 
A))iugton, Bridgewater, East Bridgewater, Hanover, Hanson, Hing- 
ham, Hull, Rockland, Scituate, South Abington, South Scituate, and 
AVest Bridgewater, in the county of Plymouth ; and the towns of 
Braintree, Canton, Cohasset, Foxborough, Holbrook, Hyde Park, 
Milton, Noifolk, (^iiincy, Randolph, Sharon, Stoughton, Walpole, 
AVeymouth. and AVi-entham, in the county of Norfolk, form District 
Number Two. 

The wards numliei'ed thirteen, fourteen, fifteen, sixteen, seventeen, 
eighteen, nineteen, twenty, twenty-one, and tweutj'-four, in the city 
of Boston in the county of Suffolk, form District Number Three. 

The wards numbered one, two, six, seven, eight, nine, ten, eleven, 
and twelve, iu the city of Boston ; the city of Chelsea and the towns 
of Winthrop and Revere iu the county of Suffolk, form District 
Number Four. 

The wards numbered three, four, and five, in the city of Boston ; 
the city of Lynn and the towns of Nahant, Saugns, and Swampscott, 
in the county of Essex ; and the cities of Maiden and Somerville and 
the towns of Arlington, Belmont, Burlington, Everett, Lexington, 
Medford, Melrose, Stoueham. AVakefield, Waltliam, Winchester, and 
Woburn, iu the county of Aliddlcsex, foi-m District Nuinlier Five. 

The cities of Gloucester, Haverhill, Ncwbiiryport, and Salem, and 
the towns of Amesbury, Beverly, Boxford, Bradford, Dauvers, Essex, 
Georgetown, Groveland, Hamilton, Ipswich, Lynnfield, Manchester, 
Marblehead, Merrimac, Middleton, Newlniry, North Andover, Pea- 
liody, Rockport, Rowley, Salisbury, Topsfleld, Wenham, and West 
Newbury, in the county of Essex, form District Number Six. 

The city of Lawrence and the towns of Andover and Methuen, in 
the county of Essex ; and the city of Lowell and the towns of Acton, 
Ashby, Ayer, Bedford, Billerica, Boxborough. Carlisle, Chelmsford, 
Concoi'd, Draeut, Dunstable, Groton, Hu<lsoii, Lincoln. Littleton, 
Marlboi-ough, Maynaid, North Reading, Pepperell. Reading, Shirley, 
Stow, Sudbury, Tewksbury, Townsend, Tyngsborough, Westford, and 
Wilmington, in the county of Middlesex; and the towns of Berlin, 
Bolton, Harvard, and Lancaster, in the county of Worcester, form 
District Number Seven. 

The wards numbered twenty-two, twenty-three, and twenty-five, in 
the city of Boston ; the cities of Cambridge and Newton and the 
towns of Ashland, Framingham, Holliston, Hopkinton, Natiek, Sher- 
born, Watertowuf Way land, and Weston, in the count}' of IVIiddlesex ; 
and the towns of Milford and Southborongh in the county of Worces- 
ter ; and the towns of Brookliue, Dedham, Dover, Franklin, Med- 



Chap. 9.] eephesextatives in congress. 89 

field, Medway, Needliam, Norwood, and "Wellesley, iu the county of 
Xorfolk, form District Number Eight. 

The citj' of Worcester .ind the towns of Auburn, Barre, Black- District No. ». 
stone, Boylstou, Brookfiekl, Charlton, Douglas, Dudley, Grafton, "'2.300, §2. 
Hardwick, Holden, llubbardston, Leicester, Mendon, Millbury, New 
Braiutree, Northborough, Northbridge, North Brookfiekl, Oakham, 
Oxford, Paxtou, Princetou, Rutland, Shrewsbury. .Southbridge, Spen- 
cer. Sturbridge, Sutton, Upton, Uxbridge, Warren, Webster, Westbor- 
ough, West IJoylston, and West Brookfiekl, in the county of Worces- 
ter ; and the town of Belliugham in the county of NorfoUv, form 
District Number Nine. 

All the towns in Franklin County, and all the towns in Hampshire District No. 10. 
County, together with the city of Fitchburg and the towns of Ash- 1812,300, §2. 
buruham, Athol, Clinton, Dana, Gardner, Leominster, Lunenburg, 
Petersham, Phillipston, Royalston, Sterling, Templeton, Westmin- 
ster, and Winchendon, in the county of Worcester, and the city of 
Holyolve iu the county of Hampden, form District Number Teu. 

All the towns in Berkshire County, the city of Springfield and the District No. 11. 
towns of Agawam, Blandford, Brimfield, Chester, Chicopee, Grauville, Jg?!' Ig^'sV" 
Hampden, Holland. Longmeadow, Ludlow, Monson, Montgomery, 
Palmer, Russell, Southwiek, Tolland, Wales, Westfield, West Si)ring- 
liell, and Wilbraham, in the county of Hampden, form District Num- 
ber Eleven. 

Sect. 3. The mayor and aldermen and selectmen of the several Representatives 
cities and towns shall, as provided iu chapter seven, call meetings to '"hen" nl'be' 
be held on the Tuesday next after the first Monday in November iu chosen, 
the year one thousand eight hundred and eighty-two, and thence ii'Mas8.42i. 
afterwards, biennially, on the Tuesday next after the first Monday 
in November, for the voters to give their votes for representatives in 
Congress. 

Sect. 4. The clerks, in making their returns of votes for lejjre- Return of votes, 
sentatives to congress under section forty of chapter seven, shall g. s. 9, §4. 
transmit them in envelopes 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- proceedings in 
ernor shall cause precepts to issue to the mayor and aldermen and ^^^"J °° 
selectmen of the several cities and towns in the district, directing G. s. 9, §0. 
them to call a new meeting on the day appointed in such precept, for 
the voters to give their votes for a representative in congress. The 
inecept 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 
l)receding return, and shall show the number of votes for each of such 
persons ; similar proceedings shall be had thereon and 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 happens in the representation of this Proceedings in 
commonwealth iu congress, the governor shall cause precepts to issue ^j'^^^'of ^"can- 
tor a new election in the district where the vacancy exists ; and g. s. 9, § 6. 
similar proceedings shall be had thereon as iu an original election. 

Sect. 7. The several sheriffs, upon receiving precepts from the shenflfs to trans- 
governor for the election of a representative in congress, shall sea- ""leamen^'* '° 
sonably transmit them to the officers of the towns or cities within g. s. 9, § 7. 
tlieir respective counties to whom they are directed. 

Sect. 8. If any city or town officer wilfully neglects or refuses penalty for neg 
to perform any duty required of him in this chapter, he shall forfeit JownoScers?'* 
for each offence a sum uot exceeding two hundred, nor less than thirty G. s. 9, § 8. 
dollars. 



90 



ELECTORS OF PEESIDENT AND VICE-PEESIDEXT. [ChAP. 9. 



Electors of 
president and 
vice-president 
to be chosen, 
e. S. 9, § 9. 

Choice of 
electors, when 
to talie place. 
G. S. 9, § 10. 



Names of elect- 
ors to he on one 
hallot. 
G. S. 9, § U. 



Return of votes. 
G. S. 9, § 12. 



Governor and 
council to count 
votes, and notify 
persons elected. 
G. S. 9, § 13. 



If a majority are 
not chosen, resi- 
due to he chosen 
by general 

G. 8.9, 5 14. 



Time and place 
of meeting of 
electors. 
Vacancies, how 
filled. 

U. S. const, 
amend. 12. 
U. S. Rev. Sts. 
§§ 133, 135. 
G. S. 9, § 15. 

Electors to vote, 
and certify and 
transmit their 
votes to seat of 
government. 
U. ,S. const, 
amend. 12. 
U. S. Rev. Sts. 
§ 135. 
6. S. 9, § 16. 



Compensation 
of electors. 
G. S. 9, § n. 

Duties of 
sherifl's and 
town officers 
in election of 
electors. 
Penalties. 
G. S. 9, § 18. 



ELECTORS OF PRESIDENT AND VICE-PRESIDENT OK THE UNITED STATES. 

Sect. 9. In each year, wheu the election of president and vice- 
president of the United States takes place, there shall be chosen as 
many electors of president and vice-president as the commonwealth 
is at such time entitled to. 

Sect. 10. The mayor and aldermen and selectmen of the several 
cities and towns shall, in the manner provided in sections two and 
three of chapter seven, call meetings to be held on the Tnesday next 
after the first Monday in November of such year, for the voters to 
give their votes for the whole number of electors to which the com- 
monwealth is entitled. 

Sect. 11. The names of all the electors to be chosen shall be 
written on each ballot ; and each ballot shall contain the name of at 
least one inhabitant of each congressional district into which the 
commonwealth shall be then divided, and shall designate the con- 
gressional district to which he belongs. 

Sect. 12. Votes for electors shall be counted, recorded, certified, 
sealed, and transmitted to the secretary of the commonwealth, as 
provided in sections twenty-six, thirty-seven, and forty of chapter 
seven. 

Sect. 13. The governor and council shall open and examine such 
returns and count the votes, and the several persons who have re- 
ceived the highest number of votes so returned shall be declared 
elected, and the governor shall forthwith transmit to each person so 
chosen a certificate of his election. 

Sect. 14. If upon examination of the votes it appears that a 
majority of the whole number of electors are not chosen, the governor 
shall forthwith by proclamation call tlie legislature together, which 
shall, by joint ballot of the senators and representatives assembled in 
one room, choose as many electors as may be necessary to complete 
the full number. 

Sect. 15. The electors shall convene at the state house in Boston 
on the Tuesday preceding the first Wednesday of December following 
their election, at three o'clock in the afternoon. In ease of the 
death or absence of an elector, or in case the number of electors is 
deficient, the electors present shall forthwith elect from the citizens 
of the commonwealth so many persons as shall supply the defi- 
ciency. 

Sect. 16. The electors so convened shall on said first Wednesday 
of December vote by ballot for one person for president and one per- 
son for vice-president of the United States ; one of whom at least 
shall not be an inhabitant of this commonwealth. They shall name 
in their ballots the person voted for as president, and in distinct bal- 
lots the person \oted for as vice-president ; and they shall make dis- 
tinct lists of all persons voted for as president and vice-president, and 
of the number of votes given for each ; which lists they shall sign 
and certify, and transmit, 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 Sttites. 

Sect. -17. Each elector shall receive three dollars a day for at- 
tendance, and the same compensation for travel as is allowed to a 
member of the general court. 

Sect. 18. All laws in relation to the duties of sheriffs, city and 
town officers, and voters, in the election of civil officers, shall, as far 
as the same may be applicable, apply to the meetings and elections 
held respecting the choice of electors of president and vice-president 
of the United States ; and like penalties shall be incurred for the 
violation thereof. 



Chap. 10.] election of district and county officeks. 



yi 



CHAPTER 10. 



OF THE ELECTION OF DISTRICT AND COUNTY OFFICERS. 



Section 

1. Election of district and county officer 

2. district-attorneys. 

3. clerks of courts. 

4. rei?isters of probate and insolvency. 

5. sheriffs and commissioners of insoh 

6. county 

7. special 

8. Not more than one commissioner to be 
chosen from the same place. 

■9. Election of county treasurers and registers 
of deeds. 

FAILUKES TO ELECT. 

10. In case of failures to elect district-attor- 
neys, clerks of courts, registers of probate 
and insolvency, etc. 



!?ECTION 

11. In case of failures to elect commissioners 
and special commissioners. 

12. county treasurers and registers of deeds. 



VACANCIES. 

13. Vacancies in the office of district-attorney, 
etc., how filled. 

14. commissioner and special commissioner, 
lo. county treasurer or register of deeds. 

16. Penalty on selectmen, etc., for neglect of 
duty. 

17. Vacancy in ofllce of treasurer, how filled. 

18. sheriff or commissioner of insolvency. 

19. register of deeds. 



Section 1. Disti-iet-attorneys, clerks of the courts, registers of Election of dis. 
probate and insolvency, sheriffs, conimissioneis of insolvency, county ^^j^tand county 
commissioners, special commissioners, county treasurers, and regis- Amend, const. 
ters of deeds, shall be chosen by ballot on the Tuesday next after the o.^s^.^io, § i. 
first Monday of November in the years in which said officers are 
respectively to be elected, except as hereinafter provided. Those per- 
sons now holding said offices shall continue to hold the same during 
the terms for which they are elected, unless sooner removed as pro- 
vided by law. 

DISTRICT-ATTORNEYS. 

Sect. 2. In the year eighteen hundred and eighty-three and every district. 
third year thereafter, there shall be elected by the voters in each of ?""J°fJ^; „ 
the districts into wliich tlie coinniouwealth is divided for the adminis- 
tration of the criminal hiw a district-attorney, who shall be a resilient 
within the district. The officers so elected shall hold their offices for 
three years from the first Wednesday of January following their elec- 
tion. 

CLERKS OF THE COURTS. 

Sect. .3. In the year eighteen hundred and eightj'-one and every clerks of 
fifth year thereafter, there shall be elected by the voters in the county J? "g'% 
of Suffolk a clerk of the supreme judicial court for said county, and 
two clerks of the superior 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 for the county, who shall act as 
clerk of the supreme judicial court, the superior court, and the county 
commissioners. Such clerks shall hold their offices for five years 
from the first Wednesday of January following their election, unless 
sooner removed as provided by law. 



KEGISTEUS OF PR0I5.\TE AND INSOLVENCY. 



Sect. 4. In the year eighteen hundred and eighty-three and eveiy registers of 
fifth year thereafter, there shall be elected by the voters in each county jJJg^dJveoey!^ 
a register of probate and insolvency for the county, who shall hold G. s. lo, § 4. 
his office for five years from the first AVednesday of January following 
his election. 



\)2 



ELECTION OF DISTRICT AND COUNTY OFFICERS. [L'HAF. 10. 



SHERIFFS AND COMMISSIONERS OF INSOLVENCY. 

Sect. 5. In the year eighteen hundred and eighty-three and every 
third year thereafter, there shall be elected by the voters in each 
county a sheriff for the county, and in the county of Worcester four 
commissioners of insolvency, and in each of the other counties three 
commissioners of insolvency. Each of said officers shall hold his 
office for three years from the first AVednesday of January following 
his election. 



special 
comraiseionere. 
G. S. 10, § 7. 
1872, 87, § 3. 



Not" more than 
one commission- 
er to be cliosen 
from the same 
place. 

G. S. 10, § 8. 
1874, 329, § 1. 



COUNTY COMMISSIONERS AND SPECIAL COMMISSIONERS. 

Sect. C. The voters in the county of Middlesex with those of the 
towns of Revere and Winthrop, and the voters in each of the other 
counties except Suffolk and Nantucket, shall annually elect one county 
commissioner for the county, who shall hold his office for three years 
and until his successor, is elected and qualified. There shall be three 
county commissioners in each county except Suffolk and Nantucket. 

Sect. 7. In the year eighteen hundred and eighty-three and every 
third year thereafter, there shall be elected by the voters in the county 
of Middlesex with those of the towns of Revere and Winthrop, and 
by the voters in each of the other counties except Suffolk and Nan- 
tucket, two special commissioners for the county, who shall hold their 
offices for three years and until their successors are elected and 
qualified. 

Sect. 8. Not more than one of the county commissioners and 
special commissioners in each county shall be chosen from the same 
city or town. When at any election two persons residing in the 
same city or town have a plurality of votes, whereby one would other- 
wise be elected county commissioner and the other special commis- 
sioner, 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 num- 
ber, neither of them shall be deemed elected. When a person residing 
in a city or town in which a county commissioner or special commis- 
sioner who is to remain in office resides has a plurality of the votes, 
he shall not be elected. 



Election of 
county treasurei 
.ind register of 
deeds. 

a. a. 10, § 9. 

2 Gr.iy, 370. 



In r:w of fiiil- 
iireslu elect dis 
iriot.attorney, 
i^lerk of courts, 
r^'gister of pro- 
hate and insol- 
vency, etc. 
G. S. 10, § 10. 



COUNTY TREASURERS AND REGISTERS OF DEEDS. 

Sect. 9. In the year eighteen hundred and eighty-two and every 
third year thereafter, there shall be elected by the voters in each 
county, except Suffolk and Nantucket, a suitable person residing 
therein, to be treasurer of the county, who shall hold his office for 
three years and until his successor is elected and qualified. At the 
same times there shall be elected by the voters in each district for the 
registry of deeds, and in each county not divided into such districts, 
a suitable person residing therein to he register of deeds for such dis- 
trict 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. 

FAILURES TO ELECT. 

Sect. 10. If on the days aforesaid there is a failure to elect a 
district-attorney, clerk of the courts, register of probate and insol- 
vency, sheriff, or commissioner of insolvency, in anj' district or coun- 
ty, the governor shall by proclamation declare such failure, and order 
a new election to be had on such day as he shall appoint, and shall 
continue so to order such elections until a choice is effected. 

Sect. 11. If on said days there is a failure to elect a county com- 
missioner or special commissioner for any county, the board of exam- 



Chap. 10.] klection of district and county officers. 93 

iners shall forthwith issue their warrant to the mayor and aldermen G. s. lo, §11. 
and selectmen of the cities and towns in such county, or, in the ^"^' *'■ ^ ^' 
county of Middlesex, to the maj'or and aldermen and selectmen of 
the cities and towns in said county, and of Revere and Winthrop, 
requiring them on a day mentioned in their warrant, which shall be 
within twenty daj's 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 effected. 
At each election the examiners shall furnish the mayor and alder- 
men and selectmen with a list of the persons not elected, who at the 
[ireceding election received more than twenty-five votes. 

Sect. 12. If on said days there is a failure to elect a county in case of failure 
treasurer or register of deeds for any county or district, the county IreaLm'er°and* 
connnissioiiers shall forthwith issue their warrant to the mayor and legister of deeds. 
aldermen and selectmen of the several cities and towns in such • • > 5 • 
county or district, requiring them on a day mentioned in the warrant 
to call meetings of the voters in their respective places for complet- 
ing 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. 

Sect. 1.3. If a person elected to either of the offices mentioned Vacancies in 
in section ten is removed therefrom, or otherwise vacates the same, attoraeyfetc"'^'" 
an election to fill such office for the remainder of his term shall be ''«» filled- 
ordered by the governor, and shall be had on the Tuesday next after ' ''' ^°' ^ ^^' 
the first Monday of November. 

Sect. 1-4. A vacancy in the office of county commissioner or commiBsioner 
special commissioner of any countj^ may be filled at any time when nJlssionei?' '^°'" 
the board of examiners think it expedient ; and they shall issue their Cf_s. 10, § u. 
warrant therefor to the mayor and aldermen 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 Revere and Winthrop, and the person chosen shall fill the 
office for tlie remainder of the term. 

Sect. 15. If a person elected county treasurer or register of deeds county treaa- 
resigns or otherwise vacates the office, an election to fill the same for of'deeds^'^^''''"^ 
the remainder of the term shall be had on the Tuesdaj' next after the O- s. lo, § is. 
first Monday of Novemberupon the order of the county commissioners, 
who shall issue their warrant therefor as in the case of failure to elect. 

Sect. 10. If the mayor and aldermen or selectmen of anyplace Penalty on se- 
wilfully neglect to comply with a warrant or order issued under fof™e™ect'.°'' 
either of the six preceding sections, each of them so neglecting shall G- s. 10, § 16. 
forfeit a sum not exceeding two hundred dollars. 

Sect. 17. If the office of treasurer becomes vacant by the death. Vacancy in 
removal from the county, or incapacity of the treasurer, or otherwise, urer^howmled, 
the county commissioners shall appoint some suitable person, resident O- s. i7, § ss. 
in the county, to fill the vacancy. 

Sect. 18. If a vacancy occurs in the office of sheriff or commis- sheriff or 
sioner of insolvency in any countj\ the governor with the advice and ofTiSihem-'y. 
consent of the council may appoint and commission some person to ^- S- 17> §§ 52, 
fill the same, who shall hold his office until another is elected and 
(jualified. 

Sect. 19. In ease of the death, resignation, or removal of a regis- register of 
ter of deeds, in the county of Suffolk the superior court, and in any g. s.17, §87. 
other county the county commissioners at a meeting held at the place 
of their next regular meeting, shall forthwith appoint on their records 
some suitable person residing within the district to be register of , 

deeds until the vacancy is filled by a new election as herein provided. 



94: 



ASSESSMENT OF TAXES. 



[Chap. 11. 



TITLE III. 



OF THE ASSESSMENT AND COLLECTION OF TAXES. 



Chapter 11. — Of the Assessment of Taxes. 
C'HAPTEit 12. — Of the Collection of Taxes. 
Chapter 13. — Of the Taxation of Corporations. 



CHAPTER 11. 



OF THE ASSESSMENT OF TAXES. 



PERSONS AND PROPERTY SUBJECT TO 
TION. 

Section 

1. Persons subject lo a poll-tax. 

2. Property subject to taxation. 

3. Real estate. 

4. Personal estate. 



5. Property and polls exempted, — 

1st, property of the United States; 

2d, of the couimonwealtb ; 

3d, of certain institutions; 

4tb, of scbool districts; 

5tli, Bunker Hill Monument; 

6tb, household furniture, etc.; 

7th, churches; 

8tb, cemeteries; 

9th, estate of ai^ricultural societies ; 

10th, of certain females, aged persons, 

and minors ; 
11th, young cattle, etc. ; 
12th, polls and estates of persons unable 

to pay. 

6. Property used in the manufacture of beet- 
sugar, in certain cases. 

7. Certain plantations of timber trees. 

8. Ships and vessels engaged in the foreign 
carrying trade. 

9. Same subject. 

10. Taxable valuation of vessels engaged in the 
foi-eign carrying trade to be returned to the 
tax commissioner, and set-off allowed, etc. 



11. Poll-tax where assessed. 

12. Person to be taxed where he designates 
his place of residence to be. 

13. Real estate, where and to whom taxed. 

14. Certain mortgages to be taxable as real 
estate; mortgagor taxable, only for value 
over amount of such mortgages. 



Section 

15. Mortgagees omitting to file statement to be 
concluded by statements in the mortgage. 
Limit of valuation. Apportionment. 

16. Wbo to be deemed owners for purposes 
of taxation. Tax bills of mortgaged real 
estate. 

17. Tenant may recover of landlord taxes paid, 
unless, etc. 

IS. Real estate of persons deceased may be as- 
sessed to heirs, etc. One liable for whole, 
with right to contribution. 

19. or to estate of deceased, where title is it. 
dispute. 

20. Personal estate, taxed where owner resides, 
except, — 

1st, stock in trade, etc., employed in 

other towns; 
2d, machinery, etc. ; 
3d, horses, etc. ; 

4th, property of persons under guardian- 
ship; 
5th, personal property held in trust; 
6th, deposited to accumulate; 
7th, of persons deceased. 
"21. Separate tax, upon request, on personal 
property held in trust for two or more per- 
sons. 

22. Property held as a ministerial fund. 

23. Personal property mortgaged, etc. 

24. Partners may be jointly taxed for stock in 
trade, except ships, etc. 

25. Ships of copartners, where assessed. 

evasion of taxation. 

26. Penalty for agreeing to assessment on lim- 
ited amoimt, etc., ^\ith \iew to residence, 
etc. 

27. for escaping taxation by wilfully, etc., 
changing and concealing residence. Venue 
of indictment therefor. 

28. on shareholders, for fraudulent transfers, 
etc., to avoid taxation. 



Chap. 11.] 



ASSESSMENT OF TAXES. 



95 



Section 

29. Penalty for making false returns of prop- 
erty to asBiessors. 

30. Keepers of taverns, etc., to give names of 
persons taxable. Penalty. 

MANNER OF ASSESSING TAXES. 

31. Treasurer of commonwealth to send war- 
rants by mall. 

■32. By what rules all taxes to be assessed. 

33. Rate of taxation in cities and towns where 
national banks are located. 

34. Assessors shall each year assess taxes to an 
amount not less than the aggregate of all 
sums appropriated, etc., since last assess- 
ment, and of all sums required, etc., during 
said year. Certain sums not included. 
Deductions to be made. 

35. Assessors shall also assess, in cities or 
towns owing debts for railroad subscrip- 
tions, additional amount to pay interest on 
same, etc. 

36. Penalty, if assessors refuse to obey war- 
rant, or to assess tax. Commissioners, in 
such case, to appoint, etc. 

37. Town, etc., liable for state or county tax 
not assessed. 

NOTICES AND LISTS. 

38. Assessors to give notice to bring in lists of 
polls and property. May or may not re- 
quire inhabitants to include real estate. If 
not required, omission of real estate not to 
deprive owner of right to abatement, etc. 

39. shall verify lists by oath of the party. 

40. to receive lists as true, unless, etc. 

41. shall make estimate when lists not 
brought in. 

42. Estimate to be conclusive, unless, etc. 

43. how made and entered. Error in aggre- 
gate only material. 

44. Amount List assessed to an executor, etc., 
to be deemed sum assessable, unless list is 
brought in. 

45. Assessors to make a fair cash valuation. 

46. State, county, and town taxes in one assess- 
ment. 

47. County and city taxes in Boston. Chelsea, 
etc., exempt from county tax. 

48. For state and county taxes, poll-tax of not 
, exceeding one dollar each to be assessed, 

and balance on property. 

49. Assessors may add five per cent for con- 
venience of apportionment. 

50. to make valuation list on books furnished, 
etc., and deposit copy in their office, etc. 

51. List to exhibit in two parts valuation, etc., 
of inhabitants and non-residents. Particu- 
lars as to non-residents. 

52. Secretary to furaish blank books for use in 
assessment. Form of valuation list ; of table 
of aggregates. 

53. How blanks in lists shall he filled. 

54. Assessors to fill up. table of aggregates, 
and in certain years deposit copy in secre- 
tary's office; tables, how filled. 

55. to make similar returns, and deposit 
copies with aggregate sheets in certain 
other years. Boston returns, when to be 
deposited. 



Section 

56. Penalty for neglect. 

57. Secretary to cause copy of certain sections, 
etc., to be printed in valuation boobs, and 
to compile and print aggregate returns. 

58. Assessors to enter exempted property on 
valuation lists. 

59. to make oath to valuation lists. 

60. Penalty for omission. 

collector's list and warrant. 

61. Form and contents of Ust committed to 
collectors. 

62. Assessors to commit lists to collectors, etc., 
but, in towns, not until bonds have been 
given. 

63. Contents and form of warrant. 

64. If warrant is lost, etc., new one may issue. 

DISCOUNT AND INTEREST ON TAXES. 

65. Discounts may be allowed. 

66. rates of, to be posted up. 

67. Interest, when added in cities and towns. 

68. in districts. 

ABATEMENTS. 

69. Person aggrieved may apply to assessors 
for abatement. 

70. must pay costs accrued before the appli- 
cation. 

71. may appeal to countj' commissioners if 
assessors refuse to abate. 

72. No abatement, unless, etc. 

73. where lists were required, unless tax ex- 
ceeds by fifty per cent, etc. 

74. nor unless applied for T\ithin six months 
after date of tax bill. 

75. Amount of abatement to be reimbursed, if 
tax has been paid. 

76. Party entilled to certificate of abatement. 

77. Assessors may abate poll-tax or tax on 
personal property, which cannot be collect- 
ed by reason of death, etc., but not within 
the year. 

OMITTED ASSESSMENTS. 

78. Omitted estates, how taxed. 

RE-ASSESSMENT OF TAXES. 

79. Invalid taxes, except poll-taxes, may be re- 



80. He-assessed taxes, how committed, etc. 
Name of person originally assessed to be 
stated in warrant. 

APPORTIONMENT OF TAXES ON REAL ESTATE 
SUBSEQUENTLY DIVIDED. 

81. Real estate divided after taxation may 
have tax apportioned upon the several por- 
tions thereof. 

82. Parties interested to be notified. 

83. Appeal in such cases. 

ILLEGAL ASSESSMENTS. 

84. Invalid taxes to be void only to extent of 
illegal excess. 

ADDITIONAL DtTriES OP ASSESSORS. 

85. Assessors to furnish information as to per- 
sonal property of persons changing domicil ; 
file information received, and not tax less, 



96 



ASSESSJIEXT OF TAXES. 



[C'lIAl'. 11. 



Section 

80. Assessors to return to tax coraraissioner 
names of corporalious, statement of works, 
etc., and of aiTiouat of taxes laiJ. 

ST. Penalty for neglect. 

88. Assessors to return to secretary sworn 
statement of cause, if valuation of city or 
town is diminished. 

89. Penalty for neglect. 

90. Assessors to send to tax comtnissioner 
statement of exempted property, and of 
statistics concerning certain ships, etc., an- 
nually. 

91. also of amount of assets and indebted- 
ness of city or town. 

92. also of nmuber, etc., of steam-boilers. 



Section 

93. Assessors to certify on application portions 
of tax assessed as state, county, and town 
taxes. 

RESPONSIBILlTr AND COMPENSATION OF 
ASSESSORS. 

94. Assessors to be responsible only for want 
of integrity and fidelity. 

95. Pay of assessors. 

APPORTIONMENT OF STATE TAX. 

96. Deputy ta:; commissioner to report an appor 
tionment of the state tax once in three years. 

97. to be furnished with room, clerlis, etc., 
and with certain returns, etc., and to malic 
his apportionment on the basis of tlie same. 



Persons subject 
to a poll-tax. 
G. S. 11, §1. 
1879, 223, § 2. 



Property sub- 
ject to taxation. 
U.!J. 11, §2. 
4 Met. 664. 



Real estate. 
G. S. 11, §3. 
22 Pick. 22. 
10 Cush. 614. 

Personal estate. 
G. y. 11, §4. 
18G5, 283, § 16. 
1888,196;291,§2. 
1873, 354. 
1881, 284, § 1. 
1881, 304, § 6. 
16 Pet. 436. 
7 Wallace, 694. 
fi Pick. 98. 
16 Pick. 572. 
4 Met. 181. 

9 Met. 73, 199. 
7 Cush. 600- 

10 Cush. 128. 
10 Allen, 100. 
12 ,\lk-n, 300. 
14 Allen, 350. 
99 Mass. 151. 
101 Mass. 333. 
103 Mass. 544. 

105 Mass. 626. 

106 Mass. 640. 
125 Mass. 667. 



PERSONS AND PROPERTY SUBJECT TO TAX.\TIOX. 

Section 1. A poll-tax shall be assessed, in the manuer hereinafter 
provided, on every male iiilial)itant of the commonwealth above the 
age of twenty years, whether a citizen of the United States or an 
alien, and upon every female citizen of the commonwealth who com- 
plies with the provisions of section nine of chapter six. 

Sect. 2. All property, real and personal, of the inhabitants of this 
state, not expressly exempted by law, shall be subject to taxation as 
hereinafter provided. 4 Cush. 12. 4Gray, 600. 

16 Gray, 293. 6 Allen, 669. 101 Mass. 317. 106 Mass. 640. 

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. lOl Mass. S28. 102 Mass. 79. 118 Mass. 386. 125 M.:sb. 667. 

Sect. 4. Personal estate shall, for the purposes of taxation, in- 
clude goods, chattels, money, and effects, wherever they are, ships 
and vessels at home or aliroad, except as provided in section eight, 
money at interest, and other debts due the persons to be taxed more 
than they are indebted or pay interest for, but not including in such 
debts due any loan on mortgage of real estate, taxable as real estate, 
except the excess of such loan above the assessed value of the mort- 
gaged real estate, public stocks and securities, stocks in turnpikes, 
bridges, and moneyed corporations, within or without the state, the 
income from an annuit}', from ships and vessels engaged in the foreign 
carrj'ing trade within the meaning of section eight, and so much of 
the income from a profession, trade, or employment as exceeds the 
sum of two thousand dollars a year, and which has accrued to any 
person during the year ending on the first day of May of the year in 
which the tax is assessed, but no income shall be taxed which is de- 
rived from property subject to taxation : provided^ that no taxes shall 
lae assessed in any city or town for state, county, or town purposes 
upon the shares in the capittil stock of a corporation organized or 
chartered in the commonwealth paying a tax on its corporate fran- 
chises, under the provisions of chapter thirteen for any j-ear in which 
it pays such tax, but such shares shall be taxable to the owners there- 
of for school district and parish purposes. 



Property and 
polls exempted, 
(i. S. 11, §6. 
4 .Met. 564. 



PROPERTV AND PERSONS EXEMPTED FROM TAXATION. 

Sect. 5. The following property and polls shall be exempted from 
taxation : — 

4 Gray, 500. 1 Allen, 199. 12 .\llen, 76. 116 Mass. 193. 7 Wallace, 16. 

First, The property of the United States. G.s.n,§5,ci.i. 

Second, The property of the commonwealth, except real estate of 
which the commonwealth is in possession under a mortgage for con- 
dition broken. G.s.n,§5,ci.2. 1867, loi. 



Chap. 11. | assessment of taxes. 97 

But i'.i all cases where land belonging to the commonwealth, and 
which on the twenty-eighth day of March, in the year eighteen hun- 
dred and sixty-seven, was in the control of the cgmmissioners of pub- 
lic lauds, lias been sold by any commissioners of the commonwealth, 
and agreements for deeds given, such land shall be free from taxa- 
tion for the space of three years thereafter, unless previously built 
upon or otherwise improved by the purchasers or their assigns ; and 
upon the expiration of three years from the date of such sale, such 
lands shall be taxable to the purchasers thereof or their assigns, in 
the same manner and to the same extent as if deeds of the same had 
lieeu executed and delivered. 

Third, The personal pioperty of literary, benevolent, charitable. Property of 
and scientific institutions incorpoi'ated within this commonwealth, and tfons!" '""'''"■ 
the real estate belonging to such institutions, occupied by them or it-iil'-^ j'g''' 
their ollleers for the purposes for which they were incorporated ; but wn, 2U. 
such real I'state, when purchased by such a corporation with a view ja'curii.^M! 
to removal thereto, shall not, prior to such removal, be exempt for a 99 Mass. 699. 
longer period than two years ; and the real and personal estate of io4 Mass! 47oi 
such corporations formed under general laws shall not be exempt in *^\- 

^,. ,• If ^ • 1 • • ^^"^ Mass. olo. 

any case where part of the mcomo or prohts or then' busmess is ii4 Maes. 337. 

divided among their members or stockhohlers, or where any portion JisMass. isi, 

of such estate is used or appropriated for other than literary, educa- lis Mass. 164, 

tional, benevolent, charitable, scientific, or religious purposes. i2o'Ma88. 212. 

Fourth, All property belonging to common school districts, the of school 

inconK' of which is ap]iroi)riated to the purposes of education. G!s.'n!'§5,cl.4. 

Fifth, Tile ISuiiker Hill Mdiiumeiit. G.S.li,§5,d.5. BunkerHiu 

Sixth, The wearing apparel and farming utensils of every person ; Monument, 

his household furniture not exceeding one thousand dollars in value ; Household 

and the necessary tools not exceeding three hundred dollars in value G.'SIn7§'6!ci.6. 

of a mechanic. 1*^*' -"^^ § ^• 

.Seventh, Houses of religious worship owned by a religious society. Churches, 

or held in trust for the use of religious organizations, and the pews JI'etlooM'i.''' 

and furniture (except for parochial purposes) ; but portions of such J.^'?!; ^^'igi 
houses appropriated for 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 Cerneteries, etc. 
same shall be dedicated for the burial of the dead. ns m.isb. 354, 36i. •''• •^''•'■■ 

Ninth, The estate, both real and personal, of incorporated agri- Estate of 

cultural societies. g.s.ii,§5,c1.9. iie Mass. isg, 191. Sties.™' 

Tenth, The property, to the amount of five hundred dollars, of a of certain 

widow or unmarried woman above the age of twenty-one years, of p "scons', ald^ 

any person above the age of seventy-five years, and of any minor minofs- . 

whose father is deceased : provided, that the whole estate real and ci.' 10. ' "' 

personal of such person does not exceed in value the sum of one j'j*- ^06, § i- 
thousand dollars, exclusive of property otherwise exempted under the 
provisions of this section ; and provided, further, that no property 
shall be so exempted which in the judgment of the assessors has been 
conveyed to such person for the purpose of evading taxation. A 
person aggrieved by such judgment may appeal to the count}' com- 
missioners within the time and in the manner allowed by law for an 
appeal in respect of the abatement of taxes. 

Eleventh, Mules, horses, and neat cattle, less than one year old ; Young cattle, 

and swine and sheep less than six months old. G. s. 11, § 6, ci. 11. ^"'■ 

Twelfth, The polls and anj' portion of the estates of persons who poiis and estates 

by reason of age, infirmity, and jjoverty, are in the judgment of the °[,|',f,o p^y!""" 

assessors unable to contribute fully towards the public charges. G. s. 11, §5, 

Sect. 6. Any city or town, for the term of ten years next after 

the fourth day of May, in the year eighteen hundred and seventy- {J™>^"„^;,5!feture 

two, may exempt from taxation all property therein used exclusive- of beJt-sugar. 



98 



ASSESSMENT OF TAXES. 



[Chap. 11. 



1872, 327. 




Ill Mass. 


473. 


118 Maes. 


386. 


riantatioi 


as of 


timber tn 


?e6. 


1878, 131. 




1880, 109. 




Ill Maes. 


473. 


118 Mass. 


386. 



Ships and ves- 
sels engaged 
in the foreign 
carrying trade. 
1881, 284, §§1,2. 



Taxable valua- 
tiou-of vessels 
engaged in the 
foreign carrying 



and set.oft' 
allowed, etc. 
ISSl, 2S4, S§ : 



ly in the business of manufacturing beet-sugar (except property of 
foreign corporations) : provided, ttiat this exemptiou shall not apply 
to lands upon which beets are raised for the jjurpose of manufacture. 

Sect. 7. All i)lantations of chestnut, hiekorj% white ash, white 
oak, sugar maple, European larch, and piue timber trees, in number 
not less than two thousand trees to the acre, upon land, (not at the 
time of said planting woodland or sprout-land, and not having been 
such within five years previously,) the actual value of which at 
the time of planting does not exceed fifteen dollars per acre, shall 
together with the land upon which the same are situated be exempt 
from taxation for a period of ten years from and after said trees 
have grown in height four feet on the average subsequently to such 
planting: j^'ovided, that said exemption shall not extend beyond the 
time during which said land is devoted exclusively to the growth 
of said trees, and that the owner or owners of such plantations 
appear and prove to the satisfaction of the board of assessors in the 
towns where the same are located the existence of said conditions. 

Sect. 8. Ships and vessels engaged in the foreign carrying trade 
shall not for the purposes of taxation be included in the personal 
estate of persons to be taxed ; but the net yearly income of such 
chips or vessels shall be taxed to the owner or owners thereof in 
their places of residence proportionally to their interests therein. 
No ship or vessel unless actually engaged in such trade, or in port 
undergoing repairs, shall be deemed to be engaged in said trade with- 
in the meaning of this section. 

Sect. 9. The ijrovisions of the preceding section shall not apply 
to any ship or vessel, unless her agent or owner, on or before the 
first day of June in each year, returns in writing under his oath, to 
the assessors of each city and town in the commonwealth in which an 
owner of any share or interest in the ship or vessel resided on the 
first day of May in said year, the name of such owner, the name, 
class, and tonnage of the ship or vessel, the fact that she was on said 
first day of May engaged in the foreign carrying trade within the 
meaning of said section, the share or interest of such owner therein, 
and the dividends paid him upon his said share or interest during the 
j'ear ending on said first da)' of IMay ; and such dividends shall con- 
stitute the net j'eaiiy income to be taxed to such owner as provided 
in said section. 

Sect. 10. The assessors of any city or town may, on or before 
the first day of September in any year before the year eighteen hun- 
dred and eightj'-seven, make a return, under oath, to the tax commis- 
sioner, showing the .amount of its taxable valuation on the preceding 
first day of May, the fair cash value of the ships and vessels returned 
to them in said year under the preceding section, the net income there- 
from so returned, the rate of tax on each one thousand dollars in 
said year, and the increase in said rate arising under the provisions 
of the two preceding sections ; and the commissioner shall thereupon 
credit to the cit}' or town, as a set-off to anj' tax or other payment 
to be made by it to the treasurer of the commonwealth, an amount 
equal to an assessment of said increase in the rate of tax upon the 
amount of said taxaljle valuation. 



^^oU-tax, where 
assessed. 
«. S. 11, § 6. 
1876, 225, §§ 1, 7. 
S Piek. 36!l. 
1 Met. 242, 2.50. 

3 Met. Kid. 

4 Met. 181. 



WHERE POLLS AND PROPERTY SHALL BE ASSESSED. 

Sect. 11. The poll-tax shall be assessed upon each taxable person 
in the place where he is an inhabitant on the first day of l\Iay in each 
year, except in cases otherwise provided for by law. The poll-tax of 
minors liable to taxation shall be assessed to, and in the jilaces of the 
residence of, the parents, masters, or guardians having control of the 



Chap. 11.] assessment of taxes. 9<) 

persons of such minors ; but if a minor has no parent, master, or ii Cush. 362. 

guardian, within the commonwealth, he shall be personally taxed for i^ Cush. 44, 02, 

his poU, as if he were of full age. The poll-tax of every other person 2 Gray, 484. 

under guardianship shall be assessed to his guardian in the place where 7 Gray) 299'. 

the guardian is taxed for his own poll. In cities each inhabitant lia- 2.2*0?^ ^21' 

ble to assessment shall be assessed in the ward where he dwells ; but le Gray! 337. 

no tax shall be invalid by reason of a mistake of the assessors in i-i'AUen, iii, 

ascertaining the ward in which a person should be assessed. ^as. 

124 Mass. 63, 132. 126 Mass. 161, 166. 

Sect. 12. A taxable person who is in a city or town on the first Person to be 
day of May, and who, when inquired of by the assessors thereof, Ji'esignates'his"'" 
refuses to state where he considers his legal residence to be, shall for place of resi- 
the purpose of taxation be deemed an inhabitant of such place. If, g. s. ii, § i. 
when so inquired of, he designates another place as his legal resi- 
dence, said assessors shall notify the assessors of such place, who, 
upon receiving the notice, shall tax such person as an inhabitant of 
their city or town. But such person shall not lie exempt from the 
payment of a tax legally assessed upon him in the city or town of 
his legal domieil. 

Sect. 13. For the purpose of assessing and collecting taxes the Real eetate, 
persons appearing of record as owners of real estate shall be held to ^^Jj^j^^ uxe^. 
be the true owners thereof. Taxes on real estate shall be assessed, in g. s. ii, § s. 
the city or town where the estate lies, to tlie person who is either the i (u'sh. ul. ' 
owner or in possession thereof on the first day of Maj'. Mortgagors J ';Jj'|'y' '^p- ^'''^■ 
of real estate shall, for the purposes of taxation, except as provided no Mass. 47. 
in the three following sections, lie deemed owners until the mortgagee ns Mass! 32^' 
takes possession, after which the mortgagee shall, except as pro- in Mass. 233. 
vided in said sections, be deemed the owner. 

Sect. 14. When any person has an interest in taxable real estate Certain mort- 
as holder of a duly recorded mortgage given to secure the payment |{5fe'^a8*re5 es^ 
of monej', the amount of which is fixed and certain, the amount of tate ; mortgagor 
his interest as mortgagee shall be assessed as real estate in the place va^ue over ^ 
where the land lies ; and the mortgagor shall be assessed only for the ™™°' "^ ^""'' 
value of said real estate after deducting the assessed value of all such issi, 304, § 1. 
mortgagee's interests therein. When such property is situated in two 
or more places, the amount of the mortgagee's interest to be assessed 
in .each place shall be proportioned to the assessed value in the respec- 
tive places of the mortgaged real estate, deducting therefrom the 
taxable amount of prior mortgages if any thereon. 

Sect. 15. If any holder of such a mortgage fails to file in the Mortgagees 
assessors' office a statement under oath of all his estate lialile to taxa- °tatemeut'to be 
tion under the preceding section, including a statement of the full concluded by 

. .* V, , i^i'-i .L Statements in 

amoimt remaniing unpaid upon such mortgage and ot uis interest the mortgage. 
therein, the amount stated in the mortgage sJiall be conclusive as to Jj'™'' Appm" 
the extent of such interest ; but the mortgagees' interests in such real tionment. 
estate shall not be assessed at a gretitcr sum than the fair cash valua- ' 
tion of the land and the struetures thereon or allixed thereto ; and the 
amount of a mortgage interest in an estate that has been divided 
after the creation of such mortgage shall not be required to be appor- 
tioned upon the several parts of such estate, except as provided in 
sections eighty-one to eighty-three inclusive. 

Sect. 16. Mortgagors and mortgagees referred to in the two '^°'°''^. 
preceding sections shall, for the purposes of taxation, be deemed for purposes of 
joint owners until the mortgagee takes possession ; and until such {JS]'is"°%ort-'"' 
possession is taken liy a first mortgagee, the assessors or the collector gaged real 
of taxes, upon application to anyone of them, siiall give to any such i8si,''304, § 2. 
mortgagee or mortgagor a tax bill showing the whole tax on the mort- 
gaged estate, and the amount included in the valuation thereof as 
the interest of each mortgagee and of the mortgagor respectively. 



100 



ASSESSIVIENT OF TAXES. 



[CHAr. 11. 



Tenant may re- 
cover of land- 
lord taxes^ paid, 
uuless, etc. 
G-. S. 11, §0. 
115 Mass. 32. 
Real estate of 
person deceased 
may be assessed 
tu heirs, etc. 
One lialile for 
whole, with 
riuht tu e.jn- 
tributii.n. 
(i. S. 11, § 10. 



Personal estate 
taxed where 
owner resides. 



except stock 
in trade, etc., 
employed in 
other towns. 
(J. S. 11, § 12, 
d. 1. 

■1 Met. 186. 
4 C'ush. 643. 
] J Cnsh, 65. 
■i Oray, 579. 
IJOray, 491. 



4 Met. 181, 185. 
13 Gray, 4S8. 
12 Allen, 75,316 
100 Mass. 183. 



Property of 
persons under 
guardianship. 
«. S. 11, § 12, 



Trust property, 

(i. S. 11, §12, 
cl. 6. 

5 Oush. 93. 
Gray, 132. 
.VUen, 277. 
105 Mass. 628. 
l^lMasB. 194. 



If the first mortgagee is in possession, lie shall be deemed sole owner ; 
and any other mortgagee in possession shall be deemed joint owner 
with prior mortgagees. 

Sect. 17. ^Mien a tenant paying rent for real estate is taxed 
therefor, he may retain out of his rent tlie taxes paid by him, or may 
recover the same in an action against his landlord, unless there is an 
agreement to the contrary. 

Sect. 18. The undivided real estate of a deceased person may be 
assessed to his heirs or devisees without designating any of them by 
name, until they have given notice to the assessors of the di\'ision of 
the estate and of the names of the several heirs or devisees ; and each 
heir or devisee shall be liable for the whole of such tax, and when 
paid Ijy him he may recover of the other heirs or devisees tlieir re- 
spective portions thereof. • 

Sect. 19. The real estate of a person deceased, the right or title 
to which is doubtful or unascertained by reason of litigation concern- 
ing the will of the deceased, or the validity thereof, may be assessed 
in general terms to the estate of the dcieased ; and said tax shall 
constitute a lieu upon the land so assessed, and may be enforced by 
the sale of the same or a part thereof. ;is pioxided for enforcing other 
liens for taxes on real estate. 

Sect. 20. All personal estate, within or without the common- 
wealth, shall be assessed to the owner in the city or town where he is 
a'.i inhaliitant <in the lirst day of jMay, except as provided in chapter 
thirteen and in tlie following clauses of this section: — 

10 Cush. 65. 6 Gray, .570. 13 Gray, 4SS. 14 Allen, 366. 104 Mass. 587. 124 M.as8. 143. 

11 Cush. 362. 7 Gray, 277. 16 Gray, 292, 337. 101 Mass. 329. 109 Mass. 270. 125 Mass. 348. 

3 Gray, 494. 9 Gray, 433. 9 Allen, 246. 103 Mass. 279. 112 Mass. 384. 126 Muss. 161, 166. 

First, All goods, wares, merchandise, and other stock in trade, 
(except ships or vessels owned by a copartnership,) including stock 
employed in the business of manufacturing or of the mechanic arts, 
in cities or towns within the commonwealth, other than where the 
owners reside, whether such owners reside within or without the com- 
monwealth, shall be taxed in those places where the owners hire or 
occupy manufactories, stores, shops, or wharves, whether such prop- 
erty is within said places or elsewhere on tlie first day of May of the 
year when the tax is made. 

Second, All machinery employed in any branch of manufactures 
shall be assessed where such machinery is situated or employed ; and, 
in assessing the stockholders for their shares in any manufacturing 
corporation, there shall first be deducted from the value thereof the 
value of the machinery and real estate belonging to such corporation. 

Third, Horses, mules, neat cattle, sheep, and swine, kept througli- 
out the year in places other than those where the owners reside, 
whether such owners reskle within or w ithout tlie commonwealth, and 
horses emploj^ed in stages or other vehicles for the transportation of 
passengers for hire, shall be assessed to the owners in the places 
where they are kept. 

Fourth, Personal property belonging to persons under guardian- 
•ship shall be assessed to the guardian in the place where the ward is 
an inhabitant, unless the ward resides and has his home without the 
commonwealth, in which case it shall be taxed to the guardian in the 
place where he is an' inhabitant. 105 Mass. 528. 

Fifth, Personal property held in trust by an executor, administra- 
tor, 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 commonwealth, 
and if he resides out of the commonwealth it shall be assessed in the 
place where the executor, administrator, or trustee resides, and if 
there are two or more executors, administrators, or trustees residing 



Chap. 11.] assessment of taxes. 101 

in iliffereut places, the property shall be assessed to them in equal 
portions in such places, and the tax thereon shall be paid out of said 
hicorae. If the executor, administrator, or trustee, is not an inhabit- 
ant of the eommonwoalth, it shall be assessed to the person to whom 
the income is payable, in the place where he resides. 

iSixth, Personal property placed in the hands of a corporation or Personal prop- 
individual as an accumulating fund for the future beneiit of heirs or t"accum°uiate! 
other persons sliall lie ilsscssed to such heirs or [lersons, if within <;. s. ]i,§i2, 
the comnionweulth, (ilherwise to the person so placing it, or his cxecu- 1:1 aiuh, 267. 
tors or administrators, until a trustee is appointed to take charge of ]ij jl[:l^^' U"' 
such property, or the income thereof. 124 Mhsb. 193. 

Seventh, The personal estate of deceased persons shall be as- of deoiastd 
sessed in the place where the deceased last dwelt. Before the (J.'™'n, § jo^ 
appointment of an executor or administrator it shall be assessed in ^i. 7. 
general terms to the estate of the deceased, and the executor or spkk.ak." 
administrator subsequently appointed shall be liable for the tax so f, '^'I'l",'); '.;;j 
assessed in like manner an though assessed to him. After such u" Mass. asj. 
appointment it shall l)e assessed to such executor or administrator for IK jUU^^; Sj^; 
the space of three years, unless the same has been distributed and 
notice of such distribution has been given to the assessors stating the 
name, residence, and amount paid to the several parties interested in 
the estate who are inhabitants of the commonwealth. After three 
years from the date of such appointment it shall be assessed accord- 
ing to the ijrovisions of the lifth clause of this section. 

Sect. 21. When personal property belonging to two or more per- Separate tax 
sons under guardianship, or personal property held in trust by an pfope?tyh™ki 
executor, administrator, or trustee, the income of which is payable to in trust tor bene- 
two or more persons, or personal proiierty iihieed m the hands 01 a more persons. 
< orporation or individual as an accumulating f mid for the future bene- JjI'mS 193 
lit of two or more heirs or other persons, is assessed under the pre- 
ceding section l)y the assessors of any city or town in whole or in 
part, they shall, upon being requested in writing within the time 
specified by them for the bringing in of lists under section thirty- 
eight, and being therein informed of the names, domicils, and pro- 
portionate shares of such wards, cestuis que trust, heirs, or other 
persons, inake separate assessments in such manner as to distinguish 
how much of such personal property is assessed in respect to each. 
If any such assessment is illegally made, an action at law shall lie to 
recover back the taxes paid thereon, in the same manner as in other 
cases of illegal assessment. 

Sect. "22. Property held by a religious society as a ministerial Property held 
fund shall be assessed to the treasurer of the society. If such f,1,|d"'"""'"" 
property consists of real estate, it shall be taxed in the town where it <*• s. j^^' y^- 
lies ; if it consists of personal property, it shall be taxed in the town 12 Cush. 54.' 
whore such society usually holds its meetings. 

Sect. 23. Personal property mortgaged or pledged shall, for the Personal prop- 
purposes of taxation, be deemed the property of the party who has "2 """'s^e"^- 

the possession. 10 Met. 334. 10 Alien, 100. G. S. 11, §14. 

Sect. 24. Partners in mercantile or other business, whether resid- Partners may h. 
ing in the same or in different places, may be jointly taxed under their l'j'i°i;^in''t'iade,'" 
partnership name, in the place where their business is carried on, for *^'^Pi'/!,'j,'j*"""' 
all the personal property employed in such business, except ships or property of co. 
vessels, and except property taxed under the provisions of chapter i,'^!|d"ii,"'a"s'l*'na- 
thirteen. If partners have places of business in two or more towns, ^''' *''"™1- . 
they shall be taxed in each of such places for the proportion of i8'78,'275 
property employed therein. W 
shall be liable for the whole tax. 

Sect. 25. Ships or vessels owned by a partnership shall be pajf^^s wiiere 
assessed to the several partners in their places of residence, proper- assessed.' 



102 



ASSESSMENT OF TAXES. 



[Chap. 11. 



G. S. 11, § 16. 
1870, 328, § 1. 
10 Gray, 97. 



tionally to their interests tlierein, if they reside within tlie common- 
wealtli ; but the interests of the several partners who reside witliout 
the commonwealth shall be assessed to the partnership in the place 
where its business is carried on. 



Penalty for 
agreeing to 
assessment on 
limited amount, 
etc., witb view 
to residence, etc, 
G. 8. 11, § -26. 
12 Allen, 698. 



for escaping 
taxation by 
wilfully, etc., 
changing and 
concealing resi- 
dence. Venue 
of indictment 
therefor. 
1864, 172, §§1,2. 
124 Mass. 66, 148. 



on share- 
holders for 
fraudulent 
transfers, etc., 
to avoid taxa- 
tion. 

1864, 201, § 4. 
13 Gray, 639. 



for makini 
false return ( 
property to 



Keepers of tav- 
erns, etc., to 
give names of 
persons ta.\ablc. 
Penalty. 
G. S. 11, § 21. 



EVA.SION OF TAXATION. 

Sect. 26. Whoever in any way directly 5r indirectly proposes or 
agrees to an assessment on anj' specific or limited amount less than 
he is liable by law to be taxed for, with a view or as an inducement 
to make any particular place his residence for the purpose of taxa- 
tion, shall be punished by fine of one thousand dollars ; and any 
assessor guilty of making or assenting to any such proposal shall be 
subject to a like i)enalty. 

Sect. 27. Any inhabitant of the commonwealth who escapes taxa- 
tion by wdlfully and designedly changing or concealing his residence, 
or by any other act, with the intent so to escape, shall be punished 
by fine of twice tiie amount of the last tax paid by him ; or, if he 
has paid no tax in the commonwealth, by a fine of not less than one 
hundred nor more than five thousand dollars. Any person offending 
against the provisions of this section may be indicted and tried in 
any county where any of the acts or things made criminal by this 
section are done, or in the county where such person is liable ta 
taxation. 

Sect. 28. Any shareholder who, with intent to avoid taxation, 
fraudulently transfers a share of corporate stock, or frtiudulently 
causes or procures a certificate of a share to be issued to any person 
other than himself, or in any name other than his own ; or refuses to 
inform, or wilfully misinforms, the corporation respecting his name 
or; residence ; or, having changed his residence to another city or 
town in the commonwealth, wilfully omits to give notice thereof to 
any corporation in the commonwealth in which he is a shareholder, 
shall forfeit one-half of the par value of the shares so transferred, 
issued, or owned ))y him in the stock of such corporation, to be 
recovered by an action of tort to the use of the city or town in which 
he resides. 

Sect. 29. Whoever, with intent to defeat or evade the provisions 
of law in relation to the assessment or payment of taxes, delivers or 
discloses to an assessor or assistant assessor a false or fraudulent 
list, return, or schedule of propertj% as and for a true list of his 
estates not exempted from taxation, shall be punished by fine not 
exceeding one thousand dollars, or by imprisonment in jail not 
exceeding one year. 

Sect. 30. Keepers of taverns and boarding-houses, and masters 
and mistresses of dwelling-houses, shall, upon application of an as- 
sessor in the place where their house is situated, give information of 
the names of all persons residing therein and liable to lie assessed for 
taxes. Every such keeper, master, or mistress refusing to give such 
information, or knowingly giving false information, shall forfeit twenty 
dollars for each offence. 



G. s. 11, § 18. 



manner oe assessing taxes. 

Sect. o\. When a state tax is to be assessed, the treasurer shall 
send his warrants for the assessing thereof by mail to the assessors 
of the several cities and towns. 

Sect. 32. The assessors shall assess state taxes for which they 
receive warrants from the treasurer, according to the rules prescribed 
in this chapter. They shall in like manner assess all county taxes 



Chap. 11.] assessme>'t of taxes. 103 

which are only certified to them, all city or town taxes voted by their G. s. 24, § 44. 

places, and all taxes duly voted and certiued by school and other i^'mc^lhI.^' 

(HstrictS therein. 119 Mass. TT. 126 Mass. 4-6. 117 Mass. 469. 

•Sect. 33. Assessors of cities and towns in which any national ii.ite of taxaUon 

bank or banking association is located, shall, for the purpose of town'rwhere 

ascertaining the rate at which taxes shall be assessed, omit from the ni>tionai banks 

valuation upon which the rate is to be based the value of all shares 18-3,315! §'4. 

held by non-residents of said cities and towns, and no tax of any city ^"^ '^''^^- *^*- 
or town shall be invalidatcil by reason of any excess, in consequence 
of the provisions of this section, of the amount of such tax over the 
amount to be raised. 

Sect. 34. The assessors shall each year assess taxes to an amount Assessors sh.iu 

not less than the aggregate of all sums appropriated, granted, or taxes ^o'au"^"'"** 

lawfully expended by their respective cities or towns since the last amount not less 

preceding annual assessment and not provided for therein; of all ga™ of "afuras 

sums which are required by law to be raised by taxation by the said ■'>i>i>™pr'="''<i. 

cities or towns during said year ; and of all snms which are necessary assessment,' and 

to satisfy final judgments recovered against the said cities or towns ; renuhed'durine 

l)ut such assessments shall not include sums for the pa3'ment of 8,-iid year, etc. 

which cities or towns have lawfully voted to contract debts, and the not^lndudedt 

assessors may deduct from the amount required to be assessed the S-;"SJj?°8 V 

amount of all the estimated receipts of their respective cities or towns 114 Mass'. 592. 
(except from loans or taxes) which are lawfully applicable to the 
payment of the expenditures of the year, but such deduction shall 
not exceed the amount of such receipts during the preceding year. 

Sect. 35. The assessors of any city or town owing debts incurred shall .iiso in 
to obtain funds for subscriptions for the capital stock and securities owinVdehilfor 
of any railroad corporation shall each year assess, in addition to the raijioad sub- 
other amounts required by law, a sum sufficient to pay the interest additlomil '""*'"'* 
on all debts so incurred, or. if there is anv income derived from the "mount to pay 

, , . . ^ , . , , , . mterest on same, 

capital stock or securities of such corpor.ations owned by sucli city or etc 

town as aforesaid, a sum suflicient to pay the excess of such interest ^*'^' ^^^' ^ ^' 

payable by such city or town, over such income. 

Sect. 3G. If the assessors neglect to obey a warrant received from Penalty if 

the state treasurer, or to assess a coiintj', town, or district tax required iTobty warrant 

by sections thirty-two, thirty-four, or thirtj'-tive, each assessor so etc. 

neglectiug shall forfeit a sum not exceeding two hundred dollars ; commiss'jorrers 

and the commissioners in the respective counties shall forthwith g 's''ii°8'i9 

appoint other suital)le persons to assess such tax according to the msriOB, § 1.' 

warrant of the treasurer. The persons so appointed shall take the ^*'®' ^^^' ^ ^' 
same oath, perform the same duties, and be liable to the same penal- 
ties, provided in tlie case of assessors of towns. 

Sect. 37. If within five months after tiie receipt of a warrant Town, etc., lia- 

from the state treasurer, or of a certificate from the county com- county tax' not 

missioners requiring the assessment of a tax, such tax is not assessed q '*''^^*i?' 5 .,(, 
and certified as the law requires, the amount of the tax may be 
recovered of the city or town where the neglect occurs, in an action 
of contract by the treasurer of the state or county respectively. 

NOTICES AND LISTS. 

Sect. 38. Before proceeding to make an assessment, the assessors Assessors to' 

shall give seasonable notice thereof to the inhaliitants of their jiHi'iJ'i'u'ustsT 

respective places, at any of their meetings, or by posting up in their <;'<;■, 

city or town one or more notifications in some public place or places, isn^'ied, §T.' 

or by some other sufficient manner. Sudi notice shall require the l\^,^^^' H^' 

inhabitants to bring in to the assessors, within a time tiierein speci- 8 Gray, iiii. 

fied, true lists of all their polls and personal estates not exempted lof mIIL's.^. 
from taxation, and may or may not require them to include real may or may 



104 



ASSESSMENT OF TAXES. 



[Chap. 11. 



not require thera 

to include real 

estate. 

100 Mass. 272. 

114 Mass. 224. 



Assessors shall 
verify lists by 
o.ttb of the 
party. 



G. 8. 11, ? 25. 
12 Met. 211. 
8 Cush. 64. 
10 Allen, 100. 

shall raake an 
estimate, when 
lists are not 
brought in. 
G. S. 11, § 27. 
8 Cush. 63. 
2 Allen, 594. 



G. .•<. 11. § 28. 
6 Cush. ;i7. 
8 Cush. Ua. 



Estitnate of per- 
sonal property, 
how made iind 
entered. Error 
in aijareuate 
only material. 
1879, 72, § 1. 



Araottnt last 

to he deemed 
sum a.s,*.-ssahlo, 
unless list is 
brought in. 
1878, 189, § 3. 



make fair cash 
valuation. 
G. S. 11, § 24. 



ment. 

County and city 
taxes in Boston, 
how assessed. 
Chelsea, etc., 
exempt from 
county tax. 
G. S. 11, § 30. 

For state and 
for county taxes 
poll-tax of not 
exceedini $1 
to be assessed, 
and balance on 
property. 
1879, 299, § 1. 

Assessors may 



estate in their lists of property subject to taxation. Unless sueli 
requirement is made in said notice, tiie omission of real estate from 
the list brought in to the assessors siiall not deprive the owner of 
such real estate of his right to an abatement of the tax tliereon, if 
he files with liis application to the assessors for abatement a list of 
the real estate on whicli the same is claimed, with liis estimate of the 
fair cash value of eacli parcel thereof, and makes oath that said list 
and estimate are true according to his best knowledge and belief. 

Sect. 39. Tlie asscssdis shall in all cases require a person bring- 
ing in a list to make i):itli that the same is true ; wiiich oath may be 
administered by either of the assessors. G. s. ii, § 23. i Aiun, 199. 

Sect. 40. They sha|ll receive as true (except as to valuation) 
the list brought in by each individual according to the provisions of 
section thirty-eight, unless on being thereto rc(iuired by tiie assessors 
he refuses to answer on oath all neces.'^ary inquiries :is to the nature 
and amount of his property. 112 Mass. 21s. 

Sect. 41. They shall ascertain as nearly as possible tlie par- 
ticulars of the personal estate, and of the real estate in possession 
or occupation, as owner or otherwise, of any person wlio has not 
brought in a list as required by them, and shall make an estimate 
tliereof at its just value, according to their best information and belief. 

Sect. 42. Such estimate shall be entered in the valuation, and 
sliall be conclusive upon all persons who have not seasonably brought 
in lists of their estates, uuless the}' can show a reasonable excuse for 
the omission, and except as provided in sections thirty-eight and 
seventy- three. 

Sect. 4.3. In making the estimate provided for in the two preced- 
ing sections, the assessors shall specify the amount of each class of 
personal property mentioned in clauses numbered eighth, ninth, tenth, 
and eleventh, in section fifty-four, and enter the same in column 
number five, upon the blank books furnished under the provisions of 
section fifty-two : provided, that an error or overestimate of any 
class shall not be taken into account in determining whether a per- 
son is entitled to an abatement, but only the aggregate amount of 
such estimate. 

Sect. 44. After personal property has been legally assessed in 
any city or town to an executor, administrator, or trustee, an amount 
not less than tliat last assessed by tlie assessors of such city or town 
in respect of such property shall be deemed to be the sum assessable, 
uuless a true list of such property is brought in to the assessors in 
accordance witli the provisions of section thirty-eight. 

Sect. 4.5. Tiie assessors of each place shall at the time appointed 
make a fair cash valuation of all the estate, real and personal, subject 
to taxation therein. 4 Gr.ay, 254. 

Sect. 46. The assessors, when they think it convenient, may 
include in the same assessment their state, county, and town taxes, 
or any two of them. G. s. ii, § 29. 

Sect. 47. In the city of Boston all taxes assessed for city or 
county purposes may be assessed sei)arately as county taxes and as 
city taxes, or under the denomination of city taxes onlj', as the city 
council from time to time directs. Chelsea, Revere, and Winthrop 
shall not be taxed for county purposes. 21 rick. 64. 

Sect. 48. The assessors shall in each j'ear assess upon the polls 
the state and county taxes, and if either of said taxes exceeds in 
amount the sum of one dollar upon each poll, the excess above said 
amount, and in every case the whole amount assessed for other pur- 
poses shall be apportioned upon property as provided by this chapter. 

9 Gray, 38. 15 Gray, 42. 1 .\llen, 319. 

Sect. 49. They may add to the amount of a tax to be assessed 



Chap. 11.] 



ASSESSMENT OF TAXES. 



105 



such sum, not exceeding five per cent tiiereof , as any fractional divis- 
ions of the amount may render convenient in the apportionment. 

Sect. .50. They sliall make, upon the blanlv books furnished in 
accordance with section fifty-two, a list of the valuation and the 
assessment thereon, and, before the taxes assessed are committed for 
collection, shall deposit the same, or an attested copy thereof, in tlieir 
office, or if there is no office, with their chairman, for public inspec- 
tion. 1861,167. 2 Gray, 298. 2 Allen, 594. 102 Mass. 148. 127 Mass. 602. 

Sect. 51. The first part of the list shall exhibit the valuation and 
assessment of the polls and estates of the inhabitants assessed. 

The second part shall exhibit the valuation and assessment of the 
estates of non-resident owners, and shall contain in separate columns 
tlie following particulars : to wit, — 

The names of the non-resident owners of the property assessed, or 
such descrii)tion of them as can be given. 

Their places of abode, if known. 

The description of their estate. 

The true value of such estate. 

The tax thereon. 

Sect. 52. Tlie secretary of the commonwealth shall furnish to 
each city and town, on or before the first da}' of May in each year, 
suitable blank books for tiie use of the assessors in the assessment of 
taxes, whicli books shall contain blank columns numbered from one 
to twenty-three, inclusive, with uniform headings for a valuation list, 
and blank tables for aggregates, iu the following form : — 



add five per cent 
for convenience 
of appoi-tion- 



Assessors to 
make valuation 
list on books 
furnished by the 
secretary, and 
deposit copy in 
oflice. 

G. S. 11, § 33. 
List to exhibit 
valuation, etc., 
of inhabitants, 
and of non- 
residents. 
G. S. 11, §34. 
1861, 167. 
21 Pick. 64. 
16 Gray, 293. 
2 Allen, 594. 
102 Mass. 151. 



Secretary to 
furnish blank 
books for use 
in assessment 
of ta.\es. 
1861, 167, § 1. 
1879, 72, § 2. 



Valu.wiox List fou the 









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Col. No. 1 


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Number of acres 












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or feet in each 








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lot of land. 








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106 



ASSESSMENT OF T^VXES. 



[Chap. 11. 



Form of table of TABLE OF AGGREGATES. 

ifai "lo?*^ «' 1 FoK THE OP OF Polls, Propekty, Taxes, ETC., AS ASSESSED May 1, 18 

ISToi 72, '§ 2. ' 



1 


2 


3 


4 


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G 


7 1 8 


9 


10 


11 


12 


13 


14 


15 


10 












^ 


a 




M 




o 






















5 


= 


Money at interest, 
and other debts 


1 












£ 


-« 






6 










due the persons 


O^ 












§ 


§ 


tE 




9 


1 


>> 


5 

s 


^ 


thun they are 
indebted or pay 
interest for. 


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How blanks 
in lists shall 
be filled. 
1861, 167, § 2. 
1879, 72, § 1. 

127 Mass. 502. 



Sect. 53. The assessors shall enter in the books furnished in 
accordance with the provisions of tlie preceding section the valuation 
and assessment of the polls and estates of the inhabitants assessed, 
in the following order : — 

In Column Number Oue. The names of the inhabitants or parties 
assessed for polls or estate. 

In Column Number Two. The number of polls for which any per- 
son named in the preceding column is taxable. 

In Column Number Three. The total amount of cash tax on polls. 

In Column Number Four. The amount of each person's whole 
stock in trade, including all goods, wares, and merchandise, at home 
or abroad, of ratable estate, whether paid for or otherwise. 

In Column Number Five. A description of all ratable cash assets ; 
viz.. Amount of money at interest more than the person assessed 
pays interest for, including public securities ; the amount of money on 
hand, including deposits in any bank or in anj' savings bank, which is 
not exempted by law from taxation ; the number of shares of stock 
which are taxable, with the name of the corporation, in any bank, 
raih'Qad, insurance, manufacturing, or other incorporated company ; 
and a specification of the amount of each class of personal property 
mentioned in clauses eighth, ninth, tenth, and eleventh of the follow- 
ing section. 

In Column Numlier Six. The true ratable value of the several 
items enumerated in the preceding column, placed oi^posite the descrip- 
tion of said proiK'rty or shares. 

In Column Number Seven. Tlie true value of machinery used in 
all kinds of manufacturing establishments, including steam-engines. 
etc., the value of such machinery to be entered opposite the descrip- 
tion of the building in wliich it is used. 

In Columns Number Eight and Nine. The whole number of taxa- 
ble live stock, including horses, mules, asses, oxen, cows, steers, 
heifers, sheep, and swine ; each kind to be stated separately, with the 
value affixed to each. 

In Columns Number Ten and Eleven. A description of all other 
ratable personal estate, not before enumerated, such as carriages, 
income, plate, furniture, tons of vessels, etc., with the true value of 
the same. 

In Column Number Twelve. The aggregate of each person's rata- 
ble personal estate. 



ChA]'. 11.] ASSESSMENT OF TAXES. 107 

lu Column Number Thirteen. The total tax on each person's per- 
sonal estate. 

In Column Numljer Fourteen. Buildings of all kinds shall be 
described in the following order : — 

Dwelling-houses ; barns ; shops of all kinds, naming their uses ; 
stores ; warehouses ; distil-houses ; breweries ; tanneries and other 
manufactories of leather ; ropewalks ; gristmills ; sawmills ; steam 
and other mills not above enumerated ; cotton factories, with the 
number of spindles and looms used in the same ; woollen factories, 
with the number of sets of cards used in the same ; linen factories, 
with the number of spindles and looms ; print-works ; bleacheries ; 
gas-works ; paper-mills ; card factories ; boot and shoe factories ; 
india-rubber factories ; carriage and car factories ; piano-forte and 
musical instrument factories ; sewing-machine factories ; chair, pail, 
tub, and other wooden-ware factories ; oil factories ; glass factories ; 
all kinds of iron and brass works ; and other buildings not above 
named. 

In Column Number Fifteen. The true value of buildings enu- 
merated- in the preceding column placed opposite the description of 
the same, including water-wheels ; such value to be exclusive of land 
and water power and of the machinery used in said buildings. 

In Columns Numlier Sixteen, Seventeen, and Eighteen. A descrip- 
tion by name or otherwise of each and every lot of land assessed, the 
same placed opposite the name of the person or party to whom it is 
taxable, with the number of acres or feet in each lot, the number of 
quartz-sand beds, of stone quarries and ore beds, and the true value 
thereof. 

In Columns Numlier Nineteen and Twenty. The number of super- 
ficial feet of wharf, and the total value of the same. 

In Column Numlier Twenty-one. The aggregate value of each 
person's taxable real estate. 

In Column Number Twentj'-two. The total tax on real estate. 

In Column Number Twenty-three. The aggregate cash tax assessed 
to each person on polls, and on personal and real estate. 

Sect. 54. The assessors shall till up the table of aggregates by an Asseesors to fill 
enumeration of the necessary items included in the lists of valuation SegateB "and in 
and assessments required by the preceding section, and shall, on or certain years 
before the first day of October in each of the first four j'ears of each s^retai^T^ "^ 
decade, deposit in the office of the secretary of the commonwealth an J^J^j^y k „ 
attested copy of the same, containing, — i879i 72,'§2." 

First, The total number of polls. 

Second, The tax on each poll. 

Third, The total value of personal estate. 

Fourth, The total value of real estate. 

Fifth, Tlie total valuation of the city or town. 

Sixth, The total tax for state, county, and town purposes. 

Seventh, The rate per cent of total tax, or rate per one thousand 
dollars. 

Eighth, The total amount, as valued for assessment, of money at 
interest, and other debts due the persons assessed more than they are 
indebted or pay interest for, specifying how much of said amount is 
debts secured 1)y mortgage, and how much unsecured debts. 

Ninth, The amount of money on hand, including deposits taxable, 
as valued for assessment. 

Tenth, The total amount of public stocks and securities, as valued 
for assessment. 

pjleventh. The total amount of stocks in corporations without the 
state, as valued for assessment. 

Twelfth. The total number of horses assessed. 



108 



ASSESSMENT OF TAXES. 



[fHAl-. 11, 



ck'pofiit copies 
\vith agtrrt-gate 
BlKH-twlu certain 



Boston returns, 
when to be de- 
posited. 



Secretary to 
cause copy of 
certain sections, 
etc., to be print- 
ed in assessment 
l)ooI;s, and to 
compile and 
print aggregate 
returns. 
1861, 167, § 4. 



Assessors to 
enter certain ex- 
empted property 



Valuation list to 
be sworn to by 
assessors, 
G. S. 11, § 36. 



Thirteenth, The total number of cows assessed. 

Fourteenth, The total number of sheep assessed. 

Fifteenth, The total number of dwelling-houses assessed. 

(Sixteenth, The total number of acres of laud assessed in the city 
or town. 

Sect. .5.5. The assessors shall make similar returns in the first 
four years of the last half of each decade ; and in every fifth and 
tenth year of each decade they shall deyjosit in the office of the secre- 
tary of the commonwealth, on or l)efore the first day of OctoV)er, a 
certified copy, under oath, of the asses.sors' books of those years ; 
and said books thus deposited shall contain an aggregate sheet prop- 
erly filled in accordance with the provisions of the preceding section, 
which shall be in like manner certified by the assessors, and in every 
fifth and tenth year of each decade the secretary shall furnish dupli- 
cate copies of blank books to the cities and' towns for the foregoing 
purpose : provided, that, in the case of the city of Boston, the returns 
required by this section to be deposited in the office of the secretary 
may be thus deposited on or before the first day of November, in 
the several years respectively. 

Sect. 56. If the assessors of any city or town neglect to comply 
with the requirements of either of the three preceding sections, each 
assessor so neglecting shall forfeit a sum not exceeding two hundred 
dollars. 

Sect. 57. The secretary of the commonwealth shall cause to be 
printed and bound in the books to be furnished for the use of the 
assessors a copy of this and of the five preceding sections and such 
certificates as are required by law to be signed by the assessors, 
togetiier with such explanatory notes as may by him be deemed expe- 
dient for the purpose of securing uniformity of returns under tiie 
several headings ; and he shall compile and cause to be printed an- 
nually for the use of the general court the aggregate returns from the 
cities and towns arranged by counties, so as to exhibit the total valua- 
tion of the towns, cities, counties, and state. 

Sect. 58. The assessors shall enter upon the valuation list, in the 
appropriate columns, after the enumeration of the taxable persons 
and estates therein contained, a statement and description of all the 
property and estate, and the fair ratable \alne thereof, situate in their 
respective cities or towns, or which would be taxable there but for 
the provisions of the third, seventh, and ninth divisions of section 
five, with the names of the persons or corporations owning the same 
and the purpose for which it is used, which are exempted from taxa- 
tion by the provisions of law aforesaid, with a reference to the law by 
which such exemption is allowed. 

Sect. 59. The assessors, or other persons empowered to assess 
the taxes in a city or town, shall, at the close of said valuation list, 
subscribe and take the following oath : — 

" We (the assessors, or mayor and aklermen, as the case may be, of ) 

do hereby solemnly swear that the 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 town,) during the present year, and that the real 
and personal estate contained in said list, and assessed upon each individual in 
said list, is a full and accurate assessment upon all the property of each indi- 
vidual, liable to taxation, at its full and fair cash value, according to our best 
knowledge and belief." 



Penalty on as- 
sessor omitting 
to take oath. 
G. 8. 11, § 37. 



Sect. 60. Au}' assessor or other pi'rson assessing taxes in a city 
or town, who omits to take and .suliscrilie the oath pi'cscribed in the 
preceding section, shall be puuislied by a tine of ten dollars ; but the 
omission to take and subscribe said oath shall not prevent the collec- 
tion of a tax otherwise legally assessed. 



Chap. 11.] assessment of taxes. 109 



COLLECTOR S LIST AND WARRANT. 



Sect. 61. The tax-list committed to tlie collectors shall be, in sub- Contents and 
stance, as follows : — '^"'^'L'Jf,"^', 

' committed to 



Names. 



No. of Polls 



PoU-Tai. 



Tax on Personal 
Property. 



Total. 



collectors 

G. S. 11, § 35. 

Time when 1877, 235, § 1. 

paid. 9 Pick. 97. 

2 Gray, 298. 



KON-RESIDENTS. 



Places of abode, if kn 



Assessors in cities shall enter in the list opposite the name of each 
resident male tax-payer the place of his residence, giving the street 
and number if possible. 

vSect. (J2. The assessors shall, within a reasonable time, commit Assessors to 

said tax-list with their warrant to the collector, or, if no collector is to'coUectors 

chosen, to a constable, or, if there is no constable, to the sheriff or his <?te., but, in' 

deputy, for collection ; but the assessors of a town shall not commit bonds'tave"" ' 

a tax-list to tlie collector until the bonds of such collector and of ^<'™ ^J"? oo 

the town treasurer have been given and approved as required bj' law. 1879,' 157, § 1.' 

6 Gray, 387, 502. 99 Mass. 472. 124 Mass. 343. ^^ '^^'- *'• 

Sect. 63. The warrant shall specify the duties of the collector as contents and 

prescribed by law in the collection of taxes ; the times when and the §"§ "n^ls™ "'■ 

persons to wiiom he shall pay them in ; shall be substantially in the See 1785, so, § 6. 

form heretofore used ; and need not be under seal. J ^l\[ |i|; 

13 Met. 85. 99 Mass. 472. 127 Mass. 502. 

Sect. 64. When a warrant issued for the collection of taxes is if warrant is 
lost or destroyed, the assessors may issue a new warrant therefor, '"*!' '■T?-^^'^ 
which shall have the same force and effect as the original warrant. g. s. ii, § 40.' 

DISCOUNT AND INTEREST ON TAXES. 

Sect. 65. Towns at their annual meetings, and city councils of Discounts, 

cities, may allow a discount of such sums as they think expedient to is'c'jray'lyj^' 

persons making voluntary payment of their taxes within such periods 2 Alien,' 594. 
of time as they prescribe. In such case the collectors shall make 
such discount accordingly. 

Sect. 66. When such discount is allowed, the assessors, at the wiien discount 

time of committing their warrant to the collector, shall post up, in one l'" 'birpo'stTd'^up. 

or more public places within the city or town, notice of the rates of g. s. 11, §42. 

,. ,_ '' UCush. 2S9. 

discount. 

Sect. 67. When a city or town has fixed a time within which interest to be 
taxes assessed therein shall be paid, such city by its city council, and "ofed ijy cuier 
such town at the meeting when money is appropriated or raised, may "n^ 'o^e- 
vote that, on all taxes remaining unpaid after a certain time, interest istoJ?!' 
shall be paid at a specified rate, not exceeding seven per cent per 
annum ; and may also vote that, on all taxes remaining unpaid after 
another certain time, interest shall be paid at another specified rate, 
not exceeding seven per cent per annum ; and the interest accruing 
under such vote or votes shall be added to, and be a part of, such 
taxes. 

Sect. 68. The legal voters of any fire, water-supply, improve- also to district 
inent, or school district, organized under the laws of the common- vo'Jed'b\''t'he 
wealth, may, at the meeting when money is appropriated or raised, di8trict.'_ 
fix a time within which all taxes assessed therein shall be paid, and ' ' '^ 
may vote that, on all taxes remaining unpaid after a certain time, 
interest shall be paid at a specified rate, not exceeding one per cent 
per month, and may also vote that, on all taxes remaining unpaid after 



no 



ASSESSMENT OF TAXES. 



[Chap. 11. 



another certain time, interest sliall he paid at anotlier specified rate, 
not exceeding one per cent per month ; and the interest accruing under 
such vote or votes shall be added to and be a part of such taxes. 



Abatements. 
G. S. 11, § 43. 
1877, 160, § 2. 
6 Pick. 98. 
12 Pick. 7. 
21 Pick. 64. 
5 Cash. 93. 
S Cnsh. 55, 66. 



Costs before 
api>lying for 
abatement to 
be p.iid. 
G. S. 11, § 44. 

Appeal if as- 
fiessors refuse 
to abate. 
G. S. 11, § 4.5. 



Ko abatement 
unless, etc. 
G. S. 11, § 46. 
4 Pick. 399. 
6 Cush. 97. 
6 Cusb. 477. 
6 Gray, 365. 
8 Gray, 509. 
1 Allen, 199. 
3 Allen, 546. 
101 Mass. 87. 
112 Mass. 218. 



Abatements not 
to be made if no 
list is brouelit in 
to assessors, ex- 
cept in certain 
cases. 
1865, 121. 
101 Mass. 87. 



to be applied 
for wi ...in six 
months. 
G. S. 11, § 47. 

Amount of 

abatement to 

te reimbursed 

if tax has been 

paid. 

G. S. 11, § 48. 

13 Gray, 223. 



If poll-tax or 
tax on personal 
property eanuot 
he collected, 
assessors to be 
notified by col- 
lector of reason. 

1878, 77. 

1879, 43. 



ABATEMENTS. 

Sect. 69. A person aggrieved b}- the taxes assessed upon him 
may apply to the assessors for an abatement thereof ; and, if he 
makes it appear that he is taxed at more than his just proportion, or 
upon an assessment of anj' of his property above its fair cash value, 
they shall make a reasonable abatement. 

2 Gray, 494. 13 Gray, 321. 12 Allen, 612. 102 Mass. 348. 114 Mass. 224. 

8 Gray, 509. 3 Allen, 646. 13 Allen, 119. 109 Mass. 270. 125 Mass. 348. 

Sect. 70. If legal costs have accrued before making such abate- 
ment, the person applying for the abatement shall pay the same. 

Sect. 71. If the assessors refuse to make an abtitemeut to a per- 
son, he maj', within one mouth thereafter, make complaint thereof to 
the county commissioners by filing the same with their clerk, and if 
upon a hearing it ajjpears that the complainant is overrated, the com- 
missioners shall make such an abatement as thej' deem reasonable. 

8 Cush. 65. 6 Allen, 131. 114 Mass. 224. 

Sect. 72. No person shall have an abatement unless he has filed 
with the assessors a list subscribed by him of his estate liable to taxa- 
tion, and made oath that such list is full aud accurate according to 
his best knowledge and belief. When such list is not filed within 
the time specified by the assessors for bringing it in, no complaint 
from the judgment of the assessors shall be sustained by the county 
commissioners, unless they are satisfied that there was good cause 
why such list was not seasonably brought in, and except in cases 
provided for in the following section. 

.Sect. 73. AVln-n the assessors of a city or town have given notice 
to the inhabitants thereof to bring in true lists of their polls and 
estates not exempt from taxation, in accordance with the provisions 
of section thirty-eight, no part of the tax assessed on personal estate 
to a person who did not within the time specified therefor bring in 
such list shall be abated unless such tax exceeds by more than fifty 
per cent the amount which woulil have been assessed to that person 
on personal estate if he had seasonably brought in said list ; and if 
said tax exceeds by more than fifty per cent the said amount, the 
abatement shall be only of the excess above said fifty per cent : 
provided, that this section shall not affect any person wlio can show 
a reasonable excuse for not seasonably bringing in such list. 

.Sect. 74. No abatement shall be allowed to a person unless he 
makes application therefor within six months after the date of his tax 
bill. 

.Sect. 75. A person having an abatement made, shall, if his tax 
has been paid, 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 provided for in section seventy. 3 Alien, 546, 650. 

Sect. 76. Every person whose tax is abated shall be entitled to 
a certificate thereof from the assessors, clerk of the commissioners, 
or other proper officer. G. s. ii, § 49. 

.Sect. 77. When a collector is satisfied that any poll-tax, or tax 
upon personal property, or any portion of said tax, committed to 
him or to any of his predecessors in office for collection, cannot be 
collected by reason of the death, absence, poverty, insolvency, bank- 
ruptcy, or other inability to pay of the person assessed, he shall notify 
the assessors thereof in writing, stating the reason why such tax can- 
not be collected, aud verifying the same by oath. In such case the 



Chap. 11.] assessment of taxes. Ill 

assessors, after due inquiry into the circumstauees, may abate such AsBessors may 
tax or auy part thereof. When such abatement is made, the assess- |Jj?''' ''"' '""' 
ors shall certify the same in writing to the collector ; and said cer- 
tificate shall discharge the collector from further obligation to 
collect the tax so abated. But no poll-tax shall be abated under the 
provisions of this section within the calendar year in which the tax assessment, 
is assessed. 

OMITTED ASSESSMENTS. 

Sect. 78. When the assessors of any city or town, after their Omitted estates, 
warrant has been committed to the collector, discover that the real jggj '||q^_'*' 
or personal estate of any person, to an amount not less than one I873I272. 
hundred dollars and liable to taxation, has been omitted from the 
last annual assessment of taxes in such city or town, said assessors 
shall proceed forthwith to assess such person for such estate in like 
manner as he should have been assessed in such last annual assess- 
ment. The taxes so assessed shall be entered in the tax-list of the 
collector of the city or town, and he shall collect and pay over the 
same in the manner specified in his warrant : 2^^'ovide(J, that such tax 
shall not be assessed after the fifteenth day of September. No tax 
shall be invalidated for the reason that, in consequence of the jjro- 
\isions of this section, the whole amount of the taxes assessed in a 
city or town exceed the amount authorized by law to be raised. 

EE- ASSESSMENT OF TAXES. 

Sect. 79. Every tax, except a poll-tax, which is invalid by reason invalid taxes, 

of any error or irregularity in the assessment, and which has not been taxeifmay be 

paid, or which has been recovered back, may be re-assessed by the re-assessed, 

assessors for the time being, to the just amount to which, and upon is'si.'soi, § 7.' 

the estate or to the person to whom, such tax ought at first to ha\'e g9'^a™'3^2^%8 

been assessed, whether such person has continued an inhabitant of 102 Mass: 73.' 

the same citj' or town or not. No alienation of the real estate as- j.21 Mass.' m! 

sessed shall clef eat such re-assessment, if made within two years after 126 Mass. 97^ 
the tax first assessed was committed to the collector. 

Sect. 80. Taxes re-assessed under the provisions of the preceding how commit- 

section shall be committed to, and collected and paid over by, the 'ftc.' ^NaiMof 

collector for the time lieing, in the same manner as other taxes, except pei-Bou ongi- 

that the name of the j^erson to whom the taxes were originally as- Jobcstare^dln 



nally assessed 
luitiiy itft- 

collector 
shall apply to such re-assessed taxes. 102 Ma 



sessed shall be stated in the warrant ; and the bond of such collector Jg^Q™"'^ 



apportionment of taxes on real estate subsequently divided. 



Sect. 81. When the assessors have assessed a tax upon real Real estate 

" " " - divided aftei 

taxation ma; 
have tax apj 
tioned upon the 



estate, and such real estate has been subsequently divided by sale, <'""i<'d after 



taxation may 

mortgage, or otherwise, by the owner or owners thereof or upon a h/"'' t'l" appor- 
petition for partition, and record of such division has been made in seraai'i'oi'tionB 
the registiy of deeils for the county or district in which such real jgjg'°82 s 1 
estate is situated, the assessors at any time before said real estate 
has been sold for payment of taxes, upon the written request of 
the owner oi- mortgagee of auy portion theieof, .shall apportion said 
tax, and the costs and interest accrued thereon, upon the several 
parcels into which said real estate has l)een divided, in proportion to 
the value of each parcel thereof, and only the portion of said tax, 
interest, and costs so apportioned upon any such parcel shall there- 
after continue to be a lien upon it ; and no one of such owners or 
mortgagees shall thereafter l>e liable for the tax so apportioned upon 
any parcel not owned in whole or in part by hiin at the time of such 
apportionment. 



112 



ASSESSMENT OF TAXES. 



[CKAI'. 11. 



ParHee inter- Sect. 82. Notiee of the request and of the time appointed for 

notifled.'"' ^uch apportionment shall be sent by mail by the assessors to all per- 

1878, 182, §2. sons interested in said real estate whose addresses are liuown to 

them. 
Appeal. Sect. 83. Any person aggrieved by any action of the assessors 

1878, 182, § 3. under the two preceding sections may within seven days thereafter 
appeal to the board to whieli appeal may be made in case of an over- 
assessment, and the action of said board upon such appeal shall lie 
final. 

ILLEGAL ASSESSMENTS. 

Taxes, invalid, Sect. 84. If, tlirougli any eiToiieous or illegal assessment or appor- 

to extentof"'^ tioumeiit of taxes, a party is assessed more or less than his due pro- 

iiie^ai exce8.s. portiou, the tax and assessment shaU be void only to the extent of 

MMaiis.'lo's.' the illea,'al excess. 120 iiaes. 07, os. 127 Mass. 502. 



quired to lurnis 
information as t 
personal prop- 
erty of persons 
chanifiiitr doini- 
cil; to file in- 
formation re- 



al not 



poratious, state- 
ment of works, 
etc., and of 
amount of taxes 
laid. 

181)5, 283, § 1. 
1878, 275. 
13 Allen, 391. 



Penalty for 

neKltCt. 

ISli.'J, 283, ? 14. 



ADDITIONAL DUTIES OF ASSESSORS. 

Sect. 85. When any person liable to be taxed for personal prop- 
erty has changed his domicil, the assessors of the city or town where 
he resides shall require forthwith of the assessors of the city or town 
where such person was last taxed as an inhabitant such written state- 
ment of any facts within their knowledge as will assist in determining 
the value of the personal estate of such person, and also the amount 
he was last assessed in such city or town ; and such information shall 
be furnished by the assessors of the city or town where he was last 
taxed or assessed. When the assessors of any city or town have 
recei\ed notice from the assessors of any other city or town of the 
amount at which a person, who had been an inhabitant thereof, was 
last taxed on personal property, such notice shall be filed in their 
office, subject to pulilie inspection ; and they shall not assess such 
person upon any less amount of personal estate than he was last 
assessed, until he has brought in to such assessors a list of his per- 
sonal estate in accordance with the provisions of sections thirty-eight 
and thirty-nine. "Whoever neglects to perform any duty imposed upon 
him l>y this section sliall be punished by fine of not less than fifty nor 
more than two hundred dollars. 

Sect. 8G. The assessors shall annually, on or before the first 
Monday of August, return to the tax commissioner the names of all 
corporations, except banks of issue and deposit, having a capital 
stock divided into shares, chartered by the commonwealth or organ- 
ized under the general laws for the purposes of business or profit, 
and established in their respective cities and towns or owning real 
estate therein, and of all companies, copartnerships, and other asso- 
ciations having a location or place of business in this commonwealth 
in which the beneficial interest is held in shares assignable without 
consent of the other associates specifically authorizing such transfer, 
and a statement in detail of the works, structures, real estate, and 
machinery owned by each of said corporations, companies, copart- 
nerships, and associations, and situated in such citj' or town, with 
the value thereof, on the first day of May preceding, and the amf)unt 
at which the same is assessed in said city or town for the then current 
year. They shall also, at the same time, return to the tax commis- 
sioner the amount of taxes laid, or voted to be laid, within said city 
or town, for the then current year, for state, county, and town pur- 
poses. 

Sect. 87. If the assessors of a city or town neglect to comply 
with the requirements of the preceding section, each assessor so 
neglecting shall forfeit one Inindred dollars. 



Chap. 11.] assessment of taxes. 113 

Sect. 88. When the assessors of any city or town ascertain that Assessors to 

the aggregate values of such city or town have been diminished Sy'swoi-n'stale- 

since the first day of May of the preceding year, they shall return mentof cause of 

with the table of aggregates, or with the books, which they are ation of city or 

required by sections ttf ty-four and flf ty-flve to deposit in the office of i8^°'2io § 3 
the secretary of the commonwealth, a statement in writing, under 
oath, of the causes which in their opinion have produced such dimi- 
nution. 

Sect. 89. If the assessors of any city or town neglect to comply Penalty for 

with the requirements of the preceding section, each assessor so Js^^aio, §§ 4, e. 
neglecting shall forfeit a sum uot exceeding two hundred dollars, 
which may be recovered in the supreme judicial court by information 
tiled by the attorney-general. 

Sect. DO. The assessors shall, ou or Ijefore the first day of Octo- Assessors to 

ber in each year, malce and forward to the tax commissioner a state- mLssioner'strt™ 

ment showino- the whole amount of exempted inoperty entered uijon ™<'"' "f exempt. 

,.,. CI. • -• !• -I ^° property, and 

tile valuation lists of their respective cities and towns in accordance of statistics con- 
with the provisions of section fifty-eight, and the amount in each ehip8°lt"!ran" 
class, and stating separately the aggregate amount belonging to each n>i?'iy;. 
of the four classes embraced in tlie third division of section five, issii 284] § 4! 
They shall also include in said statement a tabular statement of the 
statistics derived from the returns provided for in section nine. 

Sect. 91. The assessors shall, on or before the first Monday of to return to 
August, return to the tax commissioner the aggregate amount of the etoner'mnount 
assets of their respective cities or towns, and the amount of indebt- of assets and in- 
edness of such cities or towns, for which notes, bonds, or other simi- towns, etc. 
lar evidences of debt, the payment of which is not provided for by ■'*'''' '^• 
the taxation of the then current year, were outstanding on the first day 
of May then next preceding, with a concise statement of the various 
purposes for which such indebtedness was incurred, and the amount 
incurred for each purpose. 

Sect. 92. The assessors shall, in each year, on or before the first "'so statement 
jNIonday in August, return to the tax commissioner a statement show- of steam-boilers, 
ing the whole number of steam-boilers located in their respective cities ^*"^' ^-^' 5 ^■ 
and towns on the first day of May then next preceding, by whom 
and when Iniilt, and the aggregate estimated amount of horse-power 
which such lioilers are capable of furnishing. Such return shall also 
state the number of accidents causing permanent injuries to per- 
sons, which have arisen from the use of such boilers during the year, 
with the causes thereof, as far as may be ascertained by the as- 
sessors. 

Sect. 93. The assessors of any city or town shall, upon applica- to certify por- 
tiou to any one of them by any person assessed therein, give such sessed as sta'tei • 
person a certificate, which shall state what portion of the whole f™"'^,^^"^'' 
amount of such person's tax is assessed as state tax, county tax, is79, 299, § 2. 
and town tax, respectively ; and in such case the collector shall 
receive and receipt for either of such taxes separately, or for all 
together, as may be desired by the tax-payer ; and in such case also 
the state tax assessed upon poll and property, and the county tax 
assessed upon poll and property, shall each constitute an entire and 
indivisible tax. 

responsibility and compensation of ASSESSOnS. 

Sect. 94. The assessors shall not be responsible for the assess- fgB!foa°"i^on?y 

ment of a tax in a city, town, parish, religious society, fire district, for ftdeiity, etc. 

or school district, for whicli they are assessors, when such tax is ilVi.'sio. ' 

assessed by them in pursuance of a vote for that purpose, certified 1 p!''!j' ???■ ,„c 

to them by tiie clerk or other proper officer of such city, town, parish, n Met. 339. 



lU 



COLLECTION OF TAXES. 



[CHAr. 12, 



4 Gray, 42. 

3 Allen, 410. 

4 Allen, 382. 



Pay of 
a. S. 11, § 5: 
1873, 156. 
3 Met. 431. 

3 Allca, 409. 

4 Allen, 3S2. 



Deputy t.nx com 
luiasiuuer lu re. 
port an appor- 
tionment of the 
Btate tax onee ii 
three years. 
ISSl, IGS, § 1. 



to be fur- 


nishe 


(i w 


th 


room 


, cl( 


■k.s, 


etc., 


md 


witli 


etc.. 


ind 


> 


maki 


bis 


appt 


tionraem 


on Ih 


basis 


nf .s 


'jme 


18S1, 


103, 


§51, 



religiou.s society, Are district, or school district, except for the waiit 
of integrity' aud fidelity on their own part. 97 Mass. 424. 

98 Mass. 469. 99 Mass. 208. 119 Mass. 77. 125 Mass. 553. 

Sect. 95. Each assessor shall be paid by his city or town two 
dollars and fifty cents a day for every whole day that he is eniploj'ed 
in that service, with such other compensation as the city or town shall 
allow. 

APPORTIONMENT OF STATE TAX. 

Sect. 96. The deputy tax commissioner shall, before the first 
day of January in the year eighteen hundred and eighty-three, and 
before the first day of January in every third year thereafter, prepare 
and report in print to the general court, within the first week of its 
then next succeeding session, an equalization and apportionment 
upon the several cities and towns, of the number of polls, the amount 
of property, and the proportion of every one thousand dollars of 
state or county tax, including polls at one-tenth of a mill each, which 
should be assessed upon each city and town. 

Sect. 97. For the purpose of the preceding section the deputy 
tax commissioner shall be provided with suitable rooms in the state 
house, may employ such clerical assistance as shall be necessary, and 
may procure necessary stationery and other articles. He shall from 
time to time be furnished by the secretary of the commonwealth with 
the returns of assessors required by sections fifty-four and fifty-five. 
He shall cause to be prepared abstracts showing the value above real 
estate and machinery locally taxed of shares in Massachusetts 
corporations and national banks held by residents of each city and 
town and not included in the local assessment. He may require from 
state, city, and town officers such further returns and statements 
relative to the amount and value of taxable property in the several 
cities and towns as in his judgment may be necessary. He shall to 
the best of his judgment and discretion prepare said equalization and 
apportionment upon the basis of the returns and statements herein 
provided for and authorized. 



CHAPTER 12. 



OF THE COLLECTIOX OF TAXES. 



Section 

1. Collectors to collect taxes. 

2. to distribute tax-bills. Contents of same. 

3. to complete collections tbough tenn ex- 
pire. 

4. Demand to be made. 

5. "WTien credit doubtful, taxes may be col- 
lected forth-witb. 

6. Persons claiming abatement must produCc 
certificate; liable to costs. 

7. Error in name not to defeat collection. 

COLLECTION BY DISTRESS. 

8. Distress and sale for taxes, and property 
exempt from same. 

9. Distress, how long kept, bow advertised 
and sold. 

10. Sale may be onee adjourned. 

11. Seizure of shares, how made. 

12. Sale of shares seized, how made. 
IS. Surplus to be returned to owner. 



by imprisonment. 

Section 
1-i. After fourteen days, party may be impris- 

15. Copy of warrant, etc., to be left with keep- 
er of jail. 

16. Persons imprisoned for non-payment of 
taxes, how discharged. 

17. Collectors, when liable to pay, etc. 

18. may demand aid. Penalty. 

19. Persons removing from collector's precinct 
without paying. 

BY SUIT OR DISTRESS. 

20. Remedy if persons remove, etc., without 
pajing. 

21. against executors and administrators. 

22. Collection of tax upon personal property 
held as an accumulating fund for future 
benefit of heirs, etc. 



Chap. 12.] 



COLLECTION OF TAXES. 



115 



Section 

23. Remedy against persons who arc not own- 
ers of tbe real estate taxed to them. 

BY SALE OR TAKING OF BEAL ESTATE. 

24. Taxes to be lien on real estate, etc. 

25. re-assessed, to be a lien, unless, etc. 

26. Resident mortgagee of real estate, wben to 
be called upon for taxes, etc. 

27. Tnien mortgagee, or non-resident owner, 
appoints attorney, demand bow made. 

28. "WTien demand so made, collector to wait 
two months. 

29. Aflldavit of collector, etc., evidence of 
demand on attorney. 

30. Sales of real estate, how notilied and adver- 
tised. 

31. Contents of advertisement. 

32. Notices, bow posted. 

33. Advertisement and notices, when name of 
place has been changed. 

34. Affidavit of posting and publishing to be 
evidence, if recorded. 

35. Sale by auction for non-pajinent of 
taxes. 

36. Charges and fees allowed to collector. 

37. Collector may adjourn sale from day to day, 
not exceeding seven. 

38. Deed to be given to purchaser; contents 
thereof, and when to be recorded. 

39. to include special warranty ; town to re- 
fund in case of error, etc., provided pur- 
chaser shall offer to surrender, etc., within 
two years. 

40. Collector sball purchase fbr city or town if 
no other suiEcient bid is made. 

41. Wlien purchasers fail to pay and receive 
deed, sate to be void, and town, etc., to be 
deemed purchaser. 

42. Form of deed in case city or town is pur- 
chaser, and rights of same thereunder. 

43. Deeds to city or town to be in custody of 
treasurer. Regulations for sale, etc., of 
estates so conveyed, may be made, etc. 

44. Collector may also enforce tax by taking 
whole of real estate ; to give notice of in- 
tention to exercise such power. 

45. E\idence of notice. 

46. Instrument of taking, what to contain, etc. ; 
where recorded. 

47. Fees in such case. 

48. Sale or taking deemed to be in name of 
owner if tbe name of one owner appears. 
Undivided interest not to be sold or taken. 

49. Owner may redeem within two years. 
Terms of redemption. 

50. Wlien purchaser cannot be found, lands 
how redeemed. 

51. Duty of treasurer in such case. 

52. Mortgagee may pay taxes on real estate in 
certain cases. 

53. shall pay such taxes on taking possession ; 
entitled to deed on tender. 

54. entitled to receipt for sums paid collector ; 
may tack same to mortgage. 

55. Mortgage taxes unpaid may be paid by any 
person interested. Proceedings upon such 
payment. 



Section 

50. Taxes to be assessed on estates purchased 
or taken by towns, etc., and deducted from 
proceeds of tinal sale. 

57. Lauds held by city or town under sale or 
taking, redeemable by owner of any inter- 
est therein. If by mortgagee, amount paid 
to be tacked to mortgage. 

58. Proceedings when property held by city or 
town under sale or taking is not redeemed. 
Sale of same, and disposition of proceeds. 

PROCEEDINGS WHEN TAX TITLE 19 DEEMED 
INVALID. 

59. Proceedings when collector has reason to 
believe that title under sale for taxes is in- 
valid, etc. 

60. Sei-\'ice of notice to holder of such title. 

61. Tax to be re-assessed if invaUdity is caused 
by error in assessment; if otherwise, to be 
collected. 

62. Proceedings when collector has reason to 
believe title held by city or town, under sale 
or taking, invalid. 

LIEN OF CO-TENANTS. 

63. Co-tenant, paying whole tax, to have lien 
on the interest of other co-tenants for their 
proportion of tax, etc. 

64. Such lien to be dissolved, unless, etc. 

65. not valid against pre-existing recorded 
mortgage. 

MiaCELLAUEOUS PROVISIONS. 

66. Supreme judicial court to have equity 
powers in cases of sale or taking. 

67. City or town may make ordinances, etc., 
regulating election to sell or take. Other- 
wise, collector to have option. 

68. When tax-list, etc., is committed to sheriff, 
etc. 

69. Sheriff's fees for collecting. 

70. When treasurers are made collectors, how 
to proceed. 

71. City treasurers may appoint deputy col- 
lectors of taxes. 

72. Treasurers may withhold payment of 
money due to person owing taxes. 

73. Collectors to exhibit accoimts every two 
months, if required. 

74. Penalty for neglect. 

75. Collectors to be credited with abatements, 
etc. 

76. Deficiency in state or county tax, how sup- 
plied. 

77. Same, when collectors neglect to pay. 

78. Remedy for collector's neglect. 

79. If collector becomes insane, etc., selectmen 
may remove him. 

80. Tax-list of deceased collector, how com- 
pleted. Temporary collector. 

81. of collector paid by a fixed salary to be 
transferred to his successor. 

82. If collector dies, etc., list to be delivered to 
selectmen. 

83. Compensation of collectors. 

84. Taxes paid to collector when recovered 
back. 



116 



COLLECTION OF TAXES. 



[Chap. 12. 



Collectors to 
collect taxes. 
(J. S. 12, § 1. 

126 Mass. 476. 

127 Mass. 505. 

to distribute 
tax bills. Con- 
tents of same. 
1877, 235, § 1. 
See c. 11, § 74. 



to complete 
collections, 
though term ej 
pire. 



Demand to he 

made. 

a. S. 12, § 3. 

1 Met. 328. 



When credit 
doubtful, taxes 
maybe collected 
forlh\vith. 
G. S. 12, § 4. 
1874, 238. 



Pers 



i clai 



ing abatement 
must produce 
certificate; 
liable to costs. 
a. S. 12, § 6. 
9 Met. 504. 

Errors in names 
not to defeat 
collection. 

a. s. 12, § 6. 

6 Met. 474. 

7 Gray, 127. 
12 Cush. 66. 



Section 1. Every collector of taxes, constable, sheriff, or deputy- 
sheriff, receiving a tax-list and warrant from the assessors, shall pro- 
ceed to collect the taxes therein mentioned, according to the warrant. 

Sect. 2. The collectdr sliall, as soon as iiossible after receiving 
any tax-list and warrant, nitike out and distribute tax bUls, showing 
the taxes assessed upon each tax-payer ; but an omission to make or 
distribute tax bills shall not invalidate a tax or proceedings for the 
collection or enforcement of the same. In cities, the tax bills shall 
state the residence of each male tax-payer, gi\'ing the street and 
number if possible, and the tax bills of persons assessed for a poll- 
tax only shall be distributed on or before the fifteenth day of Sep- 
tember of the year in which the tax is assessed. 

.Sect. 3. The collector shall, unless removed from ollice as lierein- 
after provided, or unless his tax-list has liceii tiansffrriMl to hi.s suc- 
cessor as provided by law, complete the collect ion of taxes coiiunitted 
to him, although his term of office expires before such completion. 

1881, 138, § 2. 102 Mass. 75. 119 M.ass. 124. 

, Sect. 4. Collectors shall, before distraining the goods of a person 
for his tax, demand payment thereof from such person, either per- 
sonally or at his usual place of abode, if to be found within their 
precincts. 

Sect. 5. When the credit of a person taxed is considered doubt- 
ful by the assessors, they may, by a special warrant, order the 
collector forthwith to compel payment by distress or imprisonment, 
whether the tax is made payable immediateh', at a future day, bj' 
instalments, or otherwise. 

Sect. 6. If a person claims the benefit of an abatement, he shall 
exhibit to the collector demanding his taxes a certificate of such 
abatement from the assessors or other proper officer, as provided in 
chapter eleven ; and shall be liable to pay all costs and officers' fees 
incurred before exhibiting such certificate. 

Sect. 7. If, in the assessors' lists or in their warrant and list 
committed to the collector, there is an error in the name of a person 
taxed, the tax assessed to him may be collected of the person in- 
tended to be taxed, if he is taxable and can be identified by the 



assessors. 



97 Mass. 323. 



Distress and 
sale, and pro] 
erty exempt 
from same. 
G. S. 12, § 7. 
9 Met. 504. 
7 Gray, 133. 



DietresB, how 
long kept, how 
advertised and 

G. S. 12, § 8. 
1 Met. 328. 
13 Met. 85. 
113 Mass. 40. 
127 Mass. 502. 

Sale may be 
once adjourned. 
G. S. 12, § 9. 



COLLECTION BY DISTRESS. 

Sect. 8. If a person refuses or neglects to pay his tax, the col- 
lector 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 
corporation incorporated under authority of this commonwealth, and 

excepting the following goods : 121 Mass. 351. 126 Mass. 101. 

Tlie tools or implements necessary for his trade or occupation ; 
beasts of the plough necessary for the cultivation of his improved 
lands ; military arms ; utensils for house-keeping necessary for up- 
holding life ; and bedding and apparel necessary for himself and 
family. 

Sect. 9. The collector shall keep the goods distrained, at the 
expense of the owner, for four days at least, and shall, within 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 up a notification thereof, in some public place in 
the city or town, forty-eight hours at least before the sale. 

Sect. 10. The collector may once adjourn such sale for a time not 
exceeding three days : he shall forthwith give notice of such adjourn- 
ment by posting a notification at the place of sale. 

Sect. 1 1 . The seizure of a share or other interest in a corporation 



Chap. 12.] collection' of taxes. 117 

may be made by leaving with any officer of the corporation, with shares, how 
whom a copy of a writ may by law be left when the share of a stock- Gi'|'|'i2, s lo. 
holder is attached on mesne process, an attested copy of the warriint, 
with a certificate thereon, under the hand of the coUec'tur. setting fortli 
the tax whicli the stoclvholder is to pay, and that, ui)uu his neglect 
or refusal to pay, the collector has seized such share or interest. 

Sect. 12. The sale of such share or interest shall be made in the Saic of shares 
manner prescribed In' law for the sale of goods by collectors of taxes ^^^^^^' ''°^^ 
in lilve cases, and also subject to the provisions of sections forty-eight o-,*^- 12, § 11. 
and forty-nine of chapter one hundred and seventy-one respecting n cush. 333. 
sales on executions. 

Sect. 13. If the distress or seizure is sold for more than the tax Surplus to be 
and charges of keeping and sale, the collector shall return the surplus own™!"^ *° 
to the owner, upon demand, with an account in writing of the sale G. s. 12, § 12. 

11 " 5 Gray, 630. 

and charges. 126 Mass. loi. ■*' 

liV IMPRISONMENT. 

Sect. 14. If a person refuses or neglects for fourteen daj's after After fourteen 
demand to pay his tax. and the collector cannot find sutHcient goods be^impri'soned'.'* 
upon which it may lie levied, he may take the body of such person ^yet'^sl ^^' 
and commit him to prison, tliere to remain until he pays the tax and 9 Gray', 19b. 
charges of commitment and imprisonment, or is discharged by order "uieif's*^" 
of law. 

Sect. 15. "When the collector commits a person to prison, he shall Copy of war- 
give the keeper thereof an attested copy of the warrant, with a certifi- 1^ w^I^'ke" per 
cate thereon, under the hand of the collector, setting forth the sum of jail, 
which such person is to pay as his tax, with the cost of taking and '^■^•^^■Si*- 
committing him. and that upon his having neglected payment for 
fourteen days, or (itiicrwise, as the case may be, and for want of 
goods whereof to make distress, he has taken his body. 

Sect. 1G. AVhen a person committed to prison for the non-pay- persons impri.. 
ment of taxes desires to take the oath for relief of poor debtors, he ""ymem of° 
may represent the same to the jailer ; and the jailer shall make the t.-Ixes, how 
same known to some magistrate named in section twenty-seven of G!s!TI,°§'ii. 
chapter one hundred and sixty-two ; and the magistrate shall there- i^s^, is3, § 9. 
upon appoint a time and place for the examination of the debtor, and 
shall direct the jailer to cause the debtor to be present at the same. 
The notice required in such case to be given to the creditor maj' be 
given to either of the assessors or to the collector by whom the party 
was committed. And the assessors and collector, or any of them, 
may appear and do all things which a creditor might do in case of 
arrest on execution. And if the person so committed to prison for 
the non-payment of taxes is unable to pay the same, he shall be 
entitled to his discharge in like manner as persons committed on 
execution. 

Sect. 17. If such person is discharged, the collector shall be liable Collectors, when 
to pay the tax with the charges of imprisonment, unless he arrested Jt". " °^''^' 
and committed the party within one year after tlie tax was committed 3*Mt»^p.| ^^' 
to him to collect, or unless he is exonerated therefrom by the city, 
town, or parish to which the tax is due. 

Sect. 18. A collector, when resisted or impeded in the exercise may demand 
of his office, may require any suitable person to aid him therein ; and penalty. 
if such person refuses to render such aid, he shall forfeit a sum not **• ''^ !-■ ? ^"■ 
exceeding ten dollars. 

Sect. 19. When a person, after the assessment of a tax upon him, Persons remov- 
removes out of the precinct of the collector without paying his tax, ort^precinc't'^'^^' 
the collector may demand payment thereof wherever such person is without paying. 
found ; and in default of payment the collector may forthwith proceed 5 Aiien7.=i63. ' 
to collect the tax by making a distress, or by commitment of such 



118 



COLLECTION OF TAXES. 



[Chap. 12. 



person to the prison of the county where he is found ; or the collector 
may issue his warrant to the sheriff of the county or his deputy, or to 
any constable of the place where such person is found, direetiiig them 
to distrain the property or take the l)ody of such person, and to pro- 
ceed therein in like manner as required of collectors in like cases. 



etc., without 

paying. 

U. S. 12, § 19. 



against e.\- 
ecutore and 
administrators. 
G. S. 12, § 20. 
97 Mass. 321. 
121 Mass. 222. 



Collection of tax 
upon personal 
property, held 
as an .accumulat- 
ing fund for 
future hcneflt of 
heirs, etc. 
1878, 1S9, § 4. 

123 Mass. 3.i5. 

124 Mass. 193, 



BY SUIT OR DISTRESS. 

Sect. 20. When a person taxed removes as aforesaid, or dies, or 
neglects to pay his tax for one year after it is committed to the 
collector, or, being au unmarried woman, marries before payment of 
the tax, the collector may, in his own name, maintain an action of 
contract, or trustee process, therefor in like manner as for his own 
debt. 

Sect. 21. When a tax is assessed upon the personal estate of a 
deceased person, the collector may maintain an action of contract 
therefor in his own name, as for his own debt, against the executor 
or administrator ; and if a tax is so assessed before the appointment 
of an executor or administrator, he may enforce it against the estate 
and its representative after such appointment, in like manner as if 
the assessment had been made subsequently thereto. 

Sect. 22. Whenever personal property placed in the hands of a 
corporation or an individual as an accumulating fund for tiie future 
benefit of heirs or other persons has been duly assessed to such heirs 
or persons according to the provisions of clause six, section twenty, 
of chapter eleven, and the persons so taxed neglect to pay the tax 
for one year after it has been committed to the collector, the coUectoi- 
may, in his own name, maintain an action of contract therefor 
against said trustee, in lilve manner as for his own debt ; and the 
amount thereof paid by said trustee may be allowed in his account as 
such trustee. 

Sect. 28. When a person is taxed for real estate in his occupa- 
tion, but of which he is not the owner, the collector, after demand of 
payment, may levy the tax by distress and sale of the cattle, sheep, 
horses, swine, or other .stock or produce of such estate, belonging to 
the owner 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 proiierty of the person 
so taxed ; but such demand need not be made if the person on whom 
the tax is assessed resided within the precinct of the collector at the 
time of the assessment, and subsequentl}' removes therefrom and 
remains absent three months. 



Taxes to be lien 
on real estate, 
etc. 

G. S. 12, § 22. 
1S;S, 20ii, § 14. 
1881, 304, § 4. 
7 I'iclc. 1.5. 
2 Gray, 18). 
99 M.ass. 31. 
1015 Mass. 29. 

119 Mass. 295. 

120 Mass. 299. 
124 Mass. 343. 



Resident mort- 



BY SALE OR T.VKINO OF REAL ESTATE. 

Sect. 24. Taxes assessed on real estate, including taxes assessed 
under sections fourteen, fifteen, and sixteen of chapter eleven, shall 
constitute a lien thereon for two years after they are committed to 
the collector ; and may with all incidental costs and expenses be 
levied by sale thereof, if the tax is not paid within fourteen days 
after a demand of payment made either 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 prior to the giving of the notice of such sale. 

Sect. 25. Taxes re-assessed on real estate shall constitute a lien 
thereon from the time they are committed to the collector, unless the 
estate has been alienated between the first and second assessments ; 
and may be levied as provided in the preceding section. 

■Sect. 26. If a mortgagee of real estate, situated in the place of 



Chap. 12.] collection of taxes. 119 

his residence, previously to the assessment of a tax, gives written gawe of real 

notice to the clerk of such place that he holds a mortgage thereon, be cSied upoa 

with a description of the estate, the collector before proceeding to {?'' ^^^/'/oi 
sell it for non-payment of taxes shall demand payment of said taxes 
of the mortgagee, as provided in section twenty-four. 

Sect. 27. If a mortgagee or non-resident owner of real estate, whenmort- 

previously to the assessment of a tax, gives a written authority to fes^dent owner 

some inhabitant of the place as his attorney, to pay the taxes imposed appoints attor- 

on such estate, and the authority is filed with, or recorded by, the how mad™ 

clerk of the place, the demand of payment shall be made upon such *^- S- 12, § 25. 
attorney liefore the estate is sold ; otherwise, no demand need be 
made of payment of taxes assessed on the real estate of non-resident 
owners. 

Sect. 28. When a dem.and is made upon the attorney under the "wien bo made, 

preceding section, the collector shall not advertise the sale of the fwo'^months.^*" 

lands until two months from the time of such demand. a- s. 12, § 26. 

Sect. 29. The affidavit of a disinterested person, or the collector. Affidavit of 

who makes a sale of land for the payment of taxes, taken before a evidence' 0*/°'' 

justice of the peace and recorded by the clerk of the place where the demand on 

land lies, before a sale is made, and stating the demand of payment g.°™12,§27. 
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. 30. The collector shall give notice of the time and place of Sales of real 

sale of real estate for payment of taxes, by an advertisement thereof aJyertised^ 

three weeks successively in some newspaper published in the city or o.s. 12, § 28. 

town where the premises to be sold for taxes are situated, if there is is'uVay, 77. 

such newspaper, and, if not, then in a newspaper printed in the county J^* jJ"'*^' S^ 
where the real estate lies ; the last pulilication to be at least one week 
before the time of sale. 

Sect. 31. The advertisement shall contain a substantially accurate Contents of 

description of the several rights, lots, or divisions of the estate to be g. s. 12, §29. 

sold, the amount of the tax assessed on each, the names of all owners i J^i"*- ;^^ 

1 11 11. • 7 Lush. 503. 

known to the collector, and the taxes assessed on their respective 124 Mass. 66. 
lands. 

Sect. 32. The collector shall, three weeks before the sale, post a Notices, how- 
notice similar to that required by the two preceding sections in some {'"''y'"5[2 § 30 
convenient and public place in his precinct, and a like notice on the 126 Mass. 280. 
premises by him advertised to be sold, if any part thereof is bounded 
by a street, lane, court, or highway. 

Sect. 33. When real estate to be sold under the provisions of this AVhennameof 

chapter is situated in a place the name of which has been changed by p^"''* Jjj" ''°'*" 

law within three j'ears next preceding the sale, the collector shall in G. s.12, §31. 
his advertisement and notices of the sale designate such place by its 
former and present name. 

Sect. 34. The affidavit of a disinterested person, taken liefore a Affidavit of 

justice of the peace, of the posting and publishing of notifications KSng'^o 

of the sale of real estate by a collector or other olficer for payment of ]>e evidence, 

taxes, made upon one of the original advertisements, or upon a copy g."s!'i2,V32. 
thereof, and filed and recorded within six months after the sale, in 
the registry of deeds of the county or district where the land lies, 
shall he competent evidence of such notice. 

Sect. 35. If the taxes are not paid, the collector shall, at the time saie by auction 

and place appointed for the sale, sell by public auction so much of oTiaS''* "''''' 

the real estate, or the rents and profits of the whole estate for such G. s. 12, § 33. 

term of time, as shall be sufficient to discharge the taxes and neces- s^^^iielJl'sss. 

sary intervening charges ; or he may at his option sell the whole or 12^ ^ij^^- ^^ 

any part of the land ; and after satisfying the taxes and charges, he 127 m.'iss! 39. ' 
shall upon demand pay the residue of the proceeds of the sale, if any, 
to the ow-ner of the estate. 



120 



COLLECTION OF TAXES. 



[Chap. 12. 



Cbiii-ges anil 
fees allowi'd 
to collectors. 
1862, 183, § 10. 
1878, 266, § 13. 



Collector may 
adjourn Bale 
from day to 
day, etc. 
G. S. 12, § 34. 
112 Mass. 635. 

Deed to be given 
to purchaser; 
contents thereof, 
and when to be 
recorded. 
G. e. 12, § 35. 
2 Gray, 185. 
6 Allen, 576. 
118 Mass. 540. 

126 Mass. 278. 

127 Mass. 39. 



Collector's deed 
to include spe- 
cial warranty ; 
town, etc., to 
refund in case 



of < 



, etc. 



provided, pur- 
chaser shall oiler 
to surrender, 
etc., within two 
years. 

1862, 183, § 6. 
1878, 266, § 1. 
10 Allen, 49. 



Collector shall 
purchase for city 
or town if no 
other sutiieient 
bid 18 made. 
1862, 183, §§1,6. 
112 Mass. 636. 



Sect. 3C. The following charges and fees, and no other, shall be 
allowed to the collector, and sliall be added to the amount of the tax, 
as provided in the prt'cednig section : — 

For making a wi'ittfii tUMiiaiul, twenty cents. 

For preparing advertisement, lifty cents. 

For advertisement in newspaper, the actual cost of the same. 

For posting up notices in one or more public places, twenty 
cents. 

For posting up notices on each piece of real estate, twenty cents. 

For copy of notice, and the publication thereof, and obtaining 
affidavit of disinterested person, fifty cents. 

For recording affidavit at registry of deeds, the fees of the register. 

For preparing deed, two dollars. 

And in the event that any delinquent tax-payer offers to pay the 
tax before the day of sale or taking, such charges shall be added to 
the tax as have intervened at the time of said offer to pay. 

Sect. 37. 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 
place previously appointed for the sale. 

Sect. 38. The collector shall execute and deliver to the pnrchaser 
a deed of the real estate or rents and profits sold ; which deed shall 
state the cause of sale, the price for which the estate or rents and 
profits were sold, the name of the person on whom the demand for 
the tax was made, the places in the city or town where the notices 
were posted, the newspaper in which the advertisement of the sale 
was published, and the place of residence of the grantee ; and, if the 
real estate has been sold, shall convey, subject to the right of redemp- 
tion provided for in section forty-nine, all the right and interest which 
the owner had therein at the time when the same was taken for his 
taxes. Such deed, to be valid, shall be recorded within thirty days 
from the day of sale. 

Sect. 39. Such deed shall also contain a special warranty that the 
sale has in all particulars been conducted according to the provisions 
of law ; and, if it should subsequently appear that by reason of any 
error, omission, or informalitj' in any of the proceedings of assess- 
ment or sale, the purchaser has no claim upon the property sold, 
there shall be paid to said purchaser, upon his surrender and discharge 
of the deed so given, by the city or town whose collector executed 
said deed, the amount paid by such purchaser, together with interest 
on the same at the rate of ten per cent per annum, which payment 
shall be in full satisfaction of all claims for damages for any defects 
in the proceedings : provided, the said purchaser, within two years from 
the date of such deed, offers in writing to surrender and discharge the 
same, or to assign and transfer to the city or town all his right, title, 
and interest therein, as the collector thereof shall elect. 

>Sect. 40. If at the time and place of sale no person appears and 
bids for the estate, or for the rents and profits thereof, or for the 
whole or any part of the land, an amount equal to the tax and charges, 
and if the sale has been adjourned from day to day, as provided in 
section thirty-seven, a public declaration of the fact shall then and 
there be made by the collector ; immediately after which, if no bid 
equal to the tax and charges is then made, the collector shall give 
public notice that he shall, and that he then and there does, purchase, 
on behalf of the city or town by which the tax is assessed, the said 
estate in one of the forms set forth in section thirty-five ; but no 
sum exceeding the amount of the tax and the incidental costs and 
expenses of levy and sale shall be offered by him therefor ; and the 
same shall l^e allowed him in his settlement with such city or town. 



Chap. 12.] collection of taxes. 121 

Sect. 41. If after the sale of real estate for the payment of taxes When punhas. 

a purchaser thereof fails to pay the collector within ten days the sum fauTopay'^and 

offered by him and to receive his deed, the sale shall be null and void, ^^fi^'j^,",^;,' 'j., ,, 

and the city or town shall be deemed to be the purchaser of the estate, sale to be v./ia, ' 

according to the provisions of the preceding section. 126 jiass. 278. deemed p'm-'"" 

Sect. 42. When the city or town Ijecomes the purchaser, the deed chaser, 
to be given by the collector shall, in addition to the statements re- "^ -'i^, §§3,5. 
(luired by section thirty-eight, set forth the fact of the non-appear- ?°™J''i'?j.OT 
nnce of a purchaser at the sale advertised by him, or of the preceding town is pur- 
sale and the failure of the purchaser to pay the sum offered, as the rJjjhSursame 
ease may be, and shall confer upon such city or town the same rights tbereumkr. 

11 .1..11. 1 1 11 1 • lSli2, 1S3, § 2. 

as belong to an individual to whom such a deed may be given. eAUen, o-e. 

Sect. 43. Deeds to a city or town shall be placed in the custody 

of its treasurer, to whom all applications for the redemption of the ^^'Sjj ^Jigf^jy ' 

estate so sold shall be made. And the several cities and towns may, of treasurers, 

as holders of such deeds, exercise the same rights and perform the 6l^ie7l'tc.°?f'es. 

same duties as any individual purchaser of real estate taken for taxes, *^'';'"'° '^'";- 

and may make regulations for the custody, management, and sale of mide by towns, 

such estates, and for the assionment of the tax titles thus obtained, '[% ,„„ j,., , 
not inconsistent with law or with the right to redeem the same. 

Sect. 44. In addition to the power to enforce the lien for a tax or Collector may 

assessment on real estate, including taxes assessed under sections by°aking'w-hoff 

fourteen, fifteen, and sixteen of chapter eleven, with all incidental of real estate ; 

costs and expenses by sale thereof, the collector shall have power to of intention t 



take for the city or town the whole of the real estate taxed or assessed, po"^).*" ^^'^^ 
if the tax or assessment is not paid within fourteen days after a isTS, 266, § 5. 
demand of paj'ment made as required by sections twenty-four, twenty- ' , ' 
.six, and twent3'-seven, and remains unpaid at the date of such taking. 
The collector shall give three weeks' notice of his intention to exer- 
cise such power of taking ; which notice may be served either in the 
manner prescribed Ijy law for the service of summonses for witnesses 
in civil cases, or liy advertisement thereof in the manner required by 
section thirty, and shall contain the particulars required by section 
thirty-one. He may also post a similar notice in accordance with the 
provisions of section thirty-two. 

Sect. 45. The affidavit of the collector, or of a disinterested E\-idenceof 
person, taken before a justice of the peace, of the service of the "sTsJose, § 6. 
demand of payment, and of the notice herein pro\ided, made upon 
a copy thereof, and tiled and recorded in the registry of deeds of the 
county or district where the land lies, shall be competent evidence of 
such demand or notice. But the demand of payment may be made, 
and the evidence thereof perpetuated, in the manner provided by 
section twenty-nine. 

Sect. 46. Said affidavits shall be annexed to the instrument of instrument of 
taking, which shall be under the hand and seal of the collector, and J^ cont'aija''etc. ; 
shall contain a statement of the cause of taking, a substantially J878''%'5°?5'^''''^ 
accurate description of each parcel of land taken, the name of the 
person to whom the same was assessed, and the amount of the tax 
thereon and of the incidental costs and expenses to the date of 
taking, and shall be filed and recorded in the registry of, deeds of the 
county or district where the land lies ; and the title to the lands so 
taken shall thereupon vest in the city or town, subject to the right 
of redemption given by section forty-nine. 

Sect. 47. Whenever the collector exercises the power of taking Foes in such 
above provided, there shall be allowed to him, and added to the JsTsi 266, § is. 
amount of the tax, the same charges and fees as are fixed for similar 
proceedings by section thirty-six ; and when service of the demand 
of payment and notice of intention to take is made in the manner 
prescribed by law for the service of summonses for witnesses in civil 



122 



COLLECTION OF TAXES. 



[ClIAP. 12. 



Sale or taking 
deemed to be in 
name of owner 
if the name of 
one owner ap- 
pears. Undivid- 
ed interest not 
to be sold or 
taken. 
1881, 304, § 4. 



Owner may 
redeem witliiu 
two years. 
Terms of 
redemption- 
ii. S. 12, § 36. 
1878, 266, §§ 9, 



120 Mass. 278, 



Lands, how 
redeemed when 
purchaser can- 
not be found. 
G. S. 12, § 37. 



Duty of treas- 
urer in such 
case. 



cases, there shall be allowed therefor, and added as above mentioned, 
fifty cents, together with the fees of officers for travel fixed by chapter 
one hundred and ninety-nine. 

Sect. 48. Every sale or taking of real estate for payment of taxes 
shall be deemed to be in the name of the owner or owners thereof, 
if the proceedings of assessment, sale, or taking are made in the 
name of one or more of the persons who appear as record owners of 
such estate at the date of assessment ; but any taking of real estate 
for payment of taxes shall be of the whole estate, and no sale or tak- 
ing shall be of the undivided interest of any one or more of the joint 
owners thereof. 

Sect. 49. The owner of real estate taken or sold for payment of 
taxes, including those assessed under sections fourteen, fifteen, and 
.sixteen of chapter eleven, or his heirs or assigns, may within two 
years from the day of taking or sale redeem the estates taken or sold 
by paying or tendering to the collector, wlien he exercises the power 
of taking, the amount of the tax for which said property was taken, 
with the charges and fees allowed to him, and all intervening taxes ; 
or to the purchaser, his heirs or assigns, the original sum and inter- 
vening taxes paid by him ; and in each case with ten per cent interest, 
the cost of recording the tax deed or evidence of taking, and a sum 
not exceeding three dollars for examination of title, a deed of con- 
veyance or release, and for all other necessary intervening charges ; 
and when the rents and profits are sold for payment of taxes, the 
same may be redeemed at any time within two years in the manner 
provided for the redemption of rents and profits taken on execution. 
And in the following cases real estate so taken or sold may be 
redeemed, by any person having such title thereto that he might have 
recovered the same if no such taking or sale had been made, at any 
time 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 
occupant of the premises, they being taxed as belonging to persons 
unknown. 

Second, When the person who is named in said list is merely a 
tenant or occupant of the premises, and not the rightful owner 
thereof. 

Third, When there is any error in the name of the person in- 
tended to be taxed. 

Fourth, When the person offering to redeem is a mortgagee of 
record. 

But no person shall have a right to redeem land held by a city or 
town under a sale or taking for payment of a tax or assessment, 
unless he pays or tenders to the collector thereof all sums due the 
city or town in respect of said land by reason of all such sales or 
takings thereof, and of all subsequent taxes or assessments thereon 
due and unpaid, with all interest and incidental costs and expenses. 

Sect. 50. If upon reasonable search the purchaser of real estate 
sold for payment of taxes cannot be found in the place of which he 
is described in the collector's deed as resident, the owner of the 
estate may redeem it as provided in the preceding section, on paying 
to the treasurer of the place in which it is situated the amount which 
he would be required to pay to the purchaser ; and the affidavit of any 
disinterested person of the making such search, taken before a justice 
of the peace and filed in the registry of deeds for the district or 
county in which the land is situated, within ninety days from the 
completion of the search, shall be competent evidence of the facts 
therein stated. 

Sect. 51. Such treasurer shall receive the money and give to the 
person paying it a certificate of such payment, specifying the estate 



Chap. 12.] collection of taxes. 123 

ou which the tax was original!}' assessed. The certificate may be o. s. 12, § 38. 

recorded in tlie registry of deeds, with a note of reference from such 

record to tlie collector's deed ; and, when so recorded, shall have the 

effect to release and discharge all right and title acquired under the 

collector's deed. The treasurer shall hold all money so received by 

liim for the use and liencfit of the persons entitled thereto, and shall 

pay it over on reasonalile demand. 

Sect. 52. After proceedings have been commenced for the taking Mortgagee may 
or sale of real estate for a tax assessed thereon, and before the taking ^state'irc^rtalu 
or sale is made, the holder of any mortgage thereon may pay such cases. ^ 
tax with all intervening charges and expenses ; and when the owner igVs, 266, § li. 
of real estate has neglected, for three months after demand, to pay 
such a tax, and the collector has made demand therefor upon a holder 
of a mortgage thereon, such holder may in like manner pay such tax, 
charges, and expenses. 

Sect. 53. The holder of a mortgage, upon taking possession of real shall pay such 
estate thereunder, shall be liable to pay all taxes due thereon and the ],"s(.g""o'n ■''"n- 
expenses of any taking or sale for taxes that has been commenced or titud to deed 
has taken place ; to be recovered of him in an action of contract by g° s."i2?§ 40. 
the collector, or, when a sale has taken place, by the purchaser; and Jgig' Ys^gf ^■'' 
ujiou payment or tender by the mortgagee to the collector or the pur- 5 Alien,' 65.' 
chaser of the same sums and within the same time as provided in 
section forty-nine for owners of real estate to make tender, the city 
or town or such purchaser shall execute and deliver to him a valid 
deed of assignment of all interest acquired by virtue of the taking 
or sale. 

Sect. 54. For all sums paid to a collector by the holder of a mort- entitled to re- 
gage under either of the two preceding sections, the collector shall paWcoiiecioi'; 
up(jn demand give him a receipt therefor, duly acknowledged ; and "lay tack same 
such sums shall be added to and constitute part of the principal sum a. s. 12, § 41. 
of the mortgage ; and the mortgage shall not be redeemed, without 
the consent in writing of the holder, until such sums and interest 
thereon are paid ; and such receipt recorded within thirty daj's from 
its date, in tlie registry of deeds for the count}' or district where the 
land lies, shall be notice to all persons of the payment of such sums 
and of the lien upon the estate therefor. 

Sect. 55. If any part of a tax duly assessed upon real estate Mortaage taxes 
under the provisions of sections fourteen, fifteen, and sixteen of ehai)- pllJ'nfy'auy per 
ter eleven I'emains unpaid on the first day of January next after the «on inierested. 
same has been assessed, either party may pay the same ; and, if it is nixin sud/pay- 
l^aid by a mortgagee, he may take from the collector such a certificate j'ggj'a^ ^ 3 
as is mentioned in section fifty-one, to be recorded as therein provided, 
with a note of reference from such record to the mortgage deed : and 
such sums so paid for taxes other than those assessed to himself, with 
costs and interest, shall be added to and constitute a part of the 
principal sum of his mortgage ; and the recording of such certificate 
within thirty days from its date shall be notice to all persons of the 
payment of such sums and of the lien therefor upon the estate. When 
taxes so assessed to a mortgagee have been paid by the mortgagor or 
liy a person claiming under him, either to the collector or to a mort- 
gagee who has paid the same as provided in this section, the person 
so paying may deduct the sum so paid, with the costs and interest 
thereon, from the amount due to the mortgagee to whom said taxes 
were assessed, unless the parties have otherwise agreed in writing. 
A person whose tax is so paid by another shall have the same right to 
recover it from the city or town, if illegally assessed, which he would 
have had if the tax had been paid under a protest by him in writing. 

Sect. 5(3. If an estate is purchased or taken by a city or town. Taxes to be 

J. 1,11 1 assessed oo es- 

according to the provisions of this chapter, taxes shall be assessed tates purchased 



124 



COLLECTION OF TAXES. 



[Chap. 12. 



or taken by 

towns, etc., and 

deducted from 

proceeds of final 

Bale. 

1862, 183, § 8. 

1878, 266, § 10. 

Land held tty 
city or town 
under sale may 
be redeemed by 
owner of any 
interei^t tberein. 
Ifbymortaaaee, 
amount paid to 
be tacked to 
mortgage. 
1878, 266, § 15. 



Proceedinlfs 
when property 
held by city or 
town imder a 
sale or takini? 
for taxes i 
redeemed. r>: 
of same, and 
disposition of 
proceeds. 



not 



1862, 183, § 7. 
1878, 266, § 10. 



upon the same in the same manner as though the same were not so 
purchased or taken ; and said taxes shall be deducted from the pro- 
ceeds of the final sale, as provided in section fifty-eight. 

Sect. 57. The owner of any interest in real estate purchased and 
held by a city or town for payment of taxes may, if he has a right 
to redeem the same, pay to the treasurer of the city or town all sums 
required by law for the redemption of such estate ; in which case the 
tivasuicr shall give to him a like certificate as that mentioned in 
section fifty-one ; and the certificate may be recorded in the manner, 
and with like effect, as that described in said section. If the person 
so redeeming be the holder of a mortgage, the sums so paid by him 
shall be added to, and constitute a part of, the principal sum of the 
mortgage ; and the mortgage shall not be redeemed until such sums, 
and interest thereon, are paid ; and, in such casu. the recordiug of 
said certificate in the registry of deeds in the tlistrict or county where 
the land lies, within thirty days from its date, shall be notice to all 
persons of the payment of such sums and of the lien upon the estate 
therefor. 

Sect. 58. If no person lawfully entitled redeems, within the time 
prescribed by law, real estate purchased or taken for and held by a 
city or town under the provisions of this chapter, the city or town 
shall forthwith proceed to sell the same at public auction, after having 
given the same notice re(|uired in section thirtj-, and shall execute 
and deliver to the highest bidder tlieicfor a quit-claim deed. From 
the money arising from said sale shall be deducted the expenses of 
making the sale, together with the amount named in the collector's 
deed or instrument of taking a.s the sum clue when the same was 
executed, and all interest and charges thereon fixed by law, and also 
all subsequent taxes and assessments, with all interest and charges 
due in respect thereof ; and the balance, if any, shall be deposited 
in the city or town treasury, and shall be paid to the party legally 
entitled to the estate if it had not been sold for taxes, if such balance 
is called for within five years ; and if not demanded within that time, 
the same shall inure to the benefit of said city or town. 



taxes 

etc. 

1878, 266, § 2. 



PROCEEDINGS WHEN TAX TITLE IS DEEMED INVALID. 

Sect. 59. When a collector of taxes has reasonable cause to 
believe that the title created by a deed given in consequence of 
believe that title .^ g^le for payment of taxes, or of an assessment, alien for which 

under sale for i ./ ' ^ 

is enforceable by sale of real estate, is invalid by reason of an error, 
omission, or informality in the assessment or sale, he may, within 
two years from the date of said deed, give notice to the person who 
appears, by the records in the registry of deeds of the county or 
district wherein the estate lies, to be the holder of such title, requiring 
him within thirty days to surrender and discharge the deed so given, 
and to receive from the city or town the sum due therefor, with 
interest as provided by law, or to file with the collector a written 
statement that he refuses to make such surrender or discharge ; and 
such statement shall be deemed an absolute release of the city or 
town from any liability whatever upon the warranty contained in said 
deed. 

Sect. 60. The notice required by the preceding section shall be 
served in the manner prescribed by law for the service of summonses 
for witnesses in civil eases ; but in case the holder has no place of 
abode in the city or town, or cannot be there found, it shall be served 
by mail or by publication one week in some newspaper published in 
the county wherein the city or town lies ; or, if there be none such, 
in some newspaper published in an adjacent county. If the holder 



Service of notice 

to holder of such 

title. 

1878, 266, § 3. 



Ch^U=. 12.] COLLECTION OF TAXES. 125 

fails to comply with such notice, the collector shall, upon the expira- 
tion of thirty clays from the service thereof, cause a copy of the 
notice, with an alfidavit by himself or a disinterested person of the 
service thereof, taken before a justice of the peace, to be tiled and 
recorded in the registry of deeds of the county or district wherein 
the city or town lies. A note of reference to the record of said copy 
shall be made on the margin of the record of the collector's deed 
therein referred to ; and from the time of such record the interest 
payable by law in respect of such deed shall cease, and said copy 
when so recorded shall have the effect to release and discharge all 
right and title acquired under such deed. The collector shall notify 
the treasurer of the city or town, who shall appropriate out of any 
funds in his hands the amount due in respect of said deed for the 
use and benefit of the persons entitled thereto, and shall pay it over 
on reasonable demand. 

Sect. 61. If the invalidity of a deed so recalled by the collector Tax to be re- 
arose by reason of any error, omission, or informality in the assess- fmaifdityis 
ment, the collector, after obtaiuinaf a surrender and discharge of the paused by error 

, -,\ 1,11 . •! 'ii .1 1 , in asseesment ; 

deed from the holder, or causmg a copy ot the notice to be hied and if otherwise, to 
recorded as provided in the preceding section, shall forthwith notify isv^aeeln. 
the board by which the tax or assessment n-as laid, who shall 
immediately re-assess the same, as provided bj' section seventy-nine 
of chapter eleven. If such invalidity arose by reason of an error, 
omission, or informality in the proceedings of the collector, he shall, 
after obtaining a surrender and discharge of the deed, or causing a 
copy of the notice to be filed and recorded as aforesaid, forthwith 
collect the unpaid tax or assessment referred to in such deed by 
proceediilgs in conformity to law. 

Sect. 62. When the collector has reasonable cause to believe Proceedings 
that a tax title, held by a city or town under a sale or taking for beifeler tax title 
payment of a tax or assessment, is invalid by reason of any error, {"g^n^ J„*ijg^ "ai.. 
omission, or informality in the assessment, sale, or taking, he may or taking, in. 
release, disclaim, and annul such title by an instrument under his islsl'aee, § 7. 
hand and seal, duly filed and recorded in the registry of deeds of the 
county or district where the land lies. If the invalidity of such 
title arose by reason of an error, omission, or informality in the 
assessment, he shall forthwith notify the board by which the tax or 
assessment was laid, who shall inlmediately re-assess the same, as 
provided by section seventy-nine of chapter eleven. 

LIEN OF CO-TENANTS. 

Sect. 63. Any co-tenant, who pays the whole amount of tax co-tenant pay. 

-, ,-,,,,,,. 1 ii ini; whole tiix to 

assessed upon land held by him and one or more other persons as ^ave lien on the 
joint tenants or as tenants in common, shall have a lien upon the 'jJ}fJ",f^o°p*„tg 
interest of each of his co-tenants in the land, to secure the payment for their propor- 
to him of the proportion of such tax due and payable by each of i8°7° "og^^" i""' 
said co-tenants respectively, together with the costs for enforcing the 
same : x^i'ovkled, that any person whose tax has been so paid by his 
co-tenant shall have the same rights in regard to recovering back 
taxes illegally assessed that he would have had if the tax had been 
paid under a protest by him in writing. 

Sect. 64. Such lien may be enforced in the manner provided for Suehiientobe 
enforcing liens on buildings and lands ; and shall be dissolved, unless uni'e68^,'et'c. 
the person desiring to avail himself thereof files in the registry of 1875, 236, §§ 2, fc. 
deeds for the county or district in which the. lauds are situated, 
within thirty days from the day of payment of said tax. a certificate 
setting forth a description, sufficiently accurate for identification, of 
the property intended to be covered by the lien, the names of the 



126 



COLLECTION OF TAXES. 



[Chap. 12. 



Such lien not 
valid against 
pre-existing re- 
corded raort- 
£rage. 
1S75, 236, §§ 3, 



Supreme judi- 
cial court to have 
equity powers. 
G. S.'l-i, §42. 
1878, 266, § 14. 
10 Met. 101. 
City or town 
may make ordi- 
nance, etc., reg- 
ulating election 
to sell or take. 
Otherwise, col- 
lector to have 
option. 

1878, 266, § 6. 

1879, 169. 



When tax-list, 
etc., is com- 
mitted to 
.sheriti", etc. 
G. S. 12, § 43. 



Sheriff's fees for 
collecting. 
G. S. 12, § 44. 



■When treas- 
urers are made 
collectors, how 
to proceed. 
G. S. 12, § 45. 
8 Allen, 330. 



City treasurers 
may appoint 
deputy collect- 
ors of taxes. 
1874, 28, § 1. 



Treasurers mai 
withhold pay- 
meu,t of mouey 
due to person 
owing taxes. 
1878, 266, § 8. 



several co-tenanst and the interest of each therein, the amount ol 
tax paid, and the amount due from each co-tenant, which certificate 
shall be subscribed and s^orn to by the person claiming the lien or 
by some one in his behalf, and shall be recorded in a book to lie 
kept for the purpose by the register of deeds in each county or dis- 
trict, who shall be entitled to the same fees therefor as for recording 
mortgages of equal length. 

Sect. 65. Such lien shall not be of force against any mortgage 
actually existing and duly recorded prior to tlie recording of said 
certificate ; and unless a suit for enforcing it is commenced within 
ninety days from the date of filing said certificate, the lien shall be 
dissolved. 

MISCELLANEOUS PHOVISIONS. 

Sect. 66. In all cases of taking or 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 j'ears from the 

taking or sale. ll Gray, 410. 98 Mass. 44. 

Sect. 67. Every city by ordinance, and every town by by-law, 
may direct which power its collector shall exercise to enforce the lien 
for taxes or assessments laid on real estate, that of sale or of taking ; 
and in the absence of any such ordinance or by-law the collector 
may exercise either power at his discretion : and every city and town 
maj' in like mauuer provide regulations under which its collector 
shall exercise the powers given by sections fifty-nine and sixty-two ; 
but the passage of any such ordinance or by-law shall not render 
invalid any proceedings commenced before the passage of tlie same. 

Sect. 68. When the tax-list and warrant of the 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 copy of said 
list and warrant ; and shall make no distress for a tax, till after 
thirty days from the time of such posting. 

Sect. 69. If a person 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. 70. "When the city council of a city or the inhabitants of a 
town vote to appoint their treasurer a collector, he may issue his 
warrants to the sheriff of tlie county, or his deputy, or to any of the 
constables 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 collectors. 

Sect. 71. City treasurers may as collectors of taxes appoint, 
subject to the approval of the board of aldermen, such deputy col- 
lectors of taxes as they may from time to time deem expedient, who 
shall give bonds for the faithful discharge of their duties, in such 
sums as the lioard of aldermen may from time to time prescribe ; 
and such deputies shall lia\e the same jwwers as collectors of taxes 
in towns. 

Sect. 72. The treasurer or other disbursing officer of any city or 
town may, and if so requested by the collector of tliat place shall, 
withhold payment of' any moneys that may be made jiayable from the 
treasury of that place to any person whose taxes, assessed in that 
place, are then due, and wholly or partly unpaid : provided, that no 
greater sum shall be thus withheld than is necessary to pay the 



Chap. 12.] collection of taxes. 127 

amount of tax then due as aforesaid, with interest and costs. The 
sum withheld shall be payable to the collector, who shall, if required, 
give a written receipt therefor. The person taxed may, in such case, 
have the same remedy as if he had paid such tax after a levy upon 
liis goods. The collector's right as established by this section shall 
be ^alid against anj' trustee process not commenced, or any assign- 
ment not recorded, prior to the seventeenth day of May in the year 
eighteen hundred and seventy-eight. 

Sect. 73. Every collector shall once in two months, if required. Collectors to 
exhibit to the mayor and aldermen or selectmen, and, where there are ovo,'y'Jwr°""'* 
no such officers,' to the assessors, a true account of all moneys ro- months, if 
ceived on the taxes committed to him, and shall produce the treas- g''s!'i2,'§ 40. 
urer's receipts for all money paid into the treasury by him. 

Sect. 74. If a collector neglects so to exhibit his accounts, he Penalty for 
shall forfeit two and a half per cent on the sums committed to him g.*s!'i2, § 47. 
for collection. 

Sect. 75. The collector shall be credited with all sums abated Collectors to be 
according to law ; with the amount of taxes assessed upon any per- ata'tLmems"'etc 
son committed to prison within one year from the receipt of the tax- 6. s. 12, § 48. 
list by the collector, and before paying his tax ; with any sums which 9 Met. 503? "" 
the city or town may see tit to abate to him, due from persons com- i3«ray, 324. 
mitted after the expiration of a year ; and with the amount of the 
taxes and charges in case of lauds purchased or taken by the city or 
town for paj'meut of taxes. 

Sect. 76. If the collector fails to collect a tax without his own Deficiency in 
default, and there is a deficiency of the amount due on a state or tax*\ow sup'/ 
county tax, such deficiency shall be supplied by him from the pro- pUed- 
ceeds 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. 77. If a collector of taxes neglects to pay, within the time Same, when coi- 
required by law, such sums of money as ought liy iiim to be paid to |o'^p°y. °^^'''"^' 
the state or county treasurer, the city or town by which such collector O- s. 12, § 50. 
was appointed shall be liable for such sums, to be recovered in an 
action of contract by such state or county treasurer respectively. 

Sect. 78. If a collector neglects seasonably to pay a state or Eemedy for coi- 
coinity tax committed to him, whereby the city or town is compelled ijfg.'^iijl'l^o'"'' 
to pa}' the same, or neglects seasonalily to account for and pay in a 
city or town 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 giveu. 

Sect. 79. If a collector becomes insane, or in the judgment of if collector 
the selectmen otherwise unable to discharge his duty, or absconds, efc.tTeieetmeu'^' 
removes, or in the judgment of the selectmen is about to remove, may remove 
from the place, or if he refuses on demand to exhibit to the mayor g. s. 12, § 62. 
and aldermen, selectmen, or assessors, his accounts of collectious ' Gr-iy. 13". 
as herein provided, the selectmen may remove him from office and 
appoint another collector as in case of the death of the collector. 

Sect. 80. If a collector dies before completing the collection of a Tax-iist ofde. 
tax committed to him, the selectmen may appoint some suitable per- how'^compie^ed!' 
son to complete the collection, who shall receive a reasonable com- Temporary 
pensation. to be paid bj' the town, and they may commit the same g. s. 12,'§ 53. 
tax-list to hhn, with their warrant, accordingly; and when a tempo- 4Gj^yf253. 
lary collector is appointed by the selectmen, the assessors shall com- 
mit the tax-list to him with their warrant, and he shall have the same 
l)owers and be subject to the same duties and liabilities as other col- 
lectors. 

Sect. 81. The tax-list of a collector who is paid by a fixed salary of collector 



128 



TAXATION OF CORPORATIOXS. 



[Chap. 13. 



paid by a fixed 
salary to be 
transferred to 
bis successor. 
1881, 138, § 1. 

If collector dies 
etc., list to be 
delivered to 
selectmen. 
G. S. 12, § 54. 
1 Met. 525. 
Compensation 
of collectors. 
G. S. 12, § 55. 
1880, 60. 



Taxes paid to 
collector, when 
recovered back. 
G. S. 12, § 56. 

9 Gray, 38. 
13 Gray, 476. 
1 Allen, 319. 

10 Allen, 48. 
102 Mass. 348. 

126 Mass. 98. 

127 Mass. 502. 



may, upon the expiration of his term of office, be committed to his 
successor, as in the case of the death of a collector, subject to all the 
provisions of law relating to the transfer of a tax-list in case of the 
death of a collector, as far as applicable thereto. 

Sect. 82, In case of the death or removal from office of a col- 
lector, his executors or administrators, and all other persons into 
whose hands any of his unsettled tax-lists ma}^ come, shall forthwith 
deliver the same to the selectmen. 124 Mass. 342. 

Sect. 83, Collectors shall be paid such compensation for their 
services as their cities or towns shall determine. In towns they shall 
be elected by ballot, and their compensation shall be tixed by the 
towns at the annual meeting, or at a special meeting called for that 
purpose. 

Sect. 84. No tax paid to a collector shall be recovered back, un- 
less it appears that it was paid after an arrest of the person paying 
it, a levy upon his goods, a notice of sale of his real estate, or a pro- 
test by him in writing ; and the damages awarded in a suit or process 
based upon 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 plaintiff was liable to be taxed. And no sale, 
contract, or levy shall be avoided by reason of any such error or 
iiTegularity. 



CHAPTER 13. 



OF THE TAXATION OF CORPORATIONS. 



tax commissioner. 
Section 

1. Powers of tbe treasurer of tbe common- 
wealth as tax commissioner. May appoint 
a deputy, wbo shall also be commissioner 
of corporations; also necessary clerks. 
Salary of deputy. 

2. Clerks in the office of deputy. Their sala- 
ries, etc. 

3. Tax commissioner to forward to assessors 
lists of all corporations taxable, etc. 

4. Corporations holding bonds or stock as 
collateral, to make returns to tax commis- 
sioner. Conmiissioner to transmit lists to 
assessors. 

5. Penalty for neglect of corporation. 

6. Tax commissioner to furnish blanks for 
returns in relation to steam-boilers. Sta- 
tistics to be included in his report. 

7. Guardians, executors, administrators, trus- 
tees, and partnerships, to make annual 
returns to tax commissioner of stocks held. 
Penalty for neglect. 



TAXATION OF BANK 

8. Tax upon bank shares to be assessed to 
owners in city or town where bank is lo- 
cated. 

9. Bank to pay taxes to collector of city or 
town where located. 

10. to have lien upon shares for taxes paid. 

11. Cashier to make sworn statement to assess- 
ors of names, etc., of shareholders. As- 
sessors to obtain list, if cashier neglects ; 
to transmit list, etc., to tax 



Section 

12. Commissioner to determine amount of oflfeet 
against payments to be made to city or 
town. 

13. also amount of credit to city or town. 

14. to inform assessors of aggregate amount 
of offsets and credits. Right of appeal by 
assessors. 

15. Conmiissioners to certify to state treasurer 
aggregate amount of charges and credits. 

16. Allowance of one per cent for assessing 
and collecting tax. 

17. Certain savings banks and insurance com- 
panies to have deduction of amount of 
taxes paid on bank shares. Commissioner 
may require statement, and determine and 
certify amount to be deducted. Limit of 
deduction from tax of savings banks. 

18. Commissioner to certify to treasurer amoxmt 
assessed and collected. 

19. Owners of shares entitled to exemption, to 
have certificate from assessors. Tax col- 
lected on such shares to be repaid. 

i 

taxation of savings banks. 

20. Savings banks and institutions for sa^Tngs 
to pay tax on deposits semi-annually. 
Certain deposits invested in real estate 
exempt. 

21. to make semi-annual returns to treasurer; 
what to include. 

22. Penalties on same for noglectmg to pay 
taxes. 

23. Deposits so taxed, otherwise exempt. 



I 



Chap. 13.] taxation of corporations. 



129 



taxation op co-operative saving fund 

and loan associations. 
Section 

24. Co-operative saving fund and loan associa- 
tions to make semi-annual returns and pay 
tax to treasurer. 

taxation of insurance companies. 

25. Life-insurance companies, etc., to pay an- 
nual excise tax on aggi'Cgate net value of 
policies held by residents of the common- 
wealth. 

26. Life-insurance companies, etc., to make 
annual returns to tax commissioner. Com- 
missioner to determine and assess amount 
to he paid. 

27. Wliat policy-holders deemed residents. 

28. Penalty. How same and taxes may be en- 
forced and collected. 

29. Excise tax of one per cent upon premiums 
received by insurance companies incorpo- 
rated in the commonwealth, except those 
taxed on franchise. 

30. of two per cent on companies incorporated 
in other states, and at a higher rate, if, etc. 

31. upon life-insurance companies incorpo- 
rated in states which impose a tax upon 
companies of this state, etc. 

32. of four per cent upon fire, etc., companies, 
etc., incorporated in other countries, or two 
per cent where there is a guaranty fund. 

33. Allowances for return i>remium8, etc. 

34. Companies, etc., to make to tax commis- 
sioner returns of premiums received, etc., 
and of amounts claimed as deductions. 

35. Tax commissioner to make assessment, 
give notice, and certify assessment to 
treasurer. Tax, when payable; to bear 
interest. 

36. Penalties for failure to make returns, and 
for false returns; how recoverable. 

37. Companies, etc., and agents liable for taxes. 

taxation op corporate franchises. 

38. Home coi-porations, for purposes of busi- 
ness or profit, having a capital stock divid- 
ed into shares, except banks, etc., to return 
annually to tax commissioner names of 
shareholders, etc. 

39. Tax commissioner to ascertain market 
value of shares, and estimate fair cash 
valuation of all the shares; also value of 
real estate, etc. 

40. Such corporations to pay annual tax upon 
corporate franchise. Rate, how deter- 
mined. Deductions. 

41. Remedy of corporation when tax commis- 
sioner fixes value of real estate, etc., less 
than the assessors do. Commissioner 
may appear and be heard in case of appeal. 

42. Foreign telegi-aph companies, etc., using, 
etc., lines in this state, to make returns and 
pay like tax. 

43. Mining companies, etc., doing business out 
of the commonwealth, or chartered else- 
where, etc., to make eerai-annual returns 
and pay tax on whole capital stock at par. 
Officers and agents liable for amount of 
Buch tax. Capital stock not to be reduced 
except upon application to supreme judicial 
court. 



Section 

44. Mining companies, etc., doing business out 
of the commonwealth, or ch.irtered else- 
where, etc., also to make annual report of 
business to tax commissioner. 

45. Tax commissioner to assess a tax of four 
per cent upon their net profits. 

45. Corporations to construct railroads in for- 
eign countries, to make returns and pay tax 
on capital. 

taxation op the property of certain 
manufacturing companies, copartner- 
ships, AND associations. 

47. Companies, etc., held in transferable 
shares, how taxed. 

48. how to make returns. 

49. books of, to be subject to inspection, and 
ofl^cers, etc., to examination on oath. 



taxation op the guaranty capital and 
permanent funds of certain mutual 
insurance companies. 

50. Guaranty capital and permanent funds of 
certain mutual insurance companies, how 
taxed. 

taxation of certain trust and other 
companies. 

51. The Massachusetts Hospital Life Insur- 
ance Companj', how taxed. 

52. Trust companies, etc., how taxed. Mon- 
eys, etc., deposited with same, how and 
where taxable. 

notice of tax. penalties. 

53. Tax commissioner to notify treasurers of 
corporations of taxes assessed, etc. 

54. Penalties for refusal, etc., of corporations, 
etc., to make returns, orfailure to paj* taxes 
assessed. How enforced, etc. Certificate 
of tax commissioner to be competent 
e\'idence. 

55. Corporations, etc., liable to injimction for 
failure to make returns. 

56. Lessee of corporate property liable to pay 
corporate tax as well as the corporation; 
may retain same out of rents. 

57. Taxes not to be aseessed iu cities, etc., to 
stockholders of certain corporations, etc.; 
taxes collected of corporations to be dis- 
tributed to cities, etc., when, etc. 

58. Commissioner to determine amounts due, 
etc. Appeal from his decision. 

59. Corporations taxable, to submit books to 
inspection, and ofiicers to examination. 

60. Tax on franchise not to prevent, etc., the 
imposition and collection of other taxes 
authorized by law. 

appeals, and boakd of appeal. 

61. Party aggrieved by decision of tax com 
missioner under certain sections may ap- 
peal. 

62. Board of appeal, how constituted. Appeal 
to be taken -nithin ten days. Board to hear 
and decide. Their decision final. Over- 
payments to be reimbursed. 



130 



TAXATION OF CORPORATIONS. 



[Chap. 1-3. 



warrants tor collection and applica- 
tions for relief. 
Section 

63. Tax, bow collected by warrant, when cor- 
poration, etc., neglects to pay. 

64. Corporation, etc., may try the legality of 
tax, after payment, l>y petition to supreme 
judicial court. Sei'vice of same, and pro- 
ceedings thereon. 



Section 

65. Tax to he repaid if adjudged illegal. 

66. Collection hy warrant to be in addition to 
other methods. Remedy of corporation by 
petition to take place of all other actions, 
and be exclusive. 

67. Taxes due from certxiLn miniag corpora- 
tions may be abated in part. 



r of the 
ivealth 
to be tax com- 
missioner. May 
appoint a depu- 
ty, who shall also 

of corporations; 
also necessary 
clerks. 
Salary of 
deputy. 
I860, 283, § 12. 
1870, 224, § 61. 
1879, 288, § 1. 

Clerks in the 
office of deputy. 
Their salaries. 



Tax commis- 
sione.- to for- 
waid to assess- 
ors lifts of all 
corporations 
taxable, etc. 



Corporations 
holding bonds 
or stock as col- 
lateral, to make 
returns to tax 
commissioner. 
Co: 



) transmit lists 



Penalty upon 
corporation 
for neglect. 
1870, 144, § 2. 



'I'nx commis- 
sioner to furnish 
blanks for re- 
turns in relation 
to steara-boilers. 
Statistics to be 
included in his 
report. 



TAX COMjnSSIOKER. 

Section 1. The treasurer of the commonwealth, as tax commis- 
sioner, may appoint a deputy, who shall, under his direction, exer- 
cise and perform the powers and duties conferred upon that office, 
subject to appeal as hereinafter provided. The deputy tax commis- 
sioner shall be commissioner of corporations. He may appoint the 
clerks whose employment is authorized by the provisions of the 
following section. The salary of the deputy tax commissioner and 
commissioner of corporations sliall be twenty-seven hundred and fifty 
dollars a year, and the same shall be in full compensation for the 

duties of both offices. See e. 16, § 18. 

Sect. 2. Two permanent clerks may be employed in the office of 
the deputy tax commissioner and commissioner of corporations ; the 
first at a salary of eighteen hundred dollars a year, and the second at 
a salary of thirteen hundred tloUars a year. Such additional clerics 
and other assistance as may be necessary for the despatch of public 
business may also be employed in said office at au expense not 
exceeding twelve thousand dollars a year. 

Sect. 3. The tax commissioner shall annually, on or before tlie 
twentieth day of June in each year, cause to lie forwarded to the 
assessors of every city and town a list of all Massachusetts corpora- 
tions, and of all companies, copartnerships, or associations known 
to him to be taxable on the first day of May next preceding said 
twentieth day of June, on their corporate franchises or |)iopcrty under 
the provisions of this chapter, with such other uiforin:itioii in liis posses- 
sion as in his judgment will assist them in the assessment of taxes. 

Sect. 4. Eveiy corporation established within the commonwealth 
by special charter, or organized under the general laws thereof, which 
on the first day of May in any year liolds, as collateral security for 
boiTowed money or other liability, lionds of any description or shares 
of stock in corporations other tlian those suliject to taxation on their 
corporate franchises or stock under the provisions of this chapter, 
shall annually, between the first and tenth days of ]May. return to the 
tax commissioner the whole number of such sliares and l)onds so held, 
the names and residences of the persons pledging the same, and the 
numlter, denomination, and the par and c.asli market value, if known, 
of the shares and bonds pledged by each ; and the tax commissioner 
shall, on or before the twentieth day of June in each j'ear, transmit 
to the assessors copies of the list furnished by such corporations. 

Sect. 5. A corporation neglecting or refusing to make the re- 
turns required by the preceding section, or wilfully making a return 
which is materially false or defective, shall forfeit for each offence 
not less than fifty nor more than one thousand dollars, to be recovered 
by an action of tort to the use of the city or town in which the person 
pledging such stock or bonds resides. 

Sect. 6. The tax commissioner shall in due season forward to the 
assessors blanks suitable for making the returns required by section 
ninety-two of chapter eleven, and shall include in his annual report 
to the general court a tabular statement of statistics derived from 
stich returns. He shall also include in said report a tabular statement 



Chap. 13] tax^vtion of corporations. 131 

of the amounts of exempted property returned to him under the i873, 321, § 2. 
[jrovisious of section ninety of said chapter, and of the statistics jjsil 284I § 4! 
concerning ships and vessels engaged in the foreign carrying trade 
returned to him under said section ninety. 

.Sect. 7. E\'cry guardian who liolds, or whose ward holds, shares GuardianB, 
or stock in any corporation, including banks located in the common- Jidminutrators, 
wealth, and companies, partnerships, or associations taxable under trustees, and 
this chapter, and every executor, administrator, or other person who to make anuuai 
holds in trust any such stock, shall, between the first and tenth days coraSs8ioner 
of May in each year, return under oath to said commissioner the of stocks held, 
names and residences, on the first day of that mouth, of themselves ists^Sis, §i6. 
and of all such wards or other persons to whom any portion of the i^^*- 27S. 
income from such stock is payable, the number of shares of stock so 
held, and the name and location of the corporation, company, part- 
nership, or association in which they are held. 

Every partnership shall, bet ween the first and tenth days of May 
in each year, make a like return, stating the amount of such stock 
owned by the firm, the names and residences of all the partners, 
and the proportional interest or ownership of each partner in said 
stock. Any guardian, executor, administrator, trustee, or partner- Penalty for 
ship, neglecting to coiniily with the requirements of this section, shall "'^siect. 
forfeit one hundred dollars. 

TAXATION OF BANK SHAKES. 

Sect. 8. All the shares of stock in banks, whether of issue or Tax upon bank 
not, existing by authority of the United States or of the common- aggjeg*, Ji",u" 
wealth, and located within the commonwealth, shall be assessed to the o\vni-r» in city 
owners thereof in the cities or towns where such banks are located, bank is located, 
and not elsewhere, in the assessment of all state, county, and town s^wafiac'e^sss. 
taxes imposed and levied in such place, whether such owner is a resi- 7 Wallace! 694. 
dent of said city or town or not ; all such shares shall be assessed at 99 Masf.'ui.' 
their fair cash value on the first day of May, first deducting there- JS H"^"' jH" 
from the proportionate part of the value of the real estate belonging 112 Mass.' 384." 
to the bank, at the same rate, and no greater, than that at which other ^^^ '^''*^- ^'*' 
moneyed capital in the hands of citizens and subject to taxation is 
liy law assessed. And the persons or corporations who appear from 
the records of the banks to be owners of shares at the close of the 
l)usiness day next preceding the first day of May in each year shall 
lie taken and deemed to be the owners thereof for the purposes of 
this section. 

Sect. 9. Every such bank or other corporation shall pay to the Bank to pay 
collector, or other person authorized to collect the taxes of the city oTdty m°to™°'' 
or town in which the same is located, at the time in each year when where bank is 
other taxes assessed in the said city or town become due, the amount ist's, 316, § 2. 
of the tax so assessed in such j'ear upon the shares in such bank or 
other corporation. If such tax is not so paid, the said bank or other 
corporation shall be liable for the same ; and the said tax, with inter- 
est thereon at the rate of twelve per cent per annum from the day 
when the tax became due, may be recovered in an action of contract 
brought, by the treasurer of such city or town. 

Sect. 10. The shares of such banks or other corporations shall tohaveiicn 
lie subject to the tax paid thereon by the corporation or by the officers ^^°°s paM?" °^ 
thereof, and the corporation and the officers thereof shall have a lien 1873, 315, § 3. 
on all the shares in such bank or other corporation and on all the 
rights and property of the shareholders in the corporate property for 
the payment of said taxes. 

Sect. 11. The cashier of every such bank shall make and deliver Cnsiiicr to rnake 

•^ sworn statement 

to the assessors of the city or town in which such bank is located, on to assessors of 



132 



TAXATION OF CORPOIIATIONS. 



[Chap. 13. 



names, etc., of 
shareholdiTB. 
1873, 315, § 5. 



Commissionei' 
to determiue 
amount of offset 
against pay- 
ments to be 
made to tbc 
city or town. 
1873, 315, § 6. 



also amount 
which shall 
become a credit 
to the city or 

1873, 315, § 7. 



to inform as- 
sessors of the 
aggregate 
amount of offsets 
and credits. 



Right of appeal 
by assessovs. 
1873, 316, § 8. 

Commissioner 
to certify to state 
treasurer aggre- 
gate amounts of 
charges and 
credits. 
1873, 315, § 9. 



Allowance of 
one per cent 
for expense of 
assessing and 
collecting tax. 
1873, 316, §§ 10, 
11. 



or before the tenth day of Maj' in each year, a statement \ eriiied by 
the oath of such cashier showing the name of each shareliolder, with 
his residence and the number of shares belonging to him at the close 
of the business day next preceding the first day of May, as the same 
then appeared on the Ijooks of said bank. If the cashier fails to 
make such statement, said assessors shall forthwith, upon such fail- 
ure, obtain a list of shareholders, with the residence of, and uumlier 
of shares belonging to, each. 

In either case the assessors shall, immediately upon obtaining such 
list or statement, transmit to the tax commissioner a true copy of 
the same ; and shall, by notice in writing, inform said commissioner 
of the rate per cent upon the valuation of the city or town of the 
total tax in such city or town for the year, immediately upon the 
ascertainment thereof, and also of the amount assessed by them upon 
the shares of each bank located therein. 

Sect. 12. Said commissioner shall thereupon, as soon as may be, 
determine from the returns and otherwise the proportionate amount 
of the tax so assessed upon the shares in each of said banks, which 
has been assessed upon shares which, according to the provisions of 
chapter eleven, would not be taxable in said city or town ; and such 
amounts, as finally determined under the provisions of this chapter, 
shall be a charge to said city or town as an offset against any pay- 
ments to be made from the treasury of the commonwealth to said 
city or town. 

Sect. 13. .Said commissioner shall, in like manner, determine the 
jjrcjiiortiouate amount of tax so assessed upon shares in each of said 
banks, which, according to the provisions of chapter eleven, would 
be ttixaljle in each city or town in this commonwealth other than that 
in which the bank is located ; and such amounts, as finally determined 
under the provisions of this chapter, shall become a credit to such 
city or town. 

Sect. 1-1. Said commissioner shall, by written' or printed notice 
delivered at the assessors' office or sent by mail, inform the assessors 
of each city or town affected thereby of the aggregate amount of 
charges and credits against and in favor of such city or town, under 
the two preceding sections, as determined liy him, forthwith, upon the 
determination thereof. From this determination an appeal may be 
made by said assessors, within the time hereinafter provided, to the 
board of appeal constituted under the provisions of section sixty-two. 

Sect. 15. Said commissioner shall, at the expiration of ten daj's 
after notice given as provided in the preceding section, or upon being 
informed of the decision of the board of appeal, if an appeal is 
made, certify to the treasurer and receiver-general the aggregate 
amount of charges mentioned in section twelve against each city and 
town, and also the aggregate of credits mentioned in section thirteen 
in favor of each city or town, as finall}' determined under the three 
preceding sections ; and the treasurer shall thereupon withhold out 
of any sums of money which are or may become payable out of the 
state treasury to any city or town against which a charge is certifietj 
the amount so certified, and shall allow or pay over to eac!' city of 
town in favor of which a credit is certified the amount so certified. 

Sect. 16. In the adjustment and determination of amounts due 
under the provisions of this chapter in relation to the taxation of 
banlv shares, an allowance of one per cent upon the amount so 
assessed and collected shall be made for the expenses of assessing 
and collecting the same ; and no city or"town shall be entitled in any 
year to an allowance of credits or payments under any of the provis- 
ions of this chapter until the assessors thereof liave complied with 
the requirements of this chapter and of section thirty-three of chap- 



Chap. 13.] taxation of coepoeations. 133 

ter eleven in relation to the taxation of bank shares. No bank, the 
shares in which are m.ade taxable bj' section eight, shall be subject 
to taxation under the pro\isious of section forty, nor shall the share- 
holders be taxaljle in respect to their shares therein for state, county, 
or town purposes, except under the provisions of this chapter. 

Sect. 17. The amount actually paid into the treasury' of the com- Amount p.iid 
monwealtli in each year, under the provisions of this chapter, on sa^ulw bauks''^ 
account of shares in banks or banking associations, which on the first and iusuiauce 
day of May are the absolute propertj' of any savings bank or institu- taMson tank 
tion for savings subject to taxation under the provisions of section ^['".^''^'° '"' '^^' 
twenty, or of any insurance corporation which is subject to taxation p.ayment, etc. 
under the provisions of section fort}', shall be deducted from the tax Issi' los' § 2?' 
payable under the provisions of said sections by such savings bank, 
institution for savings, or insurance corporation, at the next paj'ment 
to the commonwealth after the assessment of bank shares as herein 
provided. The tax commissioner may require a statement of all such Commissioner 
shares so owned by any such savings bank, institution for savings, or ™ateme1it".nnd 
insurance corporation, to be made in a form approved by him, and determine aud 
signed and sworn to liy the treasurer or like financial ofticer thereof. tobedeXct^i 
He shall, from such statement and other evidence, and subject to 
appeal by such corporation, as herein provided in similar cases, deter- 
mine the amounts to be deducted, and certify the same to the treas- 
urer of the commonwealth upon the final determination thereof ; but Limit of dcduc- 
the amount so to be deducted from the tax payable by any savings "a^ngs'baiiks"' 
bank or institution for savings shall not, in any year, exceed the 
amount of the tax assessed on account of that portion of its deposits 
invested in shares in banks or lianking associations. 

Sect. 18. The tax comniissioiier shall, as soon as may be after Commissioner 
the first Monday in December in each j'car, certify to the treasurer Jreas'urS- '° 
the amount assessed and collected for that year in respect of shares in amount assessed 
such banks or other corporations owned absolutely bj' any society, i873°3iC§''i3. 
district, or institution of any of the classes specified in the thu'd, 
fourth, and ninth divisions of section five of chapter eleven, and the 
treasurer shall thereupon pay over such amounts to the corporations 
owning such shares. 

Sect. 19. The assessors of each city or town, upon request of any Owner of shares 
person resident in such city or town, who is the owner of anj' shares in emntkui'to'be 
such banks or other corporations whicli, under the provisions of the furnished by 
tenth and twelfth divisions of section live of chapter eleven, would be certmcafe^^Tax 
entitled to exeniiition from taxation, shall give such owner a certificate collected on sucii 
setting forth such fact ; and the treasurer of such city or town, upon repaid, 
request therefor and the deposit with him of such certificate, shall i^^^. 3i5, § u. 
pay over to such owner the amount so collected in respect of such 
shares, immetliatelj' upon the allowance made to such city or town 
under tiie provisions of this chapter in relation to the taxation of 
bank shares. 

TAXATION OF SAVINGS BANKS. 

Sect. 20. Every savings bank and institution for savings, incor- state tax on 

porated under the laws of this commonwealth, shall pay to the and'mstmmons 

treasurer of the commonwealth a tax, on account of its depositors, f'j'' savings. 

of one-half of one per cent per annum on the amount of its depos- i„Vest"d in'mli" 

its. to be assessed, one-half of said annual tax on the average amount jgjo"o|J%"5"' 

of its deposits for the six months preceding tlie first day of May, and iseii iis! 

the other half on the average amount of its deposits for the six months \ll\'^ ^[ §§ s ,, 

preceding the first day of November, and such tax shall be paid semi- issi. 30a, § i. 

6 Wallace 611 

annually within ten days after the first Monda3's of June and Decem- 5 Aiicn, 428. 
ber, each payment to be an assessment, by the treasurer, of one-half |o3^'.,"a' 49^" 
the annual percentage : provided, that so much of the deposits as are lie Mass. 526. 



■134 



TAXATION OF CORPORATIONS. [ChAP. 13. 



Semi-annual re- 
turn by eavings 
banks, etc., to 
treasurer of tbe 
coimnonwealtb; 
when to be 
made, and what 
to inciude- 
1862, 224, ?§ 8, 9. 
123 Mass. 497. 



Penalties on 
eavings banks, 
etc., for neglect- 
ing to pay tlixes. 
1862, 224, § 11. 
100 Mass. 631. 



Deposits taxed 
by state, other- 
wise exempt. 
1862, 224, § 12. 



invested in re.al estate used for baukiug purposes or in loans secured 
by mortgages of taxable real estate shall be exempt from taxation 
under the provisions of this section, and that so much of said depos- 
its as are invested in real estate, the title to which has been acquired 
by the completion of foreclosure, or by purchase under the provis- 
ions of section twentj' of cliapter one hundred and sixteen, shall be 
exempt from taxation under the provisions of this section, for the 
period named in said section. 

Sect. 21. Every savings bank and institution for savings incor- 
porated under the laws of the commonwealth shall semi-annually, on 
or before the second Mondays of May and November, malce to the 
treasurer of the commonwealth a return, signed and sworn to by its 
president and treasurer, of the amount of its deposits on the first 
days of May and November of each year, and of the average amount 
of its deposits for the six months next preceding each of said daj's. 
Every such corporation neglecting to make such return shall forfeit 
fifty dollars for eacli day of such neglect ; and any sucli corporation 
wilfully making false statements in anj' such return shall be liable to 
pay a fine of not less than five hundred nor more than five thousand 
dollars. 

Sect. 22. Every savings bank or institution neglecting to pay the 
taxes imposed by section twenty shall be liable for the same, with 
costs and interest, in an action of contract in the name of the com- 
monwealth at the suit of the treasurer ; and, on application therefor 
of the treasurer to a justice of the supreme judicial court, shall be 
further liable to injunction restraining said savings bank or insti- 
tution, and the agents thereof, from the further prosecution of its 
business, until all such taxes with costs and interest shall be fully 
paid. 

Sect. 23. All deposits taxed under section twenty shall be other- 
wise exempt from taxation for the current year in which the tax is 
paid. 



Co-operative 
saving fund and 
' loan associations 
to make semi- 
annual returns 
and pay tax to 
treasurer of the 
commonwealth, 
1877, 224, § IS. 
1S78, 250. 



TAXATION OF CO-OPERATIVE SAVING FCNT) AND LOAN ASSOCIATIONS. 

Sect. 24. Every co-operative saving fund and loan association 
organized in the coinindii wealth under general laws shall pay to the 
treasurer of the commonwealth a tax, on account of its shareholders, 
of one-quarter of one per cent per annum on the amount of its 
monthly dues paid in by such shareholders, exclusive of fines, interest, 
and premiums, to be assessed, one-half of said annual tax on the 
average amount of its monthly dues paid in for the six montlis pre- 
ceding the first day of May, and the other on the average amount of 
its monthly dues paid in for the six months preceding the first day of 
November ; and all property taxed under this section shall be other- 
wise exempt from taxation for the current year in which the tax is 
paid, and the provisions of sections twenty, twenty-one, and twenty- 
two shall apply to such associations. 



Life-insurance 
companies, etc., 
to pay annual 
excise tax on 
aggregate net 
value of policies 
li.'l.l bv re..,i. 
deius uf til. 



abb. 



TAXATION OF INSURANCE COMPANIES. 

Sect. 25. Every corporation and association engaged within the 
commonwealth, by its officers or by agents as defined by chapter 
one hundred and nineteen, in the business of life insurance, whether 
incorporated by authority of this commonwealth or otherwise, shall 
annually pay an excise tax of an amount to be determined by assess- 
ment of the same at the rate of one-quarter of one per cent per 
annum upon a valuation equal to the aggregate net value of all 
policies in force on the thirty-first day of December then next pre- 



Chap. 13.] taxation of corporations. 135 

ceding, issued or assumed hy such corporation or association and 
held by residents of the commonwealth. 

Sect. 26. Every such corporation chartered by the commonwealth Life-insurance 
shall, annually, on or before the tenth day of May, make a return to «o"P™>e8, etc., 

.1. ■. • T -I ,..'^., , 'O make annual 

tlie tax commissioner, signed and sworn to by its president and secre- returns to tax 
tary, giving the number, date, and class of the policies so held, the crnmSion'er 
age of the assured life, and the aggregate net value of each o-roup to determine and 
requu'iug a separate computation to determine their net value and the plyabieTt™' 
combined aggregate. In case of companies or associations not char- 1880,227, §2. 
tered or organized by this commonwealth, like returns shall be made 
by the general agent in this commonwealth of the company or associa- 
tion ; but a return made and sworn to by tlie president and secretary 
of the company may be accepted by the tax commissioner, and shall 
be binding upon the company. The tax commissioner shall, upon 
such return and such other evidence as he may obtain, assess and 
determine the amount to be paid by such corporation under the re- 
quirements of the preceding section ; and the provisions of sections 
fifty-three and fifty-nine shall apply to the determination of the 
amount, notification, and time of payment of assessments under the 
preceding section, except that notification shall be made to the sec- 
retary or general agent of the company or association instead of to 
the treasurer. 

Sect. 27. For the purpose of the two preceding sections all per- -what policy. 
sons or corporations shall be deemed residents of the common- r°sidents^*""^* 
wealth who, under tlie provisions of chapter eleven, are made liable to i88o,1;27%3. 
taxation on account of personal property other than that mentioned 
in the first, second, and third divisions of section twenty of said 
chapter, owned or held by or for them in trust, pledged, or other- 
wise. 

Sect. 28. Every corporation or association neglecting to make Penalty for neg- 
return as required by section twenty-six shall forfeit fifty dollars for Hon'tomakeTe 
each day of such neglect; and any corporation wilfully making false tL™ o°r pay'taxt 
statements in any such return shall be liable to pay a fine of not SiTcoileeted^ 
less than five liiindred nor more than five thousand dollars. All sums i*^' ^'' § *■ 
so forfeited, and all taxes unpaid, when due, by a corporation under 
sections twenty-five and twenty-six, may be collected by information 
in equity lirouglit in the suinvmo judicial court in the name of the 
attorney-general at the relation of the treasurer and receiver-general ; 
and upon sucli infornuition the court may issue an injunction restrain- 
ing the further prosecution of the business, or of any part thereof, of 
the corporation named therein, until safd sums forfeited as aforesaid, 
or said taxes due and unpaid as aforesaid, are paid, together with 
interest and the costs of the information, and until the returns 
required by section twenty-six are made. 

Sect. 29. Every fire, marine, fire and marine, and other insurance Excise tax of 
company, incorporated under the laws of the commonwealth, except °°'' ^.Z^iama 
life-insurance companies, and except companies subject to taxation recdwd'Sy " 
on their corporate franchise under the provisions of this chapter, shall, iS^'incor."' 
as hereinafter provided, annually pay a tax or excise of one per cent po'^ted imder 
on all premiums received during the year for insurance, whether in commonweiUth, 
cash or in notes absolutely payable, and one per cent on all assess- ml'ufs'i 
ments made by such company upon policy-holders : 2^rovided, that, in 
the assessment of such tax, premiums received in other states where 
they are subject to a like tax shall not be included. 

Sect. 30. Every fire, marine, fire and marine, and other insurance of two per 
company, corporation, association, or partnership, including associa- pmie°s"in?OTpo- 
tions formed upon the plan known as Lloyds, which is incorporated St'an^aTa 
or associated by authority of any otlier state of tlie United States, higi'S raterif* 
shall, as hereinafter provided, annually pay a tax or excise upon all ists, ui, § 2. 



136 



TAXATION OF CORPORATIONS. [ChAP. IS. 



Excise tax upon 
life-insunmcc- 
companies, etc., 
incorporated in 
states which im- 
pose a tax upon 
companies of 
tiiis state doing 
business therein. 
1873, 141, § 3. 



of four per 
cent upon fire, 
etc., companies, 
etc., incorpo- 
rated in other 
countries, or two 
per cent where 
there is a guar- 
anty fund. 
1873, 141, § 4. 
1878, 218, § 3. 
100 Mass. 631. 



Companies, etc., 
to make to the 
tax commission- 
er returns of 
premiums re- 
ceived, etc., and 
of amounts 
claimed as 
deductions. 
1873, 141, § 7. 
1878, 218, § 3. 



premiums charged or received on contracts made in this common- 
wealth for the insurance of property or interests tliereiii, or received 
or collected by agents in this commonwealth, at the rate of two per 
cent, and at such greater rate, if any, as shall be equal to the highest 
rate imposed during the year by the laws of such other state upon 
insurance companies incorporated by authority of this commonwealth, 
or upon their agents, when doing business in such state. 

.Sect. 31. Every life-insurance company, corporation, association, 
or partnership, incorporated or associated by authority of any other 
state of the United States, by the laws of which state a tax is imposed 
upon the premium receipts of life-insurance companies chartered by 
this commonwealth, and doing business in such state, or upon their 
agents, shall annually, so long as such laws continue in force, pay a 
tax or excise upon all premiums charged or received upon contracts 
made in this commonwealth, at a rate equal to the highest rate 
imposed during the year upon life-insurance companies chartered by 
this commonwealth or upon their agents doing business in such other 
state. 

Sect. 32. Every fire, marine, fire and marine, and other insurance 
company, corporation, association, or partnership, including associa- 
tions formed upon the plan known as Lloyds, incorporated or asso- 
ciated under the laws of any government or state other than one of 
the United States, shall, as hereinafter provided, annually paj' a tax 
of four per cent upon all premiums chaiged or received on contracts 
made in this commonwealth for insurance, or received or collected 
by agents in this commonwealth : provided, that whenever it is made 
to appear to the satisfaction of the tax commissioner that anj' such 
company, corpoiatinn. association, or partnership, has, during the 
whole term for which the tax is to be assessed, kept deposited with 
the insurance or other departments of any state of the United States, 
or in the hands of trustees, resident in and citizens of such states, for 
the general benefit and security of all policy-holders residing in the 
United States, securities apiiroved by the insurance commissioner, of 
the value of two hundred thousand dollars, which have been at all 
times available for the payment of losses in this commonwealth, the 
tax upon the premiums of such company, under this section, shall be 
assessed at the rate of two per cent. The certificate of the insur- 
ance commissioner may Ije received by the tax commissioner as suffi- 
cient evidence that such securities have been so deposited. 

Sect. 33. In determining the amount of tax due under the four 
preceding sections there shall be deducted in each case, from the full 
amount of premiums and assessments, unused liahuices on notes taken 
for premiums on open policies, all sums paid for leturn premiums on 
cancelled policies, and all sums actually paid to other insurance com- 
panies incorporated under the laws of the commonwealth, or to the 
agents of foreign companies, for re-insurance on risks, for which a tax 
on the premium would be due had no re-insurance been effected : pro- 
vided, that nothing in this section shall be so construed as to allow 
dividends in scrip or otherwise in stock, mutual, or mixed companies 
to be considered return premiums. 

Sect. 34. Every company, which, by the provisions of section 
twenty-nine, is required to pay a tax, shall, between the first and 
fifteenth days of November in each year, cause to be made to the tax 
commissioner a return, signed and sworn to by its secretary or other 
officer cognizant of the facts, which shall set forth the amount insured 
by said company, and the premiums received and assessments collected 
during the year ending with the thirty-first day of October then next 
preceding. Every agent of any company, corporation, association, 
or partnership, including associations formed upon the plan known as 



Chap. 13.] tax:.\tion of corpokation.s. 



137 



Llo3'cls, which is incorporated or associated by authority of any 
government other than this commonwealth, doing or authorized to do 
insurance business in the commonwealth, shall, between the first and 
fifteenth days of November in each year, make to the tax commis- 
sioner a return, signed and sworn to by such agent, containing the 
names of every such company, corporation, association, or partner- 
ship, for which he has acted as agent during any part of the year 
ending with the thirty-first day of October then next preceding, with 
tlie amount insured by him, and the premiums received and assess- 
ments collected by him, or by his authority, for each such company, 
corporation, association, or partnership, during such year ; but only 
-such agents of life-insurance companies are required to make return 
as are not accountable to any other agent in the commonwealth for 
premiums received. 

Such returns shall contain a statement of the whole amount of pre- 
miums charged or received bj^ or in behalf of each compan}', corpo- 
ration, association, or partnership, either in cash or in notes absolutely 
payal)le, and the amount claimed as a deduction therefrom, under any 
of the provisions of this chapter specifying the whole amount so 
claimed, and also the classes of deductions and amount of each class. 

Sect. 3.5. The tax commissioner shall, thereupon, upon such state- 
ments, and on such other evidence as he may obtain, proceed to assess 
upon such companies, corporations, associations, and partnerships, 
including associations formed upon the plan known as Lloyds, and 
their agents, the taxes prescrilied by the provisions of sections 
twenty-nine to thirty-two, inclusive, and shall forthwith, upon mak- 
ing such assessment, forward written or printed notices to such 
companies, corporations, associations, and })artnerships, or their 
agents in the commonwealth, stating the amounts so determined by 
him to be payable by each company, corporation, association, part- 
nership, or agent. Such taxes shall be paid to the treasurer of 
the commonwealth on the tenth day of December next succeeding 
the time fixed in the preceding section for making the statement 
therein required. 

The tax commissioner shall, on or before such tenth day of Decem- 
ber, deliver to the treasurer of the commonwealth a certificate setting 
forth the names of every such company, corporation, association, 
partnership, and agent, upon whom such tax has then been assessed ; 
and shall, in like manner, make certificate of such further assess- 
ments as may be made after that date. All such taxes, whether 
assessed before or after the tenth day of Deceinlier, shall liear interest 
at the rate of twelve per cent per annum from that date until they 
are paid. 

Sect. 3G. Every company, corporation, association, partnership, 
and agent, failing to make anj' return re<iuired by the provisions of 
section thirty-four, shall forfeit twenty-five dollars for such default ; 
and continuing in such failure for the space of ten days after a written 
or printed notice thereof, authorized by the tax commissioner, has 
been deposited in the post-oflflce, postage paid, and addressed to such 
company, corporation, association, partnership, or agent, shall be sub- 
ject to a further penalty of five hundred dollars ; and, in addition, the 
company, corporation, association, or agent, so failing, shall be liable, 
upon information by the attorney-general, at the relation of the tax 
commissioner, to injunction restraining it or him from transacting 
the business of such company, corporation, association, or partner- 
ship in this commonwealth, until such return is made. 

If any such return contains statements which are false, and are 
known, or by the exercise of reasonable care might have been known, 
to the agent or officers making it, to be false, such agent, company, 



Tax commis- 
sioner to make 
assessment and 
give notice, and 
certify assess- 
ment to treas- 

■when payattle; 
to bear interest. 
1873, 141, § 8. 
1878, 218, § 3. 



Penalties for 
failure to make 
returns, and for 
false returns ; 
how recovera- 
ble. 



138 



TAXATION OF CORPORATIONS. [C'HAP. 13. 



Compfinies, etc., 
and agents liable 
for taxes. 
1873, 141, § 10. 
1878, 218, § 3. 



corporation, or association shall be liable for the amount of tax there- 
by lost to the commonwealth, and, in addition, to a penalty of not 
less than five hundred nor more than five thousand dollars. 

Such penalties may be recovered by an action of tort, brought at 
the instance of the treasurer against the company', corporation, asso- 
ciation, partnership, or agent in default : 'provided, that no such com- 
pany, corporation, association, partnership, or agent shall be liable to 
the money penalties imposed by this section, if it is made to appear 
that the return was duly made and deposited by said agent in the 
post-oflice, postage paid, and properly directed to the tax commis- 
sioner, and that there was no neglect on the part of such agent. 

Sect. 37. Every insurance company incorporated by authority of 
the commonwealth, and every such company, corporation, associa- 
tion, or partnership, incorporated or associated by authority of anj' 
other state or government, shall be liable for the full amount of all 
taxes so assessed upon the premiums or assessments received by such 
company, corporation, association, or partnership, or by its agents ; 
and each agent of any such company, corporation, association, or part- 
nership, incorporated or associated by authority of any state or gov- 
erumeut otlier than this commonwealth, shall also be liable for the 
amount assessed upon premiums and assessments received by him, 
which, with interest at the rate of twelve per cent per annum, may 
be recovered in an action of contract brought in the name of the com- 
monwealth. Such corporation, company', association, or partnership, 
shall be further lialile, upon information by the attorney-general at 
the relation of the treasurer of the commonwealth, to injunction 
restraining said company, corporation, association, or partnership, 
and the agents thereof, from the further prosecution of its business, 
until all taxes due as aforesaid, with costs and interest, are fully paid. 
Any return made, or tax paid by an agent, shall be a discharge, to 
that extent, of the company, corporation, association, or partnership, 
from its liability to make a return or pay a tax under the provisions 
of this chapter contained in sections twenty-nine to thirty-seven, 
inclusive. 



Home corjiora- 
tions organized, 
etc., for pur- 
poses of business 
or profit, and 
having a capital 
stock divided 
into shares, ex- 
cept banks, etc., 
to return annual- 
ly to tax 



of stockholders, 

etc. 

1865, 283, § 3. 

1880, 117, § 2. 

12 Allen, 75. 

98 Mass. 25. 



TAXATION OF CORPORATE FRANCHISES. 

Sect. 38. Every corporation chartered by the commonwealth, or 
organized under the general laws, for purposes of business or profit, 
having a capital stock divided into shares, excepting banks whose 
shares are otherwise taxable under this chapter, and except those 
specified in sections forty-three and forty-six, shall annually, between 
the first and the tenth day of May, return to the tax commissioner, 
under the oath of its treasurer, a complete list of its shareholders, 
with their places of residence, the number of shares belonging to 
each on the first day of May, the amount of the capital stock of the 
corporation, its place of business, the par value and market value of 
the shares on said first day of May. Such return shall, in the case 
of stock lield as collateral security, state not only the name of the 
person holding the same, but also the name of the pledger and his 
residence. The returns shall also contain a statement in detail of 
the works, structures, real estate, and machinery owned by said 
corporation and subject to local taxation within the commonwealth, 
and of the location and value thereof. Railroad and telegraph com- 
panies shall return the whole length of their lines, and the length 
of so much of their lines as is without the commonwealth ; other 
corporations required to make a return under this section shall also 
return the amount, value, and location of all works, structures, real 
estate, and machinery owned by them and subject to local taxation 



Chap. 13.] taxation of corporations. loi) 

without the commonwealth : provided, that nothing herein contained 
shall exempt any corporation from making all returns required by its 
charter. 

Sect. 39. The tax commissioner shall ascertain, from the returns Taxcommis- 
or otherwise', the true market value of the shares of each corporation tiin mark?"'^ 
included in the provisions of the preceding section, and shall estimate value of Bhares, 
therefrom the fair cash valuation of all of said shares constituting its cash vaiuatiou 
capital stock on the first day of May next preceding, which shall be aLov.aiue^of'reai 
taken as the true value of its corporate franchise for the purposes of estate, etc. 
this chapter. He shall also ascertain and determine the value and la^l'ifen,' Im'. 
amount of all real estate and machinery owned bj' each corporation, 98 Mass. 19. 
and subject to local taxation, and of the deductions provided in the 125 Mass', aes! 
following section ; and for this purpose he may take the amount or 
value at which such real estate and machinery are assessed at the 
place where the same are located as the true amount or value ; but 
such local assessment shall not be conclusive of the true amount or 
value thereof. 

Sect. 40. Every corporation embraced in the provisions of scct Annual tax 
tion thirty-eight shall annuallj' pay a tax upon its corporate franchise "ranchSo™? 
at a valuation thereof equal to the aggregate value of the shares in paid by such 
its capital stock, as determined in the i)receding section, after mak- Rate, how 
iug the deductions provided for in this section, at a rate determined ucdl™"'na' 
Ity an apiiortionment of the whole amount of money to be raised by ises, ass, § 5. 
taxation upon property in the commonwealth during the same current e vC'anleefiB^. 
year, as returned by the assessors of the several cities and towns Js 'uiell' a<ii'^*' 
under section eighty-six of chapter eleven, upon the aggregate valua- 98 MaKs.'iV, 25. 
tion of all the cities and towns for the preceding year, as returned j?!^'"*'*' ^■"'' 
under sections fifty-four and fifty-five of said chapter : provided, 100 Mass. 183. 
that in case the return from any city or town is not received prior to 
the twentieth day of August, the amount raised by taxation in said 
city or town the preceding year, as certified to the secretary of the 
commonwealth, may be adopted for the purpose of this determina- 
tion ; and provided, farther, that the amount of tax assessed upon 
polls the preceding year, as certified to the secretary, may be taken 
as the amount of poll-tax to be deducted from tiie whole amount to 
be raised l>y taxation, for the purpose of ascertaiuiui;- tlie amount 
to be raised liy taxation upon property. From the valuation, ascer- 
tained and determined as aforesaid, there shall be deducted, — First, 
in case of railroad and telegraph companies, whose lines extend 
l)eyoud the limits of the commonwealth, such portion of the whole 
valuation of their capital stock, ascertained as aforesaid, as is propor- 
tional to the length of that part of their line lying without the com- 
monwealth ; and also an amount equal to the value, as determined 
by the tax commissioner, of their real estate and machinery located 
and subject to local taxation within the commonwealth : Second, in 
case of other corporations, included in section thirty-eight of this 
chapter, an amount equal to the value, as determined by the tax com- 
missioner, of their real estate and machinery, subject to local taxa- 
tion, wherever situated : provided, that, whenever the charter of a 
corporation provides a different method of ascertaining the vaiuatiou 
of its corporate franchise for the purposes of this chapter, the same 
shall be ascertained in the method provided in such charter. 

Sect. 41. In case the value of the real estate and machinery Remedy of cor- 

... 11. • 1.1 poratioQ when 

located within the commonwealth, ot any corporation, as determined tax commission, 

by the commissioner, is less than the value as determined by the reau-statel'etc°f 

assessors of the city or town where such retxl estate or machinery is less thim the 

taxable, said commissioner shall notify the corporation of such deter- commissioner 

mination, and if it does not, within one month from the date of such "/{j^i^J™ case 

notice, make application to said assessors for an abatement, and does of appeal. 



140 



TAXATION OP CORPORATIONS. [C ll.a'. 13. 



Forei^ tele- 
graph compa- 
nies, etc., using, 
etc., lines in this 
state, to make 
returns and pay 
like tax. 
1865, 283, § 7. 



Avealtb or char- 
tered elsewhere, 
etc., to make 
semi-annual 
returns and pay 
tax on capital 
stock at par 
value. 

1865, 283, § 8. 
99 Mass. 148. 



Officers and 
agents liable 
for amount of 
such tax. 



Capital stock 
not to be re- 
duced except 
upon applica- 
tion to supreme 
judicial court. 



Such companies 
also to make 
aimual report of 
business to tax 



tax of four per 
cent upon their 
net profits, 
1865, 283, § 10. 



not, in case of the refusal of said assessors to grant an abatement, 
fortliwith prosecute an appeal in accordance with the provisions of 
section seventy-one of chapter eleven, and give notice thereof to the 
tax commissioner, such determination shall be conclusive upon said 
corporation. The tax commissioner may appear before the county 
commissioners and be heard upon an)' appeal made to them, and 
the decision of the county commissioners shall be conclusive as to 
the value. 

Sect. 42. Every corporation or association chartered or organized 
elsewhere, which owns, or controls and uses, under lease or other- 
wise, a line of telegraph within this commonwealth, shall make all 
the returns prescribed in section thirty-eight to be made by telegraph 
companies within the commonwealth, excepting the list of its share- 
holders ; and shall annually jiay a tax at the same rate, and to be 
ascertained and determined in the same manner as is provided in 
section forty ; and all telegraph lines within the commonwealth con- 
trolled and used by such corporation or association, shall, for the 
purposes of this chapter, be taken and considered as part of its own 
lines. 

Sect. 43. Every corporation chartered by this commonwealth, or 
organized under the general laws, for the purpose of engaging, with- 
out the limits of the commonwealth, in the business of coal-mining 
or other mining, quarrying or extracting carbonaceous oils from the 
earth, or for the purpose of purchasing, selling, or holding mines or 
lands without the commonwealth, and every such company or asso- 
ciation, incorpoi'ated elsewhere, and having an office or place of 
business within the commonwealth for the direction of its affairs 
or the transfer of its shares, shall, semi-annually, between the first 
and the tenth day of June and December, make a return, under the 
oath of its treasurer or president, to the tax commissioner, of the 
whole amount of its capital stock, as fixed by the corporation, on 
the first days respectively of May and November next preceding, and 
shall pay to the treasurer of the commonwealth a tax of one-twen- 
tieth of one per cent upon said capital stock at the par thereof. All 
officers of such corporation, and other persons assuming to represent 
it within the commonwealth by having charge of its affairs or of books 
for the transfer of its shares, shall severally be personally liable for 
the amount of the tax imposed upon it under this section if the same 
is not paid bj' the corporation. The capital stock of any corporation 
established in this commonwealth, subject to taxation under this sec- 
tion, shall not be reduced except upon application to the supreme 
judicial court. In case of such application, written notice shall be 
giveu to the tax commissioner and to the attorney-general ten days 
at least liefore the hearing. 

Sect. 44. P^very corporation mentioned in the preceding section, 
except those not incorporated by this commonwealth, shall annually, 
on or before the tenth day of June, submit to the tax commissioner a 
report of its business for the year ending on the first daj' of INIarch 
next preceding, which report shall be signed and sworn to liy its 
treasurer and a majoritj' of its directors, and shall contain a full and 
accurate statement of its property and of all receipts and expendi- 
tures during said year in or on account of its business, and of all 
products thereof. Said report shall contain such details as shall be 
prescribed by the tax commissioner, who shall furnish to each cor- 
poration blank forms therefor. 

Sect. 45. The tax commissioner shall, from such report or other- 
wise, ascertain and determine the net profits or gains of each corpo- 
ration, from which a report is required under the preceding section, 
from its property and business during the year aforesaid, and shall 
assess a tax of four per cent upon the amount thereof. 



Chap. 13.] taxation of corporations. 141 

Sect. 46. Every corporation formed under the general laws of Corporations to 
the commonwealth to construct railroads, or railroads and telegraphs, roadlTn foreign 
in foreign countries, shall, for purposes of taxation, be subject to the "-omitries, to 
provisions of section forty-three ; but no other provisions of this and pay tax on 
chapter relating to the assessment of ta.'ces upon corporations or the J8P9|%'74_ § g. 
shareholders therein shall apply thereto. Every such corporation 
shall annually, between the first and tenth days of May, return to the 
tax commissioner, under the oath of its treasurer, a complete list of 
its shareholders, with their places of residence, the number of shares 
belonging to each on the first day of ]\Iay, the amount of its capital 
stock^ and the par value and market value of the shares on said first 
day of May. 

TAXATION OF THE PROPERTT OF CERTAIN MANUFACTURING COMPANIES, 
COPARTNERSHIPS, AND ASSOCIATIONS. 

Sect. 47. Companies, copartnerships, and other associations hav- Companies, 
ing a location or place of business within this commonwealth, in and^aSoctations 
which the beneficial interest is held in shares wliich are assignalile J?'^''^.'" '?'".*■ 
without consent of the other associates specifically authorizing such bow taxed. ' 
transfer, shall lie subject to the provisions of sections thirtj'-eight to Jos Mais'. Ii9 
forty-one inclusive, fifty-three to fifty-seven inclusive, and sixty to 527. 
sixty-six inclusive, and the tax pro\ided for in section forty shaW be 
paid by such company, copartnership, or association upon the aggre- 
gate value of the shares of said capital stock, in the manner provided 
in this chapter for taxes upon corporations taxed under section forty. 

[Unconstitutional, see Gleason v. McKay, 131 Mass. 419. | 

Sect. 48. The return required by section thirty-eight, when made how to make 

by such company, copartnership, or association, shall be made by i878™7'5, §2. 
the treasurer, agent, trustee, superintendent, or business manager of 
the same. 

Sect. 49. Every company, copartnership, or association to be books of, to 

taxed under the two preceding sections shall, when required, submit inspec'tion.'and 

its books to the inspection of the tax commissioner and assessors of otHcers, etc., to 

. .,■!, .1 -1 1 • ^ examinatiou on 

the City or town in which the same is located ; and its treasurer, agent, oath, 
trustee, superintendent, and business manager shall be subject to ^*"*' ^^'' ^ ^' 
examination on oath by the tax commissioner and asesssors in regard 
to all matters affecting the taxation of the same. 

TAXATION OF THE GUARANTY CAPITAL OP MUTUAL FIRE-INSURANCE COM- 
PANIES ORGANIZED UNDER GENERAL LAWS, AND OF SHARES IN THE 
PERMANENT FUND OF MUTUAL MARINE, AND MUTUAL FIRE AND MA- 
RINE, INSURANCE COMPANIES. 

Sect. 50. Mutual fire-insurance companies with a guaranty capi- Guaranty capi- 
tal, and mutual marine, and mutual fire and marine, insurance com- "enTfundTof 
panics with a permanent fund, shall, if organized under the general certain mutual 
laws, so far as the assessment and payment of a tax upon such guar- p^jes, how 
anty capital or permanent fund is concerned, be subject to the Jl^.^'^g^j .s n 
provisions of this chapter imposing a tax upon the franchises of 12.'' 
corporations organized for purposes of business or profit having a 
capital stock divided into shares, and shall make all such returns and 
payments, and be subject to like penalties, liabilities, and forfeitures, 
and have the same rights of appeal, required of, imposed upon, and 
given to such corporations in this chapter. 

TAXATION OF CERTAIN TRUST AND OTHER COMPANIES. 

Sect. 51. The Massachusetts Hospital Life Insurance Company J^'Jf/i'i^.VpH.'lf'' 
shall, on or before the second Mondays of May and November in Life lusmauco 



142 



TAXATION OF CORPORATIONS. 



[Chap. 13. 



Company, how 

taxed. 

1862, 224, §§ 7, 1 

1805, 2S3, § 18. 

1881, 304, § 8. 



Trust compa- 
nies, etc., how 
taxed. 

Moueys deposit- 
ed with same, 
how and where 
taxable. 
1867, 151. 
1869, 182, § 8. 

1869, 296, § 6. 

1870. 22. 

1870, 323, § 4. 

1871, 142, I) 3. 
1873, 270, § 10. 
1S73,28.J,§§6-10. 
1873, 347, §§6-10. 
1873,369, §§6-10. 
1874,373, §§8-12. 
1876, 142, § 13. 



each year, make a return, signed and sworn to by a majority of its 
board of directors, of the full amount of all moneys and property, in 
detail, in its possession or charge as deposits, trust funds, or for 
purposes of investment, and shall pay upon all the same, except upon 
deposits invested in loans secured by mortgages of taxable real 
estate, the same rate of tax imposed upon savings banks or insti- 
tutions for savings on account of deposits. If said corporation 
neglects to make the return herein required it shall forfeit fifty dollars 
for each day of such neglect, and if it wilfully makes false state- 
ments in any such return it shall be liable to pay a fine of not less 
than five hundred nor more than live thousand dollars. 

Sect. 52. All trust companies, safe deposit and trust companies, 
banking and trust companies, loan and trust companies, and other 
moneyed corporations, incorporated in this commonwealth subject to 
the provisions of any act consolidated in this chapter, shall be subject 
to the provisions of this chapter so far as the same are applicable 
thereto. Property held in trust by, and moneys deposited on interest 
or for investment with, said corporations, shall, for purposes of taxa- 
tion, and of credits to cities and towns, be governed by the provis- 
ions of their respective charters ; and said corporations shall make 
all such returns and payments, submit to such examinations, and be 
suljject to such penalties and forfeitures, as are required or imposed 
by law, or by their respective charters. 1876, 230, §§ 8-12. 1879, 152, §§ 7-10. 



sioner to notify 

treasurers of 

corporations of 

taxes assessed, 

etc. 

1865, 283, § 11. 



Penalties for re- 
fusal 'or neglect 
of corporations, 
etc., to make 
returns, or 
failure to pay 



How enforced, 

etc. 

1865, 283, § 14. 

1876, 59. 

1878, 275. 

11 Allen, 283. 



NOTICE OF TAX. PENALTIES. 

Sect. 53. The tax commissioner shall, as soon as may be after 
the first Monday in August, in each year, notify the treasurer of each 
corporation, company, copartnership, or association liable thereto, of 
the amount of its tax under sections twenty-five, forty, forty-two, 
forty-five, forty-seven, fifty, and fifty-two, to become due and paya- 
ble to the treasurer of the commonwealth within thirty days from the 
date of such notice : provided, that it shall not be due and payable 
earlier than the first day of November. Such notice shall also state 
that within ten days after the date thereof the said corporation, com- 
pany, copartnership, or association may apply for a correction of said 
tax, and be heard thereon before the board of appeal hereinafter 
established . 

Sect. 54. Any corporation, company, copartnership, or associa- 
tion taxable under the provisions of sections forty, forty-two, forty- 
three, forty-five, forty-seven, fifty, and fifty-two, neglecting to make 
the returns required by this chapter, or refusing or neglecting, when 
required thereto, to submit to the examinations provided for therein, 
shall forfeit two per cent upon the par value of its capital stock ; all 
which penalties may be recovered by an action of tort, brought in the 
name of the commonwealth, either in the county of Suffolk or in the 
county where the corporation is located. If any corporation, com- 
pany, copartnership, or association fails to pay the taxes required to 
be paid to the treasurer of the commonwealth under the provisions of 
said sections forty, forty-two, forty-three, forty-five, forty-seven, fifty, 
fifty-one, and fifty-two, he may forthwith commence an action of con- 
tract in his own name, as treasurer, for the recovery of the same, 
with interest at the rate of twelve per cent per annum until the 
same are paid. All penalties under this section, and under sections 
seven, forty-seven, fifty, and fifty-two, may also be enforced, and 
all taxes under said sections forty, forty-two, forty-three, forty-five, 
forty-seven, fifty, fifty-one, and fifty-two, may also be collected by 
information brought in the supreme judicial court at the relation of 
the treasurer of the commonwealth, and upon such information the 



Chap. 13.] taxation of coepokations. 143 

court may issue an injunction restraining the further prosecution of 
tlie bu.siness of the corporation, company, copartnership, or associa- 
tion, until all such taxes due or penalties incurred shall be paid, with 
interest at the rate aforesaid, and costs. In any proceeding under Certificate of tax 
this section the certificate of the tax commissioner or his deputy shall ^e'competent '" 
be competent evidence of all determinations made and notices given evidence, 
by him, and of all values, amounts, and other facts required to be 
fixed or ascertained by him under this chapter. 

Sect. 5o. Any corporation, company, copartnership, or associa- Corporations, 
tion which fails to make a return required by the provisions of sections fi^^unctton for 
thirty-eight, forty-two, forty-three, fortj'-four, forty-six, forty-eight, faiinre to make 
fifty, and fifty-two, shall be liable, on application of the tax com- isoe'^g'i, § i. 
missioner therefor to anj' of the justices of the supreme judicial court, J^^^' ^^\^, 
to injunction restraining the same and the agents thereof from the 
further prosecution of its business, until the returns required bj' law 
shall be made. 

Sect. 5G. The lessee of the works, structures, real estate, or Lessee of corpo. 
machinery of any corporation, company, copartnership, or associa- [i!,Mj"to'pay' 
tion taxed under sections fort}', forty-two, fortj'-three, forty-five, amount of tbe 
forty-seven, fifty, fifty-one, and fifty-two, shall be liable as well as the cm^oraUon; 
the lessor to pay the amoimt of said tax, and upon such payment may retain same 
may, in the absence of any agreement to the contrary, retain the 1865, 2S3, § ie. 
;jame out of the rent of the property, or recover the same in an action ^*'*' ~'^' 
against the lessor. 

Sect. 57. No taxes shall be assessed in any city or town for Taxes not to be 
:3tate, count}', or town purposes, upon the shares in the capital stock efockirolders of 
of corporations, companies, copartnerships, or associations, taxable certain corpora- 
under sections forty, forty-two, forty-five, forty-seven, fifty, and coi'iected'ofTc?- 
iifty-two, for any year for which they pay to the treasurer the tax on porations by the 
tlu'ir- corporate franchises or property under said sections; but such tributcd to cities 
proportion of the tax collected of each corporation, company, copart- isgo'^ss""; 15 
nership, or association, under sections fortj', forty-seven, fifty, and iseoiigi] §2.' 
fifty-two, as corresponds to the proportion of its stock owned by per- los^ass.^sig. 
jjOns residing in this commonwealth, shall be credited and paid to the 
several cities and towns where it appears from the returns or other 
e\'idence that such shareholders resided on the first day of May next 
preceding, according to the nmnlier of shares so held in such cities 
and towns respectively: iimriilrd. that in case stock is held by co- Provisos, 
partners, guardians, executors, administrators, or trustees, the pro- 
portion of tax corresponding to the amoinit of stock so held shall 
be credited and paid to the towns where the stock would have been 
taxed, under the provisions of the fourth, fifth, sixth, and seventh 
clauses of section twenty and of section twenty-four of chapter 
ele^-eu ; and provided, further, that when a town owns stock in any 
corporation taxed upon its corporate franchise under this chapter, a 
return to said town shall be made in like manner as is provided in 
the case of stock held by individuals residing in said town. 

Sect. 58. Said commissioner shall ascertain and determine the Taxcommis- 
amount due to each citv and town under the preceding section, sub- sioner to deter- 

. 1 .T ^ mine amounts 

jeet to appeal to the board of appeal constituted as hereinafter pro- due to cities and 

^■ided, and shall notify the treasurer of each city and town thereof, fromcoimn'ir''' 

and certify the amount, as finally determined, to the treasurer of the sioner'a decis- 

commonwealtli, who shall thereupon jiay over the same. 1866, 283, § 15. 

Sect. 59. Every corporation taxttlile under the provisions of sec- corporations 

tion twenty-five and of sections thirty-eight to fifty-two inclusive, J„^,"^ooks to''' 

excepting corporations taxable under section fortj'-si.x, shall, when inspection, and 

required, submit its books to the inspection of the tax commissioner, "Smination. 

and its treasurer and directors to examination on oath in regard to 1860, 283, § 17. 
all matters affecting the determinations which are to be made by said 
commissioner. 



144 



TAXATION OF COllPORATIONS. [ChAP. 13- 



Tax on corpo- 
rate franchise 
not to prevent 
or affect the 
imijosition or 
collection of 
other taxes 
authorized by 
law. 



Sect. GO. The tax on corporate franchises herein imposed upon 
any corporation sliall not affect nor prevent the imposition and 
collection of any otlier tax now authorized, or that may hereafter 
he authorized, upon any especial privilege, franchise, or business, 
enjoyed or exercised by such corporation. i865, 283, § is. 



Party aggrieved 
by decision of 
tax commission- 
er under certain 
sections may 
appeal. 

1S65, 283, § 13. 
1877, 164, § 1. 



Board of appeal, 
how constituted. 
Appeal to be 
taken within 
ten days. Board 
to hear and de- 
cide as soon as 
may be. Their 
decision final. 

Over-payments 
to be reim- 
bursed. 
1865, 2S3, § 13. 
1877, 164, § 2. 



APPEALS AND BOARD OF APPEAL. 

Sect. 61. Any party aggrieved by the decision of the tax com- 
missioner arising under the provisions of sections twenty-five to fifty- 
eight inclusive, excepting corporations named in section forty-six. 
may apply to the board of appeal constituted under the provisions of 
tlie following section for a correction of the same. 

1878, 218, 275. 18S0, 227, § 2. 100 Mass. 399. 

Sect. 62. The treasurer and the auditor of tlie commonwealth, 
together with one member of the council to be named by the govern- 
or, shall constitute a board of appeal, to which board anj' part}^ 
aggrieved by a decision of the tax commissioner upon any matter 
arising under this chapter, from his decision upon which an appeal is 
given, may apply within ten days after notice of such decision for a 
correction of tlie same. Upon such appeal said board shall, as soon 
as may be, give a hearing to such party, and shall thereupon decide 
the matter in question, and notify the tax commissioner and the party 
appealing ; and such decision shall be final and conclusive as to the 
rights of the parties affected, although payments may have been made 
as required by the decision of the tax commissioner appealed from. 
Any over-payment of tax, determined by the decision of said board 
of appeal, shall be reimbursed from the treasury of the common- 
wealth. 



When corpora- 
tion, etc., neg- 
lects to pay tax, 
how collected 



Corporation, 
etc., may try the 
legality of tax 



■W-VRR.i^NTS FOR COLLECTIOX, AND APPLICATIONS FOR RELIEF. 

Sect. G3. When any tax or excise of any kind remains due to or is 
claimed by the commonwealth from a corporation, companj', copart- 
nership, or association, whether existing by authority of this common- 
wealth or otherwise, except a municipal corporation, for the term of 
ten days after notice given through the mail by the treasurer of the 
commonwealth to its treasurer or other financial agent that such tax 
or excise is due and unpaid, the treasurer of the commonwealth may 
issue his warrant, directed to the sheriff, or his deputies, of the county 
in which such corporation, company, copartnership, or association 
has its place of business, commanding the collection of such tax or 
excise. Such warrant may be substantially in tlie form of those now 
issued by the assessors of towns, except as is hereinafter provided ; 
and the officer to whom the same is delivered for service shall proceed 
in the manner in which collectors and others serving such warrants 
are authorized to proceed. Such warrants shall not run against the 
body of any person, nor shall any propertj' of such delinquent cor- 
poration, company, copartnership, or association be exempt from 
seizure and sale thereon. The officer having such warrant shall col- 
lect such tax or excise, and interest upon the same at the rate of 
twelve per cent per annum from the time when such tax or excise 
became due, and shall be entitled to collect and receive for his fees 
the sura which an officer would be entitled by law to receive upon an 
execution for a like amount. He shall also collect one dollar for the 
warrant, which shall be paid over to the treasurer of the common- 
wealth. 

Sect. 64. Anj' corporation, company, copartnership, or associa- 
tion feeling aggrieved by the exaction of said tax or excise or of any 



Chap. 13.] taxation of corpoeatioxs. 145 

portiou thereof, may, within six months from the date of the payment paid by petmon 
of the same, whether such payment be after or before the issue of c?a1'coimin"''' 
the warrant provided for in the preceding section, file a petition to the nature of a 
the supreme judicial court, in the nature of a petition of right, set- is67,'52,°§ 2!^ 
ting forth the amount of the tax or excise, and costs thereon so paid, Ifli^^^'^g 
the general legal grounds, if any, upon which it is claimed such tax 
or excise should not have been exacted, and specLflcally the grounds in 
fact, if au}', upon which it is so claimed. Said petition shall be en- 
tered and heard in the county of fSuffolk. Service of the same shall Senice of same, 
be made upon the treasurer of the commonwealth, and the attorney- thereon. ''" 
general, in the same manner as a writ of original summons is now 
served upon an individual. The proceedings upon such petition shall 
conform, as nearly as may be, to proceedings in equity, and an abate- 
ment shall be granted therein of such portion oulj- of the tax or ex- 
cise as appears to have been assessed without authority of law. 

Sect. (j.5. If the court, upon a hearing or trial, adjudges that Tax to be repaid 
said tax or excise, aud the costs thereon, have been illegallv exacted, if adjudged to 

o J ' have been iile- 

a copy of the judgment or decree shall be transmitted by the clerk gaiiy exacted, 
of the court to the governor; and the governor shall thereupon draw issilwL^^' 
his warrant upon the treasurer of the commonwealth for the amoimt 
adjudged to have been unjustly exacted, with interest, aud costs to 
be taxed by the clerk of the court, as in equity causes ; and the treas- 
urer shall pay the same, without any further act or resolve making 
appropriation therefor. And so much thereof as has been paid out 
of the treasury of the commonwealth to any city or town may be 
deducted and set off from and against any sum afterwards due and 
payable to such city or town. 

Sect. 66. The manner of collection provided for in section sixty- Collection by 



by petition, provided in section sixty-four, shall take the place of any other methods, 

and all actions which might otherwise be maintained on account of poration, etc., ' 

the assessini'iit and collection of such tax or excise, and shall be the ^ake'the p°ace 

exclusive remedy. 1807,62, §4. 1881, iss. of au other 

Sexjt. 67. When it is made to appear to the satisfaction of the tax exciu°iv^ ^ 

commissioner that any corporation assessed under section forty-three T.axeB due from 

is doins: no business, and has taken actual measures, in good faith, to <;e"'»i° mining 

■ 1 iTi- 1 . ... -1 , coriJorations 

procure its legal dissolution, or the reduction of its capital stock, taking measures 
upon a sworn statement by its treasurer or other officer setting forth {," abated^in"*^ 
the facts and that there is no money in its treasury, and if it is made p?>^- 
to appear that it has not sufficient assets to satisfy the claim of the 
commonwealth for such taxes with the costs of collection, said com- 
missioner may in his discretion accept for the commonwealth, in satis- 
faction and composition of all such assessments due and the interest 
thereon, a sum not less than ten per cent of the amount of the assess- 
ments due ; and upon his certifying to the treasurer of the common- 
wealth the said composition and the amount to be paid thereunder, 
and upon payment thereof, the officers and stockholders shall be dis- 
charged from liability to the commonwealth for the amount of such 
assessments. 



146 



THE IVULITIA. 



[Chap. 14. 



TITLE lY. 



CHAPTER 14. 



OF THE JHLITIA. 



persons srbject to military duty. 
Sbction 

1. Persons to be enrolk'd in militia. 

2. Exemptions from cnrolmt-nt. 

3. Quakers and Shakers cxemiited from en- 
rolment. 

4. Penalties for giving false certificate. 

5. Members of fire department may be ex- 
empted from duty. 

6. Enrolled ralUtla subject to no active duty 
except in case of war, etc. 

THE ENROLaiENT OF PERSONS SUBJECT TO 
MILITARY DUTY. 

7. Assessors to make list of persons liable to 
enrolment. 

8. Keepers of taverns and masters of dwell- 
ing-houses to give names to assessors. 

THE CALLING OUT AND ORGANIZING THE 

ENROLLED MILITIA TOR ACTIVE DUTY. 

9. Calling out enrolled militia for active duty. 

10. Penalty for not appearing when drafted. 
Militia accepted to be mustered into senice 
for three years. Election of officers. 

THE STAFF OF THE COMMANDER-IN-CHIEF, 
AND THEIIl DUTIES. 

11. Stafi* of commander-in-chief. 

12. Adjutant-general to distribute all orders 
from commander-in-chief; to make annual 
report; to inspect armories once a year, etc. 

13. Adjutant-general's salary, and clerks and 
assistant clerks, etc., in quartermaster's 
department, 

14. Quartermaster-general to give bond with 
sureties; to have care of camp-ground and 
arsenals. May allow for repairs of uni- 
forms and equipments. Target practice. 

15. Penalty for purchasing, etc., tools, etc., 
branded. 

16. Inspector-general to inspect militia at en- 
campments and at armories. Ins2)cctions 
■with reference to disb:mdment to be made 
on orders of commander-in-chief. Inspect- 
or-general, etc., to act under governor, and 
assistant inspectors under their generals. 

17. Surgeon-general, salary and duties. 

18. Judge-advocate -general. 

19. jVnnual reports. 

20. Officers not to be pecuniarily interested in 
purchase or sale of articles. 

THE VOLUNTEER 3IILITIA ; ITS ORGANIZA- 
TION AND DISBANDMENT. 

21. Activemilitiato be composed of volunteers. ' 



SECTION 

'22. Infantry, cavalry, light artillery, and cadets, 

23. to be arranged into brigades and regi- 
ments, etc. 

24. Organization of new companies. 

25. Brigadier-general and staff. 

26. Field and staff officers of regiment. 

27. Major and staff officers of battalion. 

2S. Company officers. Infantry. Cavalry. 
Battery of Ught artillerj-. 

29. Cadets. 

30. Hegiraental and battaUon bands. 

31. "What officers and soldiers entitled to be 
mounted. 

32. Disbaudment. 



33. EligibiUty to election or appointment to 
office. 

34. Commissioned officers to take rank accord- 
ing to date of commissions. 

35. Appointment of staff officers. 

36. Election of line officers. 

37. Elections of brigadiei--generals. 

38. Election of company officers not to be 
ordered until minimum number of men is 
enlisted, etc. 

39. Vacancies in company officers to be filled 
before election of field officers. 

40. Elections to be held at convenient places. 

41. Notice of elections. 

42. Officers ordering elections may preside, or 
detail officer of suitable rank. 

43. Presiding officer to keep record, and make 
return to the adjutant-general. 

44. Certified roster or roll to be furnished to 
presiding officer. 

45. Majorityofelectors to be present and voting, 

46. Adjournment of elections. 

47. Failing to elect, facts to be reported to 
adjutant-gener.al. 

48. Election by a majority vote. 

49. Acceptance or decUnation to be made 
within six days of election. 

50. Upon refusal to accept at the meeting, 
another election may be had. 

51. Acceptance of new office shall vacate the 
ofllce previously held. i 

52. Upon neglect to fill vacancy, commander- 1 
in-chief may appoint. 

53. Company ■without officers, refusing to 
elect, to be disbanded. 

54. Officers to appear before examimng board. 
Oflicer faiUng to appear or to pass exami' 
nation to be discharged. 



I 



i 



Chap, l-t.] 



THE MILITIA. 



147 



Section 

bb. Oaths of office. Qualify! 
tificate of qualification. 



I officers. Cer- 



THE APPOINTMENT AND REDUCTION OF NON^ 
COMMISSIONED OFFICERS. 

56. Non-commissioned officers. Appointment, 
May "be reduced to the ranks. 



57. Enhstment and muster-in of soldiers. 

58. Privates, 

59. Recruiting officers. 

60. Form of enlistment roll. 

61. Oath administered by mustering officer. 

62. Muster-in of enlisted man may be forbid- 
den by regimental or battalion commander 

63. Enlistment in another orgajiization before 
terra of service expires forbidden. 

THE DISCHARGE OF COMMISSIONED OFFICERS. 

64. Discharge of officer upon sentence of court- 
martial, etc. 

65. upon failure to pass examination. 

66. upon resignation, disbandment, etc. 

67. Dismissal for crime, or sentence of court- 
martial. 

68. Certificate of discharge. 

THE DISCHARGE OF ENLISTED MEN. 

69. Discharge of enhsted men. 

70. Dishonorable discharge, upou sentence of 
court-martial. 

71. Certificate to state reason of discharge. 

ARMS, UNIFORMS, AND EQtnPMENTS. 

72. Commissioned officers to provide them- 
selves with such uniforms as prescribed by 
the commander-in-chief. 

73. Every organization to be furnished by the 
state with arms, uniforms, and equipments. 

74. Uniform of the volunteer militia. 

75. Uniforms, etc., to remain the property of 
the state, and he used for military purposes 
only. 

76. Officer to make annual return of all prop- 
erty for which he is accountable. 

77. Military property to be deposited in armo- 

78. All military property issued for use in scr- 
\ice to be returned to armory within three 
days after tour of duty. 

79. Soldier not to wear uniform except upon 
duty. 

30. Responsibility for care and return of mili- 
tary property. 

81. Penalty for injury to property. 

82. Commissioned officers liable to trial by 
court-martial for damage to property 
caused by their neglect. 

83. Officer accountable for articles received for 
mihtary use. 

84. Liability of officers upon disbandment of 
organization. 

35. to continue until notice given that prop- 
erty accounts are correct. 

86. Adoption of uniform other than that pre- 
scribed by section seventy-four. 

87. Volunteer organizations may own and con- 
trol personal property. 



Section 

8S. Loard to inspect and condemn pubUc mili- 
tary property. 

89. Military committee of legislature to visit 
annually arsenal and camp-ground. 

90. Governor may lend tents, etc., to military 
schools, etc. 

91. Equipage may be lent to the Grand Army 
of the Republic. 

ARMORIES. 

92. Armories to be provided by cities and 
towns, rieadquarters to be provided. 
Fiu-I and lights to be furnished. 

93. Drill-hall to be provided when two or more 
companies of a battalion are in same place. 

94. Money may be raised by taxation for build- 
ing aiTUorics. 

95. Location of armory when company is 
formed from different places. 

96. Armories to be used for military purposes 
only. 

97. Officers to have control of armorj-- during 
period of occupation. Penalty for molest- 
ing troops. Proviso. 

98. Amount paid for rent to be cei-tified, under 
oath, to the adjutant-general. 

99. Claims for rent to be audited by adjutant- 
general. 

TOURS OF DUTY, INSPECTIONS, AND DRILLS. 

100. Volunteer militia to be called upon, in case 
of invasion or insurrection. 

101. Troops may be ordered out in case of riot 
or tumult. FoiTn of precept. 

102. Officer to forthwith order troops to parade. 

103. Penalty on officer for neglect. 

104. Troops to appear armed and equipped. 

105. Officer may be detailed to command, if 
company is without officers. 

106. Carriages to be provided to attend with 
supplies. 

107. \Vlien entire volunteer force has been called 
out, enrolled miUtia shall be taken. 

108. Annual parade for inspection and drill in 
May or June. 

109. Encampment for five days. 

110. Encampments to be held at state camp- 
ground unless otherwise directed by com- 
mander-in-chief. 

111. Troops to be exercised, inspected, and 
reviewed. 

112. Judge-advocate to attend encampment, and 
have the jurisdiction of a municipal court. 

113. Company may be ordered to parade with 
view to disbandment. 

114. Notice for appearance for duty. 

115. Orders may be delivered by enlisted men. 

116. Meetings of officers for instruction in tactics 
and the customs of the service. 

117. Escort duty. 

118. Companies or officers may be assembled 
for evening drill or instruction. 

119. Company and battalion drills. 

120. No voluntary parade without permission. 

121. Bounds of parade may be fixed by com- 
manding officer. Punishment for intrusion. 

122. Penalty for molesting troops while on duty 

123. Troops to have right of way in the streets. 

124. Soldier may be put under guard for mili 
tary offence. 



148 



MILITIA — PEKSONS SUBJECT TO DUTY. [ChAP. 14. 



Section 

125. Personal eervice necessary to be entitled to 
compensation. 

126. Parades not to be held on election day, 
except in case of riot. 

127. Certain associations in addition to the 
militia may parade in public with arms. 
Associations composed of soldiers. Stu- 
dents in educational institutions. 

128. Penalty for parading contrary to law. 

EXCUSES FOR NON-PERPORMANCE OF DUTY. 

129. Excuse from duty on physician's certificate 
of disability. Excuse for absence from 
camp duty, drills, and inspection. 



130. Compensation of officers and soldiers. 
Inspection in May or June. Encampment 
for five days. Invasion, insurrection, or 
riot. Escort duty. Assistant adjutant- 
general and adjutant. Officer detailed to 
perfoiTu duty of another. 

131. Allowance for travel. 

132. Allowance for transportation of horses. 

133. No allowance for transportation not actu- 
ally employed. 

J34. Transportation, forage, and subsistence. 

135. Allowance for incidental expenses at head- 
quarters. 

136. Fee for appearing before courts of inquiry 
or courts-martial under summons. 

COURTS OF INQUIRT AND COURT S-3IABTIAL. 

137. Courts of inquiry for investigating conduct 
of officers. 

138. to report evidence, etc., when required, 
to commander-in-chief. 

139. General courts-martial for trial of com- 
missioned oflicers. 

140. Regimental courts-martial for trial of non- 
commissioned officers and privates. 

141. Proceedings to conform to the regulations 
established for government of the militia. 

142. Proceedings and sentence to be forwarded 
to officer competent to review the same. 

143. President and judge-advocate may sum- 
mon witnesses and administer oaths. 

144. Penalty for failing to serve summons, or 
on witness failing to appear. 



Section 

145. Oftcnces for which comraiisioned officer 

may be tried by court-martial. 
140. Offences for which enlisted man may be 

tried. 

147. Not to be tried for an offence committed 
more than two years before issuance of 
order for trial. 

148. TVTien in ser\'ice for suppressing riot, etc., 
to be governed by the articles of war. 

COMPANY EY- 

Constitutional articles of agreement may 
be adopted, subject to the approval of the 
commander-in-chief. Provisos. 
Fines established under articles of agree- 
ment or by-laws. 

general provisions. 

Regulations for government of miUtia. 

United States system of discipline, etc., to 

be observed by the militia. 
. E.xeiuptiou from jury duty. 
, Not to be arrested on civil process while on 

duty. 
, Relief for injuries received in service. 
, Military accounts to be transmitted to 

adjutant -general on or before the fifth day 

of January. 
, Paymasters to take vouchers for payments, 

and file in the treasuiy an account of their 

payments, 
to give bond with sureties. 
, Any ofiicer to whom military property is 

issued may be required to give bond. 
, Rolls of officers and enlisted men to be 

made on the first day of June, and forwarded 

to the adjutant-general within twenty days. 
. Athuinistration of oaths by officers. 
, Mustering oflicers of cadets. 
, Rights of the Ancient and Honorable Ar- 
tillery Company not affected. 
. Construction of the words ** soldier" and 

*' company." 
. Penalty on civil officers for neglect. 
. Officer to turn over property and records 

to immediate successor. 
. Troops not to leave the state without per- 
mission of commander-in-chief. 
. Militia in service to receive same pay as 

United States regular troops. 



I 



Persons to be 
enrolled in 
mililia. 
1878, 265, § 1. 
U. 8. Rev. St8. 
§ 1625. 

14 Gray, 614. 
1 Pick. 194. 

3 Pick. 262, 606. 

15 Pick. 7. 

21 Pick. 330. 

22 Pick. 571. 

Exemptions 
from enrolment. 
1878, 265, § 2. 
U. S. Eev. Sts. 
§1629. 

4 Mass. 239. 

13 Mass. 316. 

14 Mass. 394. 
17 Mass. 49. 



PERSONS SUBJECT TO MILITARY DUTY. 

Section 1. Every able-boclied male citizen, resident within this 
state, of the age of eighteen years and under the age of forty-five 
years, excepting persons exempted by sections two, three, and live, 
and idiots, lunatics, common drunkards, vagabonds, paupers, and 
persons convicted of any infamous crime, shall be enrolled in the 
militia. Persons so convicted after enrolment shall forthwith be 
disenroUed ; and, in all cases of doubt respecting the age of a person 
enrolled, the burden of proof shall be upon him. 23 rick. 54. 

Sect. 2. In addition to the persons exempted from enrolment in 
the militia by the laws of the United States, the persons herein- 
after mentioned shall also be absolutely exempted from enrolment ; 
viz., — 

Justices and clerks of courts of record ; registers of probate and 
insolvency ; registers of deeds and sheriffs. 



Chap. 14.] militia — exkolmext. 149 

OfBcers who have held or may hold commissious in the regular or i Pick. 26i. 
volunteer anny or navy of the United State.s. 23Pick. 208. 

OfHeers who have held, for a period of li^■e years, commissions in 
the militia of this or any other state of the United States, or who 
have l>een superceded and discharged, or who held commissions in 
any organization of the Massachusetts volunteer militia at the time of 
its disbandment. 

Ministers of the gospel and practising physicians. 

Superintendents, officers, and a.ssistants emplo3'ed in or about either 
of the state hospitals, state almshouses, state prisons, jails, or houses of 
correction ; keepers of liglit-houses ; conductors and engine-drivers 
of railroad trains ; seamen actually employed on board of any vessel, 
or who have been so emploj'ed within three months next preceding 
the time of enrolment. 

Sect. 3. Every person of either of the religious denominations of Quakers and 
Quakers or Shakers, who, on or before the first Tuesday in j\Iay, emmed^frmn 
annually, produces to the assessors of the city or town in which he tmoimem. 
resides a certificate signed by two or more of the elders or overseers i2'M'a'ss!'44i.' 
(as the case maybe) and countersigned by the clerk of the society I'^ase. 351. 
with which he meets for public religious w-orship, shall be exempted 
from enrolment. The certificate shall be in form as follows : — 

We, tlie subscribers, of the society of the people called in the 

of , in the county of , do liereby certify that is a 

member of our society, and that he frerjuently and usually attends religious 
worship with said society; and we believe he is conscientiously scrupulous of 
bearing arms. 

A. B. , I Elders or Overseers, 

E. F., Clerk. C. D., j (as the case may be.) 

Sect. 4. If elders or overseers of a society of Quakers or Shakers Penalties for 
give the certificate provided in the preceding section to a person who cTrtmcate''' 
tloes not profess the religious faitli of their society, or who is not a 1*78, 265, § i. 
member thereof, or who is not conscientiously scrupulous of bearing 
arms, each elder or overseer so offending shall forfeit two hundred 
dollars to the use of the commonwealth, and be imprisoned not 
exceeding six months ; and any person claiming to be exempted from 
em-olment by virtue of such a certificate, who does not profess the 
religious faith or is not a member of the societj' named therein, or 
who is not conscientiously scrupulous of bearing arms, shall be liable 
to the same peualty. 

Sect. 5. Euginemen or members of the fire department in a city Members of fire 
or town shall be exempted from military duty by fortliwith filing with be'exemp"ed""" 
the assessors of the city or town in which they reside a certificate that f™™ duty, 
they are euginemen or members of the fire dei)aitment as aforesaid, u Mass. '374.' 
signed Ijy the mayor and aldermen or fire commissioners of such city, ^ ^"^'^- "^^■ 
or the selectmen of such town ; but when a member of a volunteer 
company is, after his enlistment, appointed an engineman or member 
of the fire department, it shall not vacate his enlistment. 

Sect. 6. The enrolled militia shall be suliject to no active duty, Enrolled miiiti.i 
except in case of war, invasion, the prevention of invasion, the sup- uvedmj°e'x'eei')i 
pression of riots, and to aid civil officers in the execution of the laws in case of war, 
of the commonwealth. 1878, 265, § 6. 

the enrolment of persons subject to military duty. 

Sect. 7. Assessors shall annually, in Mayor June, make a list Aiseesorsto 
of persons living within their respective limits liable to enrolment, "ereonfuabie 
and place a certified copy thereof in the hand of the clerks of their •o.'?'";°'™™J- 
respective cities and towns, who shall place it on file with the records ' '" 



150 



MIHTIA STAFF OF COJDIANDER-IN-CHIEF. [ChAP. 1-1. 



Keepers of tav- 
erns and masten 
of dwelling- 
houses to give 
names to assess 



of such city or town, and annually, in May, June, or July, transmit 
returns of the militia thus enrolled to the adjutant-general. 

Sect. 8. Keepers of taverns or boardiug-houses, and masters and 
mistresses of dwelliug-houses, shall, upon application of the assess- 
ors within whose bounds their houses are situated, or of persons act- 
ing 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 keeper, master, mistress, or person, refuses to give such infor- 
mation, or gives false information, such keeper, master, or mistress, 
shall forfeit twenty dollars, and such person shall forfeit twelve 
dollars, to be recovered on complaint of either of the assessors. 



Calling out en- 
rolled militia for 
active duty. 
1878, 265, § 9. 



Penalty for not 
appearing when 
drafted. 
1878, 265, § 10. 



Militia accepted 
to be mustered 
into 



CALLING OUT AND ORGANIZING THE ENROLLED MILITIA FOR ACTIVE 
DUTY. 

.Sect. 9. When it is necessary to call out any portion of the 
enrolled militia for active duty, the commander-in-chief shall direct 
his order to the mayor and aldermen of cities, or to the selectmen of 
towns, who, upon receipt of the same, shall forthwith, by written or 
oral notice to each individual, or liy proclamation, appoint a time and 
place for the assembling of the enrolled militia in their city or town, 
and shall then and there proceed to draft as many thereof, or to accept 
as many volunteers, as is required by the order of the commander-in- 
chief, and shall forthwith forward to the commander-in-chief a list 
of the persons so drafted or accepted as volunteers. 

Sect. 10. Every member of the enrolled militia ordered out, or 
who volunteers or is detached or drafted, under the provisions hereof, 
who does not appear at the time and place designated by the mayor 
and aldermen or selectmen, or who has not some able-bodied and 
proper substitute at such time and place, or does not pay to such 
maj'or and aldermen or selectmen, for the use of the commonwealth, 
seveutj'-flve dollars within twentj'-four hours from such time, or 
who does not produce a sworn certificate, from a physician in good 
standing, of physical disability to so appear, shall be taken to be a 
deserter, and dealt with aceordinglj-. 

The portion of the enrolled militia so accepted shall be immediately 
mustered into the service of the commonwealth for three years, or 
such less period as the commander-in-chief may direct, and shall be 
organized into companies, which may he arranged in battalions or 
regiments, or assigned to orLiaiiizatidiis of the \oliinteer militia already 
existing. Such new oi-gaiiizatioiis shall be ollicered, equipped, trained, 
and governed, according to the laws for government of the volunteer 
militia. 

Elections shall forthwith be ordered in such new organizations by 
the commander-in-chief, who may detail officers to train and command 
tliem until the officers elect ha\e qualified, and have passed the exami- 
nation required by section fifty-four. 



.Staff of com- 
' niander-in-ehief. 

1878, 265, § 11. 

1879, 96. 



THE STAFF OF THE COMiMANDER-IN-CHIEF, AND THEIR DUTIES. 

Sect. 11. The staff of the commander-in-chief shall consist of 
an adjutant-general, with the rank of major-general, who shall be ex 
officio chief of staff, an inspector-general, a quartermaster-general, a 
commissary-general, a surgeon-general, and a judge-advocate-general, 
each with the rank of )irigadier-geiieral. who shall take precedence in 
the order named, and four aides-de-camp, each with the rank of 
colonel, and such additional officers of the staff as the public service 
m ly require, with such rank as the commander-in-chief may desig- 



Chap. 14.] mu.itia — .staff of commander-ix-chief. 151 

uate. They shall be commissioned, and hold office until their success- 
ors are appointed and qualified, but may be removed at any time by 
the commander-in-chief. In times of peace, unless otherwise directed 
liy the commander-in-chief, tlie adjutant-general shall be inspector- 
general, quartermaster-general, commissary-general, and chief of ord- 
nance. 

Sect. 12. The adjutant-general shall distribute all orders from Adjutant gen- 
tlie commander-in-chief ; attend all public reviews when the command- airoMiS'iVom "^ 
er-in-chief reviews the militia or any part thereof ; obey all orders commaudci-iu- 
from him relative to carrying intij execution and perfecting the sys- isTs.'seo, § 12. 
tem of military discipHnc estalilishcd by the laws of the state and of 
the United states ; furnish lihtnk forms for the different returns and 
rolls as may be leqnired ; receive from the several officers of the dif- 
ferent corps througliout the state returns of the militia under their 
command, reporting the actual condition of their uniforms, arms, ac- 
coutrements, and ammunition, their delinquencies, and every other 
thing which relates to the advancement of good order and discipline, 
all of which the several officers of the volunteer militia are hereby 
required to make, so that the adjutant-general may be furnished there- 
with ; and from all said returns he shall make proper abstracts, and 
lay the same annually before the connnauder-in-chief ; and he shall 
annually, on or before the first JNIonday in January, make a return in to make an. 
duplicate of the militia of the state, with the condition of their uni- "uai lepoit. 
forms, arms, accoutrements, and ammunition, according to such di- 
rections as he may receive from tlie secretary of war of the United 
States, one copy of wliich he shall deliver to the commander-in-chief, 
and the other of which he shall transmit to the president of the United 
States. He shall, once in each year, inspect each armory, drill-hall, to inspect 
and headquarters provided for the volunteer militia. He shall also, year, and piose- 
sultject to the order of the commander-in-chief, attend to the prosecu- ehafmT''^'^'^*' 
tion of soldiers' claims. isVg, in, § 2. 

Sect. 13. He shall receive a salary of twenty-five hundred dollars Salary of adju- 
a year, and may employ five clerks, one at a salary of eighteen hun- ^'J'Jfeievks 
dred dollars a year, two at sixteen hundred dollars each a year, and and as6i_etants, 
two at twelve hundred dollars each a year, and a messenger at a sal- 1879,' lg^'. 
ary of eight hundred dollars a year. He may employ such additional clerks, etc., in 
clerks and other assistants as may be necessary to conduct the business depaiiments^"^'* 
of his department, and such persons as may be necessary in the quar- 
termaster's and ordnance bureau, at an expense, in all, not exceeding 
five thousand five hundred dollars a year. 

Sect. 1-1. The quartermaster-general shall give bond to the state QuartermaBter- 
in the penal sum of twenty thousand dollars, with two sureties at least, boij"with lure- 
to be approved by the governor 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 com- 
monwealth committed to his custody ; and to account for and deliver 
over to his successor, or to any other person authorized to receive the 
same, such stores and property. 

The commander-in-chief may require the duties imposed upon the 
quartermaster-general to be performed by any member of his staff, 
who shall in that case give bond to the state in like manner as is 
required of the quartermaster-general. 

The quartermaster-general, under the orders of the commander-in- to have care 
chief, shall have the care and control of the state camp-ground, of all and'^arsenlJi™'"* 
state arsenals and magazines, of the soldiers' burial lot and monu- G- s. s, § 12. 
ment at Dedham, and of all military property of the state, excepting 
such as is by law expressly intrusted to the keeping of other officers. 
He shall purchase and issue all arms, ammunition, clothing, camp- 
equipage, and military supplies and stores of every description, except 



152 



MILITIA STAFF OF COMJIANDEE-IN-CHIEF. [ChAP. 14. 



Quartermaster- 
general may 
allow for repairs 
of uniforms and 
equipments. 

Target practice. 



Inspector-gen- 
eral to inspect 
militia at en- 
campments. 
1878, 265, § 14. 
1881, 277, § 6. 
Inspections at 
armories, etc. 



Inspections with 
reference to dis- 
baudmeut to be 
made on orders 
of oommander- 
in-cbief 



Inspector-gen- 
eral, etc., to act 
under governor, 
and assistant 
inspectors under 
their generals. 



Surgeon- 
general. 
Salary and 
duties. 

1878, 265, § 15. 
1880, 40. 



surgical iiistrumeiits and medical supplies ; he shall procure and pro- 
vide means of transport for the militia, and for all its implements, 
munitions of war and military supplies, such transportation to be in 
kind whenever practicable. He is authoiized to recei^-e into the store- 
house at the state camp-ground, from the several militia organiza- 
tions, suoli articles of personal property used for military camping- 
purposes as can be accommodated therein ; these articles shall bo re- 
ceived and delivered at the expense of the owners thereof, and held 
at such owners' risk. He shall at the public expense also provide 
suitable places for the safe keeping of all munitions of war, intrench- 
ing tools, and all other implements of war, and shall have the care 
and management of all lands held bj' the commonwealth for military 
uses. Such tools and implements shall be designated as the property 
of the commonwealth by suitable permanent brands or marks on each 
of them. 

He may allow proper accounts annually for the repairs of uniforms 
and equipments ; and, for the benefits to be derived from the accom- 
modations which may be provided at the state camp-ground for target 
practice, he is hereby authorized to allow, twice each year, to the 
officers and enlisted men of the volunteer militia, a sum not to exceed 
two cents per mile for travel to and from the state camp-ground. For 
target practice upon such occasions he may issue a reasonable amount 
of ammunition. 

Sect. 15. Whoever purchases, retains, or has in his possession, 
any tool or implement marked or branded as provided in the pi'eceding 
section, and not delivered to him by a person thereto authorized, shall 
be punished by fine not exceeding ten times the value of such tool or 
implement. 

Sect. 16. The inspector-general, his assistants, or such other offi- 
cers as the commander-in-chief shall indicate, shall inspect, once in 
each 3'ear, and oftener if the commander-in-chief shall deem it neces- 
sary, all armories and all state property in the hands of the militia. 

The inspector-general, or his assistants under his orders, may in- 
spect any organization at any time when the troops thereof are under 
arms, or in attendance at their armories ; but such inspections shall 
not constitute tours of dutj' for which pay shall be allowed. 

Inspections with reference to disbandment, or on account of alleged 
inefficiency or irregularity, shall be made on specific orders of the 
commander-in-chief. Such orders shall clearly set forth their objects, 
and shall be exhibited to the officers whose commands or affairs are 
to be examined or reported upon ; and every opportunity shall be 
given tliem to make explanation, at the time, of all apparent neglect 
or violation of regulations. Such inspections, ordered by the com- 
mander-in-chief, shall constitute tours of duty for which pay shall be 
allowed. 

The inspector-general and his assistants shall act under the orders 
of the commander-in-chief. Assistant inspectors-general of brigades 
shall act under the orders of their generals, and shall not be interfered 
with l)y other officers, of whatever rank or position, belonging to the 
commands of the officers on whose staffs they are ; their sphere of 
inquiry shall include every branch of military affairs, but may in 
special cases be defined and limited by orders. 

Sect. 17. The surgeon-general shall receive a salary of twelve 
hundred dollars a year ; and, subject to the orders of the commander- 
in-cliief , shall have general supervision and control of all matters per- 
taining to the medical department of the militia, and shall prescribe 
the physical and mental disabilities exeinptiiig from niilitaiy duty ; he 
shall purchase and issue all medical and hosjiital supplies, and perform 
such other duties appertaining to his office as the commander-in-chief 
shall from time to time direct. 



Chap. 1-1.] militia — organization and disbandjient. 153 

Sect. 18. The judge-advocate-general shall be, ex officio, chair- Judge-advocate- 
uuiu of the examiuiug board established by section fifty-four ; shall fsTsTaei, § is. 
review all proceedings of courts-martial which require the action of 
the commander-in-chief, reporting thereon in writing ; shall bring 
such suits as may be required under provisions of this chapter ; and 
shall be the legal adviser of the military department of the common- 
wealth in such matters pertaining to the government of the militia as 
may be referred to him by the conunnnder-in-chief. 

Sect. I'J. The inspector-general, surgeon-general, judge-advocate- Annual reports. 
general, and all other officers of the staff of the commander-in-chief ^*'*' "®*' ^ ^'' 
who are, or may be, required to make annual reports, shall forward 
the same to the adjutant-general on or before the fifth day of January 
in each year, for the year preceding ; such reports shall be published 
by him with his annual report to the commander-in-chief. 

Sect. 20. Neither the adjutant-general, inspector-general, quar- officers not to 
termaster-general, commissary-general, or surgeon-general, nor any J'ntJ're8'ted''iii'^ 
assistant of either of them, whether appointed or detailed to act as purchiise or eaio 
such, nor any surbordinate officers of their departments, shall be inter- ists, 265T§ is. 
ested, directly or indirectly, in the purchase or sale of any article 
intended for, making a part of, or appertaining to, their respective 
departments, except for and on account of the commonwealth ; uor 
shall they or either of them take or supply t<j his or their own use any 
gain or emolument for negotiating or trunsat'ting any business in their 
respective departments, other than what is or may be allowed by law. 

THE volunteer milttia ; its organization and disbandment. 

Sect. 21. The active militia shall be composed of volunteers, and Active mmtia to 
shall be designated the Massachusetts Volunteer Militia, and shall voiunSr** °' 
first bo ordered into sei-vice to resist invasion, quell insurrection, aid isTS, 266, § 19. 
in the suppression of riots, to aid civil officers in the execution of 
the laws of the commonwealth, or in time of iniblic danger. 

Sect. 22. In time of peace the volunteer militia shall consist of infantry, cavai- 
not more than sixty companies of infantry, three companies of cav- f,?ry,'|nd''cadets. 
airy, three batteries of light artillery of four guns each, and two corps isv's, mb, § 20. 
of cadets. 

Sect. 23. The commander-in-chief shall arrange the artillery, to be arranged 
infantry, and cavalry into regiments, battalions, and, when necessary, "lareitaents, 
unattached companies, and not more than two brigades. There shall etc. _ 
be not more than six regiments of two or three battalions of four n Mass. '386. ' 
companies each, of infantry. 4 Pick. 26. I6 Mass. 623. 

Sect. 24. Petitions for organizing volunteer companies may be Organization of 
granted by the commander-in-chief, due regard being had to a proper 5'§7",'2°a",'§™2';''' 
distribution of the force through the commonwealth ; but no new n Alien,' S8. 
company shall be organized, except as provided in section ten, if 
thereby the whole number of companies exceeds the number estab- 
lished by law. 

Sect. 25. To each brigade there shall be one brigadier-general, Briradier-gen- 
wnose staff shall consist of one assistant adjutant-general, one medi- isTsrsM.'s'ffi. 
cal director, each with the rank of lieutenant-colonel ; one assistant 
inspector-general, with the rank of major, who shall be paymaster and 
mustering officer for unattached companies of such brigade ; one 
brigade cjuartermaster, one engineer, one judge-ach'ocate, one pro- 
vost-martial, and two aides-de-camp, each with the rank of captain. 
There shall also be allowed to each brigade the following non-com- 
missioned staff officers ; viz., one brigade sergeant-major, one brigade 
quarteiTnaster-sergeant, one brigade hospital steward, one brigade 
provost-sergeant, one brigade bugler, one brigade color-bearer, and 
two brigade sergeant-clerks. 



154 



MILITIA — ORGANIZATION AND DISBANDJIENT. [ChAP. 14. 



Field and Btaff 
oflicers of regi- 

18V8,'-266, § 24. 



Maior and etaff 
ofti'cci-s of bat- 
talion. 
1878, 265, § 25. 



Infantry. 
1878, 266, § 26. 



Battery of light 
artilleiy. 



Cadets. 

1878, 265, § 27. 



Regimental and 



Sect. 26. To each regiment there shall be one colonel, one lieu- 
tenant-colonel, one major for each battalion, and a staff to consist of 
one surgeon with the rank of major, one adjutant, one quartermaster, 
one paj'master who shall be the mustering officer, and one assistant 
surgeon, each with the rank of first lieutenant, and one chaplain. 
There shall also be a non-commissioned staff as follows : one ser- 
geant-major, one quartermaster-sergeant, one hospital steward, and 
one drum-major. 

Sect. 27. To each separate battalion of artillery or cavalry there 
shall be one major, and a staff to consist of one surgeon with the rank 
of major, one adjutant, one quartermaster, one paymaster who shall 
be the mustering officer, and one assistant surgeon, each with the rank 
of first lieutenant, and one chaplain. There shall also be a non- 
commissioned staff as follows : one sergeant-major, one quarter- 
master-sergeant, one hospital steward, and one chief bugler and two 
guidon-sergeants . 

Sect. 28. To each company of infantry there shall be one captain, 
one first lieutenant and one second lieutenant, one first sergeant, four 
sergeants, four corporals, two musicians, and not more than forty- 
eight privates ; and the minimum numljer of enlisted men shall be 
forty-one. 

To each company of cavalry there shall be one captain, one first 
lieutenant, one second lieutenant, one first sergeant, one quartermas- 
ter-sergeant, four sergeants, five corporals, (one of whom shall be 
the guidon,) two buglers, and not more than sixty-four privates ; and 
the minimum number of enlisted men shall be fifty-six. 

To each battery of light artillery of four guns there shall be one 
captain, two first lieutenants, one second lieutenant, one first sergeant, 
one quartermaster-sergeant, four sergeants, nine corporals, (one of 
whom shall be the guidon,) two buglers, and not more than sixty-six 
privates ; and the minimum number of enlisted men shall be fifty- 
seven. 

To each battery of more than four guns there shall be for each 
additional gun one sergeant, two corporals, and not more than sixteen 
nor less than nine privates ; for each additional two guns there shall 
be one additional second lieutenant. 

To each unattached company of cavalry or battery of light artil- 
lery there may be a staff to consist of one assistant surgeon with the 
rank of first lieutenant, and a non-commissioned statT to consist of 
one hospital steward. 

Sect. 29. To each corps of cadets there shall lie one lieutenant- 
colonel, one major, and a staff to consist of one surgeon with the 
rank of mtijor, one adjutant, one quartermaster, one paymaster who 
shall lie the mustering officer, and one assistant surgeon, each with 
the rank of first lieutenant, and one chaplain ; there shall also be a 
non-commissioned staff as follows: one sergeant-major, one quarter- 
master-sergeant, one hospital steward, and one drum-major ; and 
there shall be such numlier of line officers, not to exceed four 
captains, four first lieutenants, and four second lieutenants, and of 
non-commissioned officers, musicians and pri^-ates, as the commander- 
in-chief shall deem expedient for instruction in the school of the bat- 
talion. 

These corps of cadets shall be instructed, armed, and equipped as 
the commander-in-chief shall direct, and shall receive the same com- 
pensation and allowances as separate battalions of infantry ; they 
shall remain unattached, subject only to the orders of the commander- 
in-chief, except in case of precept as provided in section one hun- 
dred and one. 

Sect. 30. The commander of a regiment, separate battalion, corps 



Chap. 14.] militia — commissioned officei;s. 155 

of cadets, or unattached company, may employ or raise by enlistment battalion bands. 
a baud of musicians, not to exceed eighteen in number, to be under ^*''' ^®"' ^ '^' 
his direction and command. Such musicians while on duty shall be 
subject to all the laws and regulations for the government of the 
militia, except that they need not be mustered in as prescribed for 
enlisted men. 

Sect. 31. The following officers and soldiers, and none other, are •niiat officers 
entitled to be mounted : every general, field and staff officer, every emitfed^to'be 
officer of cavali'y and artillery, every brigade, cavalry, and artillery mounted, 
non-commissioned staff officer, every enlisted man of cavalry, and ' ' - ^' s -^• 
the sergeants, the guidon-corporal, and buglers of light artillery ; one 
horse only shall be allowed to each of the above-mentioned officers 
and soldiers ; and there shall be allowed thirty-two draft horses to 
each battery of light artillery of four guns ; to each battery of light 
artillery of more than four guns there shall be allowed for each ad- 
ditional gun eight draft horses. No horses shall be allowed for mem- 
bers of bauds except by special orders of the commander-in-chief. 

.Sect. 32. The commander-in-chief may at any time disband any Disbandment. 
comi)any of the volunteer militia when it falls below a proper stand- is's, 265, § so. 
ard of efficiency ; and he may order special inspections with a view 
to disbandment, to be conducted under the direction of the inspector- 
general. 

THE ELECTION AXD APPOINTMENT OK COMMISSIONED OFFICERS. 

Sect. 33. No person shall be eligible to election or appointment EiiErfbimy to 
to office in the militia of this commonwealth who is not a male citizen ™i^yin"ment to 
of the United States, of eighteen years of age or u|)wards, ivsident oflji'e. 
in this state, or who is disciunlilied liy law frdiii eiirolnuMit in tiie ''"•-^^•S^i- 
militia; but no citizen, otherwise cpialitied, sliall be ineligible to office 
in the militia from not having been enrolled therein. No person 
shall be eligible to military office who is under sentence of disability 
to hold office or command, or of suspension from command, in the 
military forces of the United States or of any state. No citizen of 
the commonwealth above the age of forty-five years shall on account 
of such age be ineligible to office in the militia, or incapable of serv- 
ing in a volunteer company. 

Sect. 34. Commissitined officers siiall take rank according to the Commissioned 
date of their coiniuissidiis. Between olHcers of the same grade and "^ik'^Jj^eordln"' 
date of appointment or commission, relative rank shall be determined to date of ( 



by lot. The day of the appointment or election of an officer shall be S78?265i § 32. 
expressed in his commission, and considered as the date thereof. 

When a staff officer is continued in his office by a new appoint- 
ment, he shall take rank according to the date of his original com- 
mission. 

Sect. 3.5. All staff officers of the militia shall be appointed as Appointment of 
hereinafter provided, and commissioned by the commander-in-chief, fg^c ^fi'^'s'™ 
on the request of the several appointing officers, provided that such 
appointees Ije eligible ; Init no medical officer shall be commissioned 
until he furnishes satisfact<ny evidence to the commander-in-chief that 
he is competent to perform the duties of his office, and no judge- 
advocate shall be commissioned unless he is a justice of the peace and 
a member of the Massachusetts bar. 

Tlie staff of the commander-in-chief shall be appointed by him ; 
the staff of a brigade, by the brigadier-general commanding ; the staff 
of a regiment, separate battalion, corps of cadets, or unattached com- 
pany, by the permanent commander thereof. 

Sect. 3G. The officers of the line of the militia shall be elected as Election of line 
follows : — i^s^e'o, § 34. 



156 



MILITIA COMMISSIONED OFFICEKS. [ChAP. 14. 



Const, pt. 2, c. 2, 
§ 1, art. 10. 



Election of com- 
pany otiicers not 
to be ordered 
until rainiraum 
number of men 
18 enlisted, etc. 
1878, 265, § 36. 
Vacancies in 
company otli- 
cers to be tilled 
before election 
of field officers. 
1878, 265, § 37. 
Elections to be 
Leld at conven- 
ient places. 
Kotice of 
elections. 
1878, 265, § 39. 



Officers order- 
ing elections 
may preside, o! 
detail officer of 
suitable rank. 
1878, 265, § 40. 



Presiding officer 
to keep record, 
and make return 
to the adjutant- 



Certified roster 
or roll to be 
furnished to pre- 
siding officer. 
1878, 265, § +2. 

Majority of 
electors to be 
present and 
voting. 
Ad.iournraent 
of elections. 
1878, 265, § U. 
Failing to elect, 
facts to be re- 
ported to adju- 
tant-general. 
1878, 265, § 45. 

Election liy a 
raaioritv vote. 
1878, 205. § 46. 

Acceptance or 
declination to be 
made within si.v 
days of election. 
1878, 265, § 47. 

Upon refusal to 
accept at tlic 
meeting, anotb- 



Brigadier-geneijals, by the written votes of the field officers of the 
respective brigtxdes ; field officers of regiments, separate battalions, 
and corps of cadets, by the written vote.s of the captains and lieu- 
tenants of the several companies of the resi^ective regiments, separate 
battalions or corps ; captains and lieutenants of companies, by the 
written votes of the enlisted men of the respective companies ; except 
that, in the corps of cadets, captains and lieutenants shall be elected 
by the written votes of the enlisted men of the respective corps. 

Sect. 37. Elections of brigadier-generals shall be ordered by the 
commander-in-chief. Elections of other officers of the militia shall 
be ordered either by the commander-in-chief, or by such officers as 
he may authorize. 

Sect. 38. No election of officers shall be ordered in any company 
unless there is actually enlisted and mustered therein at least the 
minimum number of enlisted men prescribed in section twenty-eight. 

Sect. 39. Vacancies in the grades of company officers shall be 
filled, and the officers-elect commissioned, before any choice is made 
of field officers for the respective organizations ; and every vacancy 
in the grade of field officer shall be filled in each brigade before any 
choice is made of brigadier-general in that brigade. 

Sect. 40. Elections shall be held at the places most convenient 
for the majority of the electors. iS78, 265, § 38. 

Sect. 41. No notice of an election shall be legal unless given to 
each elector at least four days previous to the time of the meeting, 
either verbally, or by delivering to him in person or leaving at his 
usual place of business or abode the order for such election. 

Sect. 42. Officers ordering elections maj' preside, or detail some 
officer of suitable rank to preside ; an officer of the rank of captain 
may preside at the election of an officer of equal or inferior grade ; 
but no candidate for the vacancy shall preside at the election, except 
to adjt)urn the meeting if no proper officer ap])ears to preside. 

Sect. 43. At all elections, the presiding officer shall keep a 
record of the proceedings, and shall make a certified return of the 
election, or of neglect or refusal to elect, within ten daj's thereafter, 
to the adjutant-general, through the proper military channel, for the 
information of the commander-in-chief ; and the officer-elect shall 
thereupon be commissioned and notified to appear before the examin- 
ing board provided in section fifty-four. 

Sect. 44. A certified roster of the brigade, regiment, battalion, 
corps of cadets, or a certified roll of the company or companies, as 
the case may be, shall be furnished to the presiding officer previous 
to an election. 

Sect. 4.5. No election shall be held unless a majority of the 
electors are present and voting. i87s, 265, § 43. 

Sect. 46. Elections may be adjourned not exceeding twice, and 
each adjournment may be for a period not exceeding two days. 

Sect. 47. If there is no quorum, or the electors present fail 
from any cause to elect, and the meeting is adjourned, the presiding 
officer shall report tlie facts in writing to the adjutant-general. 

vSect. 48. The person who has a majority of the written votes of 
the electors present at a meeting duly notified shall be deemed 
elected, and the presiding officer shall forthwith notify him of his 
election. 

Sect. 49. Every person elected to office in tlie militia shall within 
six days declare in writing or in person to the officer presiding at his 
election his acceptance or declination of such office, and such declara- 
tion shall be made a part of the return of the presiding officer. 

Sect. 50. If, before the meeting for the election of any officer is 
dissolved, the person chosen signifies, either in person or in writing, 



I 



Chap. 14.] julitxa — non-commissioned officers. 157 

to the presiding officer, his refusal to accept, the same shall be er election may 

recorded and made part of the return, and the electors shall proceed isTsraes, § 4s. 
to another election. 

Sect. 51. When an officer holding a military commission is elected Acceptance of 

or appointed to another office in the militia, and accepts the same, racaie'fheoffici 

such acceptance shall vacate the office iireviously held, but such offl- P''«™"''y •,»■'<'• 

^- J. i-i 1 • • i-ij 1 • 1 • i J 1878,266,5 49. 

cer may contuiue to serve until his successor is qualmea in his stead. 

Sect. 52. "When the electors neglect or refuse to elect to fill a Upon neglect to 

vacancy, the commander-in-chief shall, except as provided in the fol- conmMlS- 

lowing section, appoint a suitable person. i878, 265, § so. 24Pick.,i8i. i";''"^[ ™''y 

Sect. 53. If a company without commissioned officers has been 

twice ordered to elect officers, and nealects or refuses to elect at Company with- 

,,,,,.,., , , out oiTicera, 

least one of such officers, the company sliall be lorthwith disbanded leiusing to elect, 
l)y the commander-in-chief. 1878, 265, § 5i. '° ^^ disbanded. 

Sect. 54. Every commissioned officer, except the staff officers of Officers to ap. 
the commander-in-chief, medical officers, and chaplains, shall, upon amininVboard. 
being notified as provided in section forty-three, appear before an 1878, 265, § 52. 
examining board, to consist of the judge-advocate-general and two 
other oflicers to be designated by the commander-in-chief. The 
board shall examine the said officer as to his military and general 
qualifications, and administer to liim the oaths as prescribed in the 
following section. If in their opinion sucli officer is competent, the 
fact shall be certified to the commander-in-chief, w'ho shall issue his 
order announcing the result of such examination. 

Any officer who fails to appear before the board of examiners Officer failing to 
within sixty days from the date of his election or appointment, or examination''to'' 
who fails to pass a satisfactory examination before said board, shall be discharged, 
be forthwith discharged liy the commander-in-chief. 

Sect. 55. Every commissioned officer, before he enters upon the Oaths of ofHce. 
duties of liis office or exercises any command, shall talvc and sub- 3 Cu'sij*? 587. 
scribe the following oaths and declarations : — 

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

" I, A. B., do solemnly swear that I will obey the lawful orders of all my 
superior officers." 

" I, A. B., do solemnly swear and affirm that I will faithfully and impartially 
discharge and perform all the duties incumbent on me as , according 

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

" I, A. B., do solemnly swear that I will support the constitution of the United 
States. So help me God." 

All officers shall take and subscribe such oaths before the examin- Qualifying 
ing Iward provided by the preceding section, except the staff officers °*<^'^''''- 
of the commander-in-chief, who may take such oaths before any 
competent authority. 

And on the back of every commission the following certificate shall Ccrtiflcate of 
be printed and signed by the person before whom such officer is qualification, 
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, 

THE APPOINTMEKT AND REDUCTION OF NON-COMMISSIONED OFFICERS. 

Sect. 5G. Non-commissioned staff officers of lirigades, regiments, Non-comrnis- 
separate battalions, corps of cadets, and unattachecl companies, shall ^'"""^ 



158 



EKLISTJIENT AiTO MUSTEE-IN OP SOLDIERS. [ChAP. 14. 



Non-commis- 
sioned oificers ; 
appointment. 
1878, 265, § 64. 
5 Pick. 239. 
16 Picli. 84. 
U4 Picli. 172. 



Enlistment and 



u.stei- 



1 of 



soldiers 
1878, 265, § 65. 
1881, 277, § 2. 
4 Mass. 556. 
8 Mass. 279. 
11 Mass. 239. 
13 Mass. 491. 
3 Pick. 226, 264. 
11 Pick. 265. 



Recruiting 
officers. 
1878, 265, § ; 



Form of enlist- 
ment roll. 
1878, 265, § 68. 
8 Allen, 480. 



Oatli adminis- 
tered by mus- 
tering oflScer. 
1878, 265, § 59. 



Muster-in of en- 
listed man may 
be forbidden by 
regimental or 
liattalion com- 
mander. 
1378, 265, § 60. 



be appointed by their respective permanent commanders ; and such 
commanders of regiments, separate battalions, and corps of cadets, 
shall appoint the non-commissioned officers of companies, upon the 
written nomination of the respective cajjtains ; but they may withhold 
such appointment if iu their judgment there be proper cause. 

Non-commissioned officers of unattached companies shall be ap- 
pointed by their respective captains. 

The permanent commander of any regiment, separate battalion, 
corps of cadets, or unattached compauj', may reduce to the ranks any 
company non-commissioned officer of his command ; permanent com- 
manders of corps of cadets may reduce to the ranks non-commissioned 
staff officers of their corps. 

Company non-commissioned officers may be reduced to the ranks 
liy sentence of a court-martial, as prescribed in section one hundred 
and forty. 

THE ENLISTMENT AND HUSTER-IN OF SOLDIERS. 

Sect. 57. Eveiy person enlisting in the volunteer militia shall be 
mustered into the service of the commonwealth for a term of three 
years : lywvided, that any soldier who has received an honorable 
discharge from the Massachusetts volunteer militia by reason of tlie 
expiration of his term of service may be re-enlisted and mustered in 
for a term of one, two, or three years, as he may elect. All terms of 
service shall commence at noon on the date of enlistment, if the 
enlisted man is mustered in within thirty days after his enlistment ; 
otherwise, at noon on the date of muster-in. 

Sect. .58. All soldiers, except non-commissioned staff officers, 
shall be enlisted and mustered in as privates. 

Sect. 59. Captains shall be the recruiting officers for their com- 
panies ; the commanding officers of brigades, regiments, and separate 
battalions, for their respective non-commissioned staffs ; the command- 
ing officers of corps of cadets, for their respective corps ; and such per- 
sons as the commander-in-chief may appoint, for new companies under 
section twenty-four, until a captain is elected or appointed to such 
company. 

Sect. 60. Every person recruited for the Massachusetts volunteer 
militia shall sign an enlistment roll, in form as follows : — 

"I, whose signature is hereunto affixed, do liereby enlist in {roinpany, bat- 
talion, nijiiiunl, or corpx, etc.) of the Massacluisdts Vcluntoer Militia, for 
tlie tiriii sri ,ii;ainst my name, subject to all laws ;iiiil ii'uulatiiins wliich may 
govern tlir saiiif; and I do declare that I know of nci im|iiMliiiiriit to my serving 
honestly and faithfully as a soldier for the term of my enlisiinent." 

Sect. 61. As soon as practicable, and not more than thirty days 
after such enlistment, the soldier shall be mustered in by a competent 
mustering officer, before whom he shall make oath as follows : — 

"I, , do solemnly swear that I will bear true faith and allegiance to 

the Commonwealth of Massachusetts, and will support the constitution thereof; 
and I do also soleinidy swear that I will faithfully observe and obey all laws 
and regulations for the government of the volunteer militia of said common- 
wealth, and the orders of all officers elected or appointed over me. I do also 
solemnly swear that I will support the constitution of the United States. So 
help me God." 

Sworn to before me, Mustering Officer. 

And no enlisted man shall be held to duty in the volunteer militia, or 
receive any compensation or allowance, until he is so mustered. 

Sect. 62. Tlie commanding officer of any regiment or separate 
battalion may forbid the muster-in of anyi)erson enlisted by a captain 
of such regiment or battalion, when in his judgment the person so 
enlisted is unfit to be a member of tlie volunteer militia. 



Chap. 14.] DiscRiVKGE of commissioned officers, etc. 



159 



Sect. 63. No soldier whose term of service remains unexpired in Enlistment i 
one organization sliall enlist in another organization of tlie volnnteer zatioa before"' 
militia. is7s, 205, § 61. 

dcii. 



nDother 
zatiou I] 
teiTU of 
f xpires forbid- 



THE DISCHARGE OF COMMISSIONED OFFICERS. 

Sect. 64. An officer may be discharged by order of the com- 
mander-in-chief, upon either 

An address of both houses of the legislature ; 

The report of a court of inquiry ; 

Or the sentence of a court-martial. 

Sect. 65. An officer who fails to pass the board of examiners, or 
fails to appear before said board, as provided in section fifty-four, 
shall be discharged b}^ the commander-in-chief. 

Sect. 66. Au officer may be honorably discharged by the com- 
mander-in-chief. 

Upon tender of resignation ; 

Upon the disbandment of the organization to which he belongs ; 

Or, if a staff officer, on the written request of the officer appointing 
him, or upon the qualification of his appointed successor ; 

Or when he accepts au appointment in the army or navy of the 
United States. 

Sect. 67. An officer may be dismissed by the commander-in-chief, 

AVhen it appears to him that such officer has been convicted of any 
crime, or has been dishonorably discharged or dismissed from the 
service of the United States, or from the militia of this or any other 
state ; 

Or to carry out the sentence of a court-martial. 

Sect. 68. All officers discharged from the service of the state shall 
lie entitled to receive a certificate of such discharge in such form as 
the commander-in-chief shall direct. 



Discharso of 
oflicer, iuid for 
■wbat reasons. 
1878, 266, § 62. 



upon failure 
to pass exumina 
tiou. 
187S, 265, § 63. 

upon resigna- 
tion, disband- 
ment, etc. 
1878, 265, S 64. 



Dismissal for 
crime or sen- 
tence of court, 
martial. 
187S, 265, § 65. 



Certificate of 
dis<hars:e. 
187S, 265, § 66. 



THE DISCHARGE OF ENLISTED MEN. 

Sect. 09. No enlisted man shall be discharged before the expira- 
tion of his term of service, except by order of the commander-in-chief, 
and for the following reasons : — 

To accept promotion by commission ; 

I'pon removal of residence from tlie state, or out of the bounds of 
the command to which he belongs to so great a distance, that, in the 
opinion of his commanding officer, he cannot properly perform his 
military duty ; 

Upon disability, established by certificate of a medical officer ; 

I'pon conviction of felony in a civil court ; 

■\Vhcn the commander-in-chief approves the application of two- 
thirds of the members of a company, requesting the discharge of a 
soldier thereof for lieing haliitually troublesome, or of such character 
as to degrade the company ; 

When, in the opinion of the commander-in-chief, the interests of 
the sen'ice demand such discliarge ; 

Upon his own application, approved by the commanding officer of 
his company, and liy suiierior commanders ; 

To cany out the sentence of a court-martial. 

Sect. 70. Dishonoralile discharges, or discharges in such form as 
to forbid re-enlistment, shall be given only in accordance with sen- 
tences of courts-martial. i87s, 265, § 68. 

Sect. 71. E\eiT soldier discharged from the service of the com- 
monwealth sliall lie furnished with a certificate of such discharge, 
which shall state clearly the reason therefor. 



Discbarge of 
enlisted men. 
1878, 265, § 67. 



Disbonorable 
discharge, upoQ 



Certificate to 
state reason 
of discbarge. 
1878, 265, § 69. 



160 



MILITIA — ARMS, UNIFORMS, AND EQUIP.^IENTS. [ChAP. 14. 



Commissioned 
officers to pro- 
vide themselves 
with uniforms. 
1878, 265, § 70. 



Every organiza- 
tion to be fur- 
nished by the 
state with arms, 
uniforms, and 
equipments. 
1878, 265, 5 71. 
4 Gray, 502. 



Uniforms, etc., 
to remain the 
property of the 
state, and he 
used for military 
purposes ouly. 
1878, 265, § 73. 

Officers to make 
annual return of 
all property for 
which they are 
accountable. 
1878, 265, § 74. 



Military prop- 
erty to be de- 
posited in 



All military 
property issued 
for use in ser- 
vice to be re- 
turned to ar- 
mory within 
three days after 
tour of duty. 
1878, 265, §'76. 



Soldier not to 
wear uniform 
except upon 
duty. 

187S, 265, § 77. 
Responsibility 
for care and re- 
turn of military 
property. 
1878, 265, 5 78. 



AR.MS, UNIFOR.MS, AND EQUIPMENTS. 

Sect. 72. All commissioned officers shall provide themselves with 
such uniforms, arms, and equipments complete as the commauder-in- 
ehief shall from time to time prescribe ; and such uniforms, arms, and 
equipments shall be free from all suits, distresses, executions, or sales 
for debt or payment of taxes. 

Sect. 73. Everj' organization of the volunteer militia shall lie 
provided, at the expense of the commonwealth, with such uniforms, 
arras, equipments, colors, musical instruments, books of instruction 
and of record, camp and garrison equipage and military supplies, 
a:i may be necessary for the proper training and instruction of the 
force, and for a proper performance of the duty required uuder tliis 
cliapter, except as provided in the preceding section. Such property 
shall be issued to commanders of brigades, regiments, battalions, 
corps of cadets, companies, or detachments, by the quartermaster- 
general, upon requisitions in such form as may be prescril^ed ; but, 
in time of peace, no uniforms, arms, equipments, or militaiy supplies 
shall be issued to or for the use of any company, unless the said com- 
pany has at least the minimum number of enlisted men prescribed 
by law. 

Sect. 74. The uniform of the volunteer militia shall consist of a 
coat, a fatigue blouse or jacket, a pair of trousers, a hat complete, 
and a fatigue cap, for eacli enlisted man, the style of which shall be 
prescribed by the commander-in-chief ; and uniforms hereafter pro- 
vided shall be substantially alike for each arm of the service. 

No uniforms shall be provided by the state, except by a special 
appropriation for that purpose ; in which case the purchase shall be 
made under such inspection as the commander-in-chief may direct. 

Sect. 75. The uniforms, arms, equipments, and other property so 
furnished, shall remain and continue to be the property of tlie com- 
monwealth, to be used for militarj' purposes only ; and such as have 
not beeu properly expended in such use shall be returned, when called 
for by proper authority. 

Sect. 76. Every officer receiving public property for military use 
shall, on the first day of July and December in each year, make a 
full return of all such propi'rty for which he is accountable in such 
form as maybe prescrilicil, ;ind shall forward the same to the quarter- 
master-general within fifteen days of such d.ates. 

Sect. 77. All arms, equipments, and military property of every 
description, which shall l)e furnished to the several commands under 
the provisions lieivof. shall lie deposited in the armories or headquar- 
ters of said conniiands f(jr safe keeping. 

Sect. 78. Every officer, non-commissioned officer, and soldier shall 
return to the armory, or other place of deposit, each article of military 
property of the commonwealth issued to and received by him for use 
ill the military service, within three days tifter sucii tour of duty, or 
forthwith upon order of his commanding ollicer ; and the possession 
of any article of such property b}' the person to whom it was issued, 
elsewhere than in the armory or designated place of deposit, shall be 
deemed and taken to be prima facie evidence of emliezzlement of such 
article of property by the person to whom it was issued. 

Sect. 79. No soldier shall wear or use, except upon military duty, 
or by special permission of his commanding officer, any uniform or 
other article of military property belonging to the commonwealth. 

Sect. 80. Every officer, non-commissioned officer, and soldier, tc 
whom a uniform or other article of military property is delivered in 
pursuance of the provisions hereof, shall be held personally responsi- 
ble for its care, safe keeping, and return ; he shall use the same for 



Chap. 14.] militia — arms, uniforms, and equipments. 161 

military purposes only, and upon receiving a discharge or otherwise 
leaving tlie military service, or upon the demand of his commanding 
officer, shall forthwitli surrender and deliver up the said uniform, to- 
gether with all other articles of military property tliat may be in his 
possession, to the said commanding officer, in as good order and con- 
dition as the same were at the time he received the same, reasonable 
use and ordinary wear thereof excepted. 

Sect. 81. Any soldier who wilfully or maliciously destroys, in- Penalty for inju. 
jures, or defaces any article of military property belonging to thecom- J^yg" ^s.'j'Va^' 
monwealth, or retains any property in violation of the provisions 
of the preceding sections, shall be punished by fine not exceeding 
forty dollars, to be paid into the treasury of the commonwealth, to 
be recovered on comiilaiut of the officer responsible for such prop- 
erty, before any court having jurisdiction ; and such delinquent shall 
be imprisoned in the house of correction until such fine is paid. 

Sect. 82. All commissioned officers of the volunteer militia shall CommiBeioned 
exercise the strictest care and vigilance for the preservation of the to wai by court- 
uniforms, arms, enuipments, and military property furnished to their maitiai for dam. 

, 1 1 . , • • 1 <-• 1 • x^ age to property 

several commands under the provisions nereor ; and in case of any caused by their 
loss thereof or damage thereto by reason of the neglect or default of J'sfs'^lgs § go 
such officers, or either of them, to exercise such care and vigilance, he 
or they shall be liable to trial by court-martial for neglect of duty. 

Sect. 83. Any officer receiving public property for military use Officer account- 
shall be accountable for the articles so received by him ; and he shall deceived for"^''^^ 
not transfer such property or any portion thereof to another, either ?Sl'i'''jy::"|% 
as a loan or permanently, without the authority of the commander-in- ' ' 
chief ; and he shall be liable to make good to the commonwealth all 
such property defaced, injured, destroyed, or lost by any neglect or 
default on his part, and for the recovery of which he has made no 
reasonable effort ; to lie recovered in an action of tort, to be instituted 
b}' the judge-advocate-general, at the request of the quartermaster- 
general, in the name of the commonwealth. 

Sect. 84. Upon the disbandment of any organization which has Liability of 
received uniforms, arms, equipments, or equipage from the quarter- dSbandmemof 
master-general, in accordance with the provisions hereof, the commis- organization, 
sioned officers of such organization shall be responsible for the safe ' ' 
return to the custody of the finaitcrmaster-general of all public prop- 
erty in possession of said oiiiaiiization ; and for any loss or damage 
thereto compensation may lie (ilitaiiied from the officer receipting for 
such property in the manner provided in the preceding section. 

Sect. 85. Until an officer or his legal representative receives from to conUnue 
the adjutant-general notice that the property accounts of such officer ^veL'that prop. 
ha\e been examined and found correct, the liability of such officer, or erty accounts 
of his estate, for public property for which he is or may have been isTS, 26a, §83. 
responsible, shall be in no way affected by resignation, discharge, 
change in official position, or death. 

Upon the death or desertion of an officer responsible for public 
propert}', his immediate commander shall at once cause the property 
Ifor which such officer was responsible to be collected, and a correct 
in\'entory made by actual count and examination ; which iuveutoiy 
shall be foi-warded to the adjutant-general, in order that any deficiency 
may be made good from the estate of the deceased or deserting offi- 
cer ; compensation for such deficiency may be recovered in the man- 
ner provided in section eiglity-three. 

Sect. 86. Any organization of the militia may, with the approval Adoption of uni- 
of a majority of its commissioned officers and the commander-in-chief, [b™],n!scrib«? 
adopt any other uniform than that prescribed in sectiDii seventy-four, by eectiou sev- 
at their own expense ; but sucli unitViniis shall not lie worn, except by ists, 265,'§ 84. 
permission of the commander-in-chief, when such organizations are 
on duty under his orders. 



162 



■ ARMORIES. 



[Chap. 14. 



Volunteer or- 
ganizations may 
own and control 
personal prop- 
erty. 
1878, 265, § 85. 



Board to inspect 
and condemn 
public military 
property. 
1878, 26b, § 86. 



Military com- 
mittee of k-Ljit 
lature to visit 



Equipage may 
be lent to Gram 
Army of the 
Republic. 
Res. 1881, 19. 



Armories to be 
provided by cit- 
ies and tovvns. 
1878, 265, § 88. 



Hcadquarteri 
be provided. 



Drill-hall to be 
provided when 
two or more 



Sect. 87. Volunteer organizations may own and keep personal 
property which shall belong to and be under the control of the active 
members thereof ; and the commanding officer of any organization 
may recover for its u.se any debts or effects belonging to it, or dam- 
ages for injury to such propertj' ; the action for such recovery to be 
brought in the name of such commanding officer in any court having 
jurisdiction, in any county where such organization, or part thereof, 
is located ; and no suit or complaint pending in his name shall be 
abated by his ceasing to be commanding officer of the organization ; 
but, upon the motion of the commander succeeding him, such com- 
mander shall be admitted to prosecute the suit or complaint in like 
manner and with like effect as if it had been originally commenced 
by him. 

Sect. 88. The inspector-general and two other officers designated 
by the commander-in-chief shall constitute a board to inspect and 
condemn public military property which has or may become unfit for 
use ; and no property shall be sold until it has been inspected and cou- 
demued as herein provided, and such condemnation approved by the 
commander-in-chief. The proceeds of all sales of conclemned public 
property shall be paid into the treasury of the commonwealth. 

Sect. 89. The committee of the legislature on military affairs 
shall annually visit the arsenal, state camp-ground, and storehouses, 
and make a thorough examination into the condition of the same, 
and of the arms and munitions of war and other property of the state 
or geueral government deposited there, and shall report the condition 
of the arsenal and property to the legislature for that year. 

Sect. 90. The governor may lend teraijorarily tents or camp ma- 
terials, to be used by military schools or academies in the state, or 
educational institutions which are by law compelled to give military 
instruction, for encampments, at such times and under such restric- 
tions as to him may seem proper : provided, satisfactory security is 
given for the safe lveei)ing and return of the property. 

Sect. 91. The quartermaster-general, under the direction of the 
commander-in-chief, may lend the militarj' camp-equipage belonging 
to the state to any state eucampment of posts of the Grand Army of 
the Republic in this state, when it can ])e done without interfering 
with the use of said equipage by the militia. But a bond, with suffi- 
cient sureties in double the value of the equipage, shall be given in 
every case for its return without loss or damage ; and the common- 
wealth shall be subject to no expense on account of auy such loan. 

ARMORIES. 

vSect. 92. The maj'or and aldermen and selectmen shall provide 
for eacli regiment, battalion, corps of cadets, or portion jpf the vol- 
unteer militia, within the limits of their respective cities or towns, a 
suitaltle armory for the purpose of drill, and for the safe keeping of 
the arms, equipments, uniforms, and other military property furnished 
to such portion of the \olunteer militia by the state ; and shall also 
provide suitable grounds or places for the parade, drill, aud target- 
l^ractice of the militia belonging to their respective cities and towns. 
They shall also provide for the headquarters located withiu their limits 
of each brigade, regunent, separate battalion, or corps of cadets, a 
suitable room for the keeping of books, the transaction of business, 
:ind the instruction of officers. Necessary fuel and lights, or a rea- 
sonable allowance therefor, shall be furnished by cities and towns for 
each armory or headquarters located withiu their limits. 

Sect. 9.3. Where two or more companies of the same battalion 
are located withiu the limits of a city or town, the mayor and alder- 



I 



Chap. 14.] militia — armories. 163 

men or selectmen thereof shall, if practicable, provide such companies companieBof 
with a drill-hall, to be used by them in common, of capacity sufficient fn^'sllmepkice! 
for battalion drill, together with a smaller room in the same building is's, 285, § 89. 
for each of said companies, suitalile for company meetings, and for 
the safe keeping' of military |)r()i)i'rty, as provided in the preceding 
section. The lieadijuaitt rs of cai-li regiment, battalion, and corps of 
cadets, shall be established with said commands, or portions thereof, 
as far as practicable. 

Sect. 94. Cities and towns in which regiments, battalions, corps Money may be 
of cadets, or companies, or the headquarters of brigades, regiments, ffoTfor bundti," 
battalions, or corps of cadets, are located, may raise money, by taxa- armories, 
tion or otherwise, for the purpose of erecting suitable buildings for ' '" °' 
the armories or headquarters of such organizations. 

Sect. 95. When a company is formed from different places, the Location of 
location of its armory shall be determined by a majority of its mem- company is'° 
bers, subject to the approval of the adjutant-general, ists, 265, § 9i. difltrent"Di™ces 

Sect. 90. Armories provided for the militia shall not be used for 
any purpose whatever other than the legitimate uses of the commands Armories to be 
occupying them ; and no commander of any regiment, battalion, corps purposesTn'iv'.'^* 
of cadets, or company, shall allow the armory or armories of his com- ^*"'' "*"' ^ ^"' 
maud to be let for other than a proper military purpose, unless by 
approval of the commander-in-chief. 

Sect. 97. Every otlicer whose command occupies, assembles, or officers to have 
drills in any armorj', drill-hall, or building allowed according to law rvdurin'ifiHMTo°d 
for such purpose, shall have control of such premises during the of occupation. 
period of occupation, subject to the orders of his superior command- ' ' ■" ' 
ers ; and anj' person who intrudes contrary to his orders or the orders 
of his superior commanders, or who interrupts, molests, obstructs, or 
insults the troops, or any of them, so occupying such premises, may Penalty for mo- 
lie dealt with as prescribed in sections one hundred and twenty-one ''""""s "'oops, 
and one hundred and twenty-two for like offences at the discretion of 
the officer in charge of the troops, or his superior commanders : pro- Proviso. 
vided, that nothing in this section shall be construed to prevent reason- 
able inspection of the premises by the mayor and aldermen or selectmen 
of a city or town, or by the owners of the premises, according to the 
terms which may have been specified therefor in a lease. 

Sect. 98. The mayor and aldermen of cities, and selectmen of Amount paid 
towns, shall annually, in October or November, transmit to the ctrtmed'uuder 
adjutant-general a certificate, verified by oath or affirmation of at oath, to the ad- 
least two of their board, showing the name of each militia organiza- 'i878"263,°§ 94.' 
tion or headquarters furnished with an armory, the amount paid for 
the rent thereof, and that the rent charged is fair and reasonable 
according to the value of real estate in their place. 

Sect. 99. The adjutant-general shall annually examine all cer- claims for rent 
tificates so returned to his office, institute any inquiries he deems ^"v'id.fiuailt.'^ 
expedient relative thereto, and, under the direction of the commander- general. 
in-chief, allow them, in whole or in part, to an amount not exceeding '" ■» • 
six hundred dollars for a company of artillery or cavah'y, four hun- 
dred dollars for a company of infantry, and not exceeding two 
hundred dollars for each brigade, regimental, or separate battalion 
headquarters. The amount to be allowed to a corps of cadets shall 
be determined by the commander-in-chief, not exceeding the allow- 
ance which would be made in the aggregate to a battalion of four 
companies and the headquarters thereof. The adjutant-general shall, 
within ten days after such examination, file in the office of the auditor 
his certificate, stating the sums allowed, the name of the comnmncl 
for whose use each sum is allowed, and the place to which it belongs ; 
and shall thereupon notify the mayor and 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. 



164 



TOTJES OF DUTY, INSPECTIONS, AND DRILLS. [CHAP. 14. 



Volunteer mili- 
tia to be called 
upon iu case of 

insurrection. 
1878, 265, § 96. 
8 Mass. 549. 



Troops may be 
ordered out iu 
case of riot or 
tumult. 
1878, 265, § 97. 
6 Gray, 121. 



TOURS OP DUTi', INSPECTIONS, AND DRILLS. 

Sect. 100. When an invasion of or iusurreetioii in the state is 
made or tiireatened, tlie commander-in-cliief sliall call upon the 
\'okmteer militia to repel or suppress the same. If such invasion or 
insurrection or imminent danger thereof, in any part of the state, is 
so sudden that the commander-in-chief cannot be informed and his 
orders received and executed in season to resist or suppress tlie same, 
a brigade commander in such part of the state may order out his 
brigade, or any part thereof, as the commander-in-chief might do. 

Sect. 101. When there is in any city or town a tumult, riot, mob, 
or a body of men acting together by force, with attempt to commit a 
felony, or to offer violence to person or property, or by force and 
violence to break and resist the laws of the commonwealth, or when 
such tumult, riot, or mob is threatened, and the fact is made to 
appear to the commander-in-chief, the sheriff of the county, tlie 
mayor of the city, or the selectmen of the town, the commander-in- 
chief may issue his order, or such sheriff, mayor, or selectmen may 
issue a precept, directed to any commander of a brigade, regiment, 
battalion, corps of cadets, or company, directing him to order his 
command, or a part thereof, to appear at a time and place therein 
specified, to aid the civil authority in suppressing such violence, and 
supporting the laws ; which precept shall be in substance as follows : — 



Form of COMMONWEALTH OF MASSACHUSETTS, 

precept. gg 

L. S. 
To {insert the officer's title) A. B., commanding {insert his command). 

Whereas it has been made to appear to {the sheriff, mayor, or the selectmen, 
as the case may be) of the {cfninli/, city, or town) of that {here state one 

or more of the causes above iiniiUniir,!) in our of , and that niiUtary 

force is necessary to aid tlic (•i\il auiliority in suppressing the same: Now, 
therefore, we command you Uuil \in\ cause {your command, or sucli part there- 
of as may be desired), armed and equipped witli ammunition, and with proper 
officers, to parade at , on , then and there to obey such ordeis 

as may be given, according to law. Hereof fail not at your peril, and have you 
there this precept, with your doings returned thereon. 



Officer forth- 
with to order 
troops to parade. 
1878, 265, § 98. 



Penalty on offi- 
cer for neglect. 
1878, 265, § 99. 



Troops to 
appear armed 
aud equipped. 
1878, 265, § 100. 

Officer may be 
detailed to com- 
mand, if com- 
pany is without 
officers. 
J878, 265, § 101. 



This precept shall be signed and properly attested as the act of 
such sheriff', maj'or, or selectmen, and shall be under seal, and may 
be varied to suit the circumstances of the case ; and a copy of the 
same shall )}e immediately forwarded to the commander-in-chief. 

Sect. 102. The officer to whom the order of the commander-in- 
chief, or brigade commander, or such precept, is directed, shall forth- 
with order the troops therein called for to parade at the time aud 
place appointed ; and shall immediately notify tlie commander-in-chief 
of such order directly in the most expeditious manner, and by letter 
through the usual military channels. 

Sect. 103. If an officer ordered as in the preceding section refuses 
or neglects to obey such order or precept, or if any officer or soldier 
neglects or refuses to obey an order issued iu pursuance thereof, he 
shall be punished as a court-martial may adjudge. 

Sect. 104. Such troops shall appear at the time and place ap- 
pointed, armed, equipped, and with ammunition, and shall obey and 
execute such orders as they may then aud there receive according to law. 

Sect. 105. If a company without officers is ordered to march, 
or if a detachment is ordered therefrom, the commander of the regi- 
ment or battalion shall detail an officer to command, who shall have 
the same authority to order them to appear, to command them in the 
field, or to make a draft or detachment therefrom, as the captain of 
such company would have, aud shall be under the same responsibility. 



Chap. 14.] touks of duty, inspections, and drills. 165 

Sect. lOG. The mayor and aldermen of a city, and the selectmen Carriages to 
of a town, to which men so ordered out, detached, or drafted, belong, to'^.i'ttend with 
when required in writing by a commander of a regiment or detach- jjPjP'igj , jg, 
ment. shall provide carriages to attend them with further supplies of 
provisions and to carry necessary baggage, and provide necessary 
camp-equipage and utensils, until notified by the commanding officer 
to desist ; and shall present their accounts for the same to the quarter- 
master-general. For any neglect by such mayor and aldermen or 
selectmen, under this section, such city or town shall forfeit to the 
use of the commonwealth not less than twenty nor more than five 
hundred dollars. 

Sect. 107. When the entire volunteer militia has been called out wiien entire 
under sections one hundred and one hundred and one, and a still i,ali™eeu I'ai'ied 
further force is required, it shall be taken from the enrolled militia, "»<: v"™"^,'', 

. , , . '. . militia sliall be 

as i)rovided m section nine. isvs, 265, § 103. taistn. 

.Sect. 108. Each regiment, separate battalion, corps of cadets. Amnmi parade 
and unattached company of the volunteer militia, shall parade for aud'Srliriu^iay 
drill one day in the month of May or June, at such time and place "'■ :'"»i'; 
as the commander-in-chief may designate. The inspector-general, '-"'^ 
his assistants, or such other officers as the commander-in-chief shall 
indicate, shall attend such drills, and report upon the proficiency of the 
troops, such reports to be made to the commander-in-chief in writing 
within thirty days from the date of such drill. 

Sect. 109. The volunteer militia shall perfoiTn five consecutive Encampment 
days of camp duty in each year ; and unless the commander-in-chief isrsi^oes,''! Tos. 
prescribes the time, place, and manner of assembling the troops for 
that purpose, each commander of a brigade or corps of cadets shall 
annually order an encampment of his command by brigade, regiments, 
or battalions, at some time during the months of July, August, Sep- 
tember, or October. 

Sect. 110. All encampments shall be held upon the state camp- Encampmcntsto 
ground, unless otherwise dii-ected by the commander-in-chief ; and ean'ip.'^round,"' 
no ground shall be occupied for an encampment in the time of peace mii. ->"iii.iwise 
without the consent of the selectmen of the town, or mayor and iii:,ii,i, , n, ri.i.f' 
aldermen of the city, where the encampment is to be made, unless by 7^u^,.',y'35y' *" 
order of the commander-in-chief ; such ground to be paid for by the 
state on contracts to be approved by the adjutant-general. 

Sect. 111. At each encampment the troops shall be reviewed Troops to be 
and thoroughl}' exercised in the routine of camp duty, and shall be spectedilmci 
inspected by the inspector-general or his assistants, or by such offl- ;'og1''2-i''s . 
cers as may be detailed at the request of the inspector-general to act ' " 
as assistants. Each inspecting officer shall report to the inspector- 
general in duplicate, in regard to numbers, discipline, drill, conclitiou 
of public property in possession, and any other matter affecting the 
character and efficiency of tiie organization ; one copy to be retained 
by him, the other to be forwarded to the commander-in-chief within 
thirty days from the date of the inspection. 

Sect. 112. The judge-advocate-general or a judge-advocate may Judge-adTocate 
be detailed by the commander-in-chief to attend any encampment, '^^m^J^mu'^nd 
and shall have during the encamimient, within the limits of the camp, h^ve the juris- 

1 . -.. . ■! ;. 1 1 !• J.I . • T i' diction of a 

and tor a distance ot one mile trom the guard line, the juriscuctioii municipal court, 

of a municipal court over all offences then and there committed. ^^'*' -^' ^ ^°^- 

Sect. 113. The commander-in-chief may, when in his judgment Comp.-my may 

the interests of the service require, order any company or com- p|irade'with° 

panies to parade for inspection with a view to disbandment, as "^f^^iJjgn,'"' 

provided in sections sixteen and thirty-two. 1878, 266, § loo. 

Sect. 114. For the duty required at inspections under sections Notice for 

thirty-two, one hundred and eight, and one hundred and thirteen, and for'duty"" 

at camp under section one hundred and nine, no notice shall be cou- 18"*> '^^> § '!"■ 



166 



TOURS OF DUTY, INSPECTIONS, AND DRILLS. [ChAP. 14. 



15 Pick. 7. 

21 Pick. 332. 

22 Pick. 406. 

23 Pick. 64, iJT. 



Orders may be 
delivered by 
enlisted men. 
1878, 205, § 111. 

Meetings of offi- 
cers for instruc- 
tion in tactics 
and the customs 
of the service. 
1878, 265, § 112. 



Escort duty. 
1878, 265, § 113. 



Companies or 
officers may be 
assembled for 
evening drill 
or instruction. 
1878, 265, § 114. 



Companj' and 
battalion drills. 
1878, 265, § 115. 
No voluntary 
parade without 
permission. 
1878, 265, § 116. 



Bounds of pa- 
rade may be 
fixed by com- 
manding otticer. 
1878, 265, § 117. 



Penalty for mo- 
lesting troops 
while on duty. 
1878, 265, § 118. 



sidered as legal unless the same has been given to each person ver- 
bally, or by delivering to liiin in person, or leaving at his usual place 
of business or aljode tiie order foi- sucli duty, at least four days pre- 
vious to the time apijointed. 

>Sect. 115. Commanders of regiments, battalions, corps of cadets, 
or companies, may direct such orders to be delivered by one or more 
of the enlisted men of their command. 

Sect. 116. The commander-in-chief may authorize brigade com- 
manders to call meetings of their staff officers, the field officers, adju- 
tants, and captains of unattached companies of their commands, at 
some convenient place within the limits of their brigades, six times 
in each year, for instruction in tactics and the customs of the service. 
C'onnnanders of icgiments, l)attalions, and corps of cadets, may in 
like manner call similar meetings of the officers of their respective 
commands, si.x times each year ; but nothing in this chapter shall be 
construed as allowing any compensation for attendance at such meet- 
ings. When such meetings are authorized, the cpuirtermaster-general 
shall provide for all officers attending such meetings the necessary 
transportation, at rates established by law, when the distance travelled 
exceeds five miles. 

Sect. 117. The commander-in-chief may order out any portion 
of the militia for escort and other duties, and may authorize the use of 
mounted bauds. 

Sect. 118. The commander of any regiment, battalion, or corps 
of cadets, whose companies are locatecl within a radius of three miles, 
may at any time assemble the companies, or the officers of his com- 
mand, for evening drill, instruction, or other business ; and com- 
manders of brigades, regiments, battalions, and corps of cadets, may 
order company inspections, in the evening, at the several company 
armories, whenever the good of the service may demand. 

Sect. 119. Every compan}' shall drill at least twice in each month. 
Battalion drills may count in the place of company drills. 

Sect. V20. No parade or voluntary service shall be performed by 
any company, under arms or with state uniform, without the approval 
of the regimental or separate battalion commander, or, if unattached, 
of its next superioi'. 

Sect. 121. Every commanding officer, when on duty, maj' ascer- 
tain and fix necessary bounds and limits to his parade or encampment, 
(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 or encampment, 
after being forbidden, may be confined under guard during the time 
of parade or encampment, 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 carried before the judge-advocate-general 
or a judge-advocate on duty at the encamimient, as provided in section 
one hundred and twelve, or other couit of justice having jurisdiction 
of the place, to be examined oi' ti'ied upon complaint of the command- 
ing officer for such assault or disturbance or breach of the peace. 

Sect. 122. If any person interrupts, molests, or insults, by abusive 
words or behavior, or obstructs any officer or soldier while on any 
duty, or at any parade, drill, or meeting for military improvement, 
he may be put immediately under guard, and kept, at the discretion 
of the commanding officer of the brigade, regiment, battalion, corps, 
company, or detachment, as the case may be, until the duty, drill, 
parade, or meeting is concluded ; and such commanding officer may 
turn over sueh person to any police officer or constable of the city 
or town wherein such duty, parade, drill, or meeting is held ; and said 



Chap. 14.] tours of duty, inspections, and drills. 167 

police offlcor or constable shall detain him in custodj' for examination 
or trial before a court of justice having jurisdiction of the place. 

Sect. 123. United States forces or troops or any portion of the Tioops to have 
militia parading or performing any duty according to law shall have J'h^etrecTs"* '" 
the right of way in any street or highway through which they may iSTS, 265, § iig. 
pass, provided the carriage of the United States mails, the legitimate 
functions of tiie police, and the progress and operations of fire-engines 
and fire-departments, sliall not be interfered with thereby. 

Sect. 124. Any soldier guilty of a military offence maybe put Soldier may be 
and kept under guard liy tiie commander of thecompany, corps, bat- lOTmint'ir^'""' 
talion, or regiment, or of the field, for a time not extending beyond ofiencV.'"^ 
the term of service for which he is then ordered. ms, 265, § 120. 

Sect. 12;j. No officer or soldier in the volunteer militia shall Personal service 
receive the compensation provided in this chapter, unless he Derson- "''ccf ary to be 

11 i? ill,. • -t -, 1 -. ,. ^ entitled to com- 

ally performs the duties required by law ; and no substitute shall be pensation. 
allowed compensation for service belonging to another to perfonn ; ^*"*' "^' ^ ^"^' 
nor shall excuses granted for absence from or non-performance of 
military duty entitle the person excused to receive such compensation. 

Sect. 126. Ts'^o officer or soldier shall be holden to perform mili- Parades not to 
tary duty except in case of invasion, insurrection, riot, or tumult, lion'dajrexiept 
made or threatened, or in obedience to the orders of the commander- incase of riot, 
in-chief, on a day appointed in the city or town in which he resides ^*'*' ''^^'' ^ ^^^" 
for the election of governor, lieutenant-governor, electors of presi- 
dent and vice-president of the United States, or representatives to 
congress or to the general court ; and an officer parading his com- 
mand, or ordering it to parade, contrary to the provisions of this 
section, shall be liable to trial by court-martial. 

Sect. 127. No body of men whatsoever, other than the regularly Certain associa- 
organized corps of the militia, the troops of the United States, the Jo°"he'mmtia'°° 
ancient and honorable artillery company, the veteran artillery associa- may parade in 
tion of Newburyport. the veteran cadet association of Salem, the J,TOef '"* 
veteran association of the independent corps of cadets of Boston, 1878,265, § 12s. 
and the Salem light infantry veteran association, the veteran artillery 
association of Amesbury and Salisbury, shall associate themselves 
together as a military company or organization, or parade in public 
with arms in any city or town of this commonwealth, without the 
license of the governor thereof, which may at any time he revoked ; 
nor shall any city or town raise or appropriate any money toward 
arming, equipping, uniforming, or in any way supporting, sustaining, 
or providing drill-rooms or armories for any such body of men : 
provided, that associations wholly composed of soldiers honorably Associations 
discharged from the service of the United States may parade in pub- eoIdiS'?'' °'' 
lie with arms, upon the reception of any regiments or companies of 
soldiers returning from said service, and for the purpose of escort 
duty at the burial of deceased soldiers, having first obtained the 
written permission so to do of the mayor and aldermen or selectmen 
of the cities or towns in which they desire to parade ; and provided, students in 
further, that students in educational institutions where military science ff6Utut°oM' 
is a prescribed part of the course of instruction may, witli the con- 
sent of the governor, drill and parade with arms in pul)lic, under the 
superintendence of their teachers ; and provided, further, that this 
section shall not be construed to prevent any organization heretofore 
authorized thereto by law from parading with side arms. 

Sect. 128. "Whoever offends against the provisions of the preced- Penalty for 
ing section, or belongs to or parades Tjith any such unauthorized {^.^™?Jo^aw°' 
body of men with arms, shall be punished by fine not exceeding isVs, 265, § 124. 
ten dollars, or by imprisonment in the house of correction or common 
jail for a tenii not exceeding six months, or both. 



168 



MILITIA — PAY AND ALLOWANCES. [ChAP. 14. 



Excuse from 
duty on pliysi- 
ciau's certilicate 
of disability. 
1878, 265, §"125. 

I Mass. 81. 
9 Mass. 322. 

II Mass. 456, 
640. 



290. 



14 Mass 
17 Mass 
3 Picli. 
7 Pick. 



Escu.se for ab- 



duty, drills, and 
inspection. 



EXCUSES FOR NON-PERFORMANCE OF DUTY. 

Sect. 129. No officer or soldier of the volunteer militia not on 
leave of absence or furlough shall be excused from duty in time of 
insurrection, invasion, or disturbance of the peace, as jjiovided in sec- 
tions one hundred and one hundred and one, except upon phj'sician's 
certificate of disability, such certificate to be presented to the com- 
mander-in-chief in case of an officer, or to his regimental battalion or 
corps commander in ease of a soldier, within twenty days after such 
absence. If such officer or soldier fails to furnish such excuse within 
such time, he shall be tried by court-martial for desertion or absence 
without leave, as the case may be ; and no such excuse shall avail 
such officer or soldier after the expiration of such time, unless the 
delinquent satisfies the tribunal l)efoie which he is tried that it was 
not in his power to make such excu.se within the time. 

For absence from camp duty, inspection in May or June, and from 
drills, excuses may be presented to commanding officers of regiments, 
battalions, or corps of cadets, and by tliera allowed upon good and 
sufficient grounds, or according to the rales adopted therefor in their 
respective organizations under approval, as prescribed in section one 
hundred and forty-nine ; but no excuse shall he allowed unless made 
within twenty days as above prescribed ; and deliuqueuts who do not 
submit to fines shall be tried as herein prescribed. 

Certificates of disability and excuses of soldiers of unattached com- 
panies shall in like manner be presented to their brigade commanders, 
and may be by them allowed. 



Compensation 
of otlicei-8 and 
soldiers. 
1878, 265, § 126. 
2 Met. 296. 
4 Gray, 601. 

for inspection 
in May or June. 



for encamp- 
ment for five 
days. 



for escort 
duty. 



Pay of assistant 
adjutant-genera! 
and adyutant. 



PAT AND ALLOWANCES. 

Sect. 130. There shall be allowed and paid to officers and soldiers 
of the volunteer militia, on rolls and accounts, in such fomi as the 
commander-in-chief may prescribe, as follows : to wit, — 

For the duty prescribed in section one hundred and eight, to each 
officer and soldier, except inspecting officers as hereinafter provided, 
two dollars ; and there shall be allowed for each horse actually em- 
ployed by the inspecting officers at inspections of artillery and cav- 
alry, by the officers and soldiers of artillery and cavalry authorized 
by law to be mounted, and for each draft horse employed in the 
artillery, four dollars, which shall be in full for all keeping and forage ; 
but no bands shall be paid for such duty. 

For each day's duty in camp, as prescribed in section one hundred 
and nine, to each general, field, and staff officer, four dollars ; to 
every other commissioned officer, two dollars and fifty cents ; to every 
non-commissioned staff officer, two dollars ; to every member of a 
band, four dollars ; and to every other enlisted man, two dollars. And 
thera shall be allowed for each horse actually emi^loyed by officers 
and soldiers authorized liy law to be mounted, and for each draft 
horse employed in the aitilleiy, four dollars per day, which shall be 
in full for all keeping and forage. 

For each day's duty under sections one hundred and one hundred 
and one, or under orders of the commander-in-chief, unless otherwise 
specially provided, or as a witness or defendant under summons, as 
provided in section one hundred and forty-three, or as insiiecting 
oflicer at the insiK'Ction provided in section one hundred and eight, 
the same as hereinbefore jirovided for camp duty. 

To each assistant adjutant-general of brigade, and to each adju- 
tant, there shall be allowed and paid twenty dollars per annum ; and 
to each regimental, battalion, or corps paymaster, twelve and one- 
half dollars jier annum for each company in the command to which 
he is attached. 



Chap. 14.] militia — courts of inquiry, etc. 



169 



Pay of officer 
detailed to pel 
form duty of 
another. 



Allowance for 



There shall lie .lUowed and paid to each officer detailed by compe- 
tent authority to perform tiie duties of another the pay and allowances 
of the grade or office so filled : provided, that no officer shall be paid 
for duty under two offices at the same time, nor two officers for the 
same duty. 

Sect. 1.31. There shall be allowed and paid to each officer and 
soldier obliged to travel on duty, as follows : to wit, — 

When upon duty required or performed under sections fourteen, 
one hundred, one hundred and one, one hundred and eight, one hun- 
dred and nine, one hundred and thirteen, and one hundred and seven- 
teen, two cents per mile each way, the distance to be computed by the 
line of most direct railroad communication from the place in which 
the headquarters of the various commands and the armories of the 
companies are situated. 

When upon duty as a menilier or judge-advocate of any military 
court or board, or as a witness or defendant before such court or 
board ; when appearing before the board of examiners provided iu 
section fifty-four ; when attending meetings of officers as provided 
in section one hundred and sixteen ; when acting as the presiding 
officer at an election, as an elector at the election of a general or field 
officer, or as a paymaster ; or in any case when obliged, by orders 
of the commander-in-chief, to travel without troops, — four cents per 
mile each way, the distance to be computed by the line of most 
direct railroad communication from the residence of the officer or 
soldier. 

Sect. 132. Mouuted officers and enlisted men, when ordered by 
the commander-in-chief to transport their horses, shall be allowed the 
actual cost of such transportation from the nearest point of departure 
from the place where the several headquarters or the armories of the 
companies to which they belong are situated. 

Sect. 133. No allowance shall at any time be made for transpor- 
tation not actually employed, nor to officers or enlisted men when 
transported by means of horses provided by the state. ists, 265, § 129. 

Sect. 134. Forage and subsistence shall be furnished in kind by 
the quartermaster and commissary-general wheu troops are on duty 
under sections one hundred and one hundred and one ; and, when 
jiracticable, transportation in kind shall be furnished by the quarter- 
master-general iu lieu of the mouey allowances hereinbefore pro- 
vided. 

Sect. 135. There shall be allowed annually for postage, station- 
ery, and office incidentals, to each brigade headquarters, five dollars 
for each regiment, battalion, and unattached company in such brigade ; 
to each regimental and separate battalion headquarters, five dollars 
for each company in such regiment or battalion ; to each corps of 
cadets, twenty-five dollars ; and to each company, ten dollars. 

Sect. 130. There shall be allowed and paid to each person not in 
I he military service of the commonwealtli, appearing before courts of 
nquiry or courts-martial under summons of the president or judge- 
advocate thereof, one dollar and fifty cents for each day's attendance, 
and four cents for each mile necessarily travelled in obedience to such 
summons. 

COIRTS OF INQUIRY AND COURTS-MARTIAL. 

Sect. 137. Coiu-ts of inquiry may be instituted by the commander- Courts of iu- 
in-chief for the purpose of investigating the conduct of any officer, gaSng conduct 
either bv his own solicitation, or on a complaint or charo;e of im- ?' j"?,^?'"; ,,, 

. ■• lOiS. -00, S loo. 

proper conduct degrading to the character of an officer ; but no such 
court shall consist of more than three officers, who may, with the 
approval of the commander-in-chief, require a judge-advocate to 



for transporta- 
tion of horses. 
1878, 265, § 128. 



No allowance 
for transporta- 
tion not actually 
employed. 

Transportation, 
forage, and sub- 
sistence. 
1878, 265, 6 130. 



Allowance for 
incidental ex- 
penses at head- 
quarters. 
1878, 265, §-131. 



Fee for appear- 
ing before courts 
of inquiry or 
courts-martial 
under summons. 
1878, 265, § 132. 



170 



MILITIA — COURTS OF INQUIRY, ETC. [ChAP. 14. 



Courts of in- 
quiry foriuvesti- 
gating conduct 
of olficers to re- 
port e\ideuce, 
etc., when re- 
quired, to com- 
mander-in-chief. 
1878, 265, § 134. 

General courts- 
martial for trial 
. of commissioned 
oiiicers. 
1878, 265, § 135. 



Regimental 
courts. inarti;il 
for trial of uon- 
comoiis^ioned 
olficers and 
privates, 
1878, 265, § 136. 



Proceedings to 
conform to the 
regulations 
est.ablished for 
government of 
the militia. 
1878, 265, § 137. 



Proceedings and 
sentence to he 
forwarded to 
officer compe- 
tent to review 
the same. 
1878, 265, § 13S. 



President and 

judge-advocate 

may summon 

witnesses .and 

administer 

oaths. 

1878, 265, § 139. 



attend such court iu taking testimony, and investigating any com- 
plaint tliat may come before it. 

Sect. 138. Such court of inquiry shall, without delay, report the 
evidence adduced, a statement of facts, and an opinion thereon, when 
required, to the commaudev-in-chief. who may iu his discretion there- 
upon order a court-martial for Uie trial of the officer whose conduct 
has been inquired into, or may discharge such officer, as provided in 
section sixty-four. 

Sect. 139. General courts-martial for the trial of commissioned 
officers shall be ordered by the commauder-in-chief at such times as 
the interests of the service may require, and shall consist of not less 
than three nor more than se\'en officers, none of whom shall be of 
less rank than the accused. 

Sect. 140. For the trial of non-commissioned officers, musicians, 
and privates, the commanding officer of each brigade shall, at such 
times as may be necessary, appoint a battalion or regimental court- 
martial for auy regiment, battalion, or unattached company in his 
brigade : in like manner, the commander-in-chief shall make orders 
for the corps of cadets. Such court shall consist of one officer of the 
dine whose rank is not below that of major. Such court, unless other- 
wise directed by the commander-in-chief, shall be held at the armory 
of the company, or, iu case of a non-commissioned staff officer, at 
the headquarters of the battalion, corps of cadets, regiment, or bri- 
gade, to which the accused belongs, and, subject to the apjjroval of 
the officer ordering the court, may sentence to be reprimanded in com- 
pany, corps, battalion, or regimental orders, or, in case of a company 
non-commissioned officer, to be reduced to the ranks ; and such court 
may, with the approval of the commander-in-chief, sentence to be rep- 
rimanded in brig.adj orders, or iu orders from general headquarters, 
to be dishonorably discharged, or to be disi-harged and disqualified 
from holding office in the militia of the commonwealth. 

Sect. 141. In all general, regimental, or battalion courts-martial, 
the arraignment of the accused, the proceedings, trial, and record, 
shall in all respects conform to the regulations established for the 
government of the militia of the commonwealth ; and the sentences 
of such courts shall he in accordance with the nature and degree of 
the offence, and according to established military usage, but shall 
not extend further, iu time of peace, than dismissing or discharging 
the officer or soldier, and disqualifying him from holding any office 
in the militia of this commonwealth. 

Sect. 14'2. The proceedings and sentence of every court-martial 
shall without delay be forwarded to the officer competent to review 
the same, who shall approve or disapprove of such proceedings and 
sentence within fifteen days thereafter ; but nothing in this section 
shall be construed to limit the power of the reviewing officer to miti- 
gate or conmiute the sentence of such court. A roll of the officers 
of the court and of the accused or charged persons and witnesses 
appearing before it, with the residence and number of days' attend- 
ance of each, shall constitute a part of the record of every court of 
inquiry or court-martial. 

Sect. 143. The president of every court-martial or court of 
inquiry, and also the judge-advocate, may administer the usual oath 
to witnesses, and may issue summonses for the accused and all wit- 
nesses whose attendance at such court may in his opinion be neces- 
sary in behalf of the commonwealth, and also, on application, for all 
witnesses in behalf of the accused or charged officer or soldier ; and 
hp may direct the commanding officer of auy com|)any to cause such 
summonses to be served on any person who may be a memlier of his 
company, or may direct the commanding officer of auy brigade, regi- 



Chap. 14.] militia — courts of ixquiky, etc. 



17i 



mcnt, separate battalion, or corps of cadets, to serve such summouses 
oil auy person who may be a commissioued or nou-commissioaed offi- 
cer of his staff. 

Sect. 144. Any officer or soldier failing to serve such summons, 
and auy witness failing to appear when so«summoned, and not having 
a sufficient or reasonable excuse, shall be liable to trial by court-mar- 
tial as for disobedience of orders. 

Sect. 14.5. Every commissioued officer may be tried bj' court- 
martial for the following offences : — 

For unmilitary or unofflcer-like conduct ; 

For drunkenness on duty ; 

For neglect of duty ; 

For disobedience of orders, or an act contrary to the provisions 
of this chapter, or to the provisions of the regulations for the govern- 
ment of the militia ; 

For oppression or injury of anj' under his command : 

For a combination or attempt to break, resist, or evade the laws or 
lawful orders given to a person, or advising any person so to do ; 

For insult to a superior officer in the line of military duty ; 

For presuming to exercise his command while under arrest or sus- 
pension ; 

For neglect or refusal, when commanding officer, to order out the 
troops under his command wheu required bj' law or ordered by his 
superior officer ; 

For neglect or refusal to make a draft or detachment when legally 
ordered to do so ; 

For parading the troops uuder his command on days of election, 
contrary to law ; 

For receiving a fee or gratuity, as a medical officer, for a certifi- 
cate of inaliility to do military duty ; 

For neglect, when detailed to train and discipline a company, to 
make complaint for neglect or violation of duty as provided l)y law, 
or for any other neglect for which a commanding ofiicer of the com- 
pany would be liable ; 

For neglect or refusal to march, or to make a draft, or for disobe- 
dience to an order, in case of rebellion or insurrection, as provided 
l.iy law ; 

For refusal or neglect to obey a precept or order to call out the 
militia, or an order issued in oliedience thereto, or for advising any 
officer or soldier to do the like ; 

For making a false certificate, account, or muster ; 

Or for conduct unbecoming an ofiicer and gentleman, or to tiie 
prejudice of good order and military discipline. 

Sect. 146. Any enlisted man may be tried by court-martial, — 

For disobedience of orders, or an act contrary to the provisions 
of this chapter, or to the provisions of the regulations for the govern- 
ment of the militia, or to the by-laws of the organization to which he 
belongs ; 

For disrespect to his superiors ; 

For mutiny or desertion ; 

For neglect of duty ; 

Or for drunkenness on duty. 

A soldier absenting himself for the space of three months from all 
meetings, drills, and parades of his company, without leave or proper 
excuse, shall be considered a deserter. 

Sect. 147. No officer or soldier shall be tried by court-martial for 
any offence which appears to have been committed more thaii two 
years before the issuing of the order .for such trial, unless the per.sou, 
by reason of having absented himself from the state, or some other 
impediment, has not been amenable to justice within tli:it itericd 



Penalty for fail- 
ing to ser\'eeuin- 

nees tailing to 

apijear. 

1878, 265, § 140. 

OtfenceB for 
which coniniis- 
eioned otlicer 
may be tried by 
court-martial. 
1878, 265, § 141. 



enlisted m.itj 
may be tried. 
1878, 265, § 142. 
1881, 277, § 5. 



Not to be tried 
for an ortence 
committed more 
than two years 
before iBsujmce 
oforder for trial. 
j87S. 265, § 143. 



172 



REGIMENTAL, BATTALION, ETC., BY-LAWS. [ChAP. 14. 



When in service Sect. 148. When any portion of the military forces of tlie coni- 
riotfet^rtoblf mouwealtli is ordered by tlie eumniander-in-chief to assemble for 
governed by the tile purpose of suppressing any riot, insurrection, invasion, or in time 
1878, 205, § 144. of public danger, the rules and articles of war and general regula- 
tions for the government of the army of the United States, so far as 
they are applicable, and with such modifications as the commander- 
in-chief may prescribe, shall be considered in force, and regarded as 
part hereof, during the coutiuuauce of such service ; but no punish- 
ment under such rules and articles which extends to the taking of life 
shall in any case be inflicted, except in time of actual war, invasion, 
or insurrection, declared by proclamation of the governor to exist, 
and then only after the approval of the commander-in-chief of the 
seuteuce inflicting such punishment. 



Constitutional 
articles of agree- 
ment raaj- be 
adopted, subject 
to the approval 
of the command- 
er-in-chief. 
1878, 265, § 145. 

Pro%i80s. 



Fines est.ab- 
lished under 
articles of agree- 
ment or by-laws. 
1878, 265, § 146. 

I Mass. 443. 

4 Mass. 239, 376, 
656, 670. 
6 Mass. 406. 

II Mass. 456. 
12 M.asB. 271. 

I Pick. 463. 
3 Pick. 263. 
6 Pick. 189. 

II Pick. 355. 

15 Pick. 170. 

16 Pick. S4. 

19 Pick. 376, 530. 
21 Pick. 330. 

23 Pick. 64, 208. 

24 Pick. 172. 
1 Met. 148. 



OF REGIMENTAL, BATTALIOX, AXD COMPANY BY-L.AWS. 

Sect. 149. Companies, corps of cadets, separate battalions, or 
regiments may adopt constitutional articles of agreement or by-laws, 
subject to the approval of the conimaudei'-in-chief, for the govern- 
ment of matters relating to the interior economy of their respective 
organizations, the regulation of fines for non-performance of duty, 
and the determination of causes upon which excuses from fines may 
be based: p>'"i'ii!i-ih that such articles or rules shall not be repugnant 
to law or the regulations for the government of the militia ; and pro- 
vided, that the articles or rules adopted by any company attached to 
a regiment or battalion shall not be repugnant to the articles or rules 
adopted for the general government of such regiment or battalion. 
Certified copies of such articles or rules, with like copies of all altera- 
tions as finally approved by the commander-in-chief, shall be depos- 
ited in the office of the adjutant-general. 

Sect. 150. When regiments, battalions, corps of cadets, or com- 
panies establish in their constitutional articles of agreement or liy- 
laws the amounts which may be collected as fines from ofticers and 
soldiers of the volunteer militia for the non-performance of duty, such 
fines shall not exceed the amounts named as follows : — 

For each day's absence from camp, or from inspection in May or 
June, five dollars. 

For each day's absence from special duty when ordered by the com- 
mander-in-chief, or from anj' parade ordered by the commanding offi- 
cer of a regiment, battalion, corps of cadets, or unattached company, 
three dollars. 

For each absence from company or battalion drill, or meeting of 
officers or non-commissioned officers ordered for the purpose of in- 
struction, or from an election, one dollar. 



Regulations for 
government of 
militia. 
1878, 265, § 147. 

United States 
system of disci, 
p'liue, etc., to be 
observed l3y the 
militia. 

1878,265, § 148. 
Exemption from 
jury duty. 
i87'8,.265, § 149. 



Not to be arrest. 



GENERAL PROVISIONS. 

Sect. 1.51. The commander-in-chief may make and publish reg- 
ulations for the government of the militia in accordance with existing 
laws. 

Sect. 152. The system of discipline and field exercise ordered to 
be observed by the army of the United States, or such other system 
as may hereafter be directed for the militia by laws of the United 
States, shall be observed by the militia. 

Sect. 15.3. No officer or soldier shall be liable to jury duty while 
in the active militia service ; and any officer or soldier who has sen'ed 
continuously and faithfully for nine years in the volunteer militia 
shall be exempt for life thereafter from the performance of jury duty. 

Sect. 154. No officer or soldier shall be arrested on civil process 



Chap. 14.] militia — general provisions. 173 

while going to, remaining at, or returning from a place where he is ed on dyii pro- 
ordered to attend for election of otticers or military duty. cess while on 

Sect. lao. If an officer or soldier is wounded or otherwise dis- i878, 265, § iso. 

allied, or is killed, or dies of wounds received while doing military Relief for in. 

duty, according to law, in case of invasion, insurrection, or disturb- in'gen'icr'^'^'' 

ance of the peace, he, his widow or children, sliall receive from the is's, 265, § i5i. 
general court just and reasonable relief. 

Sect. 156. All military accounts, unless it is otherwise specially Military ac- 

provided by law, shall annually, on or before the fifth day of January, ^a^'^'t^grt^, 

be transmitted to the adjutant-general, and examined, and, if found adjutant-general 

correct, certified by him. They shall then, unless it is otherwise fifth day^oP ""^ 

specially provided by law, be presented to the state auditor for allow- 'Z,?™';,'^.- ,,, 

ance. and, upon such allowance certified by him to the governor, shall ' ■ - ■ s 
l)e paid to tlie persons to whom they are personallj' 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 bj- law. 

Sect. 1.57. Paymasters shall take proper vouchers in duplicate Paj-masters to 

for the payment of all moneys, and, immediatelj' after the payment {■OTpaymento* 

of troops, shall file with the treasurer of the commonwealth an ac- and file in the 

count of their payments, with the duplicates of their vouchers ; and coumof ?he?r 

such accounts shall be audited by the state auditor, and the several PJ.^8".2£J*5 ,„ 
paymasters held to account for any aud all discrepancies which may 
be found to exist. 

Sect. 158. Each paymaster shall give bond in the penal sum of to give bond 

ten thousand dollars, with two sureties at least, to he approved by ]g'ij ^'65*s"54 
the governor and council, and conditioned faithfully to discharge the 
duties of his ottice. 

Sect. 159. Any officer to whom any public military property is Any officer to 

at any time issued may be required to give bond, with two sureties prop"rtv"is^'^'^ 

satisfactory to the governor and council, aud conditioned faithfully to issued riiay be 

discharge the duties of his office ; to use all necessary care in the bond'" ° ^"'^ 

safe keeping of military stores and property committed to his custody ; '**'*■ -^- § ^**- 
to account for the same, and deliver over to his successor, or to »uy 
other person authorized to receive the same, all such military property. 

Sect. IGO. Rolls of the volunteer militia, showing the names of Roiie of officers 

all general, field, staff, aud uou-comniissioned staff officers, and the i'obemade'on™ 

names of all company officers and enlisted men in the service, shall the first day of 

be made on the first day «f June in each year, and shall be forwarded 'n"rd'ed'to the 

to the adiutant-general within twenty days thereafter : those for com- adjutant-genera 

1 11 1 1 1 ii i.' 1 1 "ithin twenty 

panics shall be prepared by the respective company commantlers, and days, 
all others by direction of the commanding officers of the se\eral organ- J^'piliPi'jIg^^^" 
izations. A sworn copy of such rolls shall be furnished by the com- 23 Pick. 54, 208. 
manding officers of companies and such other organizations to the 
mayor aud aldermen of the city or selectmen of the town in which 
such companies or organizations are located, for the purposes set forth 
in section one hundred and fifty-three. The clerk of the ancient and 
honorable artillery company shall furnish annually, as provided here- 
in, to the mayor and aldermen of the city of Boston, sworu rolls of 
all active members belonging to the company. 

Sect. 161. General and field officers, i)aymasters, the judge-.advo- Administration 
cate-general, aud all judge-advocates, may administer the oaths re- "^""ref ^^ 
quired in this chapter, except as provided in section fifty-four, and i878, 265, § 157. 
also such oaths as may be required by the regulations for the govern- 
ment of the militia. 

Sect. 162. Mustering officers of corps of cadets, holding the Mustenngoffi- 
rank of captain on the sixteenth day of May in the year eighteen JjYg^'esi's'iiS. 
hundred and seventy-eight, shall not by virtue hereof be reduced in 
rank. 



174 



MILITLi. — GENERAL PROVISIONS. [ChAP. 14. 



Rights of tlic 
ancient and lioii 
orable artillery 
company not 
affected. 
1878, 266, § 159. 



Constmction 
•of the words 
"soldier" and 
" company." 
1878, 265, § 160. 

Penalty on civil 

uflicers fur uey- 

lect. 

1878, 265, § 161. 



Ofticer to turn 
over property 
and records to 
immediate 
successor. 
1878, 265, § 162. 



Troops not to 
leave the state 
without permis- 
sion of cora- 
mander-in-cliief. 
1878, 265, § 163. 



Militia in serrici 

to receive same 

pay as United 

iStates regular 

troops. 

1878, 265, § 104. 



Sect. 163. Nothing coutained herein shall be construed as affect- 
ing the right of the ancient and honorable artillery company to 
maintain its organization as a military company according to ancient 
usage, and agreeably to the provisions of its constitution and by- 
laws, provided the same are not repugnant to the laws of this com- 
monwealth, or do not restrain the lawful parades or exercise of the 
active militia. 

Sect. 164. In this chapter the word "soldier" shall include 
musicians and all persons in the volunteer or enrolled militia except 
commissioued officers, and the word "company" shall include bat- 
tery. 

Sect. 165. Civil officers named in this chapter, who neglect or 
refuse to obey its provisions, shall, except as otherwise siiocially i)ro- 
vided, forfeit not less than twenty nor more than five hundred dollars 
for each offence. 

Sect. 166. An officer of the volunteer militia shall, on vacating 
au office, turn over to his immediate successor, or otlier officer desig- 
nated by the comniander-in-cliief, all records, reports, and military 
property in his possession belonging or pertaining in any way to such 
office. 

Sect. 167. No organization of the militia shall be lial)le to be 
ordered without the limits of the state, and no military organization 
shall leave the state, for any period or purpose whatever, with pulilic 
military property in its possession, or to be used by it, without the 
consent of the commander-in-chief. Any organization disobeying 
the provisions of this section shall forthwith be disbanded by the 
commander-in-chief, and its officers and memliers shall be liable to 
trial by court-martial for disobedience of orders. 

Sect. 168. The militia, when in the service of the United States, 
if paid by the commonwealth, shall receive the same pay and allow- 
ances as the regular trooi)s of the United States ; and the rations, 
when commuted, shall be valued at the rate fixed by the regulations 
of the United States army in force at the time. When the militia 
are discharged from such service, they shall be allowed pay and 
rations to their respective homes. 



Chap. lo.J 



STATE OFFICERS. 



lu 



TITLE V. 



OF CERTAIN STATE OFFICERS. 



CuAPTEK 15. — Of the Executive Department and the Secretary of the Com- 

inonwealth. 
Chapter 16. — Of tlie Auditor, Treasurer, and Matters of Finance. 
Chapter 17. — Of the Attorney-General and District-Attorneys. 
Chapter 18. — Of Notaries Public and Commissioners to administer Oaths of 

Office and to take Acknowledgments of Deeds, etc. 
Chapter 19. — Of the Board of Harbor and Land Commissioners. 
Ch.vpter 20. — Of the State Board of Agriculture. 
Cu.iPTER 21. — General Provisions relating to State Officers. 



CHAPTER 15. 



OF THE EXECUTIVE DEPARTMENT AND THE SECPvETA_RY OF 
THE COMMONWEALTH. 



THE GOVEKNOn, LIEUTENANT-GOVEKNOE, AND 
COUNCIL. 

Section 

1. Salary of governor. 

2. of lieutenant-governor. 

3. of members of council. 

4. Travelliug expenses of lieutenant-goveruor 
and council. 

5. Governor's private secretary. 

6. Executive clerk and messenger. 

7. Incidental expenses of executive depart- 
ment. 

S. Governor and council to represent the 
commonwealth in sun-eys made by the 
Vnited States. 



the secretary. 
Section 
9. Salary, etc., of secretary. 

10. His clerks, etc., and their salaries. 

11. Wben deputies may act. 

12. Secretary to keep state seal; copies certi- 
fied by him to be evidence. 

13. to keep stereotype plates, etc., belong, 
ing to commonwealth. 

14. to send notices to justices and notaries 
of expiratiou of their commissions. 

15. to furnish blanks for returns. 



THE GOVERNOR, LIEUTENANT-GOVERNOR, AND COUNCIL. 

Section 1. The governor shall receive a salary of four thousand 
dollars a year, aud shall not be entitled to any fees or perquisites of 
office. 

Sect. 2. The lieutenant-governor shall receive a salary of two 
thousand dollars a year. 1879, 35, § 2. 

Sect. 3. Each member of the council shall receive a salary of 
eight hundred dollars a year. 1879, 35, § 2. 

.Sect. 4. The lietiteuaut-governor and each member of the council 
shall be paid for his travel from his place of abode to the place of 
sitting of the governor and council and returning home, once in each 
regular session held during the annual session of the legislature, aud 
once for each subsequent session, whether consisting of one day or 
of several consecutive days, such sum of moue}' as he actually ex- 
pends for such travel. Each member shall certify in writing the 
amount so expended by him. 

Sect. .5. The governor may appoint some suitable person as his 
private secretary, who shall hokl office during the pleasure of the 



Salary of 
joveruor. 
1879, 35, § 1. 



Travelling 
expenses of 
lieutenant- 
governor and 
council. 
1879, 35, § 3. 



Governor's pri 
vate secretary. 
Kes. 1861, 1. 



n'l 



THE SECRETARY. 



rCHAP. 15. 



Executive clerk 
and messeniier. 
1881, 147. 



Incidental 
expenses of 
executive 
department. 
1879, 208. 

Governor and 
council to 
represent tlie 
commonweaitli 
in surceys made 
by the United 
States. 



governor, and shall receive a salary of fifteen hundred dollars a 
year. 

Sect. 6. The governor, with the advice and consent of the coun- 
cil, may appoint an executive clerk and a messenger, both of whom 
shall hold office during the pleasure of the governor and council, and 
shall perform such duties as may be required of them by the gov- 
ernor or by the governor and council. The executive clerk shall 
receive a salary of twelve hundred dollars a year, and the messenger 
a salary of eight hundred dollars a year. 

Sect. 7. There shall be allowed and paid each year from the 
treasurj' of the commonwealth a sum not exceeding three thousand 
dollars for such expenses of the executive department as the gov- 
ernor may find necessary. 

Sect. 8. The governor and council shall co-operate in behalf of 
the commonwealth in all scientific surveys, made by the United 
States government, of harbors, rivers, shores, or waters within the 
commonwealth, and shall represent the commonwealth in relation to 
such surveys, and protect its interests therein. 



Salary, etc., of 
secretary. 



1879, 79, § 2. 
1881, 23, § 1. 
1881, 224. 



When deputies 
may act. 
G. S. 14, § 5. 



Secretary to 
keep state seal ; 
copies certified 
by him to be 
evidence. 
G. S. 14, § 6. 

to keep stereo- 
type plates, etc., 



belontfine: t 



Res. 1879, 5. 

to send notices 
to justices .and 
notaries of ex- 
piration of their 
commissions. 

to furnish 
blanks for 
returns, 
G. S. 14, § 9. 



THE SECRETARY. 

Sect. 9. The secretary of the commonwealth shall receive a salary 
of two thousand and five hundred dollars a year. He shall exhibit 
to the governor and council a quarterly return, under oath, of all fees 
of office received by him. 

Sect. 10. He may employ in his office three permanent clerks ; the 
first at a salary of eighteen hundred dollars a year, the second at a 
salary of fifteen hundred dollars a year, and the thiril at a salary of 
twelve hundred dollars a year. He may employ, at an expense not 
exceeding ten thousand dollars a year, a messenger and such ad- 
ditional clerks and other assistance as may be necessary for the 
despatch of the public business : provided, that no person so em- 
ployed shall receive compensation or salary at a rate exceeding twelve 
hundred dollars a year. 

Sect. 11. When, by reason of sickness, absence, or other cause, 
the secretary is disabled from performing 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. 12. 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 in like manner as 
the originals. 

Sect. 13. He shall have the charge and custody of all stereotype, 
electrotype, steel, and copper plates, and of all woodcuts, owned by 
the commonwealth, and shall care for and dispose of them as in his 
judgment the best interests of the commonwealth may require. 

Sect. 14. He shall send by mail to every person commissioned as 
a justice of the peace or notary public a notice of the time of the 
expiration of his commission, not more than thirty nor less than 
fourteen days before such expiration. ises, 23i,§i. 

Sect. 15. He shall annually in September furnish to the officers 
mentioned in sections thirty-four and thirty-five of chapter two 
hundred and nineteen blank forms of the returns required by said 
sections, with the said sections printed thereon. 



Chap. 1G.] the al*ditoh, tkeasuker, etc. 



177 



CHAPTER 16. 

OF THE ATJDITOK, TREASURER, AND MATTERS OF FINANCE. 



the auditor. 
Section 

1. Auditor to give bond. 

2. Auditor's salary; his clerks and their 
salaiies. 

3. Duties of auditor. 

4. Bills, vouchers, etc., to be deposited with 
auditor, etc. 

5. Auditor to keep accounts, etc. 

6. Annual examination of books, etc., of treas- 
urer and auditor. 

7. Auditor's annual report, 
g. Same subject. 

9. Same subject. 
10., Same subject. 

11. Same subject. 

12. Same subject. 

13. Railroad shares and other securities to be 
reckoned at market value. 

THE TREASURER AND RECEIVXR-GENERAL. 

1-4. Treasurer to give bond. 

15. Where bond shall be deposited, and when 
it may be sued. 

16. Treasurer may be removed in certain cases. 

17. Treasurer's salary; his clerks and their 
salaries. 

18. Treasurer to be tax commissioner. 

19. to have custody of bonds, etc., belonging 
to commonwealth. 

20. Deeds to commonwealth to be kept by 



due on bonds, 



21. Collection of 
and unpaid. 

22. Treasurer's annual report. 

23. Provision for taking charge of funds, etc., 
in treasury, in case of death of treasurer, 
etc. 

24. Inventory of money, etc., to be taken. 

25. Duplicate receipts to be given by every 
new treasurer. 

MATTERS OF FINANCE. 

26. Annual estimates of appropriations needed 
for coming year. 

27. Annual reports of expenditures for past 
year. 

28. Foi-malities to be observed before pay- 
ments are made from the treasury. 

29. Appropriation not to be used for payment 
of an account, unless directly authorized by 
head of department, etc. 

30. Unexpended balances of appropriations to 
revert to treasury. 

31. Paj-raents to be withheld from persons 
ha\ing unadjusted accounts with common- 
wealth. 

32. Bills of charges to contain items. 

33. Pajnnents to be made from ordinary reve- 
nue, etc. 

34. " Incidental expenses." 

35. Later appropriation to supersede earlier 

36. Only enough to meet expenditures incurred 



Section 

37. Duties of public officers in using appro- 
priations. 
3S. Same subject. 

39. Improvements, etc., in public buildings, 
not to be made without an appropriation, 
etc. 

40. Auditing of accounts for expenses incurred 
under orders of general court. 

41. Committees of general court not to incur 
expenses, except, etc. 

42. may advertise public hearings. 

43. Postage for committees. 

44. Committees appointed to act during recesa 
not to incur U„bilities, unless, etc. 

45. Auditing of expenses of committees of 
general court. 

46. Payment of fees of witnesses before general 

47. Appropriations for witness fees may be 
applied to taking depositions. 

48. Compensation of commissioners, etc. 

49. Books, etc., not to be ordered for members. 

50. Travelling expenses of public officers. 

51. Secretary, etc., to make annual report of 
office expenses. 

52. Fees to be paid into state treasury monthly. 

53. Actions to recover money due common- 
wealth. 

54. Salaries, when payable. 

55. Deposit of public moneys in national banks. 

56. Assignment of bonds, mortgages, etc. 

57. Treasurer may give assignment instead of 
discharge of mortgage. 

58. may sell real estate held under foreclos- 
ure of a mortgage. 

59. PajTnent of interest by the commonwealth. 

60. Funds of the commonwealth, how to be 
invested. 

61. Annual examination of securities. 

62. Unappropriated income, etc., of funds, to 
be added to principal. 

63. Transfer of securities from one fund to 
another. 

64. Security against mechanics' liens on public 
buildings. 

65. Auditing officers may require oath that all 
articles, etc., for which claim is made, have 
been furnished, etc. 

66. Notes for money borrowed by the com- 
mouwealth. 

67. Bonds and scrip of commonwealth to be 
paid in gold coin. 

68. Issue of registered in exchange for coupon 
bonds. 

69. new bonds in place of those mutilated, 
etc. 

70. duplicate bonds when originals have been 
lost or destroyed. 

71. Bond of indemnity to be filed by owner ot 
lost bond. 

72. Certain officers to make returns of ffeee, 
etc., received. 

73. Blanks for returns; penalty for neglect. 



178 



THE AUDITOR. 



[Chap. 16. 



Auditor to give 

bond. 

1S67, 178, § 1. 



Auditor's sala- 
ry ; bis clerlis 
and tbeir sala- 
ries. 

1867, 178, § 2. 
1879, 81, §§ 1-1. 
1881, 254. 



Duties of 

auditor. 

1867, 178, §§ 3, 4. 

13 Allen, 593. 



Bills, vouchers, 
etc., to be de- 
posited with 
auditor, etc. 
1867, 178, § 4. 
1878, 187, § 1. 



Auditor to keep 
accounts, etc. 
1867, 178, § 6. 



THE AUDITOR. 

Sf.ctiox 1. The auditoi- shall give to the treasurer and reeeivor- 
geueral of the commonwealth a bond with sutlicient sureties, to be 
approved by the governor with the 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 and five hun- 
dred dollars a year. He may employ in his department two perma- 
nent clerks ; the first at a salaiy of eighteen hundred dollars a year, 
and the second at a salary of fifteen hundred dollars a year ; he may 
also employ two extra clerks at salaries of twelve hundied dollars 
each a year, and such additional clerical assistance as may be neces- 
sary for the despatch of the public business, at a compensation not 
exceeding for the year or any part thereof the rate of five hundred 
dollars a year. 

Sect. 3. He shall examine and scrutinize all accounts and de- 
mands against the commonwealth, excepting those for the salaries of 
the governor and of the judges of the supreme judicial court, those 
due on account of the principal or interest of a public debt, or of the 
pay-rolls of the executive council, the senate, or the house of rep- 
resentatives, and those for repayments required under section sixty- 
five of chapter thirteen, to be made on account of taxes illegallj' 
exacted. In the examination of claims he may, if necessary, require 
affidavits that articles have been furnished, sen'ices rendered, and 
expenses incurred, as therein specified ; and the affidavit for articles 
furnished, services rendered, and expenses incurred for any state 
institution may be made by the disbursing agent or officer thereof. 
He shall in all cases make a certificate specifying the amount due and 
allowed on each demand, the name of the party to whom such amount 
is due or payable, the law authorizing the same, and the head of 
expenditure to which it is chargeable. When the general court, liy 
express statute, authorizes a board or public officer to approve demands 
against the commonwealth, and an appropriation therefor has been 
made, it shall be the duty of the auditor, when such demands are 
properly approved, promptly to audit and certify as aforesaid such 
an amount as he may deem correct, not exceeding the appropriation 
for that purpose ; and if, upon examination, it appears to him that 
there are improper charges in said accounts, he shall report the same 
to the goveiTior and council, with a separate certificate therefor. He 
shall record all certificates in a book kept for that purpose, and shall 
transmit the certificates to the governor, who, with the advice and 
consent of the council, may issue his warrant to the treasurer for the 
amount therein specified as due. 

Sect. 4. The department of the auditor shall be the repository of 
all original bills and vouchers on which monej'S have been or may be 
paid from the state treasury, excepting those upon which payments 
are authorized without the certificate of the auditor or warrant of the 
governor ; and all boards, commissions, or public officers authorized 
to make contracts under which moneys may be payable from the 
treasury of the commonwealth shall file with the auditor ceitified 
copies of any such contracts made by them. 

Sect. 5. The auditor shall keep a distinct account of all public 
receipts and expenditures under appropriate heads. He shall keep a 
like statement of the school fund and of other public property and 
of all debts and obligations due to and from the commonwealth ; and 
for such purposes he shall have free access to the books and papers 
of the several departments, Ijoards, and institutions of the common- 
wealth. 

Sect. G. He shall aimuallv. in the month of January, examine 



Chap. 16.] tkeasurer and receiver-general. 179 

the books, accounts, and vouchers of the treasurer; and his own nation of books, 
books and accounts shall be suljject at auy time to such examinatiou Sid'a'tfditoT'"'"' 
as the governor and council or the general court may direct. He shall isw, its, § 6. 
comply with any regulations in relation to the duties of his office which 
may be transmitted to him in writing by the governor and council, aud 
are not inconsistent with the provisions of this cimpter. 

Sect. 7. On or before the fifteenth day of January in each year Auditor's annu. 
he shall submit, in print or otherwise, to the general court, a report iseT^m' s 7 
exhibiting a full and accurate statement of the financial condition of 
the commonwealth, and of the i>ecuniary transactions thereof, during 
the year ending on the last day of the [)receding mouth. 

Sect. 8. Such report shall contain a summary statement of the Same subject. 
receipts into, and payments from, the treasury of the commonwealth ^^^'' ^'*' ^ *■ 
for the preceding year ; also a detailed and particular statement of the 
receipts and expenditures lielouging to each year, such detailed state- 
ment of expenditures to include, first, the expense iacurred during the 
year for the support of all permanent departments, services, and in- 
stitutions ; aud second, ail exceptional and special charges incurred 
for objects ordered within the year ; the account l)eing constructed in 
such a manner as to show the expenditures actually incurred within 
the year, as far as can be ascertained, whether paid during the year 
or remaining wholly or in part unpaid at the close of the year. 

Sect. 9. The report shall also show the aggregate amount of Same subject, 
funded debt at the beginning and end of the year respectively and ^*^^' •"*■ ^ *• 
the balance of increase or decrease, aud shall contain a statement of 
the cause of such lialance ; aud in like manner shall show the aggre- 
gate amount of all temporary loans at the beginning aud end of the 
year and the balance of increase or decrease, and shall contain a 
statement of the cause of such balance ; and it shall likewise state 
whether the ordinary expenses of the year have exceeded the income, 
or the contrary, aud show the amount of the Imlance. 

Sect. 10. The report shall also include the items of all accounts Same subject. 
of expenditure, so far as they.may be useful or interesting to the peo- ^^'' "*> Sim- 
ple of the commonwealth ; and, as far as may be practicable, the 
various heads of expenditure shall be separated so as to show the dif- 
ferent officers or boards under whose direction the several portions of 
the expenditure have been incurred : all salaries and other general 
charges shall likewise be separated so as to show the differentclasses 
of officers who received the several portions of the expenditure ; and 
uo expenditure exceeding five hundred dollars shall, if it is composed 
of separate items, be included under any indefinite head. 

Sect. 1 1 . The report shall also contain a particular statement of Ssime subject. 
all transactions affecting the funds belonging to or held in trust by 1867, its, §u. 
the commonwealth, including new investments of any portion of said 
funds which may have l>een made during the preceding year, and also 
of the manner in which the moiety of the income of the school fund, 
applicable to educational purposes, has been disliursed. 

Sect. 12. The report shall also include an estimate, for the cur- game subject. 
rent year, of the ordinary revenue of the commonwealth, and of such i*"^'- ^'^-^ ^'^^ 
other means as the auditor may he able to point out for the defraying 
of expenditures. 

Sect. 13. In estimating the value of railroad shares and other Kaiiroad sharee 
securities, the auditor shall reckon them at their market value at the riUes'to''be^'"'"' 
time of making his report. 1867, its, « 13. reckoned at 

O L * u.,*.u, yi<j. market value 



market value. 



THE TREASURER AND RECEIVER-GENERAL. 



Sect. 14. The treasurer and receiver-general shall give a bond Treasurer to 
with three sureties at least, to be approved by the governor with the g!I. 1", §9. 



180 



TREASURER AND RECEIVER-GENERAL. [ChAP. 16. 



Bond, where to 
be deposited and 
when to be sued. 
G. S. 16, § 10. 



Treasurer may 
be removed in 
certain cases. 
G. 8. 15, § 11. 
Amend, const, 
art. 17. 



Treasurer's sal- 
ary; his clerlis 
and their sala. 



1865, 283, § 12. 

to have custo- 
dy of bonds, etc., 
belonging to 
commonwealth. 
Q. S. 15, § 18. 



Deeds to com- 
monwealth to 
be kept by 
treasurer. 

Collection of 

moneys due on 

bonds, etc., and 

unpaid. 

G. S. 15, § 17. 



Treasurer's 
annual report. 
G. S. 16, § 19. 



advice and coiiseut of the council, in the sum of one hundred thou- 
sand dollars, payable to the commouwealth, with condition in sub- 
stance as follows : that he and all persons employed in his office shall 
faithfully discharge their duties and trusts ; that he shall use all neces- 
sary and reasonable diligence and care iu the safe keeping and lawful 
disposal of all sums of money, books, bonds, notes, papers, and other 
things appurtenant to his office, which shall come to his hands or to 
the hands of the persons emploj'ed by him ; that he shall, upon rea- 
sonable notice, render true accounts of his doings, when thereto 
required by law or by the senate or house of representatives ; that he 
shall deliver over to his successor in office, or to such other person as 
may be authorized to receive the same, all money, books, bonds, notes, 
and other things belonging to said office ; and that all balances and 
defalcations, which shall appear against him, shall be forthwith paid 
into the treasury of the commonwealth. 

Sect. 15. The bond shall be deposited in the secretary's office ; 
and, upon the order of the governor with the advice and consent of 
the council, or upon the order of the senate and house of representa- 
tives, the attorney-general, or any other person by them authorized 
for that purpose, shall commence an action on such bond, and prose- 
cute the same to final judgment, execution, and satisfaction. 

Sect. 16. Upon the representation under oath of a surety iu such 
bond, or of any other person, that the treasurer is insane or manifestly 
insolvent, or has absconded or concealed himself, or is absent from 
the commonwealth or from the duties of his office to the hazard of the 
public treasury, if upon examination such representation appears to 
be true, the governor, with the advice and consent of the council, 
shall remove the treasurer from office, and declare the office ^'acaut. 

Sect. 17. The treasurer shall receive a salarj' of four thousand 
dollars a j'ear. He may employ in his office two permanent clerks, 
the first at a salary of twenty-three hundred dollars a j'ear, and the 
second at a salary of eighteen hundred dollars a year ; a cashier at a 
salary of eighteen hundred dollars a year, and two extra clerks, each 
at a salary of twelve hundred dollars a year. 

Sect. 18. He shall be tax commissioner, with all the powers and 
duties conferred and imposed by the provisions of chapter thirteen 
upon that office. 

Sect. 19. He shall have the custodj' of all notes, bonds, and mort- 
gages belonging to the commonwealth, shall receive all money accru- 
ing from the same, and shall kee)) a separate account of the mouej', 
notes, and obligations so i-ecei\-ed by him. 

Sect. 20. All deeds and instruments conveying real estate to the 
commonwealth shall, when recorded, be deposited with and safely 
kept by the treasurer. is70, 329. 

Sect. 21. The treasurer shall annually on the first IMonday of Jlay 
transmit to the attorney-general or other prosecuting officer of the 
government an account of bonds, notes, and securities iu the treasury, 
in which the commouwealth is interested and on which the principal 
or interest remains due and unpaid, or of which the conditions have 
not been performed, classing them under distinct heads, as far as may 
couA'Cuiently be done ; and the officer to whom they are so transmitted 
shall, upon receiving the same, enforce the collection of the money 
so due and the performance of the conditions so unperformed, and 
shall requfl-e such payments and settlements in the premises as he may 
think the interests of the commonwealth demand, with due regard to 
the situation of the debtors. 

Sect. 22. The treasurer shall annually iu January report to the 
general court a statement of the operations of his department for 
the year ending on the last day of the preceding month, including a 



i 



Chap. Id.] matters of finance. 181 

specific statement of all wanants remaining unpaid, and of the names 
of the persons in whose favor they are drawn. 

Sect. 2S. Upon the death or resignation of the treasurer, or other Pimnsion for 
vacancy in that office, the secretary, with two suitable persons to be on\imj8!'etc!', 
appointed by warrant under the hand and seal of the governor, shall re- '» tieasmy, in 
pair to the places where the money, papers, and other things belong- ticiisurer, etc. 
ing to tlie treasury are kept, and, having previously given notice to ^- ^' ^^' ^ -"■ 
sucli late treasurer, or to his heirs, executors, or administrators, and 
to his sureties or one of them, or to such of said persons as maj' be 
found within the commonwealth, shall seal up and secure, in their 
presence if they attend, all such money, papers, and other things sup- 
posed to ))e the property of the commonwealth ; and they shall give 
such representatives or sureties, if required liy them so to do, a true 
list of all boxes and packages so sealed up and secured, and shall 
note on such list the places where the same are deposited. 

Sect. 24. After sealing up and securing the effects, the secretary, inventory of 
with the two persons appointed as aforesaid, shall as soon as may be, ™e°Sn.'°'' '° 
and after notice to the parties mentioned in the preceding section, g. s. 15, §21. 
cause the boxes and packages to be examined, and a true inventory 
to be taken of the monej', and of all bonds, notes, securities, books, 
and other things appertaining to said office, which shall be required 
by tlie late treasurer or by his representatives or sureties, or l)y either 
of them. A copy of such inventory shall be deposited in the sec- 
retary's office, and copies shall also l)e given to anj' of said parties 
who may require them. 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 receipts from him 
therefor ; one of which receipts shall be deposited with the secretary, 
and the other with the late treasurer or his legal representatives or 
sureties or one of them. 

Sect. 25. Upon every appointment or election of a new treas- Duplicate 
urer, he shall give duplicate receipts, one of which shall be deposited g^veu'lVevcry 
with the secretarj' ; and such receipts shall be sufficient evidence, for J'.'=^^"™*"|;f,'- 
his predecessoi' in office, of the property of the conniiouwealth re- 
maining and delivered over by him, and shall be his sufficient dis- 
charge therefor. 

MATTERS OF FINANCE. 

Sect. 26. Every public officer or board having chaise of auy Annual esti- 
department of the public service requiring an expenditure of money jirlattanl 'iFeeded 
from the state treasury, otlier than for the payment of salaries, shall for coming year. 

Cr S 15 $ '^8 

on or before the fifteenth day of December in each year submit to the is'vs/sw. 
secretary of the commonwealth estimates in detail and in tabular ^^^"i ^^> 5 ^■ 
form showing the amounts appropriated for the current j'ear and the 
amounts required for the ensuing year, with notes explaining the 
necessity of any new, increased, or decreased expenditures, and cita- 
tions of statute provisions relating to said expenditures. The secre- 
tary shall embody such estimates, together with those for his own 
depaitment, in one document, w'hich shall be printed and laid before 
the general court on the second Wednesday of the succeeding January 
for its examination. 

Sect. 27. Eveiy public officer or board having charge of the dis- Annual reports 
bursement of money appropriated from the ordinary revenue or from for'iras't'y'ear.™* 
tlie income of any funds belonging to or under the charge of the com- G. s. 15, § 29. 
monwealth shall annually in the first week of January report in de- 
tail to the auditor, in such form as he shall prescril)e, all expenditures 
made by such officer or board, and the objects to which such expen- 
ditures have been applied. 



182 



MATTERS OF FINANCE. 



[Chap. 16. 



Formalities to 
be observed 
before payments 
are made from 
tbe treasury. 
Const, pt. 2, 
c. 2, § 1, art. 11. 
G. S. 15, S§ 30, 
31. 



Appropriation 
not to be used 
for payment of 
an account, 
unless directly 
authorized by 
head of depart- 
ment, etc. 
1S67, 178, § 4. 



Unexpended 

balances of 

appropriations 

to revert to 

treasury. 

G.S. 16, §§31,40. 



coramonwealth. 
G. S. 16, § 32. 
8 Allen, 247. 

Bills of charges 
to contain items. 
G. S. 16, § 49. 
PajTuents to be 
made from ordi- 
nary revenue, 
etc. 



" Incidental 
expenses." 
G. S. 16, § 38 



Later appropria- 
tion to supersede 
earlier one. 
G. S. 16, § 39. 

Only enough to 
meet expendi- 
tures incurred 
to be drawn. 
1874, 360, § 2. 

Duties of public 
ofiicers in using 
aporopriations. 
G."S. 15, § 41. 
1878, 187, § 2. 



.Sect. 28. Except as hereinafter provided, no money shall be paid 
from the treasury of the commonwealth without a warrant from the 
governor, and such warrant shall not he drawn except in accordance 
with an appropriation in some act or resolve of the same or of the 
preceding year, uor shall it be drawn until after the demand or 
account to be paid has been certified by the auditor ; but the principal 
and interest on all jniblic debts shall be paid when due without any 
warrant, aud the governor may, without any such appropriation as 
aforesaid, draw his warrant for the payment of his own salary aud 
the salaries of the justices of the supreme judicial court as established 
by standing laws, for the payments required to be made to towus liy 
sectiou three of chapter forty-three, and for repayments required 
under section sixty-five of chapter thirteen to be made on account of 
taxes illegally exacted, and no certificate shall be required from the 
auditor for the payment of the pay-rolls of the council, senate, and 
house of representatives. 

Sect. 29. No apiiropriatiou shall be used for the payment of an 
account or demand, except thuse upon which payments are authorized 
to be made without the eeililicate of the auditor or warrant of the 
governor, unless such account or demand has been first directly 
authorized and approved by the head of the department or bureau 
for which it has accrued ; nor shall anj' appropriation be used for 
expenses (gratuities and special sjillowauces by the general court 
excepted) unless full and properly approved vouchers therefor have 
been filed with the auditor. 

Sect. 30. If an appropriation or a portion thereof is uot, within 
the political year in which it is made or within the succeeding year, 
applied to the objects for which it was designed, it or the unapplied 
balance thereof shall revert to the general treasury, and shall not 
afterwards be paid out except upon a new appropriation. An appro- 
priation for a specific year shall not be construed to prevent the 
application of an unexpended balance in the following year to the 
same objects. 

Sect. 31. No appropriation law shall be construed to require any 
l)ayment to a person with whom the commonwealth has an unad- 
justed account, but the governor, upon receiving satisfactory infor- 
mation that any money is illegally withholden from the commonwealth 
by such person, shall instruct the treasurer to withhold all payments 
to him while such default continues. 

Sect. 32. No bill of charges against the commonwealth shall be 
allowed or paid unless it specifies the items. 

Sect. 33. Payments authorized by laws appropriating money shall 
be made from the ordinary revenue, if no other provision is exi)ressly 
made therefor. Cash from tlie ordinary revenue on hand at the liegiii- 
ning of each year shall be carried to the account of the ordinary 
revenue of that year. 

Sect. 34. The term "incidental expenses," when used in an 
appropriation, shall include expenses of postage, printing, and sta- 
tionery. 

Sect. 35. An appropriation for a service or object for which a 
different appropriation has been made in some previous act or resolve 
shall supersede the earlier one. 

Sect. 36. No greater sum from an appropriation for an institu- 
tion, board, or department of the commonwealth shall be drawn from 
the treasury at any one time than is necessary to meet expenditures 
then incurred. 

Sect. 37. Public officers charged with the execution of a ser-\-ice 
for which an appropriation has been made shall use every effort to 
accomplish such service for a less sum than the amount of such appro- 



Chap. 16.] matters of fixance. 183 

priation, when it can be done conformablj' to tlie interests of the 
commonwealth. No public otllcer shall make purchases or incur 
liabilities in the name of the commonwealth for a larger amount than 
that which has l)een appropriated by law for the service or object for 
which such purchases have been made or liabilities incurred ; and the 
commonwealth shall be subject to no responsibility for the acts of its 
servants and officers beyond the several amounts duly appropriated 
bj' law. But this section shall not prevent public officers or boards 
from continuing the several departments of service under their charge 
during the month of January, until the pleasure of the general court 
is made known, at the rate of expenditure authorized by the appro- 
priations for the preceding year. When from any cause expenditures 
are made in excess of appropriations, the officers having charge of 
such expenditures shall on or before the fifteenth day of January in 
each year report to the auditor the details of such expenditures with 
the reasons therefor, and the auditor shall make a special report of 
the same to the general court early in its session. 

Sect. .38. No public officer or board shall incur a new or unusual Dntiee of pubUe 
expense, make a permanent contract, increase a salary, or emjiloy SpiiropriaUoMf 
a new clerk, assistant, or other subordinate, unless an appropriation ts- s. is, § 42. 
sufficient to cover the necessary expense thereof has been previously 
made by the general court. 

Sect. 39. No permanent improvement, alteration, or addition improvements, 
shall be made in a building belonging to the commonwealth, until a bu'iVdlSKs^not to 
specific description of the intended change and an estimate of the be made without 
expense thereof have been submitted to the general court, and until uonfetc!''"''" 
a special appropriation has been made therefor ; but this shall not ^'-f '^^^ ^ ^■ 
prohibit expenditures necessary for keeping such a building and the 
grounds appurtenant thereto in good order and condition. No board 
or officer shall insure any property of the commonwealth without 
special authority of law. 

Sect. 40. Accounts for expenditures incurred or sen-ices ren- Auditing of 
dered, other than by legislative committees, under an order of either peMesUicurred 
branch or of both branches of the general court, may be approved under orders of 
by the presiding officer of the branch by which such order has been ismTsm,™?." 
passed, or by the sergeant-at-arms or other person or persons to 
whose direction or supervision such expenditures or services have 
been specially intrusted, and thereupon the auditor shall audit and 
certify the same for allowance and payment. But no such order shall 
authorize the expenditure of more than one hundi-ed dollars, unless a 
specific appropriation to co\'er such expenditure has been previously 
made. 

Sect. 41. Except as hereinafter provided, no joint committee of Committecaof 
the general court shall, in the performance of its duties, incur any Jot to^incuVL- 
expense to be paid by the commonwealth, unless duly authorized by penses, except, 
order of the two branches ; and no committee of either branch shall isn, isi, § i. 
incur such expense, unless authorized l)y order of the branch to which 
it belongs. 

!^CT. 42. A committee of the general court or of cither branch may advertise 
thereof may advertise, in such newspapers published within the com- isTr'.'isirfa.^'" 
monwealth as it may deem i)roper, such public hearings on matters 
referred to it as it may, by vote of a majority of the wliole commit- 
tee, determine to be expedient ; but the order for such advertisement, 
signed by the chairman or secretary of the committee, shall be for- 
warded to any newspaper in which it is to be published by the auditor 
of the commonwealth, who shall keep a record of such orders, and 
shall certify the bills therefor. 

Sect. 43. Postage for the several committees of the general court. Postage for 
or of either branch thereof, shall be furnished by the sergeant-at- Tg^lil^l't. 
arms, who shall lie reimbursed for the same. 



184 



MATTEES OF FINA>'CE. 



[Chap. lU. 



Comniitteea ap- 
pointed to act 
during recess 
not to incur 
liabilities, un- 
less, etc. 
G. S. 15, § 45. 
1869, 309, § a. 



Auditing of 
expenses of 
committees of 
general court. 
1875, 186, § 1. 
1877, 181, § 3. 



Payment of 
fees of wit- 
nesses before 
general court. 
1860, 41, §§ 1, 2. 



Appropriations 
for witness fees 
may be applied 
to taking depo- 
sitions. 
G. S. 15, § 46. 
Compensation 
of • ■ 



Books, etc., not 
to be ordered 
for members. 

G. a. 2, § 16. 

Trtnelliug ex- 



Sect. 44. No committee of the general court shall incur any ex- 
penditure or liability in behalf of the coininoiiwealth after the close 
of the regular session, unless there is a subsisting appropriation there- 
for, and then only to the extent of such appropriation, nor shall a 
committee appointed to act during the recess of the general court incur 
any such liability after the close of the recess during which it has 
been appointed to act. 

SiccT. 45. Except as provided in sections forty-two and forty- 
three, no money shall be allowed and paid from the treasury for ex- 
penditures incurred by committees of the general couit, unless such 
expenditures are approved and audited in the following manner : 
namely, at the beginning of each month during the sessions of the 
general court, and at such other times as may be found convenient 
and necessary for the purpose, it shall be the duty of the secretaiy 
of the committee, or other member thereof designated for that pur- 
pose, to prepai'e a schedule of such expenditures as have been 
incuiTed and for which bills have been rendered, and such schedule, 
with each bill enumerated thereon, shall be presented to and passed 
upon by the committee, and, when agreed to, shall be approved in 
writing by a majority of the members thereof, and shall then ))e 
transmitted to the auditor for allowance and payment ; but if a bill 
for an expenditure duly authorized and incurred during a regular or 
special session of the general court has not been rendered during such 
session, so that the same cannot be laid before the committee at a 
meeting as aforesaid, the approval in writing of a majority of the 
members of the committee shall be sufficient to authorize the auditor 
to allow and certify the same for payment. Blank forms for the 
schedules herein mentioned shall be furnished by the auditor. 

Sect. 4G. Any sum appropriated by law for the fees of witnesses 
before the general court maj' be allowed and paid to the sergeant-at- 
arms, who shall pay the legal fees due to witnesses summoned before 
committees authorized to send for persons and papers, upon the certifi- 
cate of the chairman or other member authorized by the committee 
to certify such accounts, as soon as may be after said witnesses are 
discharged, and shall, witliiu ten days after the expiration of tlie 
session of the genei'al court at which the witnesses appeared, return 
into the auditor's office the accounts of such witnesses, and pay into 
the treasurer's ofBce the unexpended balance of the money so paid 
over to him. In case witnesses are summoned in any session before 
the passage of an act making an appropriation for witnesses, the 
governor may draw his warrant for a sum not exceeding the appro- 
priation made in the preceding year, and not in any case to exceed 
three hundred dollars ; and said sum shall be allowed and paid to the 
sergeant- at-arms in anticipation of the regular appropriation, to be 
disbursed in the manner before provided. 

Sect. 47. An appropriation for fees of witnesses before a commit- 
tee of the general court may be applied, so far as necessary, to pay 
the expense of taking depositions ordered or authorized by such com- 
mittee. 

Sect. 48. In cases not otherwise provided for, the compensation 
for the services of committees of the general court appointed to act 
during the recess, an'd that of legal counsel and commissioners 
appointed by the executive, shall be determined by the governor and 
council, who shall approve such claims before they are sent to the 
auditor of accounts. 

Sect. 49. No periodicals, publications, or books, other than those 
printed for the use of the general court, shall be ordered for members 
thereof at the charge of the commonwealth. 

Sect. 50. Commissioners and other public officers having jurisdic- 



i 



Chap. 16.] matters of finance. 18.5 

tion throughout the commonwealth, to whom travelling expenses are penses of public 
allowed, shall receive for each mile actually travelled not more than g. si'is, §43. 
tluee and one-half cents a mile each way, nor more than the amount 
actually expended. 

Sect. 51. The secretary, treasurer, auditor, and adjutant-general Secretary, etc., 
shall lay before the general court, at the commencement of its annual re^n of^"i' 
session, an account of the salaries and allowances received by them gPl^jj^jg 
and their clerks and of all other expenses of their offices for the pre- 
ceding year, with a statement of the names and periods of service of 
each clerk employed. 

.Sect. i>2. Officers of public institutions and of departments of Fees to be paid 
the commonwealth receiving fees or other moneys payable into the }Jl.j?monthijr*' 
treasury shall pay over, at least once in each month, such sums as !*'■*■ ^eo. § i- 
they may liave received. 

Sfxt. 53. All civil actions to recover monej' for the benefit of the Actions to re- 
commonwealth may be brought by the attorney-general or a district- durconunon- 
attorney in the name of the connnouwealth. isee, 23.3, § 2. wealth. 

Sect. 54. Salaries paj'aljle from the treasury shall, except when salaries, when 
otherwise provided, be paid monthly on the first days of eacli month, '4?s.''i5, § 36. 
and shall be in full for all services rendered to the commonwealth by 1867, 263. 
the persons to whom they are paid. No salary shall be paid to any gs Mass. 4S4. 
person for a longer period than that during which he has been actually 
employed in the duties of his office. When a salary is diminished, 
no greater rate shall be paid by reason of any previous appropriation 
therefor. 

Sect. 55. The treasurer may deposit such portion, as he may find Deposit of pub- 
convenient, of the public moneys at any time in his possession, in Jjationai'bauks. 
such national banks within the commonwealth as shall be approved I8T6, 21. 
liy the governor and council ; but the whole amount of money so 
deposited in one bank shall not at any time exceed forty per cent of 
the paid-up capital of such bank ; and the approval of the governor 
and council shall be renewed as often as once in every three months. 
All interest received on such deposits shall be paid into the treasury 
of the commonwealth. 

Sect. 5G. No bond or securitj' belonging to the commonwealth Assignment of 
shall be transferred except with the written approval of the governor. g™es%'t°"" 
Where the treasurer holds, as the property of the commonwealth, a &. s. 15, § le. 
note, bond, mortgage, or other securitj', made to auj' predecessor in 
his office, the same may be transferred, assigned, or discharged in 
like manner as if it had been made directly to the commonwealth. 

Sect. 57. Where the treasurer is authorized to discharge a mort- Treasurer msiy 
gage held by the commonwealth, he may instead thereof assign the fnsTead ol^s-"' 
same, and his assignment shall have the same effect as like assign- charge of mort- 
ments by other mortgagees, ))ut shall not impose any liability, express ci. s! 15, § 13. 
or implied, upon the commonwealth. 

Sect. 58. When tlie title to real estate becomes vested in the com- may sell real 
monwealth l)y the foreclosure of a mortgage, the treasurer may, with der'foreciosurc 
the approval of the governor and council, convey the same upon the g ''g™,°5"|''f4 ' 
payment of the amount of the mortgage delit with the interest and 
expenses accrued thereon. 

Sect. 59. The interest on temporary loans to the commonwealth p.-i5-mentnf 
from banks, corporations, or individuals, shall be paid semi-annually commouwe.ii't'ii. 
on the first days of April and October in each year. G. s. 15, § 35. 

vSect. go. All moneys belonging to funds over which the common- Funds of the 
wealth has exclusive control shall be invested in securities of the ['0™,' "o he i'u- ' 
commonwealth, in the notes or bonds of the several counties, cities, J'^J^'^'^g. , j 
and towns thereof, or in the scrip or lionds of the several New Eng- issi^ass.' 
land states, of the state of New York, or of the United States ; and 
said investments shall be made by the treasurer witli the approval of 
the governor and council. 



186 



JIATTERS OF FINANCE. 



■[CHAr. 16. 



Annual ex 
nation of t 

1862, 187, i 



Unappropriated 

funds, to l)c add- 
ed to princiijal. 

Transfer of se- 
curities from one 
fund to another. 
1S6S, 71. 



Security against 
mechanics' liens 
on public build- 



Auditing offi- 
cers may require 
oath that all the 
articles, etc., for 
"which claim is 
made have been 
furnished, etc. 
1862, 101, § 3. 



Notes for money 
borrowed by the 
commouwealtb. 
G. S. 15, § 34. 

Bonds and scrip 



Issue of regis- 
tered in ex- 
change for 
coupon bonds. 
1867, 255, § 1. 



new bonds in 
place of those 
multilated, etc. 
1867, 255, § 3. 



duplicate 
bonds when 
originals have 
been lost or 



Sect. G1. The governor shall annually in the month of August 
appoint a committoe of the council, who shall examine into the value 
of the notes and securities in charge of the treasurer, and shall report 
thereupon to the governor and council, who may, if they find good 
and siitHcient cause, direct the treasurer to make sale of, or to collect 
by due course of law, any such notes or securities over which the 
commonwealth has exclusive control, and to invest the proceeds 
according to the preceding section. 

Sect. 62. In all cases for which no other provision is made, the 
income or any surplus of funds belonging to or in the custody of the 
commonwealth shall be added to the principal. i862, ss, § 4. 

Sect. 63. The treasurer may, with the approval of the governor 
and council, instead of selling any of the stocks or securities belong- 
ing to funds over which the commonwealth has exclusive control, to 
meet maturing liabilities, transfer the same to any other of such funds 
upon such terms and conditions as the go\'ernor and council may 
approve. 

Sect. 64. When public buildings or other public works upon which 
liens might attach for labor or materials, if they belonged to private 
persons, are about to be constructed or repaired for the common- 
wealth by contract, the officers or agents contracting in behalf of the 
commonwealth shall obtain sufficient security, by bond or otherwise, 
for payment by the contractor and by all sub-contractors for all laljor 
performed or furnished and for all materials used in such coustruc- 
tiou or repair. 

Sect. 65. The auditor of the commonwealth, the auditor of any 
public institution, or any other person authorized to approve demands 
for materials, supplies, or other articles furnished to or for service or 
labor performed for the conmionwealth, may, before approving any 
such demand, require the claimant to certify under oath that all the 
articles for which the claim has been made have been furnished, or 
that the whole of the service or labor has been performed, and that 
no commission, discount, bonus, present, or reward of any kind, has 
been recei\ed or promised or is expected on account of the same. 

Sect. 66. All notes for money borrowed in anticipation of the 
revenue shall be signed by the treasurer, approved by the governor, 
and countersigned by the auditor. 

Sect. 67. The interest and principal of all scrip or bonds of the 
commonwealth are payable, and when due shall lie paid, in gold coin 
or its equivalent. 1878, ii. 

Sect. 68. The treasurer may, upon such terms and under such 
regulations as the governor and council may prescribe, issue, in pieces 
of not less than one thousand dollars, registered bonds in exchange 
for, and in lieu of, any coupon bonds of the commonwealth ; such 
registered bonds, with the exception of the coupons, to be in conform- 
ity with all laws authorizing the issue of the coupon bonds for which 
the same are to be exchanged. He shall mutilate and retain the 
bonds so received in exchange. The auditor shall certify all such 
registered bonds ; and he, as well as the treasurer, shall keep a regis- 
ter of the dates, numbers, and amount of the same, the persons to 
whom they were issued, when they are payable, and for what bonds 
they were issued in exchange. 

Sect. 60. The treasurer may also, under the terms and regulations 
provided in the preceding section, issue in substitution for all muti- 
lated, defaced, or indorsed bonds presented to him, other bonds of 
like or equivalent issues. 

Sect. 70. When it appears to the governor and council, by clear 
and unequivocal proof, that any interest-bearing bond of the common- 
wealth which is identified by number and description has, without bad 



Chap. IT.] attokxey-gexeeal and district-attorneys. 



187 



faith upon tlie part of the owner, been lost or destroyed, whollj- or iu dcstro5;ed. 

part, the governor and eonncil shall, under such regulations and with *""' "^ '^ • 

such restrictions as to time and retention for security or otherwise as 

they maj' prescribe, direct the treasurer to issue a registered duplicate 

of such bond, having the same time to run, bearing like interest as the 

bond so pi'oved to have been lost or destroyed, and so marked as to 

show the original number of the bond lost or destroyed, and the date 

thereof : provided, that where such lost or destroyed bond appears to 

have been of such a class or series as has been or may be, before such 

application, called in for redemption, instead of a duplicate thereof 

being issued, the bond shall be paid, with such interest onlj' as would 

have beeu paid if the bond had been presented iu accordance with 

such call. 

Sect. 71. The owner of such lost or destroyed bond shall suiTender Bond of indem- 
so much thereof as may remain, if anj% and shall file in the treasury ""owner of lost 
a bond in a penal sum of double the amount of said lost or destroyed I'ojid. 
bond and of the interest which would accrue thereon until the princi- '"' ' " 
pal thereof is due and payable, with two good and sufficient sureties, 
residents of this commonwealth, to be approved by the gdvernor and 
council, and with condition to indemnify and save harmless the com- 
monwealth from any claim upon the said lost or destroyed liond. 

Sect. 72. All officers receiving costs, fees, flues, forfeitures, or Certain officers 
other moneys, which they are required to paj' or account for to the of feesfe'tc'."™* 
treasurer of the commonwealth, to treasurers of counties, or to other p'^^'^ff ,,„ 
public authority, shall, ou or before the fifteenth day of October annu- 
ally, return to the secretary under oath a true account of all such 
moneys received by them by virtue of their office for the j'ear ending 
on the last day of the preceding month, stating what disposition has 
been made thereof. 'As soon as the returns are received, the secre- 
tary shall transmit them to the auditor, who shall examine and report 
upon the same to the general court. 

Sect. 73. The secretarj' shall annually in September furnish to the Blanks lor re- 
offlcers from whom returns are required by the preceding section blank for'ne'eK-'t." ^ 
forms for such returns, which forms shall have a copy of said section G-S.u, §§9, 15 
printed upon them ; and any officer who neglects to make the returns 
required of him by said section shall forfeit two hundred dollars. 



CHAPTER 17. 



OF THE ATTOHNEY-GENEEAL AXD DISTRICT- ATTORNEYS. 



SECTION 

1. Salary of attorney-general. 

2. Assistant attorney-general. Salary 

3. Attorney-general to appear for 
wealth in certain cases. 

4. to file informations in certain cases. 

5. to advise district-attorneys, etc. 

6. to enforce application of fnnds for public 
charities, etc. 

7. to attend sessions of general court and 



) opin 



etc. 



S. to advise witb secretary, etc. 

9. to make annual reports to general court. 

10. PajTucnt of expenses of attorney-general 
in civil actions. 

11. Expanse of briefs in criminal cases. 



Section 

12. Districts for administration of criminal 
law. 

13. Assistant district-attorneys and clerk for 
Suffolk district. 

1-4. Assistant district-attorney for northern dis- 
trict. 

15. Salaries of district -attorneys, etc. 

16. District-attorney may have clerk and tem- 
porarj' assistant in certain cases. 

17. Vacancies iu office of district-attorney. 

18. District-attorneys to give bond. 

19. General duties of district-attorneys. 

20. District-attorneys to commence suits upon 
defaulted or forfeited recognizances in 



188 



ATTORNEY-GENERAL AND DISTRICT-ATTORNEYS. [ChAP. 17. 



Section 

21. District-attorneys may interchange. 

22. In absence of attorney-general, etc., court 
may appoint substitute. 



Section 
2u. -Vttorney-general and district-attorneys t« 

advise with certain trustees, etc. 
2-1. to account for fees. 
25. Prosecuting otlicers not to receive fees, eta 



Salary* of attor- 
ney-general. 
1879, 123, § 1. 
Assistant attor- 
ney-general. 
Salary. 
1868, 93, § 1. 

Attorney-gen- 
eral to appear 
for common- 
wealth in cer- 
tain cases. 
G. S. 14, § 17. 



to tile informa- 
tions in certain 
cases. 
G. S. 14, § 18. 



to enforce 
application of 
funds for public 
charities, etc. 
G. S. 14, § 20. 
5 CuBb. 336. 
126 Mass. 217. 

to attend ses- 
sions of general 
court, and give 
opinions, etc. 
G. S. 14, § 21. 



to ad\ise with 
secretary, etc. 
G. S. 14, § 22. 
1879, 8. 



to make 
annual reports 
to general court 
G.'S. 14, § 23. 



Kxpcnee of 
briefs in crimi- 
nal cases. 
1879, 64. 



Section 1. The attorney-general shall receive a salary of four 
thousand dollars a year. 

Sect. 2. He mtiy appoint an assistant, who under his direction 
shall aid him in the performance of his official duties, and who shall 
receive a salary of two thousand dollars a year. iS79, 123, § 2. 

Sect. 3. He shall appear for the commonwealth in the supreme 
judicial court in the trial and argument of all causes, criminal or 
civil, in which the commonwealth is a party or interested, and in 
such causes in any otlier court or tribunal, when required by the 
governor or by either branch of the general court. 

Sect. 4. He may, when in his judgment the interests of the com- 
monwealth require it, file and prosecute informations or other pro- 
cesses against persons who intrude on the lands, rights, or property 
of the commonwealth, or commit or erect any nuisance thereon. 

Sect. 5. He shall consult with and advise the district-attorneys 
in matters relating to the duties of their offices ; and, when in liis 
judgment the interests of the commonwealth require it, shall assist 
the district-attoruej's by attending the grand jury in the examination 
of any case in which the party accused is charged with a capital 
offence. 

Sect. 6. He shall enforce the due application of funds given or 
appropriated to public charities within the commonwealth ; prevent 
ibreaches of trust in the administration thereof ; and, when necessary, 
prosecute corporations which fail to make to the general court the 
returns requiisd by law. 

Sect. 7. He shall, when required by either branch of the general 
court, attend during its sessions, and give his aid and advice in the 
arrangement and preparation of legislative documents and liusiness, 
and shall give his opinion upon questions of law sidimitted to him by 
either Ijranch of the general court or by the governor and council. 

Sect. 8. He shall, when required by the secretary, treasurer, 
adjutant-general, auditor, insurance commissioner, or by the board of 
harl)or and land commissioners, consult and advise with them respec- 
tively on questions of law relating to their ofHcial business. 

Sect. 9. He shall annually make a report to the general court of 
the cases argued, tried, or conducted by him in the supreme judicial 
and superior courts during the preceding year, with such other infor- 
mation in relation to the criminal laws, and such observations and 
statements, as in liis opinion the criminal jurisprudence and the proper 
and economical administration of the criminal law may warrant and 
require. 

Sect. 10. On the representation of the attorney-general, the gov- 
ernor, with the advice and consent of the council, may draw his warrant 
on the treasury, to an amount not exceeding three hundred dollars in 
one year, for the contingent expenses of civil actions in which the 
commonwealth is a party or has an interest, and for such sum the 
attorney-general shall annually in October account to the governor 
and council, and shall state in his annual report to the general court 
the amount so expended. 

Sect. 11. In any criminal case in which questions of law are 
carried to the supreme judicial court by the defendant upon excep- 
tions, appeal, or otherwise, the attorney-general may have the neces- 
sary copies of tlie brief for the commonwealth printed, and the 
expense thereof siiall be taxed and paid as the other costs in the case 
are taxed and i)aid. 



Chap. 17.] attokney-general and rasTpacT-ATTouNEYs. 189 

Sect. 12. For the administration of the criminal law, the county Districts for 
of Suffolk shall constitute the Suffolk district ; the county of Middle- of'"rimln'ai'iaw. 
SOX, the northern district ; the county of Essex, the eastern district ; Cf- S- 14, § 28. 
the counties of Norfolk and Plymouth, the south-eastern district ; the 
counties of Bristol, Barnstable, Nantucket, and 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 ; and 
for each of said districts there shall be a district-attorney. 

Sect. 13. The district- attorney for the Suffolk district may ap- Assistant dis- 
jioiut a first and a second assistant district-attorney and a clerk, all !,ndcierk fw^ 
ot whom shall under his direction assist him in the performance of Suffolk district, 
his official duties, and shall be removable at his pleasure. iS74, 164. ism,' 373. "' 

Sect. 14. The district-attorney for the northern district may ap- isio, sei, §2. 
ponit an assistant district-attorney, who shall under his direction assist Assistant dis- 
him in the performance of his duties, shall be removable at his pleas- fOTnSrthcri7 
ure, and shall I'eceive out of the treasury of the county of 31iddlesex district.^ 
a salary of fifteen hundred dollars a 3'ear. 

Sect. 1.5. The salaries of the district-attorneys for the eastern. Salaries of die- 
south-eastern, southern, middle, and western districts, shall be oigh- '"ct-attorncys, 
teen hundred dollars each a year ; for the northern district, twenty- isjo, sei, § 1. 
four hundred dollars a year ; for the north-western district, thirteen isls^ si"' 
hundred and fifty dollars a year; and for the Suffolk district, forty- Jjjg'^l^'t. j 2 
live hundred dollars a year. The salary of the first assistant for the issilise! 
Suffolk district shall be twenty-four hundred dollars a j'ear ; of the 
second assistant for said district, two thousand dollars a year ; and 
that of the clerk of the district-attorney for said district, one thou- 
sand dollars a year. All said salaries shall be paid out of the treas- 
ury of the commonwealth. 

Sect. 1G. In any district in which there is no assistant district- Dietnct-.ittor- 
attorney, the court may allow such sum as it may deem reasonable S^and'tem- 
for the services of a clerk to aid the district-attorney in the transac- porary assistants 
tiou of the criminal business of the district, the same to be paid from 18737278? '^'^^' 
the county treasury ; and in the northern, eastern, and middle districts, i*"^' '^'^■ 
the court may, for any sufficient reason, appoint such clerk or other 
competent person to act temporarily as an assistant to the district- 
attorney in the performance of Iiis official duties ; the compensation 
of such assistant shall be paid as above provided, and shall not exceed 
six hundred dollars in one year, and such appointment shall not last 
beyond the term at which it is made. 

Sect. 17. When a vacancy occurs in the office of district-attor- Vacancies in 
ney, the governor may, with the advice and consent of the council, ^uoniey.''""""*' 
appoint a suitable person to fill such ^■acancy, who shall hold the g. s. 14, § 30. 
office until the next annual election, or until another is chosen in his 
stead. 

Sect. 18. Every district-attorney shall, before entering upon the District-attor- 
duties of his office, give bond to the commonwealth, in the sum of Sa.'" ^™ 
five thousand dollars with two sufficient sureties to be appro\'ed by the !'*"''> ^9*. § i- 
superior court or by some justice thereof, faithfully to account for 
and pay over all moneys received by him in the exercise of his office. 
The superior court may at any time, when it deems the sureties on 
any bond so given insufficient, require a new bond. A failure to 
give such bond shall be deemed to be a declination or resignation of 
the office. 

Sect. 19. The district-attorneys within their respective districts General duties 
shall appear for the commonwealth in the superior court in all eases, aft^neys! 
criminal or civil, in which the commonwealth is a party or interested ; **p^-^* J ^^• 
shall aid the attorney-general in the duties required of him, and shall 9 Gray, 278. 
perform all the duties which he is authorized to perform, and is not i^ Gray, 447. 



190 



NOTARIES PUBLIC, COJOIISSIONERS. [ChAP. 18. 



District-attor- 
ueys to coni- 
nieuce 6uits 
upon defaulted 



may inter- 
change. 
G. S. 14, § 33. 

In absence of 
attorney-gen- 
eral, etc., court 
may appoint 
substitute. 
G. S. 14, § 25. 
Attorney-gen- 
«ral and district- 
attorneys to ad- 
vise with certain 
trustees, etc. 
1862, 223, § 12. 

to account for 
fees. 

G. S. 14, § 27. 
9 Gray, 278. 

Prosecuting 
otEcers not to 
receive fees, etc. 
G. S. 14, § 26. 



required to do personally ; but the attoniey-goueral, when present, 
shall have the direction and management of such prosecutions and 
suits. 

Sect. 20. District-attorneys shall commence suits upon all recog- 
nizances in criminal cases within their respective districts within sixty 
days after default has been entered of record, or after they have sat- 
isfactory evidence of an act which should cause a forfeiture thereof, 
and suits on recognizances shall be entered and prosecuted without 
delay. But nothing herein contained shall prevent the commence- 
ment or entry of such suit after the expiration of said sixty days. 
The district-attorney, or other prosecuting attorney, shall not dis- 
continue any such suit except with the consent and approval of the 
court, or upon a certificate, signed by the sheriff or his deput}', 
that the amount of the recognizance and the costs of suit have been 
paid to such sheriff or deputy, which certificate shall be filed in court. 

Sect. 21. The district-attorneys may for their mutual accommo- 
dation interchange official duties so as to insure a punctual discharge 

of such duties. S Gray, 499. 

Sect. 22. The supreme judicial court and the superior court may 
at any term, in the absence of the attorney-general and district-attor- 
ney, appoint some suitable person to perform the duties by law 
required of said officers. 4 Gray, i46. 8 Gray, soi. 

Sect. 23. The attorney-general and district-attorneys shall ad\ise 
and consult with the trustees and treasurers of the several state luna- 
tic hospitals, when requested by them, on all questions of law relat- 
ing to their official business. 

Sect. 24. The attorney-general and the district-attorneys shall 
severally account to the treasurer of the commonwealth for all fees, 
bills of cost, and moneys received by them by virtue of their offices. 

Sect. 25. No prosecuting officer shall receive any fee or reward 
from or in behalf of a prosecutor for services in auy prosecution or 
liusiness to which it is his official duty to attend, nor shall any such 
officer be concerned as counsel or attornej' for either party in a civil 
action depending upon the same state of facts. 



CHAPTER 18. 



9F NOTARIES PUBLIC A]ST) COjMJIISSIOKERS TO ADMINISTER 
OATHS OF OFFICE AND TO TAKE ACKNOWLEDGMENTS OF 
DEEDS, ETC. 



notaries public. 
Section 

1. Notaries may administer oaths. 

2. On death, etc., their records to bo deposit- 
ed, etc. 

3. Penalty for neglect to deposit records. 

4. Same subject. 

5. Penalty for destroying records. 

6. Clerks of courts to take chai'ge of records, 
give copies, etc. 



commissiokers to take acknowledgments 

of deeds, etc., in other states. 
Section 
9. Appointment of such commissioners." 

10. Commissioners to be sworn and to file sig- 
nature, impression of seal, etc., with secre- 
tary. 

11. Their powers and duties. 

12. Secretaiy to furnish instructions, etc. 



COMMISSIONERS TO ADMINISTER OATHS TO 
PUBLIC OFFICERS. 

7. Appointment of such commissioners and 
their duties. 

8. Comniissiouers to make returns of oaths 
administered. 



13. Appointment of such commissioners. 

14. Commissioners to be sworn and to file sig- 
nature, impression of seal, etc., with secre- 
tary. 

15. Their powers and duties. 



Chap. 18.] notaries public, commissioners. 



191 



NOTAEIES PUBLIC. 

[See amend, const, art. 4.] 

Section 1. Notaries public shall have the same authority to ad- 
minister oaths as justices of the peace. G. s. u, § 34. 

Sect. 2. Ou the death, resignation, or removal from office, of a 
notary public, his records and otticial papers shall be deposited in the 
office of the clerk of the courts in the county in which he resided, or, 
in the countj' of Suffolk, in the office of the clerk of the superior court 
for civil business. 

Sect. 3. A notary pulilic who neglects for three months after his 
resignation or removal from office so to deposit his records and offi- 
cial papers shall forfeit a sum not exceeding five hundred dollars. 

Sect. 4. If the executor or administrator of a deceased notaiy 
pulilic neglects, for three months after his acceptance of such office, 
so to deposit in the clerk's office the records and official papers of the 
deceased which come into his hands, he shall forfeit a sum not ex- 
ceeding live hundred dollars. 

Sect. 5. Whoever knowingly destroys, defaces, or conceals the 
records or official papers of a notary public, shall forfeit a sum not 
exceeding one thousand dollars, and be liable in damages to any party 
injured thereby. 

Sect. G. The several clerks before mentioned shall receive and 
safely keep such records and official papers of notaries as may be 
deposited in their offices, and shall make and certify copies thereof, 
for which they shall be paid the same fees that the notaries would 
have been entitled to, and copies thus certified shall have the same 
effect as if certified by such notaries. 



Notaries may 

adraiuister 

oaths. 

On death, etc., 

tbeir records to 

be deposited, 

etc. 

G. S. 14. § 35. 



Penalty for 
neglect to de- 
posit records. 
G. S. 14, § 36. 



Clerks of courts 
to take charge 
of records, give 
copies, etc. 
G. S. 14, § 39. 



COMMISSIONERS TO ADMINISTER OATHS TO PUBLIC OFFICERS. 

Sect. 7. The governor shall, with the advice and consent of the Appointment of 

council, appoint a suitable number of commissioners to administer to sJJj'iSer"™™* 

public officers the oaths required by the constitution. their duties. 

G S 14 § 40 
Const, pt. 2, c. 6, art. 1. Amend, const, arts. 6, 7. 

Sect. 8. Every such commissioner, upon administering such an Commissioners 

oath, shall forthwith make return of such act, with the date of the ofoathsato'lS- 

same, to the secretary of the commonwealth. ise-, 138, § 4. istered. 



COMMISSIONERS TO TAKE ACKNOWLEDGMENTS OF DEEDS, ETC., IN OTHER 

STATES. 

Sect. 9. The governor maj', with the advice and consent of the 
council, appoint in each of the states and territories of the United 
States one or more commissioners, who, with those now appointed, 
shall hold their offices for three j'ears from the date of their respective 
appointments, unless sooner removed by the governor. 

Sect. 10. Every such commissioner shall, within three months 
from his appointment, take and subsci'ibe an oath or affirmation before 
a justice of the peace or other magistrate of the city or county where 
he resides, or before a clerk of a court of record within the state or 
territory where he resides, faithfully to discharge the duties of his 
office, and shall cause to be prepared an official seal upon which shall 
appear his name, the words " Commissioner for Massachusetts," and 
the name of the state or territory and city or county in which he 
resides. An impression of such seal, together with the commis- 
sioner's oath of office and signature, shall be forthwith transmitted 
to and filed iu the office of the secretary of this commonwealth. 

Sect. 11. Such commissioner may, in the state or territorj' for 



Commissioners 
to be sworn and 
to file signature, 
impression of 
seal, etc., with 
secretary. 
G. S. 14, §42. 



19-2 



r.OARD OF HAUBOn AND LAND COMMISSIONERS. [ChAP. 19. 



Secretary to 
furuish instruc 

G. S.' 14, § 44. 



which he is appointed, administer oaths and take depositions, affida- 
vits, and acknowledgments of deeds and other instruments, to be used 
or recorded in this commonwealth, and the proof of such deeds, when 
the grantor refuses to acknowledge the same ; and all oaths, deposi- 
tions, affidavits, acknowledgments, and proofs so administered or 
taken, and certified by such commissioner under his official seal, shall 
be as effectual as if administered or taken and certified by a justice 
of the peace in this commonwealth. 

Sec'^ 12. The secretary shall prepare and forward to each com- 
missioner instructions and forms in conformity to law, and a copy of 
the three preceding sections. 



G. S. 14, § 45. 

Commissioners 

to be 

G. S. 14, § 46. 



etc. 



Their powers 
and duties. 
G. S. 14, § 47. 



COMMISSIONERS TO TAKE ACKNOWLEDGMENTS OF DEEDS, ETC., IN FOIi- 
EIGN COUNTRIES. 

Sect. 13. The governor may appoint in every foreign country one 
or more commissioners, who, with those now appointed, shall hold 
their offices during the pleasure of the governor. 

Sect. 14. Every such commissioner, before performing any duty 
of his office, shall take and subscribe an oath or :illhni:itii)n licfore u 
judge or clerk of a court of record of the country in which he resides, 
faithfully to discharge the duties of his office ; which oath or affirma- 
tion, with his signature and an impression of his official seal, shall l)e 
forthwith transmitted to and filed in the office of the secretaiy of this 
commonwealth. 

Sect. 15. Such commissioner may, in the country for which he is 
appointed, administer oaths and take depositions, affidavits, and 
acknowledgments of deeds and other instruments, to be used or 
recorded in this commonwealth, and the proof of such deeds, when the 
grantor refuses to acknowledge the same; and all oaths, depositions, 
affidavits, acknowledgmcMits, and proofs so administered or taken, 
and certified by such commissioner under liis official seal, shall be as 
effectual as if administered or taken and certified by a justice of the 
peace in this commonwealth. 



CHAPTER 19. 



OF THE BOAKD OF HAKBOR AND LAND COMlVnSSIONERS. 



Section 

1. Board to consist of three members, etc. 

2. Genei'al powers and duties of the board. 

3. Powers and duties relative to lands belong- 
ing to commonwealth. 

4. Provision for ease of lost bonds. 

6. Enforcement of restrictions in deeds from 
the commonwealth. 

6. Powers and duties relative to harbors and 
tide -waters. 

7. Establishment of harbor lines. 

8. Board to have supervision of erections, 
etc., in tide-waters under grants from gen- 
eral court. 

9. may in certain cases license erections, 
etc., in tide-waters. 



Section 

10. Licenses, form of; how gi'anted, etc. 

11. Licenses to be void unless recorded in 
registry of deeds. 

12. Licenses, etc., to be revocable and to ex- 
pire in five years, except so far as struc- 
tures, etc., actually built, etc, 

13. Licenses, how to be construed, etc. 

14. Compensation for tide-water displaced. 

15. Assessments, how recovered. 

16. Additional compensation when title to land 
is in the commonwealth. 

17. Unauthorized erections, etc., in tide-waters 
declared to be nuisances. 

18. Board may apply to congress for appropri- 
ations for harbors. 



Section 1. The board of harbor and land commissioners shall 
consist of three members, one of "whom shall be appointed by the 



Chap. 19.] boakd of haecok and laxd coMjnssiONEES. 



193 



governor, with the advice and consent of the council, before the first 
day of July in each year, to liold otKce for a term of three years from 
said day. In case of a vacancy occurring in said board, the gov- 
ernor shall in like manner appoint a commissioner for tlie residue of 
the uncompleted term, and he may in lilie manner remove any of said 
commissioners. The compensation of said commissioners shall be 
five thousand and five hundred dollars a year, of which the chairman 
of the board shall recei\-e two thousand and one hundred dollars, and 
the other memliers each one thousand and seven hundred dollars. 
They shall also 1)6 allowed their actual travelling and other necessary 
expenses. 

Sect. 2. Said commissioners shall be furnished with an office in 
the state house, or in some other suitalile place in the citj' of Boston, 
in w^hich the maps, charts, plans, and documents relating to their 
business and to the harbors and lands in their charge, and records 
of all their doings and of the doings of the several boards to whose 
duties they have by law succeeded, shall lie kept. They may employ 
such engineers and such clerical and other assistance as they may 
deem necessary : but, except as hereinafter provided, no contracts or 
other acts, which involve the payment of money from the treasurj' of 
the commonwealth, shall l>e made or done witliout an appropriation 
expressly made therefor by the general court. They shall annually 
on or before the tenth day of Jaiuiary report to the general court 
their doings in the preceding year, and shall recommend such legis- 
lation as they deem necessary for the preservation and improvement 
of the harbors of the commonwealth and for the promotion of its 
interests connected therewith. 

Sect. 3. They shall have charge of all the lands, flats, shores, 
and rights in tide- waters belonging to the commonwealth, except those 
for which other provision is made, and shall, as far as practicable, 
ascertain the location, extent, and description of such lands ; investi- 
gate the title of the commonwealth thereto ; ascertain what parts 
thereof have lieen granted l)y the connnonwealth ; the conditions, if 
any, on which such grants weie made, and whether said conditions 
have been complied with ; what portions have been encroached or 
trespassed on, and the rights and remedies of the commonwealth in 
relation thereto ; prevent further encroachments and trespasses ; 
ascertaiu what remaining portions of such lands may be leased, sold, 
or improved with benefit to the commonwealth and without injury to 
navigation or to the rights of riparian owners ; and for the purposes 
aforesaid may, with the approval of the governor and council, re- 
quire the services and assistance of the attorney-general. Thej' may 
lease for purposes not injurious to navigation or to the rights of 
riparian owners any parts of the aforesaid lands of the common- 
wealth for periods not exceeding five j'ears, and shall from time to 
time sell by public auction the lands on the Back Bay in such quanti- 
ties and with such conditions as they may deem best, first giving due 
notice of the time and place of sale, ancl submitting to the governor 
for his approval a schedule of the lots proposed for sale, with the 
minimum prices at which they are to be offered ; or they may sell at 
private sale single lots, not exceeding one hundred feet frontage iu 
one lot. The terms of sales shall be, that not less than one-fifth of 
the purchase-money shall be paid in cash, and for the balance the 
purchaser shall be entitled to credit for a term not exceeding ten 
years, making annual payments thereof or otherwise as the commis- 
sioners may deem best, the unpaid balance of the purchase-money to 
bear interest at the rate of five per cent per annum, and to be secured 
by mortgage on tlie lands so sold. Said lands may be conveyed by 
deed duly executed by the said commissioners on behalf of the 



1S79, 263, § 1. 
1881, 287, 5 1. 



1S79, 263, §5 2, 3. 
1881, 287, § 2. 



Powers and 
duties relative to 
lands belonging 
to coramon- 
wealth. 
G. S. 5, § 15. 
G. 8. 15, § 24. 
Res. 1869, 103. 
1875, 239, §§ 1, 2. 
4, 8. 
1879, 199. 



194 



BOARD OF HARBOR AJS'D LAND COJI.MISSIOXEES. [ChAP. 19. 



Pro\ision for 
case of lost 
bonds. 
1873, 291. 



EuforcemeDt of 

di-«ls from the 

commonwealth. 

1S66, 264, 8§ 1, 

2,3. 

101 Maes. 612. 



Powers and 
duties relative 
to harbors aud 
tide-waters. 
1866, 149, § 2. 



EstabllBhraent 
of harbor lines. 
1866, 149, § 3. 



Board to have 
supervision of 
erections, etc., 
in tide-waters 
under grants 
from iieneral 
coui-t. 



commonwealth, and witb or withont warranty, or said lioard may 
execute and deliver suitable agreements for deeds to be delivered 
when the purchase-money aud interest have been paid in full. The 
auctioneers' commissions and other necessary charges of sales, 
approved and allowed by said l>oard, shall be deducted from the 
gross proceeds before they are paid into the treasury. Said board 
may make contracts for the improvement, filling, sale, use, or other 
disposition of the lands at and near South Boston known as the 
Commonwealth Flats at South Boston, may I'egiilate the taking of 
material from the harbor and fix the lines thereon for filling said 
lauds, aud shall cause a general plau of said lands to be prepared, 
whereon they shall designate the portious which in their opinion 
should be devoted to railway aud commercial purposes and those 
■which should be devoted to general purposes. All conveyances and 
contracts made under authority of this section shall be subject to the 
approval of the governor and council. 

Sect. 4. When it appears to said commissioners that a bond 
given for the conveyance of land of the commonwealth has been 
lost or destroyed, they may, with the approval of the governor and 
council, give a deed of said land, if the ptiyments on such lost bond 
have been fullj' made. 

Sect. 5. In all cases where the commonwealth has the right, by 
its agents and at the expense of the part)' at fault, to enter upon 
premises and remove or alter a building, or a portion thereof, by vir- 
tue of the agreements or stipulations in a deed or deeds given in its 
name, all grantees under such deeds and their legal representatives 
aud assigns shall have the right by proceeding in equity to compel 
the said board so to enter aud remove or alter such building or por- 
tion thereof. The supreme judicial court shall have full jurisdiction 
of such proceedings, and shtiU have full power to make such orders 
and decrees as justice and equity may require to make the rights 
hereby granted effectual, and the attorney-general shall in all such 
pidrceilings appear for said board and attend to the interests of the 
coiniiiouwealth. 

Sect. 6. Said commissioners shall have the general care and 
supervision of all harbors and tide-waters within the commonwealth, 
and of all the flats and lands flowed thereby, in order to prevent and 
remove unauthorized encroachments and causes of every kind which 
may be liable to interfere with the full navigation of such harbors or 
in any way to injure their channels or cause a reduction of their tide- 
waters, and in order to protect and develop the rights and jjroperty 
of the commonwealth in such flats and lands. They may from time 
to time make such surveys, examinations, and observations as they 
may deem necessary for the aforesaid purposes. 

Sect. 7. When in the judgment of the said board the pulilic good 
requires it, they may prescribe harbor lines in any of the harbors of 
the comnKinwealth, beyond which no wharf, pier, or other structure 
shall be extended into such harbor, and shall report the same for the 
consideration of the general court at its next session ; Init said board, 
before drawing any such line, shall appoint a convenient time aud 
place for hearing all parties interested, aud shall give notice thereof 
by pulilication three weeks successively in two or more newspaijers, 
one pulilished in Boston, and one in the county where such harbor is 
situated, the first publication to be at least thirty days before the time 
appointed for the hearing. 

Sect. 8. All persons that are or may be authorized by the general 
court to build over tide-waters a bridge, wharf, pier, or dam, or to 
fill flats, or dri\'e piles below high-water mark, and who have not liegtiu 
such work, shall, before beginning it, give written notice to said board 



-'t 



Chap. 19.] board of harbor and land commissioner.s. 19,5 

of the work they intend to do, and shall submit plans of any pro- ises, 149, § 4. 
posed structure, of the flats to be filled, and of the mode in which the "^ ^^^^s- 3^o- 
work is to be performed, and no such work shall l)e commenced until 
the plan and mode of performing the same has been approved in writ- 
ing Ijy a majority of said board. And said board may alter such 
plans at their discretion, and may prescribe, to any extent that does not 
diminish or control the legislative grant, the direction, limits, and 
mode of building the wliarves and other structures ; and all such works 
shall be executed under the supervision of said board. 

Sect. 9. Said board may license any person to build or extend a Board may ia 
wharf, pier, dam, sea-wall, road, bridge, or other structure, or to fill mi'i.',',"" I'irec-^ 
land or flats, or to drive piles in or over tide-water below high-water 'i"""' "',"■:„'" 
mark, upon such terms as they shall prescribe; but no snch license 1872, 238, §§' 1, i 
beyond the line of riparian ownership shall be valid uuless approved i874, 347, §1. 
by the governor and council ; and on any shore where a harbor line 
has been established by law, no such license shall have effect beyond 
such harbor line, except in relation to a structure authorized by law 
outside said hue ; nor shall such a license be granted for the con- 
struction of a bridge across a river, cove, or inlet in a location which 
is not above some existing bridge or other structure authorized by law 
over such tide- water, and in wliicli no draw exists in fact nor is required 
by law, or if the mayor and aUlermen of the city or the selectmen of 
the town within which the bridge or structure is proposed to be built 
shall, after due notice to them, appear and oppose the granting of the 
license. 

Sect. 10. Every license under this chapter shall be signed 1)}' a Licensea, form 
majority of the said board, shall set forth the terms upon which it is ^^a'ntoi^Jctc. 
granted, and shall specify by metes, bounds, and otherwise, so as to 1872,236, §3. 
identify and define the same, the location, dimensions, limits, and ' ' 
mode of performing whatever is authorized thereby. Before a license 
is granted, said board shall notify the mayor and aldermen of the 
city or the selectmen of the town, within which the proposed work is 
to be clone, that they may appear and be heard. Tlie recital in a 
license that a notice required by law has been given, or that no 
opposition of selectmen or mayor and aldermen has l)een made to the 
granting of the license, shall be conclusive evidence of such facts. 
Said commissioners shall cause a certified copy of each license granted 
by them to be recorded in books kept for the purpose, and a correct 
plan of the authorized work or structure to be preserved in their 
office. 

Sect. 11. Every license granted by said board shall be void, unless Licenses to be 
the same and the accompanying plan are recorded, within one year coided"i'n''ie'£s^ 
from the date thereof, in the registry of deeds for the county or dis- jSa^'pafi'^s 4 
trict within which the work licensed is to be performed. 

Sect. 12. Every authority or license that has been granted since Licensee, etc., 
the year eighteen hundred and sixty-eight, or that may be hereafter a°,d'tJexphe 
granted by the commonwealth to any person or corporation to build a in Hve years, 
structure upon ground over which the tide ebbs and flows, or to fill up structures, etc., 
or enclose the same, whether such ground is above or below low-water actually buiit, 
mark, or within or outside of one hundred rods from high-water 1869, 432, § 1. 
mark, or whether it is private property or the ])ropertj' of the com- ^^'*' '^' ^ ^' 
monwealth, shall be subject to the following conditions, whether they 
are expressed in the act or resolve granting the same or not : namely, 
such authority or license shall be revocable at any time at the discre- 
tion of the general court, and shall expire at the end of five years 
from its date, except where and so far as valuable structures, fillings, 
or enclosures have been actually and in good faith built or made under 
the same ; but if compensation has been paid to tlie commonwealth 
under section sixteen or under any similar provision of law, the rights 



196 



BO^UID OF HAEBOi; ^VXI 



iJUSSioNEES. [Chap. 19. 



Licenses, how 

to be "construed, 

etc. 

1869, 432, §§ 1, 2. 



Compensation 
for tide-water 
displaced. 
1878, 74, §§ 1, 2. 



Assessments, 
how recovered. 
1872, 234. 



Additional com- 
pensation when 
tit^e to land is 
in the common- 
wealth. 
1874, 284, §§ 1, 2. 



tlnauthorized 
erections, etc., 
in tide-waters 
declared to he 
nuisances. 
18C6, 149, § 5. 



and privileges for which such compensation has been paid shall not 
so terminate and shall not be revocable, unless provision is made 
for repayment l)y the commonwealth of the amount of compensation 
so paid. 

Sect. 13. Every license or other aulliority to liuikl structures upon 
or to fill up or enclose any such ground , shall lie, as far as reasonably 
and justly may l)e practicable, so construed as not to interfere with or 
impair the right of any person affected thereby to equal proportional 
privileges of advancing to or towards low-water mark, or one hundred 
rods from higli-water mark, or harbor lines established by law, or so 
as to impair the opportunity of persons liaving interests in lands or 
flats that may be affected thereby' to obtain license or authority so to 
advance. Nothing in such license or authority shall be so construed as 
to impair the legal rights of anj' person. All things done under such 
license or authority shall be subject to the determination and approval 
of the said board, or of such other board as the general court may 
aj^point for similar purposes. If the general court establishes a har- 
bor line within the outer line covered by sucli license or autliority, 
such license or authority shall be construed to be limited by and not 
to extend beyond such harbor line. 

Sect. 14. The amount of tide-water displaced by any structure in 
tide-water below high-water mark, or by any filling of flats, shall be 
ascertained by said board ; and said board shall require the paities 
causing such displacement to make compensation therefor by excavat- 
ing between high and low water marks in some part of the same har- 
bor where such displacement occurs to such an extent as to create a 
basin for as much tide-water as shall be displaced by sncli structure 
or filling, which excavation shall be done under the direction of said 
board ; or by paying, in lieu of such excavation, such sum as shall be 
assessed by said board, not exceeding tliirty-seven and one-half cents 
per cubic yard for the tide-waler disi)hieed ; or by improving tlie har- 
bor in any other mode to the satisfaction of said board ; and all money 
thus paid shall be paid into tlie treasury of the commonwealth, aud 
be reserved as a compensation fund for the harl^or from wliicli it has 
been collected. Tlie annual income from all funds for compensation 
for tide-water displaced may be used and expended under the direc- 
tion of said board for the improvement of the several harbors to which 
said funds belong. 

Sect. 15. An assessment due and paj^able for compensation for 
tide-water displaced may be recoveivd of the party assessed in an 
action of contract Ijiought in the name of tlie treasurer of the com- 
monwealth, and tlie attornej'-general shall institute and prosecute such 
action. 

Sect. 1G. When an authority or license is granted by the gen- 
eral court or liy said board to any person or corporation to build 
a wharf or other structure upon, or to fill or otherwise occuj)y land 
in tide-water, where the title to such land is in the commonwealth, 
such person or corporation shall, liesides making comiiensation for 
tide-water displaced, pay into the treasury of the commonwealth, 
before the work authorized or licensed is begun, such compensation 
for the rights and pri^'ileges granted in such laud as shall be deter- 
mined bjT the governor and council to be just and equitable. The 
provisions of this section shall not, however, apply to any authority 
granted to a city, town, or county for the construction, widening, 
or maintenance of a bridge constituting a part of a public highway. 

Sect. 17. Every erection and work made or done witliin tide- 
water without authorit}' from the general court or from said board, 
or in a manner not sanctioned by said board, where a license is 
required as hereinbefore provided, shall be considered a public nui- 



Chap. 20.] statk boaed of agriculture. 



197 



sauce, and liable to indictment as such. The said board shall have 108 Mass. 436. 
power to order suits on behalf of the coniniouwealth to prevent or ^^® ^''^°' ^^^ 
stop by injunction or otherwise any such nuisance, or to prevent or 
stop the removal of material from any bar or breakwater of any 
harbor ; and the attorney-general and district-attorneys within their 
districts shall commence and conduct such suits. 

!Sect. 18. Said commissioners may, when they deem it necessary, Commissiontii 
apply to congress for api)ropriatious for protecting and improving any "ia'^e'ss'^or' 
harbor in the commonwealth. isoe, 149, § 6. appropriations 



CHAPTER 2 0. 



OF THE STATE BOARD OP AGRICULTURE. 



Section 

1. Board, how constituted. 

2. Tenure of office of members. Vacancies, 
bow filled. 

3. WTiere and how often to meet ; to receive 
no compensation. 

4. Secretary and clerk and their salaries. 

6. Board to be overseers of agricultural college. 



Section 

6. Board to investigate subjects relating to 
agriculture, take donations, etc. 

7. to fix days for annual meetings of agri- 
cultural societies, etc. 

8. to report to general court. 

9. Secretary to publish abstracts, etc. 
10. may appoint agents. 



G. S. 16, § 2. 



Section 1 . The governor, lieutenant-governor, and secretary of Board, how 
the commonwealtli, the president of the agricultural college, one ))er- q'^I'^j''?; 
son appointed from and by each agricultural society whicll receives 18'66,'263, §3. 
an annual bounty from the commonwealth, and tliree other persons 
appointed by the governor witli the advice and consent of the council, 
shall constitute the state lioard of agriculture. 

Sect. 2. One-third of the appointed members of said board shall Tenure of ofiic 
retire from office on the first Wednesday of February in each year, vaI;anrie«!Tiov 
according to tlieir appointments. The vacancies thus occurring shall JHef 
be filled by the governor and council, or bj' the agricultural societies, 
£is the offices were before filled, and the persons thus appointed sliall 
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 vacant terms. 

Sect. 3. The board shall meet at the state house or at the agri- -miereandho' 
cultural college at least once in each year, and as much oftener as "o'recehe'no'' 
may be deemed expedient. No member of said board sliall receive rampeusatiuu. 
compensation from the commonwealth except for personal expenses i8'66,'263, § 2. 
when engaged in the duties of the board. 

Sect. 4. The board may appoint and prescribe the duties of a Secretary and • 
secretary, who shall receive a salary of two thousand dollars a year; ealari^'^ *'"''' 
and who, at such times as the boarc 
clerk at a salary of eleven hundred doUa 

for other clerical services in his office, and for lectures to be given issi.aw. 
before the Vioard of agriculture at its annual and other meetings, a sum 
not exceeding four hundred dollars. 

Sect. 5. The board shall be a board of overseers of the Massa- 
chusetts Agricultural College, with powers and duties to be defined 
and fixed by the governor and council, but such powers shall not college. 
control the action of the trustees of said college, or negative their ' " 
powers and duties as defined l)y chapter two hundred and twenty of 
the acts of the year eighteen hundred and sixty-three. 

Sect. 6. The board shall investigate such subjects relating to im- to investigate 



„.- „..„ v.. ....^. ^.u ^ .„ J ■^~~- , ealanes. 

,rd shall approve, may employ a t*-*!?'!*- 
dollars a year, and may expend istq! -'35. "' 



Board to be 
overseers of 
ultural 



198 



STATE OFFICERS. 



[Chap. 21 



subjects relating 

to agriculture, 

take douatione, 

etc. 

(i. S. 16, § S. 



Board to fix 
days for annual 
meetings of agri- 
cultural socie- 
ties, etc. 
G. S. 16, § 6. 
1866, 189, § 3. 



Secretary to 
publish ab- 
stracts, etc. 
G. S. 16, § 8. 



provement in agriculture in this commonwealth as they may think 
proper, and may take, hold in trust, and exercise control over dona- 
tions or bequest.s made to them for promoting agricultural education 
or the general iiiteiesits of husbandry. 

Sect. 7. They may fix the days on which the different agricultural 
societies shall commence their exhibitions, and may prescribe forms 
for and regulate the returns required of said societies, and shall fur- 
nish to the secretary of each society such blanks as they may deem 
necessary to seciu'e uniform and reliable statistics. 

Sect. 8. They shall annually, on or before the fourth Wednesday 
of .January, by their chairman or secretary, submit to the general 
court a detailed report of their doings, with such recommendations 
and suggestions as the interests of agriculture may require. 

Sect. 9. 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 may deem useful. 

Sect. 10. He may appoint one or more suitable agents to visit, 
under the direction of the board, the towns in the cominonwealtli for 
the purpose of inquiring into the methods and wants of practical 
husbandry ; of ascertaining the adaptation of agricultural products 
to soil, climate, and markets ; of encouraging the estatjlishment of 
farmers' clubs, agricultural libraries, and reading-rooms ; and of dis- 
seminating useful information in agriculture liy means of lectures or 
otherwise ; and such agents shall annually in October make to the 
secretary detailed reports. 



CHAPTER 21. 



GE>rERAL PROVISIONS RELATING TO STATE OFFICERS. 



Section 

1. Appointments by govemor, etc., may be 
revoked for cause. 

2. Filling of vacancies during recesses of gen- 
eral court. 

3. "Who maj' administer oaths of office. 

4. Appointments by governor to be void unless 
appointee qualifies within three months. 

6. Preceding section to be printed on com- 
missions. 

6. Justices of the peace, etc., to pay fee of five 
dollars for commissions. 



Section 

7. When bond is required of appointee, com- 
mission not to issue imtil bond is given. 

8. No person to receive more than one salarj'. 

9. Penalty in case of holding office in viola- 
tion of law. 

10. Office hours of departments of state gov- 
ernment. 

11. Persons employed in departments of state 
government not to receive fees to their own 



Appointments 
by governor, 
etc., may be 
revoked for 

'l8Sl, 67. 
Filling of vacan. 
cies during re- 
cesses of general 
court. 
1860, 216. 



Who may ad. 
minister oaths 
of office. 



Section 1. Appointments made by the governor or by the gov- 
ernor and council may at any time be revoked by them for cause, 
unless the tenure of office or trust is expressly determined by the 
constitution or by law. 

Sect. 2. When, in consequence of death, resignation, or removal 
(from the commonwealth, a vacancy occurs during the recess of the 
'general court in the office of state director of a corporation iu 
which by law the commonwealth is authorized to be represented, or 
in an office filled by election by the general court and for which no 
other provision is made, the governor with the advice and consent of 
the council shall appoint to fill such vacancy some suitable person, 
who shall hold office till the assembling of the general court and 
until another is chosen in his stead. 

Sect. 3. Every person chosen or appointed to any office may. 
except when a different provision is made, take and subscribe the 



Chap. 21.] state officers. I99 

oaths required to qualify him to execute the duties of such ofHce Conet. pt. 2, c. 

before the governor, lieuteuant-goveruor, two members of the council, Amend' const 

or two of the commissioners mentioned in section seven of chapter »"• 6. 

eighteen. (i.s.i4,§4o. 

Sect. 4. Every person appointed by the governor to any office Appointments 

shall be notified by the secretary of the commonwealth of his appoint- ^J fold uuie6° 

ment, and if he does not, within three mouths from the date of such appointee quaii. 

appointment, take and subscribe the oaths required to qualify him to mini's. '° "^'* 

execute the duties of the office to which he has been appointed, his iggf' J2?' f f J' |' 
appointment shall be null and void, and the secretary shall forthwith ' ' ' ' 
notify him thereof and request him to return his commission to be 
cancelled, and shall also certify said facts to the governor. 

Sect. 5. The preceding section shall be printed on every commis- Preceding eec- 

sion issued to any person appointed to office by the governor. I'd on°conimi8'-'' 

Sect. (5. Every pei'son appointed to the office of pilot, iustice of !l,'i5'*-,„ „ - 

., J. 1 I- / ■ 1 ..'',. 1862, 109, § 0. 

the peace, notary public, master in chancery, commissioner to admin- 1867, 138, § 5. 

ister oaths to public officers, or commissioner to take acknowledg- Justices of the 

ments of deeds and perform otlier ministerial acts in other states or pfiyTe'e'^of'tive 

territories, shall, before the delivery of his commission, nav to the ''°."='.''* f""' ™™- 

/•/./I 111 'IJ missions. 

secretary of the commonwealth a fee of nve dollars. 1877, 211, § 8. iS62, 109, § 1. 

Sect. 7. When a bond is by law required of any person appointed ^^pj bon/fa 

to office by the governor or by the governor and council, the commis- requiiedof 

sion or certificate of appointment shall not issue until a satisfactory JiJii'^i'on'not'^to"' 

bond has been delivered. issi, 06. issue until bond 

Sect. 8. No person shall at the same time receive more than one l'^^'^''- 

,1 No person to 

salary from the state treasury. G. s. 15, § 36. receive more 

Sect. 9. Any person wilfully committing a breach of the preced- J!'™,""'',^"'.^^^' 
ing section, or wilfully accepting or holding office in violation of arti- 
cle two of chapter six of the second part of the constitution, shall 
forfeit and pay into the treasury of the commonwealth any and all 
compensation received by him from anj' and all offices during the time 
in which he has received more than one salary or held more than one 
office in violation of law ; and upon his failure or neglect so to do 
the attorney-general shall, upon written complaint being made within 
one year by any citizen of the commonwealth, promptly take steps 
to recover the said forfeiture. 

Sect. 10. The offices of all the departments of the state govern- Office hours ot 

ment shall be open to the public for the transaction of Ijusiness daily st'Se"KOTxTO-°' 

from nine o'clock in the forenoon until five o'clock in the afternoon, "i,™'-^ 

except on Sundays and legal holidays, and except on Saturdays, when imi'.h.' 
they may be closed at two o'clock in the afternoon ; but the treasurer 
shall not be required to keep liis office open for the receipt or pay- 
ment of money later than three o'clock in the afternoon. 

Sect. 11. No person employed in any department of the state Persons em- 
government shall receive for his own use any fee for copying public pirtmtms'of 
records or documents, or for other sen'ices during office hours, but all st.ite govem- 
fees for such services shall be paid to the head of the department, receive fees to 
and by hnii paid into the treasury of the commonwealth. A person Jg^'' sa^s's!* 
violating the provisions of this section shall be ineligible to be em- 
ployed in any department of the state government. 



200 



COUNTIES AKD COUNTY COJBIISSIOXEES. [ChAP. 22. 



TITLE VI. 



OP COUNTIES AND COUNTY OFFICERS. 



Chapter 22. — Of Counties and County Commissioners. 
Chapter 2.3. — Of County Tre.asurei-s and County Finances. 
Chapter 24. — Of Registers of Deeds. 
Chapter 2.5. — Of Sheriffs. 
Chapter 26. — Of Medical Examiners. 



CHAPTER 22, 



OF COTTNTIES AND COUNTY COMMISSIONERS. 



counties. 
Section 

1. Boundaries, jiowers, etc., of counties. 

2. Former conveyances to counties. 

3. In Suffolls, county property to belong to 
Boston, 

4. How county lands may be sold. 

5. Counties to provide public buildings. 

6. Special provision for SuflFolk County. 

7. Expenses of certain bighways, etc., iu Suf- 
, folk County. 

8. Maintenance of Cbelsea bridge. 

9. County maps. 

10. Same subject. 

11. Jurisdiction over waters between different 
coimties. 

12. Courts in Suffolk County to have concur- 
rent jurisdiction over crimes committed in 
and near Boston harbor. 

COUNTY COMMISSIONERS. 

13. County commissioners to be sworn, etc. 

14. Their salaries. 

15. Times of regular meetings. 

16. Adjournments from one shire town to 
another. 

17. Proceedings, if commissioner ie interested. 



Section 

18. If opposing parties appear, three corumis. 
sioners to act. 

19. Commissioners may administer oaths, jiun- 
ish for contempt, etc. 

20. General powers of commissioners. 

21. Their warrants, etc., to be executed by 
sheriffs, etc. 

22. Contracts above three hundred dollars to be 
made in writing after proposals issued, etc. 

23. In what cases recognizances shall be re- 
quired of parties who apply for damages, 
etc. 

24. When damages assessed, costs, etc., to be 
added. 

25. Costs, when petition is disallowed. 

26. Proceedings at other times than regular 
meetings. 

27. Return of such proceedings to be made at 
regular or special meeting, etc. 

28. Commissioners to furnish blanks for re- 
turns of votes. 

29. Special provisions for Nantucket County, 

30. for Suffolk County. 

31. Provisions relative to commissioners and 
their clerks to apply in certain cases to 
other officers. 



Boundaries, 

powers, etc., 
of counties. 
G. S. 1,§1. 
G. S. 17, § 1. 



Section 1. The boundaries, rights, dutios, powers, privileges, 
and immunities of the several counties shall remain as heretofore 
established ; the boundaries of counties bordering on the sea shall 
extend to the line of the commonwealth as defined iu section one of 
chapter one. Each county shall continue a body politic and corporate 
for the following purposes : to sue and be sued ; to purchase and 
hold, for the use of the county, personal estate and lauds lying within 
its own limits ; and to make necessary contracts and do necessary acts 
iu relation to its property and concerns. 



Chap. 22.] counties aistd county commissioners. 201 

Sect. 2. Real and personal estate heretofore conveyed bj' any Former convey- 
form of conveyance to the inhabitants of a county, to tlie county ^gf" '° """"■ 
treasurer, to a committee, or to other persons for the use and benefit "^^ S- 1"' § 2. 
of a county, shall be deemed to be the property of such county ; and 
such conveyances shall have the same force and effect as if made to 
such county by its corporate name. • 

Sect. 3. In the county of Suffolk, the real and personal estate in Suffolk, coun. 
which on or before the twenty-third day of June in the year eighteen b^i^^g'To'^oT- 
huudred and thuty-one belonged, or was deemed and taken to belong, gn- 
to said county, shall belong to and be vested In the city of Boston ; ' ' '' 
and the city of Chelsea and towns of Revere and Winthrop shall 
have no right, title, or interest tlicrein. 

Sect. 4. The county cDiiiinissioiieis in each county may by their How county 
order of record appoint agents to sell its real estate or any portion g^j." "''^ ''^ 
thereof ; and a deed made on behalf of the county by such agents, G. s. 17, § i. 
under their proper hands and seals, and duly acknowledged by them, 
shall be sufficient to convey any right, title, interest, and estate which 
the county may have in the real estate so con\'eyed. 

Sect. 5. Each county except Suffolk shall provide suitable court- Counties to pro- 
houses, jails, houses of correction, fire-proof oftices, and other neces- huudi'ngi."^ 
sary public buildings for the use of the county ; except that Dukes G- s. n, § 5. 
County need not provide a house of correction. 

Sect. G. In the county of Suffolk the court-houses, jails, house of Special provis. 
correction, fire-proof offices, and other necessary public buildings for coumy^" ° 
the use of the county, shall be provided by the city of Boston, and G. s. i7, § 6. 
said city shall pay all county charges except as hereinafter provided. 

Sect. 7. No part of any expense incurred by the laying out, Expenses of cer. 
widening, alteration, discontinuance, building, or repair of a highway, ^t^, iJfsuffoii 
Ijridge, or other way of travel in the towns of Re\'ere and "Winthrop, fg^.^g^- ' 
shall be assessed upon the county of Suffolk, the city of Boston, or the 
city of Chelsea, and no part of any expense incurred by the laying 
out, widening, alteration, discontinuance, building, or repair of a high- 
way, bridge, (except Chelsea bridge,) or other way of travel in the 
city of Chelsea, shall be assessed upon the countj' of Suffolk or the 
city of Boston. 

Sect. 8. The city of Chelsea shall maintain and repair that por- M.iintenance of 
tion of Chelsea bridge over Mystic River which lies north-easterly Srs'.^Ii.''"'^**' 
of tlie north-easterly draw therein : and the city of Boston shall main- 
tain and repair that portion of said bridge which lies south-westerly of 
said draw ; and said draw, together with the draw-piers, shall be main- 
tained and repaired equally by said cities. Said cities shall be respec- 
tively liable for damages resulting from defects in the portions of 
said bridge which they are severally required to maintain and repair. 

Sect. '.(. Changes iu the boundaries of cities and towns, the county maps, 
courses of roads, railroads, and canals, and other topographical altera- **• ^" ■'^' ^ '■ 
tions in each county, shall be correctly and fairly delineated on the 
county maps in the possession of the county commissioners, who shall 
retain said maps, and from time to time cause such delineations to be 
made thereon. 

Sect. 10. The secretary of the commonwealth shall, as often as Same subject, 
necessaiy, transmit the manuscript county maps in his office to the **" ^' ■"' ^ *' 
respective count}' commissioners, who shall cause to be transferred 
thereto liy 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 map. 

Sect. 1 1 . The jurisdiction of counties separated by waters within juriBdiction 
the jurisdiction of the commonwealth shall be conciu-rent upon and bel^v^end^f- 

OVer such waters. O. S. l, § l. fereut tounUes. 



202 



COUNTIES AND COUNTY COMMISSIONERS. [ChAP. 22. 



Courts in Suf- 
folk County to 
have concun-ent 
jurisdiction over 
crimes commit- 
ted in aud near 
Boston harbor. 
G. S. 17, § 10. 

1863, 177. 

1864, 50. 
1876, 8. 
1880, 168, § 1. 



Sect. 12. The courts in the county of Suffolk, concurreutly -with 
the courts of the several other counties in which ptirts of the ierritory 
hereinafter described are situated, shall ha\e jurisdiction of all crimes, 
offences, and misdemeanors committed in any portion of the town of 
Hull or in that portion of the town of Hingham which lies within a 
luie beginning at the tide-gate under the bridge on Otis Street and 
thence running in a straight course to the corner of Lincoln Street 
and Dowuer Avenue, theuce by said Lincoln Street to the line of the 
town of Weymouth, and thence by the shore to the point of begin- 
ning ; and also of those committed ou the islands or waters in Boston 
harbor which lie northerlj' of a line drawn westwardly from the most 
easterly point of Point Aldertou through the most northerly point of 
Moon Island to the channel of Naponset River, and westerly of a line 
drawn from Point Aldertou to the easternmost point of the Outer 
Brewster Island, and from thence to Shoit Beach at the line dividing 
the towns of Revere and Winthrop, as if said town of Hull, said por- 
tion of said town of Hingham, and said islands and waters, were 
within the limits of said county of Suffolk. In all cases in which the 
courts in the couuty of Suffolk have jurisdiction under this section in 
the town of Hull, any ofHcer qualified to sen-e criminal process iu thb 
city of Boston may serve such process iu said town. 



County 
sioners to be 

G. S. i7, §'ll. 

Their salaries. 
1864, 280, § 1. 
1879, 295. 
1881, 158. 
117 Mass. 433. 



Times of reqrular 

meetings. 

G. S. 17, § 31. 

1867, 341. 

1868, 325, § 3. 



corxxr comjiissioxers. 

Sect. 13. County commissioners before entering upon their duties 
shall be sworn, and at their first meeting after the annual election in 
each year shall choose a chairman of their Ijoard by ballot. 

Sect. 14. The commissioners and special commissioners of the 
several counties shall receive from the respective county treasuries, in 
full payment for all their services and travel, the following annual 
salaries : the special commissioners to be paid three dollars each per 
day and ten cents a mile travel each way, and the balance thereof to 
be divided among the county commissioners in proportion to the 
services rendered, the travel performed, aud the expenses incurred by 
each ; and no other or additional compensation shall be paid to them 
for any service performed by them for their respective counties. 

For the county of Barnstable, eleven hundi'ed dollars. 

For the count}' of Berkshire, sixteen hundred dollars. 

For the county of Bristol, two thousand dollars. 

For the couuty of Dukes County, four hundred dollars. 

For the county of Essex, thirty- two hundred dollars. 

For the county of Franklin, eleven hundred dollars. 

For the county of Hampden, sixteen hundred dollars. 

For the county of Hampshire, twelve hundred dollars. 
. For the county of Middlesex, thirty-si.x hundred dollars. 

For the county of Norfolk, nineteen hundred dollars. 

For the county of Plymouth, nineteen hundred dollars. 

For the county of Worcester, thirty-four hundred dollars. 

Sect. 15. The commissioners shall hold meetings in their respec- 
tive counties at the following tiiues and places : — 

In the county of Barnstable, at Barnstable, on the second Tuesdays 
of April and October. 

In the county of Berkshne, at Pittsfleld, on the first Tuesdays oi 
April, .Inly, aud September, and on the last Tuesday of December. 

Iu the county of Bristol, at Taunton, on the fourth Tuesdays of 
March and September. 

Iu 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 November. 



Chap. 22.] corxTiES and county commissioners. 203 

In the county of Essex, at Ipswicli, on the second Tuesday of 
April; g,t Salem, on the second Tuesday of July; at Newbury port, 
on the second Tuesday of October ; at Lawrence, on the last Tues- 
day of August ; and on the fourth Tuesday of December, at Ipswich, 
iSalera, or Newburyport, as the commissioners shall order at their 
nest preceding term. 

In the county of Franklin, at Greenfield, on the first Tuesdays 
of March and September, and the second Tuesdays of June and 
December. 

In tlie conuty of Hampden, at Springfield, on the second Tuesday 
of April, the first Tuesday of Octoljer, and the fourth Tuesdays of 
June and Decemlier. 

In the county of Hampsliire, at Northampton, on the first Tuesdays 
of ISIarcli, Septeml)er, and December, and on the Tuesday next after 
the second Jlonday of .Tune. 

In the county of Middlesex, at C'amliridge, on the first Tuesdays of 
January aud June : and at Lowell, on the first Tuesday of September. 

In the county of Norfolk, at Dedham, on the third Tuesday of 
April, tlic fourth Tuesdays of June aud September, and the last 
Wednesday of December. 

In tlie county of Plymouth, at Plymouth, on the first Tuesday of 
January, the third Tuesday of March, and the first Tuesday of August. 

In tlie county of Worcester, at Worcester, on the fourth Tuesday 
of ^March, the third Tuesday of June, the second Tuesday of Sep- 
teml)er, and the fourth Tuesday of December. 

Skct. 16. The commissioners may, if in their judgment the public Aciioumments 
business demands it, adjourn an established term or meeting from one f;^™ to mtSibtr. 
shire town to another in the same county ; and persons and processes iseo, 208. 
required to appear at or to lie returned to the established term or 
meeting sliall appear at, be returnable to, and have day in the 
adjourned term or 'meeting. 

Skit. 17. If either of the county commissioners is interested in a rrocecdines, if 
(juestion before the board, if any ])art of a road upon wliich they are l^u™™u"a."^'' " 
to act lies within the city or town in which either of them resides, if G.s. n,§i2. 
either of them is unable to attend, or if there is a vacancy in the lioard, 2MeT. m." 
tile other member or memliers shall give notice to one or both of the Jg'g^.Jj:. ^j'' 
special connuissioners, as the case may require, who shall fortliwith 103 Mass. 120. 
proceed to act as a member or members of the board. If a board ne Mass! 73?' 
cannot be organized in conformity with these provisions, then such 
residence in the city or town in which the road lies shaU lie no dis- 
qualification. 

Sect. 18. No business, in which opposing parties appear, shall be if opposing 
finally determined, except by consent, unless thei-e are three disinter- ihree^commis!' 
ested commissioners present and acting thereon. G. s. 17, §13. eioners to act. 

1S74, 329, § 2. 3 Cusb. 1. 15 Gray, 667. 

Sect. 19. The commissioners, when assembled for the perform- Commissirnfrs 

ance of tlieir duties, may administer oaths to witnesses, and may ™ai8?punisii'" 

punish disorderly conduct, causing an interruption to the business of for coWmpt, 

their meeting or amounting to an open and direct contempt of then- g?"s. 17, §14. 
authority or persons, by fine not exceeding five dollars, or bj' confine- 
ment in the custody of the sheriff, or of a deputy-sheriff or constable, 
for a time not exceeding twelve hours. 

Sect. 20. County commissioners shall have authority, — General powert 

First, To provide for erecting and repairing court-houses, jails, of^commissioa- 

and otlier necessarv public buildings, within and for the use of their G. s. 17, § le. 

' -' ' ^ 1862. 157. 

county. 

Second, To represent their county, and to have the care of its 
property and the management of its business and concerns in all 
cases which are not otherwise specially provided for. 



204 



COUNTIES AND COUNTY COMMISSIONERS. [ChAP. 22. 



Their warrants, 
etc., to be exe- 
cuted by sher- 
iti's, etc. 

Contracts above 
three hundred 
dollars to be 
made in writing 
after proposals 
issued, etc. 
G. S. 17, § 23. 

In what cases 
recognizances 
shall be required 
of parties who 
applj' for dam- 
ages, etc. 
G. S. 17, § 24. 



When damages 
assessed, costs, 
etc., to be added. 
G. S. 17, § 25. 



Costs, wiien 
petition is 
disallowed. 
G. S. 17, § 30. 



-Proceedings at 
other times tbar 
regular meet- 
ings. 
G. S. 17, § 26. 



Return of such 
proceedings to 
be made at regu- 



114 Mass. 514. 



Commissioners 
to furnish 
blanks for re- 
turns of votes. 
G. S. 17, §28. 



Special provis- 
ions for Nan- 
tucket County. 
G. S. 17, § 32. 



Special pr 



Third, To establish a seal for their county, which sliall be in the 
custody of their clerk, and shall be affixed to all process issued by 
tlieni in cases where a seal is required. 

Fourth, To do such other acts as may be necessary to carry into 
effect the powers given them bj' law. 

Sect. 21. Sheriffs, deputy-sheriffs, and constables shall sen-e and 
execute all legal warrants and processes to them directed by county 
commissioners. G. s. 17, § 15. 

Sect. 22. All contracts for public works made by the commis- 
sioners shall, if exceeding three hundred dollars in amount, be made 
in writing, after notice for proposals therefor has been published at 
least three times in some newspaper published in the county, city, or 
town interested in the work contracted for. 

Sect. 23. Wlien a person or corporation applies to the commis- 
sioners to estimate or assess damages sustained by reason of property 
taken or intended to be taken for the purposes of a railroad or otlier 
corporation, or to perform any other official act in relation to matters 
in which the county has no interest, the commissioners, before pro- 
ceeding to act, shall require the applicant to enter into a recognizance 
to the count}', with sureties to their satisfaction, for the payment 
of all costs and expenses which shall arise by reason of such appli- 
cation and of the proceedings thereon ; and the same remedy shall 
be had to enforce the payment thereof as is provided in the case of 
recognizances entered into under the provisions of chapter forty-nine. 

Sect. 24. When the commissioners assess damages upon any ap- 
plication referred to in the preceding section, they shall add to such 
damages the amount of costs and expenses incurred by reason of 
the application and of their proceedings thereon. 

Sect. 25. When a petition to the commissioners is disallowed, and 
costs are chargeable to the petitioner, there shall be taxed for each 
commissioner at the rate of three dollars a day for time, and five 
cents a mile for travel to and from the place of meeting, which costs 
shall be paid into the county treasury. 

Sect. 26. The commissioners or the chainnan of the board may, 
at other times than at regular meetings, receive petitions relating to 
railroads or to matters in which the county has no interest, and may 
take recognizances tliereon, and, on such petitions and on similar 
petitions entered at a regular meeting and pending before them, may 
appoint times for hearing the parties and acting thereon, and may 
direct proper notices to be given to persons interested. 

Sect. 27. The commissioners and chairman shall make return of 
such petitions and recognizances, with their proceedings, at any regu- 
lar meeting or at any special meeting held for the purpose ; their clerk 
shall enter the same of record, and such further proceedings shall be 
had thereon as the case shall require. The costs of such special 
meeting shall be paid by such of the parties as the commissioners 
may decide. 

Sect.' 28. The commissioners shall annually, before November, 
furnish to the several clerks of cities and towns in their county blank 
forms and envelopes for returns of votes for commissioners, county 
treasurer, and register of deeds, with such printed directions on the 
envelopes as they shall deem necessary for the guidance and direction 
of said clerks in making the returns according to law. 

Sect. 29. In the county of Nantucket the selectmen of the town 
of Nantucket shall have like powers and perform like duties as are 
exercised and performed by the commissioners of other counties ; and 
said town may raise such sums of money as may be necessary for 
defraying the expenses of the county of Nantucket. 

Sect. 30. In the county of Suffolk the aldermen of the city of 



1 



Chap. 23.] county tkeasukeks and county finances. 



205 



Boston shall, except where Other provision is made, have like powers 
and perform like dnties within said eity as are exercised and per- 
formed by tlie county commissioners of other counties ; and the county 
commissioners for the county of Middlesex shall, except where other 
provision is made, have like powers and perform like duties within 
the city of Chelsea and the towns of Revere and Wiuthrop as are 
exercised and performed by them in their own county ; and when per- 
forming duties which relate to said places, they shall be paid therefor 
by said places, or by either of them, in such proportions as the com- 
missioners may direct, at the rate of three dollars a day and five cents 
a mile travel for each commissioner attending in the case. 

Sect. 31. All the provisions of law concerning the powers, duties, 
and liabilities of county commissioners and their clerks, shall, except 
where it is otherwise specially provided, be construed to include and 
apply to all other public officers who by law exercise the powers of 
such commissioners or clerks in the respective counties. 



ions for Suffolk 
County. 

G.S.17,§§33,34. 
G.S.43,§§77,80. 
See 1872, 87, § 1. 



Pro\-i8ioii8 rela- 
tive to comrais- 
Biouers and their 
clerks to be 
applicable in 
certain cases to 
other officers. 
G. S. 17, § 35. 



CHAPTER 23. 



OF COUNTY TKEASUKERS AND COUNTY FINANCES. 



county treasurers. 
Sectiox 

1. County treasurers to be sworn and to give 
bond. 

2. Their ealarieB. 

3. Treasurer of Suffolk County. 

4. of Xantucket County. 

5. Certain persons ineligible as county treas- 
urer. 

COUNTY FINANCES AND THE AUDITING OP 
COUNTY ACCOUNTS. 

6. Treasurer to collect, receive, and pay out 
county money, etc. 

7. not to pay out certain money without 
order from commissioners, etc. 

8. No payment to be made without vouchers. 

9. Bills, vouchers, etc., to be filed and kept. 

10. Written statement may be required of offi- 
cer rendering accounts against the county. 

11. Treasurer to keep a full account, etc. 

12. Countersigning of licenses; receipts to be 
in duplicate. 

13. Paj-meut by check, etc. 

14. Five of preceding sections not to apply to 
Suffolk County. 

15. Salaries of county officers to be payable 
monthly. 

16. Treasurer may sue on county bonds, etc. 

17. to give notice, etc., when public officer 
fails to pay over money. 

IS. Surplus cash to be deposited in national 

banks. 
19. Interest at twelve per cent per 



Section 

be charged upon money due at a fixed 
time and not paid. ^ 

20. Treasurer to render annual account to 
county commissioners. 

21. Annual cvamiuation of county accounts. 

22. Annual estimates of county expenditures. 

23. Penalties. 

24. Commissioners to apportion county taxes. 

25. No new assessments to be made until esti- 
mates and accounts rendered. 

26. Commissioners to renew, etc., county debts. 

27. P