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Full text of "The Revised Statutes of the Commonwealth of Massachusetts, passed November 4, 1835 : to which are subjoined, an act in amendment thereof, and an act expressly to repeal the acts which are consolidated therein, both passed in February 1836 : and to which are prefixed the Constitutions of the United States and of the Commonwealth of Massachusetts. Printed and published, by virtue of a resolve of Nov. 3, 1835"

II 



ll 



REVISED STATUTES 



eotnmontntaU)) of M9»»fitttnettt«. 



THE 



REVISED STATUTES 



CommotttDealtl) of fl^assacijusetts, 



PASS£:i> JVOVGAIBSR 4, 1835; 



TO WHICH ARE SUBJOINED, 



AN ACT IN AMENDMENT THEREOF, AND AN ACT EXPRESSLY TO 
REPEAL THE ACTS WHICH ARE CONSOLIDATED THEREIN, 

BOTH FASSBD IM FEBRUARY 1836; 

AND TO WHICH ARE PREFIXED, 

THE CONSTITUTIONS 



sanitetr States antr of t$e Otomtnonbjcalti) of plassac^usttts* 



PRINTED AND PUBLISHED, BY VIRTUE OF A RESOLVE OF NOV. 3, 1835; 



UNDER THE SUPERVISION AND DIRECTION OP 



THERON METCALF AND HORACE MANN. 




PUBLISHED BY DUTTON & WENTWORTH, STATE PRINTERS. 

Nos. 10 & 12 Exchange Street. 

1836. 



M30 

.At 



J- 



ADVERTISEMENT. 



By a resolve of the legislature, passed February 4, 1 832, the Gov- 
ernor was authorized to appoint three commissioners to revise the 
general statutes of the Commonv^^ealth. Under this resolve, the 
Hon. Charles Jackson, the Hon. Asahel Stearns, and John H. 
Ashmun, Esq. w^ere appointed. Mr. Ashmun died in April 1833, and 
the Hon. John Pickering was appointed in his stead. The report 
of these commissioners was laid before the legislature at the win- 
ter session of 1835. At that session, a joint committee, consist- 
ing of nine members of the senate and eighteen members of the 
house of representatives, was appointed to sit during the recess, 
and examine the commissioners' report. This committee commen- 
ced its sittings. May 20, 1835, and after a session of eighty one 
days, reported to the legislature the report of the commissioners, 
with numerous amendments. On the second day of September, 
1835, the legislature commenced a session, for the exclusive purpose 
of acting upon the report of the commissioners and the proposed 
amendments of the committee. This session continued until the 
fourth day of the following November, when the act, called the 
Revised Statutes, was passed. 

By virtue of a resolve of November 3, 1835, the subscribers were 
appointed commissioners, with directions personally to superintend 
the publication of the Revised Statutes, to examine the proof sheets, 
to compare the same with the original roll in the office of the secre- 
tary of state, to prepare marginal notes to the sections, and an exact 
and copious index to the whole. 



VI ADVERTISEMENT. 

This volume has been prepared in pursuance of that commission. 
In discharging the duties assigned them, the commissioners foresaw, 
that by bestowing their own labor upon certain subjects connected 
with the work, an equal amount of labor might be saved to thous- 
ands of individuals, who will hereafter have occasion to consult it. 
In order, therefore, to facilitate a reference to the statutes which are 
herein revised, they have caused the chapter of the principal act or 
acts revised, together with the political year in which the same were 
passed, to be denoted in the margin. And, generally, whenever the 
Revised Statutes have adopted, modified, or controlled the adjudi- 
cations of the supreme judicial court of this Commonwealth, and 
also where they have established a rule in cases in which the decis- 
ions of the courts of other states might have been cited as an au- 
thority, the commissioners have placed a reference to those cases, 
under the marginal notes. They have selected, however, only lead- 
ing and prominent cases. To have collected all the decisions, hav- 
ing any relation to the enactment, would have encumbered the 
page ; and would, perhaps, more frequently have diverted attention 
to decisions foreign to the inquiry, than have elucidated the sub- 
ject of research. No person could expect the margin of a statute 
book to be a substitute for a digest. 

To the Revised Statutes are subjoined two acts, passed in Feb- 
ruary 1836; one amendatory of them, and the other an act spe- 
cifically repealing the acts which are consolidated in those stat- 
utes. 

The constitution of Massachusetts is prefixed to this volume of 
the laws, in compliance with the eleventh article of the sixth chapter 
of that instrument. The constitution of the United States is also 
prefixed. When that constitution was printed in the edition of the 
general laws of this Commonwealth, published in 1823, it was sup- 
posed that thirteen articles of amendment had been added thereto, 
since its original adoption. But it having been ascertained that the 
article, numbered thirteen, has never been ratified by the requisite 
number of states, it is omitted in this edition. 



ADVERTISEMENT. VII 

Where a superfluous word has been found in the roll, it has been 
printed in the text of the Revised Statutes, in the roman character, 
but enclosed within brackets, thus [ ]. Where a word has been 
found necessary to sustain the sense of the context, it has been sup- 
plied by the commissioners, but placed within brackets, and printed 
in italics. Where one word has obviously been mistaken for another, 
the mistaken word has been preserved, and the word, supposed to 
have been intended, follows in brackets and in italics. 

According to the practice of the legislature of Massachusetts, bills 
are not engrossed on paper before they pass to a third reading, and 
then enrolled on parchment, before they pass to be enacted, as they 
are in the Congress of the United States, and in the parliament of 
Great Britain. Such an omission greatly increases the exposure to 
verbal and literal mistakes, though they are generally such as the 
slightest scrutiny will detect. 

The commissioners trust, that the extreme rapidity, with which 
this volume has been carried through the press, will furnish an apol- 
ogy for any slight errors, attributable to them, which it may be found 
to contain. 

THERON METCALF. 
HORACE MANN. 
March, 1836 



ANALYSIS 



SEVERAL TITLES AND CHAPTERS. 



CONTAINED IN 



THE REVISED STATUTES 



PART I. 

OF THE INTERNAL ADMINISTRATION OF THE GOVERN- 
MENT. 



TITLE L 

OF THE JURISDICTION OF THE COMMONWEALTH; AND THE STA- 
TUTES AND LEGISLATIVE PROCEEDINGS. 

Chapter 1. Of the jurisdiction of the Commonwealth, and of the 
concurrent jurisdiction of the United States over 
places ceded by the Commonwealth 56 

Chapter 2. Of statutes and legislative proceedings 58 

TITLE 11. 

OF ELECTIONS, OTHER THAN OF MILITIA, TOWN, AND PARISH OF- 
FICERS. 

Chapter 3. Of the qualifications of electors 62 

Chapter 4. Of the manner of conducting elections 64 

Chapter 5. Of the election of governor, lieutenant governor, sen- 
ators and representatives in the General Court. ... 66 
Chapter 6. Of the election of representatives in Congress, and 
electors of president and vice president of the 
United States 68 



ANALYSIS. PART I. 

TITLE III. 

OF THE ASSESSMENT AND COLLECTION OF STATE TAXES : AND OF 
THE FUNDS, REVENUE, AND PROPERTY OF THE COMMONWEALTH, 
AND THE ADMINISTRATION THEREOF. 

Chapter 7. Of the manner in which taxes ai-e to be assessed, and 

of the property exempted from taxation 74 

Chapter 8. Of the collection of taxes 82 

Chapter 9. Of taxes on banks, and on sales by auction 89 

Chapter 10. Of the public lands, and the superintendence and dis- 
position thereof. 91 

Chapter 11. Of the public buildings and other public property 93 

TITLE IV. 

Chapter 12. OF THE MILITIA 95 

TITLE V. 

Chapter 13. OF CERTAIN STATE OFFICERS 146 

TITLE VL 

Chapter 14, OF COUNTIES AND COUNTY OFFICERS 157 

TITLE VII. 

OF TOWNS AND TOWN OFFICERS. 

Chapter 15. Of the powers and duties of towns; and the elec- 
tion, qualifications, and duties of town officers 174 

Chapter 16. Of workhouses in towns 186 

Chapter 17. Of keeping watch and ward in towns 190 

Chapter 18. Of securing towns against fires ; and the appoint- 
ment of fire wards and enginemen 191 

Chapter 19. Offences and fence viewers ; of pounds and the im- 
pounding of cattle ; and of field drivers 195 

TITLE VIII. 

Chapter 20. OF PARISHES ; AND THE SUPPORT OF PUBLIC WOR- 
SHIP 200 

TITLE IX. 

OF THE PUBLIC HEALTH. 

Chapter 21. Of the preservation of the public health ; quaran- 
tine : nuisances ; and offensive trades 207 

Chapter 22. Regulations concerning the practice of physic and sur- 
gery 214 



ANALYSIS. PART I. 



XI 



TITLE X. 

Chapter 23. OF PUBLIC INSTRUCTION 217 

TITLE XI. 

OF HIGHWAYS, BRIDGES AND FERRIES ; AND OF TOWN WAYS. 

Chapter 24. Of laying out highways, town ways and private ways ; 

and the discontinuance thereof. 228 

Chapter 25. Of the repair of ways and bridges 242 

Chapter 26. Of the regulation of ferries 249 

Chapter 27. Of common sewers and drains, in highways and other 

places 251 

TITLE XII. 

OF THE REGULATION OF TRADE IN CERTAIN CASES. 

Chapter 28. Of the inspection of provisions and other merchan- 
dize ; and regulations respecting the sale thereof. . . 252 

Chapter 29. Of sales by auctioneers 286 

Chapter 30. Of weights and measures , o . 238 

Chapter 31. Of the weighing of lighters and other vessels employ- 
ed in ti-ansporting stone, gravel and sand 292 

Chapter 32. Of shipping, ship owners, and charterers ; and of 

pilotage 294 

Chapter S3. Of bills of exchange and promissory notes 302 

Chapter 34. Of limited partnerships 304 

Chapter 35. General provisions respecting trade 306 

TITLE XIII. 

OF CORPORATIONS ; AND PROPRIETORS OF COMMON LANDS. 

Chapter 36. Of banks 808 

Chapter 37. Of insurance companies 320 

Chapter 33. Of manufacturing corporations 327 

Chapter 39. Of turnpike, railroad, and canal corporations 334 

Chapter 40. Of aqueduct corporations 350 

Chapter 41. Of library corporations, and lyceums 352 

Chapter 42. Of agricultural corporations 354 

Chapter 43. Of proprietors of lands, wharves, general fields, and 

other real estate lying in common 356 

Chapter 44. General provisions respecting corporations 362 

TITLE XIV. 

OF THE INTERNAL POLICE OF THE COMMONWEALTH. 

Chapter 45. Of the settlement of paupers 867 

Chapter 46. Of the support of paupei-s 369 



Xll ANALYSIS. PART I. 

Chapter 47. Of the regulation of licensed houses 375 

Chapter 48. Of the State Lunatic Hospital ; and the care of luna- 
tics 379 

Chapter 49. Of the maintenance of bastard children 383 

Chapter 50. Of the observance of the Lord's day ; and the preven- 
tion and punishment of immorality 385 

Chapter 51. Of the law of the road ; and the regulation of public 

vehicles 388 

Chapter 52. Of timber floating on rivers, or carried upon adjoin- 
ing lands 389 

Chapter 53. Of the preservation of certain useful birds and other 

animals 390 

Chapter 54. Of the destruction of certain noxious animals 391 

Chapter 55. Of fisheries ' 392 

Chapter 56. Of lost goods and stray beasts 395 

Chapter 57. Of wrecks and shipwrecked goods 397 

Chapter 58. Of certain municipal regulations of police 400 



PART II. 

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



TITLE I. 

OF REAL PROPERTY, AND THE ALIENATION THEREOF. 

Chapter 59. Of alienation by deed ; and of the legal formalities, 
the construction, and the operation of deeds for the 
conveyance of lands 404 

Chapter 60. Of estates in dower, by the curtesy, for years, and at 

will ; and general provisions concerning real estate. 403 

TITLE 11. 

Chapter 61. OF TITLE TO REAL PROPERTY BY DESCENT 413 

TITLE IIL 

Chapter 62. OF WILLS OF REAL AND PERSONAL ESTATE.- • • . 416 



ANALYSIS. PART II. xiu 

TITLE IV. 

OF THE SETTLEMENT OF THE ESTATES OF DECEASED PERSONS. 

Chapter 63. Of letters testamentary and other proceedings on the 

probate of a will 421 

Chapter 64. Of the administration and distribution of the estates 

of intestates 423 

Chapter 65. Of the inventory, and collection of the effects of de- 
ceased persons 42S 

Chapter 66. Of the payment of debts and legacies of deceased per- 
sons „ . , 430 

Chapter 67. Of executors and administrators rendering their ac- 
counts and settling estates 435 

Chapter 68. Of the proceedings when the estate of a deceased per- 
son is insolvent 438 

Chapter 69. Of the appointment of trustees for minors and others ; 

and of their powers and duties 443 

Chapter 70. General provisions concerning the settlement of the 

estates of deceased persons. . 445 

TITLE V. 

OF TITLE TO REAL PROPERTY BY SPECLIL PROVISIONS OF LAW. 

Chapter 71. Of the sale of lands for the payment of debts, by ex- 
ecutors, administrators, and guardians 452 

Chapter 72. Of the sale of land of minors, and other persons un- 
der guardianship, and securing the proceeds for 
their use 459 

Chapter 73. Of taking land to satisfy executions for debt 462 

TITLE VI. 

Chapter 74. OF PREVENTING FRAUDS AND PERJURIES IN CON- 
TRACTS AND IN ACTIONS FOUNDED THEREON.. . 473 

TITLE VII. 

OF THE DOMESTIC RELATIONS. 

Chapter 75. Of marriage and the solemnization thereof 475 

Chapter 76. Of divorce 479 

Chapter 77. General provisions concerning husband and wife 484 

Chapter 78. Of parents and children 487 

Chapter 79. Of guardians and wards 488 

Chapter 80. Of masters, apprentices and servants 494 



XIV 



ANALYSIS. PART III. 



I 



OF COURTS AND JUDICIAL OFFICERS, AND PROCEED- 
INGS IN CIVIL CASES. 



TITLE I. 

OF COURTS, AND JUDICIAL OFFICERS. 

Chapter 81. Of the supreme judicial court 498 

Chapter S2. Of the court of common pleas 507 

Chapter 83. Of the pi-obate court 514 

Chapter 84. Of county commissioners 524 

Chapter 85. Of justices of the peace 526 

Chapter 86. Of the municipal court of the city of Boston 531 

Chapter 87. Of police courts 533 

Chapter 88. Of clerks, attorneys, and other officers of courts 539 

Chapter 89. General provisions concerning courts and judicial offi- 
cers 544 

TITLE II. 

OF ACTIONS IN GENERAL. 

Chapter 90. Of the commencement of actions, and the service of 

the original writ 545 

Chapter 91. Of bail in civil actions 561 

Chapter 92. Of proceedings when the defendant does not appear 

and answer to the suit 564 

Chapter 93. Of death, marriage, or other disability, occuring after 

the commencement of the suit 566 

Chapter 94. Of witnesses and evidence 570 

Chapter 95. Of juries 578 

Chapter 96. Of trial and its incidents 583 

Chapter 97. Of judgment and execution 586 

Chapter 98. Of the i*elief of poor prisoners committed on execution 

for debt 595 

Chapter 99. Of writs of review 602 

Chapter 100. General provisions concerning actions 605 

TITLE IIL 



OF ACTIONS RELATING TO REAL PROPERTY. 

Chapter 101. Of the writ of entry for the recovery of the freehold. 609 

Chapter 102. Of the writ of dower 616 

Chapter 103. Of the partition of lands owmed by several persons. . 617 

Chapter 104. Of forcible entry and detainer 627 

Chapter 105. Of waste, and trespass on real estate 629 

Chapter 106. Of actions for private nuisances 632 



Chapter 107. 

CHAPTEft 108, 



ANALYSIS PART III. 

Of suits to foi'eclose and to redeem, mortgages,. . . . 633 
Of informations of intrusion, and informations in 
the nature of inquests of office 640 

TITLE IV. ' 

OF PROCEEDINGS IN SPECIAL CASES. 

Of foreign attachment, or the trustee process 642 

Of suits by and against executors and administrators. 653 

Of the writ of habeas corpus o . 655 

Of writs of audita querela, of error, and of certiorari. 660 
Of distraining cattle, and of the action of replevin. . . 664 
Of reference to arbitration by agreement before a 

justice of the peace 670 

Of proceedings for improving meadows, swamps, and 

low lands 672 

Of proceedings for the support and regulation of mills. 675 
Of the lien of mechanics and others, for the cost of 

repairs and improvements on real estate 684 

Of recognizances for debts ; seizing and libelling for- 
feited goods and the recovery of pecuniary forfei- 
tures 689 

TITLE V. 

OF THE LIMITATION OF ACTIONS. 



Chapter 119. Of the limitation of real actions and rights of entry. . 695 
Chapter 120. Of the limitation of personal actions 698 

TITLE VL 

OF COSTS. AND THE FEES OF OFFICERS. 

Chapter 121. Of costs in civil actions, and the taxation thereof. . . . 702 
Chapter 122. Of the fees of certain officers 707 



XV 



Chapter 109. 
Chapter 110. 
Chapter 111. 
Chapter 112. 
Chapter 113. 
Chapter 114. 

Chapter 115. 

Chapter 116. 
Chapter 117. 

Chapter 118. 



PART IV. 

OF CRIMES AND PUNISHMENTS, AND PROCEEDINGS IN 
CRIMINAL CASES. 



TITLE L 

OF CRIMES AND THE PUNISHMENT THEREOF. 

Chapter 123. Of the rights of persons, who are accused of crimes 

and offences 714 



XVI 



ANALYSIS. PART IV. 



Chapter 124. Of offences against the sovereignty of the Common- 
wealth 715 

Chapter 125, Of offences against the lives and persons of individu- 
als 716 

Chapter 126. Of offences against private property 719 

Chapter 127. Of forgeiy and counterfeiting 728 

Chapter 128. Of offences against public justice 782 

Chapter 129. Of offences against the public peace 737 

Chapter 130. Of offences against chastity, morality and decency.. . 739 

Chapter 131. Of offences against the public health 742 

Chapter 132. Of offences against public policy 743 

Chapter 133, General provisions concerning ci'imes and punish- 
ments 745 

TITLE II. 

OF PROCEEDINGS IN CRIMINAL CASES. 

Chapter 134. Of proceedings to prevent the commission of crimes. 748 
Chapter 133, Of the arrest and examination of offenders, commit- 
ment for trial, and taking bail 751 

Chapter 136, Of indictments and proceedings before trial 756 

Chapter 137, Of trials in criminal cases 760 

Chapter 138, Of appeals, new trials, and exceptions, in criminal 

cases 762 

Chapter 139, Of judgments in criminal cases, and the execution 

thereof, 765 

Chapter 140, Of coroners inquests 768 

Chapter 141. Of the taxation, allowance and payment of costs in 

criminal prosecutions 770 

Chapetr 142. General provisions concerning proceedings in crim- 
inal cases *. 773 

TITLE III. 

;> IMPRIBOSI^tENT FOR OFFENCES, AND THE GOVERNMENT AND 
DISCIPLINE OF PRISONS, 

< '1 ^xv ±-±o. Of detention and imprisonment in the county jail, or 

the house of correction, and the government and 
regulation of those prisons 777 

Chapter 144. Of the state prison, and the government and disci- 
pline thereof. 789 

Chapter 145. General provisions concerning imprisonment in crim- 
inal cases 798 

Chapter 146. Of the repeal of the Statutes herein revised and con- 
solidated 800 

An act to amend the Revised Statutes, and supply certain omissions 

therein 803 

An act to repeal expressly all the acts which are consolidated in the 

Revised Statutes 813 

Index 835 



CONSTITUTION 



OF 



THE UNITED STATES 



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 
ofBcers, and of impeachment. 

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

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

5. Membership. — Quorum. — Adjournments 
—Rules. — Power to punish or expel.— 
Journal. — Time of adjournments limited, 
unless, (fcc. 

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, &c. — Bill 
not returned in ten days. — Provision as 
to all orders, &c. except, &c. 

8. Powers of congress. 

9. Provision as to migration or importation 
of certain persons.— Habeas corpus. — 
Bills of attainder, &c. — Taxes, how ap- 
portioned. — No export duty. — No com- 
mercial preferences. — No money drawn 
from treasury, unless, &c. — No titular no- 
bility. — Officers not to receive presents, 
unless, &c. 

1 



Section 
10. States proliibited from the exercise of 
certain powers. 

ARTICLE II. 

Section 

1. President, liis term of office. — Electors of 
president, number, and how appointed. — 
Electors to vote on same day. — Qualifi- 
cation of president.— On whom his duties 
devolve in case of his removal, death,&c. 
^President's compensation. — His oath. 

2. President to be commander in chief. — 
He may require opinion of, &c. and may 
pardon. — Treaty making power. — Nom- 
ination of certain officers. — When presi- 
dent may fill vacancies. 

3. Presideiit shall commimicate to congress 
— He may convene and adjourn con- 
gress, in case, &c. ; shall receive am- 
bassadors ; execute laws, and commis- 
sion 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.— 
Appellate. — Trial by jury, except, &c. 
— Trial, where. 

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

ARTICLE IV. 

Section 

1. Each state to give credit to the public 
acts, &,c. of every other. 

2. Privileges of citizens of each state. — Fu- 



CONSTITUTION OF THE UNITED STATES. 



Section 

gitives 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. RepubliccUi form of government guaran- 
tied. — ^Each state to be protected. 

ARTICLE V. 

Constitution, how amended. — Proviso. 

ARTICLE VI. 

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

ARTICLE VII. 

What ratification shall establish constitution. 

AMENDMENTS. 

Article 

L Religious establishment prohibited.. — 



Article 

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, 
luiless, &c. 

4. Right of search and seizure regulated. 

5. Provisions concernmg prosecution, trial 
and punishment. — Private property, not 
to be taken for public use, without, &c. 

6. Further provisions respecting criminal 
prosecutions. 

7. Right of trial by jury secured. 

8. Excessive bail or fines and cruel pun- 
ishments, prohibited. 

9. Rule of construction. 

10. Same subject. 

11. Same subject. 

12. Manner of choosing president Euid vice- 
president. 



Preamble. WE, the people of the United States, in order to lorm a more 

perfect union, establish justice, insure domestic tranquillity, provide 
for the common defence, promote the general welfare, and secure 
the blessings of liberty to ourselves and our posterity, do ordain and 
establish this Constitution for the United States of Ame- 
rica. 



Legislative 
powers, in 
whom vested. 



ARTICLE I. 

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



House of repre- 
sentatives, now 
and by whom 
chosen. 



Qualifications 
of a representa- 
tive. 



Representatives 
ana direct tax- 
es, how appor- 
tioned. 



Sect. 2. The house of representatives shall be composed of mem- 
bers chosen every second year, by the people of the several 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 twenty-five years, and been seven years a citizen of the 
United States, and who shall not, when elected, be an inhabitant of 
that state in which he shall be chosen. 

Representatives and direct taxes shall be apportioned among the 
several states, which may 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 bound to ser- 
vice for a term of years, and excluding Indians not taxed, three fifths 



CONSTITUTION OF THE UNITED STATES. 3 

of all other persons. The actual enumeration shall be made within Census 
three years after the first meeting of the congress of the United States, 
and within every subsequent term of ten years, in such manner as they 
shall by law direct. The number of representatives shall not exceed 
one for every thirty thousand ; but each state shall have at least one 
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 Plantations one, Connecticut 
five, New York six. New Jersey four, Pennsylvania eight, Dela- 
ware one, Maryland six, Virginia ten. North Carolina five, South 
CaroHna five, and Georgia three. 

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

The house of representatives shall choose their speaker and other Power of choos- 

officers ; and shall have the sole power of impeachment. of impeach- 

ment.' 

Sect. 3. The senate of the United States shall be composed of Senators, how 

r iii-i 1^,.. ^^^ ^y whom 

two senators irom each state, chosen by the legislature thereof, for six chosen, 
years ; and each senator shall have one vote. 

Immediately after they shall be assembled, in consequence of the How classified, 
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 year ; of the second class,' at the 
expiration of the fourth year ; and of the third class, at the expiration 
of the sixth year ; so that one third may be chosen every second 
year ; and if vacancies happen, by resignation or otherwise, during State executive 

1 rii'i c 1 .If'" make tempo- 

tne recess or the legislature ot any state, the executive thereof may rary appoint- 
make temporary appointments, until the next meeting of the legisla- ^^^'^'^^^^> 
ture, which shall then fill such vacancies. 

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

The vice president of the United States shall be president of the President of 
senate, but shall have no vote, unless they be equally divided. right to vo'te. 

The senate shall choose their other officers, and also a president President pro 
pro tempore, in the absence of the vice president, or when he shall oX-errof sen- 
exercise the office of president of the United States. ate, how chosen. 

The senate shall have the sole power to try all impeachments : when Power to try 
sitting for that purpose they shall be on oath or affirmation. When 'T^^^*^ "'^"'^' 

1 • 1 /• 1 TT • 'i r-. When president 

the president ot the United States is tried, the chief justice shall !« '"-.'ed, chief 

justice to pre 
side. 



CONSTITUTION OF THE UNITED STATES. 



Sentence. 



preside ; and no person shall be convicted without the concurrence 
of two thirds of the members present. 

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



Times, &c. of 
holding elec- 
tions, now pre- 
scribed. 



One session in 
each year. 



Membership. 

Quorum. 
Adjournments. 



Rules. Power 
to punish or 
expel. 



Journal. 



Time of ad- 
journment lim- 
ited, unless, &c, 



Sect. 4. The times, places and manner of holding elections for 
senators and representatives, shall be prescribed in each state by the 
legislature thereof ; but the congress may at any time, by law, make 
or alter such regulations, except as to the places of choosing senators. 

The congress shall assemble at least once in every year, and such 
meeting shall be on the first Monday in December, unless they shall 
by law appoint a different day. 

Sect. S». Each house shall be the judge of the elections, returns 
and qualifications of its own members, and a majority of each shall 
constitute a quorum to do business ; but a smaller number may ad- 
journ from day to day, and may be authorized to compel the attend- 
ance of absent members, in such manner, and under such penalties, 
as each house may provide. 

Each house may determine the rules of its proceedings, and pun- 
ish its members for disorderly behavior, and, with the concurrence 
of two thirds, expel a member. 

Each house shall keep a journal of its proceedings, and from time 
to time pubHsh 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 
consent of the other, adjourn for more than three days, nor to any 
other place than that in which the two houses shall be sitting. 



Compensation, 



Privileges. 



Sect. 6. The senators and representatives shall receive a com- 
pensation for their services, to be ascertained by law, and paid out 
of the treasury of the United States. They shall in all cases, ex- 
cept treason, felony, and breach of the peace, be privileged from ar- 
rest during their attendance at the session of their respective houses, 
and in going to, and returning from the same ; and for any speech 
or debate in either house, they shall not be questioned in any other 
place. 



CONSTITUTION OF THE UNITED STATES. 5 

No senator or representative shall, during the time for which he Disqualification 

. - in C6rtcun c&s€S« 

was elected, be appointed to any civil office under the authority ot 
the United States, which shall have been created, or the emolu- 
ments whereof shall have been increased during such time ; and no 
person holding any office under the United States, shall be a member 
of either house during his continuance in office. 

Sect. 7. All bills for raising revenue, shall originate in the House to origi- 

° nate all revenue 

house of representatives ; but the senate may propose or concur bills. 
with amendments, as on other bills. 

Every 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 Veto. 
not, he shall return it, with his objections, to that house in which it 
shall have originated, who shall enter the objections at large on their 
iournal, and proceed to reconsider it. If after such recor^ideration, Bill may oe 

I • r I 1 -ii • 1 11 1 passed by two 

two thirds of that house shall agree to pass the bill, it shall be sent, to- thirds of each 
gether with the objections, to the other house, by which it shall like- standing, &c. 
wise 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 by yeas 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 bill shall not be returned by the president Bill not returned 
within ten days (Sundays excepted) after it shall have been present- 
ed to him, the same shall be a law, in like manner as if he had signed 
it, unless the congress, by their adjournment, prevent its return, in 
which case it shall not be a law. 

Every order, resolution or vote, to which the concurrence of the Provision as to 

, , ~ . , , all orders, &c. 

senate and house ot representatives may be necessary, (except on a except, &c. 
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 by 
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 Powers of con- 
taxes, duties, imposts and excises ; to pay the debts, and provide for 
the common defence and general welfare, of the United States ; but 
all duties, imposts and excises shall be uniform throughout the Unit- 
ed 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 



6 CONSTITUTION OF THE UNITED STATES. 

Powers of con- naturalization, and uniform laws on the subject of bankruptcies 
^^^*" throughout the United States : — To coin money, regulate the value 

thereof, and of foreign coin, and to fix the standard of weights and 
' measures : — To provide for the punishment of counterfeiting the se- 
curities and current coin 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 their 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 : — To provide for calling forth the mili- 
tia to execute the laws of the union, suppress insurrections, and repel 
invasions : — To provide for organizing, arming and disciplining the 
militia, and for governing such part of them as may be employed in 
the service of the United States, reserving to the states, respectively, 
the appointment of the officers, and the authority of training the mili- 
tia, according to the discipline prescribed by congress : — To exer- 
cise 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 gov- 
ernment of the United States ; and to exercise like authority over all 
places purchased by consent of the legislature of the state in which 
the same shall be, for the erection of forts, magazines, arsenals, dock 
yards, and other needful buildings : and to make all laws which shall 
be necessary and proper for carrying into execution the foregoing 
powers, and all other powers vested by this constitution in the gov- 
ernment of the United States, or in any department or officer 
thereof. 



Provision as to 



Sect. 9. The migration or importation of such persons, as any of 
migrauon or ^^^ states now existing shall think proper to admit, shall not be pro- 

unportation of " '■ '■ i • i i j j 

certain persons, hibited by the congress, prior to the year one thousand eight hundred 
and eight ; but a tax or duty may be imposed on such importation, 
not exceeding ten dollars for each person. 

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



CONSTITUTION OF THE UNITED STATES. 7 

No bill of attainder, or ex post facto law, shall be passed. ^ Bills of attain- 

No capitation, or other direct tax, shall be laid, unless in propor- Ta^es.how 

' . J , . apportioned. 

tion to the census or enumeration, herein before directed to be taken. 

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 re- '^j.°fg°™^f*^'^ 
venue, to the ports of one state over those of another ; nor shall ves- 
sels 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 ^^J^^^^ 
appropriations made by law ; and a regular statement and account of treasury, unless, 
the receipts and expenditures of all public money shall be published 
from time to time. 

No title of nobility shall be granted by the United States ; and no No t'tular nobi- 
person holding any office of profit or trust under them, shall, without Officers, not to 

If receive pres- 

the consent of the congress, accept of any present, emolument, of- cuts, unless, &c 

fice, or title, of any kind whatever, from any king, prince, or foreign 

state. 

Sect. 10. No state shall enter into any treaty, alliance, or confed- ed^from^'tTe'ex- 
eration ; grant letters of marque and reprisal ; coin money; emit ^^<='*^ "^ <=®'"t^'° 
bills of credit ; make any thing but gold and silver coin a tender in 
payment of debts ; pass any bill of attainder, ex post facto law, or law 
impairing the obligation of contracts ; or grant any title of nobility. 
No state shall, without the consent of the congress, lay any imposts 
or duties on imports or exports, except what may be absolutely ne- 
cessary 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 will not 
admit of delay. 



ARTICLE II. 

Sect. 1. The executive power shall be vested in a President President and 

of the United States of America. He shall hold his office during Thefr Lm"!)?*' 

the term of four years ; and together with the vice president, cho- °^^^' 

sen for the same term, be elected as follows : 

Each state shall appoint, in such manner as the legislature thereof Electors of pre- 
sident and 



8 CONSTITUTION OF THE UNITED STATES. 

vice-president, may direct, a number of electors, equal to the whole number of sen- 
number, -^ 
and how ap- ators and representatives to which the state may be entitled m the 

pointed. 

congress : Jout no senator or representative, or person holding an of- 
fice of trust or profit under the United States, shall be appointed an 
elector. 
xTw'^Si- ["The electors shall meet in their respective states, and vote by bal- 
aCTap°h *'"^^^'^" ^°^ ^^^ ^^° persons, of whom one at least, shall not be an inhabitant 
of the same state with themselves : and they 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 sen- 
ate and house of representatives, open all the certificates, and the 
votes shall then be counted. The person having the greatest num- 
ber 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 majority, 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 ta- 
ken by states, the representation from each state having one vote ; a 
quorum for this purpose shall consist of a member or members from 
two thirds of the states, and a majority of all the states shall be ne- 
cessary to a choice. In every case, after the choice of the presi- 
dent, the person having the greatest number of votes of the electors, 
shall be the vice president. But if there should remain two or more 
who have equal votes, the senate shall choose from them, by ballot, 
the vice president.] 
Electors to vote The congress may determine the time of choosing the electors, 
on same ay. ^^^ ^^^ ^^^ ^^ which they shall give their votes ; which day shall be 

the same throughout the United States. 
Qualifications ^0 person, exccpt a natural born citizen, or a citizen of the Unit- 
of president. g^ States, at the time of the adoption of this constitution, shall be 
eligible to the oflSce of president ; neither shall any person be eligi- 
ble 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. 
On whom his In case of the removal of the president from office, or of his death, 

voiveincase resignation, or inability to discharge the powers and duties of the said 
death "^fcc!^ ' office, the same shall devolve on the vice president ; and the con- 
gress may by law provide for the case of removal, death, resignation 
or inability, both of the president and vice president, declaring what 



CONSTITUTION OF THE UNITED STATES. 9 

officer shall then act as president, and such officer shall act accord- 
ingly, until the disability be removed, or a president shall be elected. 

The president shall, at stated times, receive for his services, a President's 
compensation, which shall neither be increased nor diminished during compensation. 
the period for which he shall have been elected ; and he shall not re- 
ceive, within that period, any other emolument from the United States, 
or any of them. 

Before he enter on the execution of his office, he shall take the 
following oath or affirmation : 

"I do solemnly swear (or affirm,) that I will faithfully execute the His oath, 
office of president of the United States, and will, to the best of my 
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, chiT'"''^*'' '° 
when called into the actual service of the United States. He mav u 

Kji.i*i,v,c.. j.j.v^ "'"J Hemayrequire 

require the opinion, in writing, of the principal officer in each of the op'"io" of, &c. 

■^ _ * ^ ^ ■* '■ cind may par- 

executive departments, upon any subject relating to the duties of their <i°»- 
respective offices, and he shall have power to grant reprieves and 
pardons for offences against the United States, except in cases of 
impeachment. 

He shall have power, by and with the advice and consent of the Treaty making 
senate, to make treaties, provided two thirds of the senators present p°^^'^'^" 
concur ; and he shall nominate, and, by and with the advice and con- Nomination of 
sent of the senate, shall appoint ambassadors, other public ministers *^®'''^'" officers. 
and consuls, judges of the supreme court, and all other officers of the 
United States, whose appointments are not herein otherwise provid- 
ed for, and which shall be established by law : but the congress may 
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 
departments. 

The president shall have power to fill up all vacancies that may when president 
happen during the recess of the senate, by granting commissions which Sel ^'' ^^'^^"' 
shall expire at the end of their next session. 

Sect. 3. He shall from time to time give to the congress infor- President shall 
mation of the state of the Union, and recommend to their considera- coIlX^'^^'*^ ^° 
tion such measures as he shall judge necessary and expedient ; he He may con- 
may, on extraordinary occasions, convene both houses, or either of j^o'uni Congress 
them, and in case of disagreement between them, with respect to the '° *^*^^' ^'^' 
time of adjournment, he may adjourn them to such time as he shall 



10 



CONSTITUTION OF THE UNITED STATES. 



Shall receive think proper ; he shall receive ambassadors and other public minis- 
e^cutrfaws' ters ; he shall take care ttjat the laws be faithfully executed, and shall 
ierT'"'''''*" commission all the officers of the United States. 

All civil offices Sect. 4. The president, vice president, and all civil officers of 
cenain1:r°mes. the United States shall be removed from office on impeachment for, 
and conviction of treason, bribery, or other high crimes and misde- 
meanors. 



ARTICLE III. 

Judicial power. Sect. 1. The judicial power of the United States, shall be vest- 
ed in one supreme court, and in such inferior courts as the congress 

Tenure. may, from time to time, order and establish. The judges, both of 

the supreme and inferior courts, shall hold their offices during good 

Compensation, behavior, and shall, at stated times, receive for their services, a com- 
pensation, which shall not be diminished during their continuance in 
office. 



Judicial power, 
to what cases it 
extends. 



See amendment 
XI. 



Oriffiiial juris- 
diction of su- 
preme court. 

Appellate. 



Trial by jury, 
except, &.C. 

Tried, where. 



Sect. 2. The judicial power shall extend to all cases, in law 
and equity, arising under this constitution, the laws of the United 
States, and treaties made, or which shall be made, under their autho- 
rity; to all cases affecting ambassadors, other public ministers and 
consuls ; to all cases of admiralty and maritime jurisdiction ; to con- 
troversies to which the United States shall be a party ; to controver- 
sies between two or more states, [between a state and citizens of an- 
other state,] between citizens of different states, between citizens of 
the same state claiming lands under grants of different states, and be- 
tween a state, or the citizens thereof, and foreign states, citizens or 
subjects. 

In all cases affecting ambassadors, other public ministers and con- 
suls, and those in which a state shall be a party, the supreme court shall 
have original jurisdiction. In all the other cases before mentioned, 
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 may by 
law have directed. 



CONSTITUTION OF THE UNITED STATES. IX 

Sect. 3. Treason against the United States shall consist only in Treason defin- 
levying war against them, or in adhering to their enemies, giving them 
aid and comfort. No person shall be convicted of treason, unless on Proof of. 
the testimony of two witnesses to the same overt act, or on confes- 
sion in open court. 

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



ARTICLE IV. 

Sect. 1. Full faith and credit shall be given in each state to the Each state to 
public acts, records, and judicial proceedings of every other state : ^e public ac°ts, 
and the congress may, by general laws, prescribe the manner in which ^her°^^^^^^ 
such acts, records and proceedings, shall be proved, and the effect 
thereof. 

Sect. 2. The citizens of each state shall be entitled to all privi- Privileges of 

..... citizens of each 

leges and immunities oi citizens in the several states. state. 

A person charged in any state with treason, felony, or other Fugitives from 
crime, who shall flee from justice, and be found in another state, Uveredup. 
shall, on demand of the executive authority of the state from which 
he fled, be delivered up, to be removed to the state having jurisdic- 
tion of the crime. 

No person held to service or labor in one state, under the laws Persons held to 

, - . . 1 1 II • r 1 service, having 

thereof, escaping into another, shall in consequence ol any law or escaped, to be 
regulation therein, be discharged from such service or labor; but '^'^^'^^ "P" 
shall be delivered up, on claim of the party to whom such service or 
labor may be due. 

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

The congress shall have power to dispose of, and make all needful Power of con- 

"^ _ * ^ '■ ^ gress over tern- 

rules and regulations, respecting the territory or other property be- tory and other 

property, 

longing to the United States ; and nothing 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 Republican 

^ •' term of govem- 

Union a republican form of government ; and shall protect each of mentguaran- 



12 



CONSTITUTION OF THE UNITED STATES. 



Each state to them against invasion ; and, on application of the legislature, or of the 
executive, (when the legislature cannot be convened) against domestic 
violetice. 

ARTICLE V. 



Constitution, 
how amended. 



Proviso. 



The congress, whenever two thirds of both houses shall deem it 
necessary, 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, 
when ratified by the legislatures of three fourths of the several states, 
or by conventions in three fourths thereof, as the one or the other 
mode of ratification maybe proposed by the congress; provided, that 
no amendments, 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, with- 
out its consent, shall be deprived of its equal suffrage in the senate. 



ARTICLE VL 



Certain debts, 
&c. adopted. 



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



Oath to support 
constitution, 
by wliom taken. 



No relig-ious 
test. 



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

This constitution, and the laws of the United States which shall 
be made in pursuance thereof, and all treaties made, or which shall 
be made, under the authority of the United States, shall be the 
supreme law of the land; and the judges in every state shall be 
bound thereby, any thing in the constitution or laws of any state to 
the contrary notwithstanding. 

The senators and representatives before mentioned, and the mem- 
bers of the several state legislatures, and all executive and judicial 
officers, both of the United States and of the several states, shall be 
bound by oath or affirmation, to support this constitution; but no 
religious test shall ever be required as a quahfication to any office or 
public trust under the United States. 



ARTICLE VIL 

What ratifica- The ratification of the conventions of nine states shall be sufficient 

tion shall estab- - , , ,. , - , . . . , , .^ . 

lish constitution. lor the estabhshment oi this constitution, between the states so ratilying 
the same. 



CONSTITUTION OF THE UNITED STATES. 13 

ARTICLES, 

In addition to^ and amendment of, the constitution of the United 
States, ratified by the legislatures of the several states, pursuant to 
the fifth article of the original constitution. 



I. Congress shall make no law respecting an establishment of Religious estab- 
religion, or prohibiting the free exercise thereof; or abridging the hibited. 
freedom of speech, or of the press ; or the right of the people peace- speech -"of the 
ably to assemble, and to petition the government for a redress of fo^^petuion/'^^* 
grievances. 

II. A well regulated militia being necessary to the security of a i^'s'i' to keep 

" o ./ ^ j^jjjj i^gg^j. arms. 

free state, the right of the people, to keep and bear arms shall not be 
infringed. 

III. No soldier shall, in time of peace, be quartered in any house, No soldier to be 
without the consent of the owner, nor in time of war, but in a manner any'^iwuse"un- 
to be prescribed by law. ^''^' '^' 

IV. The right of the people to be secure in their persons, Riffht of search 

. I rr • 1 1 1 1 • ^"3 seizure reg- 

houses, papers and eiiects, agamst unreasonable searches and seizures, uiated. 
shall riot be violated ; and no warrants shall issue, but upon probable 
cause, supported by oath or affirmation, and particularly describing 
the place to be searched, and the persons or things to be seized. 

V. No person shall be held to answer for a capital or otherwise Provisions con- 

. ~ • 1 • T 1 1 cerniiiff prose- 

mfamous crime, unless on a presentment or mdictment by a grand cations, trial 

• ••.111 1 r • .u and punishment. 

jury, except m cases arising m the Jand or naval lorces, or in the ^ 
militia when in actual service in time of war or public danger ; nor 
shall any person be subject for the same offence to be twice put in 
jeopardy of life or limb ; nor shall be compelled in any criminal case 
to be a witness against himself, nor be deprived of life, liberty or private prop- 
property, without due process of law; nor shall private property be taken"for public 
taken for public use, without just compensation. ^^' ^'^1'°"*/ 

VI. In all criminal prosecutions, the accused shall enjoy the right Further provi- 

, 1 1 !• • 1 1 • • 1 • r 1 IK s'""^ respecting 

to a speedy and public trial, by an impartial jury ot the state and dis- criminal prose- 
trict, wherein the crime shall have been committed, which district 
shall have been previously ascertained by law, and to be informed of 
the nature and cause of the accusation ; to be confronted with the 



14 



CONSTITUTION OF THE UNITED STATES. 



witnesses against him; to have compulsory process for obtaining 
witnesses in his favor ; and to have the assistance of counsel for his 
defence. 



Right of trial by 
jury secured. 



VII. In suits at common law, where the value in controversy 
shall exceed twenty dollars, the right of trial by jury shall be pre- 
served, and no fact, tried by a jury, shall be otherwise re-examined, 
in any court of the United States, than according to the rules of 
the common law. 



Excessive bail 
or fines and 
cruel punish- 
ments, prohibit- 
ed. 

Rule of con- 
struction. 



Same subject. 



Scune subject. 



Manner of 
choosinff presi- 
dent and vice 
president. 



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

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

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

XI. The judicial power of the United States shall not be con- 
strued to extend to any suit in law or equity, commenced or prose- 
cuted against one of the United States by citizens of another state, 
or by citizens or subjects of any foreign state. 

XII. The electors shall meet in their respective states, and vote 
by ballot for president and vice president, one of whom, at least, 
shall not be an inhabitant of the same state with themselves ; they 
shall name in their ballots the person voted for as president, and in 
distinct ballots the person voted for as vice president ; and they shall 
make distinct lists of all persons voted for as president, and of all per- 
sons voted for as vice president, and of the number of votes for 
each ; which lists they shall sign and certify, and transmit sealed to 
the seat of the government of the United States, directed to the pre- 
sident of the senate ; — the president of the senate shall, in the pre- 
sence of the senate and house of representatives, open all the certifi- 
cates, 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 majority, then, from the persons having 
the highest numbers, not exceeding three, on the list of those voted 
for as president, the house of representatives shall choose immediate- 
ly, by ballot, the president ; but in choosing the president, the votes 
shall be taken by states, the representation from each state having 



CONSTITUTION OF THE UNITED STATES. 15 

one vote ; a quorum for this purpose shall consist of a member or 
members from two thirds of the states, and a majority of all the 
states shall be necessary to a choice ; and if the house of representa- 
tives shall not choose a president, whenever the right of choice shall 
devolve upon them, before the fourth day of March then next fol- 
lowing, then the vice president shall act as president, as in case of 
the death or other constitutional disability of the president. 

The person having the greatest number of votes as vice president game subject, 
shall be the vice president, if such number be a majority of the 
whole number of electors appointed ; and if no person have a major- 
ity, llien, from the two highest numbers on the list, the senate shall 
choose the vice president ; a quorum for that purpose shall consist 
of two thirds of the whole number of senators, and a majority of the 
whole number shall be necessary to a choice. 

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



CONSTITUTION 



FORM OF GOVERNMENT 



eommonUiea^lt)) oc M^^^^^tcmttn^ 



PREAMBLE. 

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

PART THE FIRST. 

Art. 1. Equality and natural rights of all 
men. 

2. Right and duty of public religious 

worship— Protection therein. 

3. Legislature empowered to compel 

provision for public worship ; and 
to enjoin attendance thereon — 
Exclusive right of electing re- 
ligious teachers secured — Option, 
as to whom parochial taxes may 
be paid, unless, &c — All de- 
nominations equally protected— 
Subordination of one sect to an- 
other, prohibited. 

4. Right of self-government secured. 

5. Accoiuitability of all officers, &c. 

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 pre- 

scribed, equally eligible to office. 



Art. 10. Right of protection and duty of 
contribution, correlative — Taxa- 
tion, founded on consent — Pri- 
vate property not to be taken for 
public uses, without, &c. 
Remedies, by recourse to the law, 
to be free, complete and prompt. 
Prosecutions regulated — Right to 
trial by jury in criminal cases, 
except, &c. 

13. Crimes to be proved in the vicinity. 

14. Right of search and seizure, regu- 
lated. 

15. Right to trial by jury sacred, ex- 
cept, &c. 

16. Liberty of die press. 

17. Right to keep and liear arms- 
Standing armies dangerous — Mi 
litar}' power, subordinate to civil. 

Moral qualifications for office — 
Moral obligations of law givers 
and magistrates. 

Right of people to instruct repre- 
sentatives and petition legislature. 

Power to suspend the laws, or their 
execution. — When and by whom 
exercised. 

Freedom of debate, &c., and rea- 
son thereof. 

Frequent sessions, and objects 
thereof. 



11. 



12, 



18 



19. 



20. 



21. 



m^' 



CONSTITUTION OF MASSACHUSETTS. 



17 



Art.23. Taxation founded on consent. 

24. Ex post facto laws, prohibited. 

25. Legislature not to convict of trea- 

son, &c. 

26. Excessive bail or fines, and cruel 

punishments, prohibited. 

27. No soldier to be quartered in any 

house, unless, &c. 

28. Citizens exempt from law-maxtial, 

unless, &c. 

29. Judges of supreme judicial court- 

Tenure of their office — SaJaries. 

30. Separation of executive, judicial, 

and legislative departments. 

PART THE SECOND. 

CHAPTER I. 

Section 1. 

Art. 1. Legislative department. 

2. Governor's veto — Bill may be pass- 

ed by two tliirds of each house, 
. notwithstanding. 

3. General court may constitute ju- 

dicatories, courts of record, &c. — 
Courts, &c., may administer 
oaths. 

4. General court may enact laws, 

&c. ; not repugnant to the con- 
stitution ; may provide for the 
election or appointment of offi- 
cers ; prescribe their duties ; im- 
pose taxes; duties and excises, 
to be disposed of for defence, 
protection, fec-^Valuation of es- 
tates, once in ten years, at least, 
while, &c. 

Section 2. 
Art. 1. Senate, number of, and by whom 
elected — Counties to be districts 
until, (fee. 

2. Manner and time of choosing sena- 

tors and counsellors — Word " in- 
habitant," defined — Selectmen to 
preside at town meetings — Re- 
turn of votes— Inhabitants of im- 
incorporated plantations, who 
pay state taxes, may vote — 
Plcmtation meetings— Assessors 
to notify, &c. 

3. Governor Eind council to examine 

Emd count votes and issue sum- 
monses. 
4 Senate to be final judges of elec- 
tions, &c., of its own mem- 
bers — Vacancies how filled. 

5. Qualifications of a senator. 

6. Senate not to adjourn more than 

two days. 



Art. 7, Shall choose its officers and estab- 
lish its rules. 

8. Shall try all impeachments— Oaths 

—Limitation of sentence. 

9. Quorum. 

Section 3. 
Art. 1. Representation of the people. 

2. Representatives by whom chosen — 

Proviso as to towns, having less 
than 150 ratable polls — Towns 
liable to fine, in case, &c. — Ex- 
pense 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 thaji two days. 

9. Quorum. 

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

n. Governor and council may punish 
— General limitations— TriaJ may 
be by committee, or otherwise. 

CHAPTER II. 
Section 1. 

Art. 1. Governor — His title. 

2. To be chosen annually — Qualifica 

tions, 

3. To be chosen by the people, by a 

major vote — How chosen, when 
no person has a majority. 

4. Power of governor, and of govern 

or ajid council. 

5. Same subject. 

6. Governor and council may adjourn 

general court, in cases, &,c., but 
not exceeding ninety' days. 

7. Governor to be commander in 

chief — Limitation. 

8. Governor and coimcil may pardon 

offences, except, &c.— But not 
before conviction. 

9. All judicial officers, &c., how 

nominated and appointed. 
10. Militia officers, how elected— -How 
commissioned — Major generals, 
how appointed and commission- 
ed — Vacancies, how filled, in 
case, &c — Officers, duly com- 
missioned, how removed — Adju- 
tants, &c., how appointed— Or- 
ganization of Militia 



^m- 



]8 



CONSTITUTION OF MASSACHUSETTS. 



Art. 11. Money how drawn from tlie treasu- 
ry, except, (fcc. 

12. All public boaj-ds, &c., to make 

quarterly returns. 

13. Salary of governor — Salaries of 

justices of supreme judicial court 
— Salaries to be enlarged, if in- 
sufficient. 

Section 2. 
Art. 1. Lieutenant governor ; his title and 
qualifications— How chosen. 

2. President of coiuicll — Lieut, gov- 

ernor a member of, except, &c. 

3. Lieutenant governor to be acting 

governor, in case. 



Section 3. 
Art. 1. Council. 

2. Number; from whom and how 

chosen — If senators become coim- 
sellors their seats to be vacated. 

3. Rank of comisellors. 

4. No district to have more tlian two. 

5. Register of council. 

6. Council to exercise the power of 

governor, in case, &c. 

7. Elections may be adjourned, vmtil, 

&c.— Order thereof 

Section 4. 

Art. 1. Secretary, &c., by whom and how 

chosen — Treasurer, ineligible for 

more than five successive years 

2. Secretary to keep records, to attend 

the governor and council, &c. 

CHAPTER in. 
Art. 1. Tenure of all commissioned offi- 
cers to be expressed. Judicial 
officers, to hold office during good 
behavior, except, &c. — But may 
be removed on address. 

2. Justices of supreme judicial court 

to give opinions, when required. 

3. Justices of the peace ; tenure of 

their office. 

4. Provisions for holding probate 

courts. 

5. Provisions for determining causes 

of marriage, divorce, &c. 

CHAPTER IV. 

Delegates to congress. 

CHAPTER V. 

Section 1. 
Art. 1. Harvard college— Powers, privi- 
leges, &c., of the president and 
fellows, confirmed. 

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

3. Who shall be overseers — Power of 



Art. 1. 



alteration, reserved to the legis- 
^ lature. 

Section 2. 
Duty of legislators and magistrates 
in all future periods. 

CHAPTER VI. 

Art. 1. Oaths, &c. 

2. Plurality of offices, prohibited to 
governor, &c., except, &c. — In- 
compatible offices — Brlber3', &c., 
operate disqualifications. 
3. Value of money ascertained — 
Property qualifications may be 
increased. 

4. Provisions respecting commissions. 

5. Provisions respecting writs. 

6. Continuation of former laws, ex- 
cept, &c. 

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

8. The enacting style. 

9. Officers of former government con 
tinued until, &c. 

10. Provision for revising constitution. 

11. Provision for preserving and pub- 
lishing this constitution. 

AMENDMENTS. 

Bill, &c., not approved within five 
days, not to become a law, if leg- 
islature adjourn in the mean time. 

2. General court empowered to char- 
ter cities — Proviso. 

3. Qualifications of voters for govern- 
or, lieutenant governor, senators 
and representatives. 

4. Notaries public how appointed and 
removed — Vacancies in the office 
of secretary and treasurer, how 
filled, in case, &c. — Commissary 
general may be appointed, in 
case, (fee. — Militia officers how 
removed. 

5. Who may vote for captains and 
subalterns. 

6. Oath to be taken by all officers ; or 
affirmation in case, &c. 

7. Tests abolished. 

8. Incompatibility of offices. 

9. Amendments to constitution, how 
made. 

10. Commencement of political year ; 
cmd termination — Meetings for 
choice of governor, lieutenant 
governor, &c., when to be held— 
May be adjourned — Article, when 
to go into operation — Inconsist- 
ent provisions, annulled. 

11. Religious freedom established. 



%^ 



CONSTITUTION OF MASSACHUSETTS. 19 

PREAMBLE. 

The end of the institution, maintenance and administration of go- objects of go- 
vernment, is to secure the existence of the body politic ; to protect ^*"'"'"®°* 
it ; and to furnish the individuals who compose it, with the power of 
enjoying in safety and tranquillity, their natural rights and the bless- 
ings of life : and whenever these great objects are not obtained, the 
people have a right to alter the government, and to take measures 
necessary for their safety, prosperity and happiness. 

The body politic is formed by a voluntary association of indivi- Bodypoiitic, 

"^ ^ _ "^ _ ^ how formed. 

duals ; it is a social compact, by which the whole people covenants j^^ nature. 

\vith each citizen, and each citizen with the whole people, that all 

shall be governed by certain laws for the common good. It is the 

duty of the people, therefore, in framing a constitution of government, 

to provide for an equitable mode of making laws, as well as for an 

impartial interpretation, and a faithful execution of them ; that every 

man may, at all times, find his security in them. 

We, therefore, the people of Massachusetts, acknowledging, with 
grateful hearts, the goodness of the great legislator of the universe, in 
affording us, in the course of his providence, an opportunity, deliber- 
ately 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 
posterity ; and devoutly imploring his direction in so interesting a de- 
sign, do agree upon, ordain and establish, the following Declaration 
of Rights, and Frame of Government, as the CONSTITUTION 
of the COMMONWEALTH of MASSACHUSETTS. 



PART THE FIRST. 

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

Art. I. All men are born free and equal, and have certain natu- Equality and 
ral, essential, and unalienable rights ; among which may be reckoned all men "^ ^ 
the right of enjoying and defending their lives and liberties ; that of 
acquiring, possessing, and protecting property ; in fine, that of seek- 
ing and obtaining their safety and happiness. 



20 CONSTITUTION OF MASSACHUSETTS. 

Right and duty !!• It is the right as well as the duty of all men in society, pub- 
^oustorshipr licly, and at stated seasons, to worship the SUPREME BEING, 
Protection jj^g great creator and preserver of the universe. And no subject shall 
be hurt, molested, or restrained, in his person, liberty, or estate, for 
worshipping GOD in the manner and season most agreeable to the 
dictates of his own conscience ; or for his religious profession or sen- 
timents ; provided he doth not disturb the public peace, or obstruct 
others in their religious worship. 

See amend- HI. As the happiness of a people, and the good order and pre- 

ments, rt. . ggpy^j-jQu of civil government, essentially depend upon piety, religion 
and morality ; and as these cannot be generally diffused through a com- 
munity, but by the institution of the public worship of GOD, and of 
Le^slature em- public instructions in piety, rehgion and morality : Therefore, to pro- 
compel provi- mote their happiness, and to secure the good order and preservation of 
worsiio^- ''"'''"' ^^^^^ government, the people of this Commonwealth have a right to 
invest their legislature with power to authorize and require, and the 
legislature shall, from time to time, authorize and require, the several 
towns, parishes, precincts, and other bodies politic, or religious soci- 
eties, to make suitable provision, at their own expense, for the insti- 
tution of the public worship of GOD, and for the support and main- 
tenance of public protestant teachers of piety, religion and morality, 
in all cases where such provision shall not be made voluntarily, 
and to enjoin at- And the people of this Commonwealth have also a right to, and do, 
on° See amend- invcst their legislature with authority to enjoin upon all the subjects an 
ments, rt. . 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- 
gious^Vacliers'' cincts, and other bodies politic, or religious societies, shall, at all times, 
secured. have the exclusive right of electing their public teachers, and of con- 

tracting with them for their support and maintenance. 
Option as to And all monies, paid by the subject to the support of public wor- 

taxermavbe^' ^^^'P' ^"^ °^ ^^^^ public tcachers aforesaid, shall, if he require it, be 
paid, unless, uniformly applied to the support of the public teacher or teachers of 
his own religious sect or denomination, provided there be any on whose 
instructions he attends : otherwise it may be paid towards the support 
See amend- ^^ ^j- ^j^g teacher or teachers of the parish or precinct in which the said 

monies are raised. 
All denomina- And every denomination of christians, demeaning themselves 

protected!""^ peaceably, and as good subjects of the Commonwealth, shall be 
Subordination equally Under the protection of the law ; and no subordination of any 
ano'ther^proWb- One sect or denomination lo another shall ever be established by law. 

ited. 



«• 



CONSTITUTION OF MASSACHUSETTS. 21. 

IV. The people of this Commonwealth have the sole and ex- Rightof seif- 

,..,/. . , , [. . 1 • 1 government se- 

clusive right oi governing themselves, as a iree, sovereign, and inde- cured. 
pendent state ; and do, and forever hereafter shall, exercise and en- 
joy every power, jurisdiction, and right, which is not, or may not 
hereafter, be by them expressly delegated to the United States of 
America, in congress assembled. 

V. All power residing originally in the people, and being; de- Accountability 

, ij <~ ^ J ^ rr c of all officers, 

rived from them, the several magistrates and officers of government, &c 
vested with authority, whether legislative, executive, or judicial, are 
their substitutes and agents, and are at all times accountable to them. 

VI. No man, nor corporation, or association of men, have any Services ren- 

. ^ , . ' •' dared to the 

other title to obtain advantages, or pai'ticular and exclusive privileges, public being 

j..« , (-1^ •] I • r 1 the only title to 

distinct irom those oi the community, than what arises irom the con- peculiar priviie- 
sideration of services rendered to the public; and this title being in fffices^are'^ab^ 
nature neither hereditary, nor transmissible to children, or descen- ^"^^ ^^ unnat- 
dants, or relations by blood, the idea of a man being born a magis- 
trate, lawgiver, or judge, is absurd and unnatural. 

VII. Government is instituted for the common good ; for the Objects of go v- 

P . , , . ™ , , ernment : riffht 

protection, satety, prosperity and happiness oi the people ', and not of people to in- 
fer the profit, honor, or private interest of any one man, family, or chan^eM 
class of men : Therefore the people alone have an incontestible, un- 
alienable, and indefeasible right to institute government ; and to re- 
form, alter, or totally change the same, when their protection, safety, 
prosperity and happiness require it. 

VIII. In order to prevent those, who are vested with authority. Right of people 
from becoming oppressors, the people have a right, at such periods tiM'^iiT'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 up vacant places by certain and regular elections and appointments. 

IX. All elections ought to be free ; and all the inhabitants of ah, having the 
this Commonwealth, having such qualifications as they shall establish prescribed"^ 
by their frame of government, have an equal right to elect officers, to office ^^'^'''^^ 
and to be elected, for public employments. 

X. Each individual of the society has a right to be protected by Right of protec- 
it in the enjoyment of his life, liberty and property, according to contributfonf ° 
standing laws. He is obliged, consequently, to contribute his share '^""e'^^v^- 



22 



CONSTITUTION OF MASSACHUSETTS. 



to the expense of this protection ; to give his personal service, or 

an equivalent, when necessary : but no part of the property of any 

Taxation, foun- individual, can, with justice, be taken from him or applied to public 

ded on consent. . , , . i r i • i ^ r 

uses without his own consent, or that ot the representative body ot 

the people. In fine, the people of this Commonwealth are not con- 

trolable by any other laws, than those to which their constitutional 

Private proper- representative body have given their consent. And whenever the 

ty not to be ta- ^ . . . • i- • i i i i i 

ken for public public exigencies require that the property oi any individual should 
&c.' ' be appropriated to public uses, he shall receive a reasonable com- 

pensation therefor. 

Remedies, by XI. EvERY subjcct of the Commonwealth ought to find a cer- 

recourse to the . i i i • ^ > i i c m • • • 

law, to be free, tain remedy, by having recourse to the laws, tor all injuries or wrongs 
pr^pt'*^ ^"'^ which he may receive in his person, property or character. He 
ought to obtain right and justice freely, and without being obliged to 
purchase it ; completely, and without any denial ; promptly and with- 
out delay ; conformably to the laws. 



Prosecutions 
regulated. 



Right to trial by 
jury, in criminal 
cases, except, 
&c. 



XII. No subject shall be held to answer for any crimes or offence, 
until the same is fully and plainly, substantially and formally, des- 
cribed to him ; or be compelled to accuse, or furnish evidence 
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 by himself, or 
his counsel at his election : and no subject shall be arrested, impris- 
oned, despoiled, or deprived of his property, immunities, or privi- 
leges, put out of the protection of the law, exiled, or deprived of 
his life, liberty, or estate ; but by the judgment of his peers, or the 
law of the land. 

Ajsd the legislature shall not make any law that shall subject any 
person to a capital or infamous punishment, excepting for the gov- 
ernment of the army and navy, without trial by jury. 



Crimes to be XIII. In Criminal prosecutions, the verification of facts in the 

vicinity.'" *^ vicinity where they happen, is one of the greatest securities of the 
life, Hberty, and property of the citizen. 



Right of search 
£ma seizure, 
regulated. 



XIV. Every subject has a right to be secure from all unreason- 
able searches and seizures of his person, his houses, his papers, and 
all his possessions. All warrants, therefore, are contrary to this 
right, if the cause or foundation of them be not previously supported 
by oath or affirmation ; and if the order in the warrant to a civil 



CONSTITUTION OF MASSACHUSETTS. 23 

officer, to make seai'ch 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 Right to trial by 
between two or more persons, except in cases in which it has here- i;ept,^&c^ ' 
tofore been otherways used and practised, the parties have a right to 
a trial by jury ; and this method of procedure shall be held sacred, 
unless, in causes arising on the high seas, and such as relate to mar- 
iners' wages, the legislature shall hereafter find it necessary to alter it. 

XVI. The liberty of the press is essential to the security of Liberty of the 
freedom in a state : it ought not, therefore, to be restrained in this 
Commonwealth. 

XVII. The people have a right to keep and to bear arms for Riffht to keep 
the common defence : and, as in time of peace, armies are dangerous stand?n^ ar- 
to liberty, they ought not to be maintained without the consent of "^gf' Milfarj 
the legislature ; and the military power shall always be held in an ex- P^^^" subordi- 
act subordination to the civil authority, and be governed by it. 

XVIII. A FREQUENT recurrence to the fundamental principles Moral quaiifica- 

i, , . . 1 ,, , ^ . . tions for office. 

ot the constitution, and a constant adherence to those ot piety, jus- 
tice, moderation, temperance, industry, and frugality, are absolutely 
necessary to preserve the advantages of liberty, and to maintain a free 
government. The people ought, consequently, to have a particular 
attention to all those principles, in the choice of their officers and re- flloral obliga- 
presentativcs : and they have a right to require of their lawgivers erTand mamZ' 
and magistrates, an exact and constant observance of them, in the for- *'^^*^^' 
mation and execution of the laws necessary for the good administra- 
of the Commonwealth. 



XIX. The people have a right, in an orderly and peaceable man- Right of people 
ner, to assemble to consult upon the common good ; give instructions present^rves'^" 
to their representatives ; and to request of the legislative body, by ^°s*ia?ur"^'"" '^' 
the way of addresses, petitions, or remonstrances, redress of the 

wrongs done them, and of the grievances they suffer. 

XX. The power of suspending the laws, or the execution of the Powertosus- 
laws, ought never to be exercised but by the legislature, or by autho- or their execu- 
rity derived from it, to be exercised in such particular cases only as 

the legislature shall expressly provide for. 



24 CONSTITUTION OF MASSACHUSETTS. 

Freedom of de- XXI. The freedom of deliberation, speech and debate, in either 

bate, &,C. , and , r ^ t • \ • 'i I'l r ^ 1 

reason thereof, house 01 the legislature, IS SO essential to the rights oi the people, 
that it cannot be the foundation of any accusation or prosecution, ac- 
tion or complaint, in any other court or place whatsoever. 

Frequent ses- XXII. The legislature Ought frequently to assemble for the re- 
jects' thereof. ' dress of grievances, for correcting, strengthening, and confirming the 
laws, and for making new laws, as the common good may require. 

Taxation XXIII. No subsidy, charge, tax, impost, or duties, ought to be 

founded on con- , ,. i , /. i , • i i • i • i 

sent. established, fixed, laid, or levied, under any pretext whatsoever, with- 

out the consent of the people, or their representatives in the legisla- 
ture. 

Ex post facto XXIV. Laws made to punish for actions done before the exist- 
ence of such laws, and which have not been declared crimes by pre- 
ceding laws, are unjust, oppressive, and inconsistent with the funda- 
mental principles of a free government. 

Legislature not XXV. No subject ought, in any case, or in any time, to be de- 
treason, &c. clared guilty of treason or felony by the legislature. 

Excessive bail XXVI. No magistrate or court of law shall demand excessive 

or fines and . . • r • n- ^ i 

cruel punish- bail or Sureties, impose excessive fines, or inflict cruel or unusual 

ments, prohibit- . , 

ed. punishments. 

No soldier to XXVII. In time of peace, no soldier ought to be quartered in 

be quartered in c -i ^ • • c 

any house, un- any house without the consent of the owner ; and m time of war, such 

less ^^c 

' ' quarters ought not to be made but by the civil magistrate, in a manner 

ordained by the legislature. 

Citizens exempt XXVIII. No person Can in any case be subjected to law- 

from law-mar- . , . ... r i i 

tiai, unless &c. martial, or to any penalties or pains, by virtue ot that law, except 
those employed in the army or navy, and except the militia in actual 
service, but by authority of the legislature. 

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

preme judicial r ^•^ 

court. individual, his life, liberty, property and character, that there be an 

impartial interpretation of the laws, and administration of justice. It 
is the right of every citizen to be tried by judges as free, impartial 
and independent, as the lot of humanity will admit. It is therefore 
not only the best policy, but for the security of the rights of the peo- 

office!^^ ** * ^" pie, and of every citizen, that the judges of the supreme judicial 



CONSTITUTION OF MASSACHUSETTS. 25 

court should hold their offices as long as they behave themselves well ; 

and that they should have honorable salaries ascertained and establish- Salaries. 

ed by standing laws. 

XXX. In the government of this Commonwealth, the legislative Separation of 

, , ,, . , . ,.,.., executive, iudi- 

department shall never exercise the executive and judicial powers, or ciai andiegisia- 
either of them : the executive shall never exercise the legislative and ments*'^*'^ " 
judicial powers, or either of them : the judicial shall never exercise 
the legislative and executive powers, or either of them ; to the end 
it may be a government of laws and not of men. 



PART THE SECOND. 

The Frame of Government. 

The people, inhabiting the territory formerly called the Province 
of Massachusetts Bay, do hereby solemnly and mutually agree with 
each other, to form themselves into a free, sovereign, and independent 
body politic or state, by the name of THE COMMONWEALTH 
OF MASSACHUSETTS. ' ■ 

CHAPTER I. 

THE LEGISLATIVE POWER. 
SECTION I. 

The General Court. 

Art. I. The department of legislation shall be formed by two Legislative 
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 Wed- See amend- 

, . -fx , , , . / , „ • , "»ents, Art. X. 

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

II. No bill or resolve of the senate or house of representatives Governor's 
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, 

4 



26 



CONSTITUTION OF MASSACHUSETTS. 



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



fcee amend- 
ments, Art. I. 



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 writ- 
ing, 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 by 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 prevent unnecessary delays, if any bill or resolve 
shall not be returned by the governor, within five days after it shall 
have been presented, the same shall have the force of a law. 



General couit 
may constitute 
judicatories, 
courts of 
record, &c. 



Courts, &c., 
may administer 
oaths. 



III. The general court shall forever have full power and autho- 
rity to erect and constitute judicatories and courts of record, or other 
courts, to be held in the 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 concern- 
ing persons inhabiting, or residing, or brought within the same ; 
whether the same be criminal or civil, or whether the said crimes be 
capital or not capital, and whether the said pleas be real, personal, or 
mixt ; 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 affirm- 
ations, for the better discovery of truth in any matter in controversy, 
or depending before them. 



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

mayenac aws, gj.gj^^gjj jq jj^g ggj^ general court, from time to time, to make, ordain, 

and establish, all manner of wholesome and reasonable orders, laws, 

statutes, and ordinances, directions and instructions, either with penal- 

uot repugnant tics Or without ; SO as the same be not repugnant or contrary to this 

tionj "^ constitution, as they shall judge to be for the good and welfare of this 

Commonwealth, and for the government and ordering tliereof, and of 

the subjects of the same, and for the necessary support and defence 



CONSTITUTION OF MASSACHUSETTS. 27 

of the eovernment thereof : and to name and settle annually, or pro- ""y provide for 

° ' _ .... ''"3 election or 

vide by fixed laws, for the namins; and settling; all civil officers within appointment of 

. so officers • 

the said Commonwealth, the election and constitution of whom are 

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

to set forth the several duties, powers and limits, of the several civil prescribe their 

and military officers of this Commonwealth, and the forms of such 

oaths or affirmations as shall be respectively administered unto them 

for the execution of their several offices and places, so as the same impose taxes j 

be not repugnant or contrary to this constitution ; and to impose and 

levy proportional and reasonable assessments, rates, and taxes, upon 

all the inhabitants of, and persons resident, and estates lying, within 

the said Commonwealth ; and also to impose, and levy reasonable du- duties and 

6XC1S6S ' 

ties and excises, upon any produce, goods, wares, merchandize, and 
commodities whatsoever, brought into, produced, manufactured, or 
being within the same ; to be issued and disposed of by warrant, un- *° ^^ disposed 

^ ^ •' ' of for detence, 

der the hand of the governor of this Commonwealth for the time protection, &c. 
being, with the advice and consent of the council, for the public ser- 
vice, in the necessary defence and support of the government of the 
said Commonwealth, and the protection and preservation of the sub- 
jects thereof, according to such acts as are or shall be in force within 
the same. 

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



CHAPTER I. 

SECTION II. 

Senate. 



Art. I. There shall be annually elected, by the freeholders senate, number 
and other inhabitants of this Commonwealth, qualified as in this con- ^^q*^ ejected 
stitution is provided, forty persons to be coiinsellors and senators, for 
the year ensuing their election ; to be chosen by the inhabitants of 
the districts, into which the Commonwealth may from time to time 
be divided by the general court for that purpose : and the general 
court, in assigning the numbers to be elected by the respective dis- 



28 



CONSTITUTION OF MASSACHUSETTS. 



Counties to be 
districts until, 
&c 



tricts, shall govern themselves by the proportion of the public taxes 
paid by the said districts ; and timely make known, to the inhabitants 
of the Commonwealth, the limits of each district, and the number of 
counsellors and senators to be chosen therein ; provided, that the 
number of such districts shall never be less than thirteen ; and that 
no district be so large as to entitle the same to choose more than 
six senators. 

And the several counties in this Commonwealth shall, until the 
general court shall determine it necessary to alter the said districts, 
be districts for the choice of counsellors and senators, (except that 
the counties of Dukes county and Nantucket shall form one district 
for that purpose) and shall elect the following number for counsellors 
and senators, viz : 



Suffolk 

Essex 

Middlesex 

Hampshire 

Plymouth 

Barnstable 

Bristol 



six 

six 

five 

four 

three 

one 

three 



York 


two 


Dukes county and ) 
Nantucket S 


one 


Worcester 


five 


Cumberland 


one 


Lincoln 


one 


Berkshire 


two 



Manner and 
time of choos- 
ing senators and 
counsellors. 

Sec amend- 
ments, art. II. 
£ind X. 



See amend- 
ments, art. III. 



Word " mliabi- 
tant" defined. 



Selectmen to 
preside at town 
meetings. 



11. 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 Monday in April annually, forever, of the 
inhabitants of each town in the several counties of this Common- 
wealth, to be called by the selectmen, and warned in due course of 
law, at least seven days before the first Monday in April, for the 
purpose of electing persons to be senators and counsellors ; and at 
such meetings every male inhabitant of twenty one years of age and 
upwards, having a freehold estate, vv^ithin 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 con- 
cerning 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. 

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 quahfied to vote for senators, and shall sort and 
count them in open town meeting, and in presence of the town clerk, 



CONSTITUTION OF MASSACHUSETTS. 29 

who shall make a fair record, in presence of the selectmen, and in Return of votes. 
open town meeting, of the name of every person voted for, and of 
the number of votes against his name ; and a fair copy of this record 
shall be attested by the selectmen and the town clerk, and shall be 
sealed up, directed to the secretary of the Commonwealth for the 
time being, with a superscription, expressing the purport of the con- 
tents thereof, and delivered by the town clerk of such towns, to the See amend- 
sherifFof the county in which such town lies, thirty days at least be- andx. 
fore the last Wednesday in May annually ; or it shall be delivered 
into the secretary's office seventeen days at least before the said last 
Wednesday in May ; and the sheriff of each county shall deliver all 
such rertiucates, by him received, into the secretary's office, seven- 
teen days before the said last Wednesday in May. 

And the inhabitants of plantations unincorporated, qualified as this inhabitants of 

. , , 1 11 1 1 1 • 1 unincorporated 

constitution provides, who are or shall be empowered and required plantations, 
to assess taxes upon themselves toward the support of government, J^xes''nmyvo^te. 
shall have the same privilege of voting for counsellors and senators, 
in the plantations where they reside, as town inhabitants have in their 
respective towns ; and the plantation meetings for that purpose shall Plantation 
be held annually on the same first Monday in April, at such place in ggg amend- 
the plantations respectively, as the assessors thereof shall dji-ect ; "'"^"^^' ^'''■■^' 
which assessors shall have like authority for notifying the electors, Assessors to 
collecting and returning the votes, as the selectmen and town clerks ' 
have in their several towns, by this constitution. And all other per- 
sons living in places unincorporated, (qualified as aforesaid) who shall 
be assessed to the support of government by the assessors of an adja- 
cent town, shall have the privilege of giving in their votes for coun- 
sellors and senators, in the town where they shall be assessed, and be 
notified of the place of meeting by the selectmen of the town where 
they shall be assessed, for that purpose, accordingly. 

III. And that there may be a due convention of senators on the Governor and 
last Wednesday in May annually, the governor, with five of the amine and ^^" 
council, for the time being, shall, as soon as may be, examine the ,^sue' summras^ 
returned copies of such records ; and fourteen days before the said ^''■ 
day, he shall issue his summons to such persons as shall appear to be ments™Art."x. 
chosen by a majority of voters, to attend on that day, and take their 
seats accordingly : provided, nevertheless, that for the first year, the 
said returned copies shall be examined by the president and five of 
the council of the former constitution of government ; and the said 
president shall, in like manner, issue his summons to the persons so 
elected, that they may take their seats as aforesaid. 



80 



CONSTITUTION OF MASSACHUSETTS. 



Senate to be 
final judge of 
elections, &c. 
of their own 
members. 

See amend- 
ments. Art. X. 



Vacancies, how 
filled. 



IV. The senate shall be the final judge of the elections, returns, 
and qualifications of their own members, as pointed out in the consti- 
tution ; and shall, on the said last Wednesday in May annually, de- 
termine and declare who are elected by each district, to be senators, 
by a majority of votes : and in case there shall not appear to be the 
full number of senators returned elected by a majority of votes for 
any district, the deficiency shall be supphed in the following manner, 
viz : The members of the house of representatives, and such sena- 
tors as shall be declared elected, shall take the names of such persons 
as shall be found to have the highest number of votes in such district, 
and not elected, amounting to twice the number of senators wanting, 
if there be so many voted for ; and, out of these, shall elect by ballot 
a number of senators sufficient to fill up the vacancies in such dis- 
trict ; and in this manner all such vacancies shall be filled up in every 
district of the Commonwealth ; and in like manner all vacancies in 
the senate, arising by death, removal out of the state, or otherwise, 
shall be supplied as soon as may be after such vacancies shall happen. 



Qualifications 
of a senator. 



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



Senate not to VI. The senate shall have power to adjourn themselves, pro- 

adiourn more . , , , t -i i . i ^ ^• 

than two days, vidcd such adjournments do not exceed two days at a time. 



Shall choose its VII. The Senate shall choose its own president, appoint its 

officers, and . . i /• ^• 

establish its own officers, and determine its own rules ot proceeding. 

rules. 



Shall try all 
impeachments. 



Oath. 



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



CONSTITUTION OF MASSACHUSETTS. 31 

or enjoy any place of honor, trust, or profit, under this Common- ^™g„Je°° °^ 
wealth : but the party, so convicted, shall be, nevertheless, hable to 
indictment, trial, judgment and punishment, according to the laws of 
the land. 

IX. Not less than sixteen members of the senate shall consti- Quorum, 
tute a quorum for doing business. 



CHAPTER I. 

SECTION III. 

House of Representatives. 



Article I. There shall be, in the Legislature of this Com- Representation 

. ~ , 1 11 1 °f *'^® people. 

monwealth, a representation of the people, annually elected, and 
founded upon the principle of equality. 

II. And in order to provide for a representation of the citizens Representa- 
of this Commonwealth founded upon the principle of equality, every chosen. 
corporate town, containing one hundred and fifty ratable polls, may 
elect one representative ; every corporate town, containing three 
hundred and seventy five ratable polls, may elect two representatives; 
every corporate town, containing six hundred ratable polls, may elect 
three representatives ; and proceeding in that manner, making two 
hundred and twenty five ratable polls the mean increasing number 
for every additional representative. 

Provided, nevertheless, that each town now incorporated, not Proviso as to 
having one hundred and fifty ratable polls, may elect one representa- less"!^'^^!? 
live ; but no place shall hereafter be incorporated with the privilege '^^'^^^^ P° ^■ 
of electing a representative, unless there are within the same one 
hundred and fifty ratable polls. 

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

The expenses of travelling to the general assembly, and returning Expense of 

1 ■ • 1 1 11 1 • 1 I 1 travelling- to 

home, once in every session, and no more, shall be paid by the gov- and from the 
emment, out of the public treasury, to every member who shall attend low paid?""^ ' 
as seasonably as he can in the judgment of the house, and does not 
depart without leave. 



32 



CONSTITUTION OF MASSACHUSETTS. 



Qualifications 
of a representa- 
tive. 



III. Every member of the house of representatives shall be 
chosen by written votes ; and, for one year at least next preceding 
his election, shall have been an inhabitant of, and have been seized 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. 



Qualifications 
of a voter. 



See amend- 
ments, Art. III. 



IV. Every male person, being twenty one years of age, and 
resident in any particular town in this Commonwealth, for the space 
of one year 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. 



Representa- V. The members of the house of representatives shall be chosen 

tives, when _ ^ 

chosen. annually in the month of May, ten days at least before the last Wed- 

See amend- i /• i i 

ment, Art. X. ncsday oi that month. 



House alone 
can impeach. 



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



House to orig-- VII. All money bills shall originate in the house of represen- 

inate all money . . 

bills. tatives ; but the senate may propose or concur with amendments, as 

on other bills. 

Not to adjourn VIII. The housc of representatives shall have power to ad- 
more than two . • i i i • in 
days. journ tliemsclves ; provided such adjournment shall not exceed two 

days at a time. 

Quorum. IX. NoT less than sixty members of the house of representa- 

tives shall constitute a quorum for doing business; 



House to judge 
of returns, &c. 
of its own mem- 
bers ; 
To choose its 



X. The house of representatives shall be 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 of- 

t^feh^^rJes ficers, and settle the rules and orders of proceeding in their own 

Ma" unish for ^ouse. They shall have authority to punish by imprisonment, every 

certain offences, 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 



CONSTITUTION OF MASSACHUSETTS. 38 

its sitting, shall threaten harm to the body or estate of any of its mem- 
bers, for any thing said or done in the house ; or who shall assault 
any of them therefor ; or who shall assault, or arrest, any witness, or 
other person ordered to attend the house, in his way in going, or re- 
turning ; or who shall rescue any person arrested by the order of the 
house. 

And no member of the house of representatives shall be arrested, Privileges of 

,,,,., , . , . . • c- members. 

or held to bail on mean process, during his going unto, returning irom, 
or his attending, the general assembly. 

XI. The senate shall have the same powers in the like cases ; Governor and 
and the governor and council shall have the same authority to pun- p^sh. "^"^ 
ish in like cases : provided, that no imprisonment, on the warrant or 
'Order of the governor, council, senate, or house of representatives. General limita- 
for either of the above described offences, be for a term exceeding 
thirty days. 

And the senate and house of representatives may try, and deter- Trial may be by 

1, 1 , . . , , . ., , , committee, or 

mine, ail cases where their rights and privileges are concerned, and otherwise, 
which, by the constitution, they have authority to try and determine, 
by committees of their own members, or in such other way as they 
may respectively think best. 



CHAPTER II. 

EXECUTIVE POWER. 
SECTION I. 

Governor. 



Art. I. There shall be a supreme executive magistrate, who coveraor. 
shall be styled, THE GOVERNOR OF THE COMMON- His title. 
WEALTH OF MASSACHUSETTS ; and whose title shall 
be— HIS EXCELLENCY. 

II. The governor shall be chosen annually ; and no person shall to be chosen 
be eligible to this office, unless, at the time of his election, he shall Quaiifi'/ations 
have been an inhabitant of this Commonwealth for seven years next 
preceding ; and unless he shall, at the same time, be seized, in his 
own right, of a freehold within the Commonwealth, of the value of 
one thousand pounds ; and unless he shall declare himself to be of see amend- 
the christian religion. '"^"*^' ^- v^- 



34 



CONSTITUTION OF MASSACHUSETTS. 



maj 
votes. 

See amend- 
ments, Art. II. 
&X. 



By whom chos- HI. Those persons, who shall be qualified to vote for senators 
majority of^^ ^ ^^^ representatives, within the several towns of this Commonwealth, 
shall, at a meeting, to be called for that purpose, on the first Monday 
of April annually, give in their votes for a governor, to the selectmen, 
who shall preside at such meetings ; and the town clerk, in the pre- 
sence and with the assistance of the selectmen, shall, in open town 
meeting, sort and count the votes, and form a list of the persons voted 
for, with the 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 
declaration thereof in the said meeting ; and shall, in the presence of 
the inhabitants, seal up copies of the said list, attested by him and 
the selectmen, and transmit the same to the sheriff of the county, 
thirty days at least before the last Wednesday in May ; and the sheriff 
shall transmit the same to the secretary's office seventeen days at least 
before the said last Wednesday in May ; or the selectmen may cause 
returns of the same to be made to the office of the secretary of the 
Commonwealth seventeen days at least before the said day ; and the 
secretary shall lay the same before the senate and the house of repre- 
sentatives, on the last Wednesday in May, to be by them examined; 
and in case of an election by a majority of all the votes retux-ned, the 
choice shall be by them declared and published ; but if no person 

when no person i n i . . ^ , , ^ • i n i 

has amEyority. shalL iiave a majority of votes, the house of representatives shall, by 
ballot, elect two out of four persons, who had the highest 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 senate of the two per- 
sons so elected ; on which, the senate shall proceed, by ballot, to 
elect one, who shall be declared governor. 



How chosen, 



Power of g-ov- 
emor, and of 
governor eind 
council. 



IV. The governor shall have authority, from time to time, at his 
discretion, to assemble and call together the counsellors of this Com- 
monwealth for the time being ; and the governor, with the said coun- 
sellors, or five of them at least, shall, and may, from time to time, 
hold and keep a council, for the ordering and directing the affairs of 
the Commonwealth, agreeably to the constitution and the laws of the 
land. 



Same subject. V. The Governor, with advice of council, shall have full power and 
authority, during the session of the general court, to adjourn or prorogue 
the same to any time the two houses shall desire ; and to dissolve the 
same on the day next preceding the last Wednesday in May ; and, 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 



See amend- 
meuts,Art. X 



CONSTITUTION OF MASSACHUSETTS. 35 

than the time to which it may be adjourned or prorogued, if the wel- 
fare of the Commonwealth shall require the same ; and in case of any 
infectious distemper prevailing in the place where the said court is 
next at any tune to convene, or any other cause happening, whereby 
danger may arise to the health or lives of the members from their at- 
tendance, he may direct the session to be held at some other the most 
convenient place within the state. 

I And the governor shall dissolve the said general court on the day See amend- 
next preceding the last Wednesday in May. > • • 

VI. In cases of disagreement between the two houses, with re- Governor and 

^ _ • r • council may ad- 

gard to the necessity, expediency or time of adjournment, or proro- joum general 
gation, the governor, with advice of the council, shall have a right to &c., but not ' 
adjourn or prorogue the general court, not exceeding ninety days, as dayl! '°^ 
he shall determine the public good shall require. 

VII. The governor of this Commonwealth, for the time being, Governor to be 
shall be the commander in chief of the army and navy, and of all the chief, 
military forces of the state, by sea and land ; and shall have full power, 

by himself, or by any commander, or other officer or officers, from 
time to time, to train, instruct, exercise and govern the militia and 
navy ; and, for the special defence and safety of the Commonwealth, 
to assemble in martial array, and put in warlike posture, the inhabi- 
tants thereof, and to lead and conduct them, and with them, to en- 
counter, repel, resist, expel and pursue, by force of arms, as well by 
sea as by land, within or without the limits of this Commonwealth, and 
also to kill, slay and destroy, if necessary, and conquer, by all fitting 
ways, enterprizes and means whatsoever, all and every such person 
and persons as shall, at any time hereafter, in a hostile manner, at- 
tempt or enterprize the destruction, invasion, detriment, or annoyance 
of this Commonwealth ; and to use and exercise, over the army and 
navy, and over the militia in actual service, the law martial, in time of 
war or invasion, and also in time of rebellion, declared by the legis- 
lature to exist, as occasion shall necessarily require ; and to take and 
surprize by all ways and means whatsoever, all and every such person 
or persons, with their ships, arms, ammunition and other goods, as 
shall in a hostile manner, invade, or attempt the invading, conquering, 
or annoying this Commonwealth ; and that the governor be intrusted 
with all these and other powers, incident to the offices of captain 
general and commander in chief, and admiral, to be exercised agree- 
ably to the rules and regulations of the constitution, and the laws of 
the land, and not otherwise. 



36 

Limitation. 



CONSTITUTION OF MASSACHUSETTS. 

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



Governor and VIII. The power of pardoning offences, except such as persons 

council may '■ r a ' i i 

pardon offen- may be convictcd of before the senate, by an impeachment of the 
house, shall be in the governor, by and with the advice of council ; 

But not before but no charter of pardon, granted by the governor, with advice of the 
council, before conviction, shall avail the party pleading the same, not- 
withstanding any general or particular expressions contained therein, 
descriptive of the offence, or offences intended to be pardoned. 

All judicial offi- IX. All judicial officers, the attorney general, the solicitor 

nominated ^d general, all sheriffs, coroners, and registers of probate, shall be 

appointed. nominated and appointed by the governor, by and with the advice and 

consent of the council ; and every such nomination shall be made by 

the governor, and made at least seven days prior to such appointment. 



Militia officers, 
how elected. 
See sunend- 
ments, Art. V. 



How commis- 
sioned. 



Major generals, 
how appointed 
and commis- 
sioned. 



Vacancies, how 
filled, in case, 
&c. 



X. The captams and subalterns of the militia shall be elected by 
the written votes of the train band and alarm list of their respective 
companies, of twenty one years of age and upwards ; the field officers 
of regiments shall be elected by the written votes of the captains 
and subalterns of their respective regiments ; the brigadiers shall be 
elected in like manner, by the field officers of their respective bri- 
gades ; and such officers, so elected, shall be commissioned by the 
governor, who shall determine their rank. 

The Legislature shall, by standing laws, direct the time and man- 
ner of convening the electors, and of collecting votes, and of certi- 
fying to the governor the officers elected. 

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

And if the electors of brigadiers, field ofiicers, captains or subal- 
terns, shall neglect or refuse to make such elections, after being, duly 
notified, according to the laws for the time being, then the governor, 
with advice of council, shall appoint suitable persons to fill such of- 
fices. 



CONSTITUTION OF MASSACHUSETTS. 37 

And no officer, duly commissioned to command in the militia shall officers, duly 
be removed from his office, but by the address of both houses to the howTemwed!' 
governor, or by fair trial in court martial, pursuant to the laws of the m^^t^'^Art ly 
Commonwealth for the time being. 

The commanding officers of regiments shall appoint their adjutants Adjutants, &c., 

1 1 1 • V 1 • 1 • 1 • 11 how appointed. 

and quarter masters ; the brigadiers their brigade majors ; and the ma- 
jor generals their aids ; and the governor shall appoint the adjutant 
general. 

The governor, with advice of council, shall appoint all officers of 
the continental army, whom by the confederation of the United States 
it is provided that this Commonwealth shall appoint, — as also all offi- 
cers of forts and garrisons. 

The divisions of the militia into brigades, regiments and compa- Orffanization of 
nies, made in pursuance of the militia laws now in force, shall be con- 
sidered as the proper divisions of tlie militia of this Commonwealth, 
until the same shall be altered in pursuance of some future law. 

XI. No monies shall be issued out of the treasury of this Com- Money, how 

,^, , T 1 /. / , , . , drawn from the 

monwealth and disposed ol (except such sums as may be appropriated treasury, ex- 
for the redemption of bills of credit or treasurer's notes, or for the *'^^'' ^' 
payment of interest arising thereon) but by warrant under the hand of 
the governor for the time being, with the advice and consent of the 
council, for the necessary defence and support of the Commonwealth ; 
and for the protection and preservation of the inhabitants thereof, 
agreeably to the acts and resolves of the general court. 

XII. All public boards, the commissary general, all superin- All public 
tending officers of public magazines and stores, belonging to this make quarterly 
Commonwealth, and all commanding officers of forts and garrisons 
within the same, shall, once in every three months, officially and 
without requisition, and at other times, when required by the gov- 
ernor, deliver to him an account of all goods, stores, provisions, am- 
munition, cannon with their appendages, and small arms with their 
accoutrements, and of all other public property whatever under their 
care respectively ; distinguishing the quantity, number, quality and 
kind of each, as particularly as may be ; together with the condition 
of such forts and garrisons ; and the said commanding officer shall 
exhibit to the governor, when required by him, true and exact plans 
of such forts, and of the land and sea, or harbor or harbors, adjacent. 

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



returns. 



38 CONSTITUTION OF MASSACHUSETTS. 



Salary of gov- XIII. As the public good requires that the governor should not 
be under the undue influence of any of the members of the general 
court, by a dependence on them for his support — that he should, in 
all cases, act with freedom for the benefit of the public — that he 
should not have his attention necessarily diverted from that object to 

J his private concerns — and that he should maintain the dignity of the 

Commonwealth in the character of its chief magistrate — it is neces- 
sary that he should have an honorable stated salary, of a fixed and 
permanent value, amply sufficient for those purposes, and established 
by standing laws : and it shall be among the first acts of the general 
court, after the commencement of this constitution, to establish such 
salary by law accordingly. 

Salaries of jus- PERMANENT and honorable salaries shall also be established by 

tices of supreme 1 r ^1 ' ^- ■ r ^1 • j- • 1 

judicial court, law lor the justices 01 the supreme judicial court. 
Salaries to be And if it shall be found, that any of the salaries aforesaid, so 
sufficf nt' ''^ '°" established, are insufficient, they shall, from time to time, be enlarged, 
as the general court shall judge proper. 



CHAPTER II. 

SECTION 11. 

Lieutenant Governor. 



Lieutenant gov- Art. I. There shall be annually elected a lieutenant governor 
and quaiifica- of the Commonwealth of Massachusetts, whose title shall be HIS 
tions. HONOR — and who shall be qualified, in point of religion, property, 

See amend- and residence in the Commonwealth, in the same manner with the 
Vl.°Mid X. 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 
How chosen, of a governor. The return of the votes for this officer, and the de- 
claration of his election, shall be in the same manner ; and if no one 
person shall be found to have a majority of all the votes returned, the 
vacancy shall be filled by the senate and house of representatives, in 
the same manner as the governor is to be elected, in case no one 
person shall have a majority of the votes of the people to be governor. 

President of jj^ The govemor, and in his absence the li-eutenant governor, 

council. . o ' 

Lt. governor a ^^^^^ ^e president of the council, but shall have no vote in council ; 
""^'T^fc °^' ^^' ^"^ ^^^ lieutenant governor shall always be a member of the council, 
except when the chair of the governor shall be vacant. 



CONSTITUTION OF MASSACHUSETTS. 39 

III. Whenever the chair of the governor shall be vacant, by Lt. governor to 
reason of his death, or absence from the Commonwealth, or other- g^o, hfcase," 
wise, the lieutenant governor, for the time being, shall, during such 
vacancy, perform all the duties incumbent upon the governor, and 
shall have and exercise all the powers and authorities, which by this 
constitution the governor is vested with, when personally present. 



CHAPTER II. 

SECTION III. 

Council, and the manner of settling elections by the Legislature. 

Art. I. There shall be a council for advising the governor in 
the executive part of the government, to consist of nine persons be- Council. 
sides the lieutenant governor, whom the governor for the time being, 
shall have full power and authority, from time to time, at his discre- 
tion, to assemble and call together ; and the governor, with the said 
counsellors, or five of them at least, shall and may, from time to 
time, hold and keep a council, for the ordering and directing the 
affairs of the Commonwealth, according to the laws of the land. 

II. Nine counsellors shall be annually chosen from among the Number; from 

•^ " whom and how 

persons returned for counsellors and senators, on the last Wednesday chosen. 
in May, by the joint ballot of the senators and representatives as- ments, Art. X 
sembled in one room ; and in case there shall not be found, upon the 
first choice, the whole number of nine persons who will accept a seat 
in the council, the deficiency shall be made up by the electors afore- 
said from among the people at large ; and the number of senators left 
shall constitute the senate for the year. The seats of the persons if senators be- 
thns elected from the senate, and accepting the trust, shall be vacated JoTthd^eat's 
in the senate. <» ^^ vacated. 

III. The counsellors, in the civil arrangements of the Common- Rank of coun- 
wealth, shall have rank next after the lieutenant governor. 

IV. Not more than two counsellors shall be chosen out of any No district to 

J* i • i r ^f /-( 11 have more than 

one district ot this Commonwealth. two. 

V. The resolutions and advice of the council shall be recorded Register of 
m a register, and signed by the members present ; and this record 



40 



CONSTITUTION OF MASSACHUSETTS. 



may be called for at any time by either house of the legislature ; and 
any member of the council may insert his opinion contrary to the re- 
solution of the majority. 



Council to exer- 
cise the power 
of governor, in 
case, ifec. 



VI. Whenever the office of the governor and lieutenant gov- 
ernor shall be vacant, by reason of death, absence, or otherwise, then 
the council, or the major part of them, shall, during such vacancy, 
have full power and authority, to do, and execute, all and every such 
acts, matters and things, as the governor or the lieutenant governor 
might or could, by virtue of this constitution, do or execute, if they, 
or either of them, were personally present. 



Elections may 
be adjourned, 
until, &c. 



Order thereof. 



VII. And whereas the elections appointed to be made by this 
constitution, on the last Wednesday in May annually, by the two 
houses of the legislature, may not be completed on that day, the said 
elections may be adjourned from day to day until the same shall be 
completed : And the order of elections shall be as follows ; the va- 
cancies in the senate, if any, shall first be filled up ; the governor and 
lieutenant governor shall then be elected, provided there should be no 
choice of them by the people ; and afterwards the two houses shall 
proceed to the election of the council. 



CHAPTER II 



SECTION IV. 



Secretary, &c. 
by whom and 
how chosen. 

See amend- 
ments, Art. IV. 



Treasurer, inel- 
igible for more 
tnaji five suc- 
cessive years. 



Secretary, Treasurer, Commissary, <^c. 

Art. I. The secretary, treasurer and receiver general, and the 
commissary general, notaries public, and naval officers, shall be cho- 
sen annually by joint ballot ot the senators and representatives in one 
room ; and, that the citizens of this Commonwealth maybe assured, 
from time to time, that the monies remaining in the public treasury, 
upon the settlement and liquidation of the public accounts, are their 
property, no man shall be eligible as treasurer and receiver general 
more than five years successively. 



Secretary to II. The rccords of the Commonwealth shall be kept in the of- 

to^ attend°ihe ' ficc of the secretary, who may appoint his deputies, for whose con- 
councii°&c. duct he shall be accountable, and he shall attend the governor and 



CONSTITUTION OF MASSACHUSETTS. 41 

council, the senate and house of representatives, in person, or by his 
deputies, as they shall respectively require. 



CHAPTER III 



JUDICIARY POWER. 



Art. I. The tenure, that all commission officers shall by law Tenure of all 
have in their offices, shall be expressed in their respective commis- officersTo be 
sions. All judicial officers, duly appointed, commissioned and sw^orn, judicfaf officers 
shall hold their offices during good behavior, excepting such concern- ^ '^°'*^ °*^d^b - 
ing whom there is different provision made in this constitution : pro- havior, except, 
vided, nevertheless, the governor, with consent of the council, may But maybe re- 
remove them upon the address of both houses of the legislature. drels'^ °" 

II. Each branch of the legislature, as well as the governor and justices of su- 
council, shall have authority to require the opinions of the justices of couri^to give^ 
the supreme judicial court, upon important questions of law, and up- required ""^^^ 
on solemn occasions. 

III. In order that the people may not suffer from the long con- Justices of the 
tinuance in place of any justice of the peace, who shall fail of dis- of Uieir office.^ 
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 years from their respective dates ; and, upon the 
expiration of any commission, the same may, if necessary, be renew- 
ed, or another person appointed, as shall most conduce to the well 
being of the Commonwealth. 

IV. The judges of probate of wills, and for grantine letters of P>"ovisioiis for 

!•• • iniiii- 11 , ,. holding- probate 

admmistration, shall hold their courts at such place or places, on fix- courts, 
ed days, as the convenience of the people shall require ; and the le- 
gislature shall from tmie 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 Provisions for 
from the judges of probate, shall be heard and determined by the go- cause™ of "ifar- 
vernor and council, until the legislature shall, by law, make other pro- ^^|'®' divorce 
vision. 



42 



CONSTITUTION OF MASSACHUSETTS. 



CHAPTER IV 



DELEGATES TO CONGRESS. 



Delegates to 
congress. 



The delegates of this Commonwealth to the congress of the Uni- 
ted States shall, sometime in the month of June annually, be elected 
by the joint ballot of the senate and house of representatives, assem- 
bled together in one room ; to serve in congress for one year, to 
commence on the first Monday in November then next ensuing. 
They shall have commissions under the hand of the governor, and 
the great seal of the Commonwealth ; but may be recalled at any time 
within the year, and others chosen and commissioned, in the same 
manner, in their stead. 



CHAPTER V. 

the university at CAMBRIDGE, AND ENCOURAGEMENT OF 

literature, &C. 

SECTION I. 



Harvard-Col- 
lege. 



Powers, privi- 
leges, (fee. of 
the president 
cind fellows 
confirmed. 



The University. 

Art. I. Whereas our wise and pious ancestors, so early as 
the year one thousand six hundred and thirty six, laid the foundation 
of Harvard College, in which university many persons of great emi- 
nence have, by the blessing of GOD, been initiated in those arts and 
sciences, which qualified them for public employments, both in church 
and state ; and whereas the encouragement of arts and sciences, and 
all good literature, tends to the honor of GOD, the advantage of the 
christian religion, and the great benefit of this, and the other United 
States of America — it is declared, that the PRESIDENT and 
FELLOWS OF HARVARD COLLEGE, in their corporate ca- 
pacity, and their successors in that capacity, their officers and ser- 
vants, shall have, hold, use, exercise and enjoy, all the powers, au- 
thorities, rights, liberties, privileges, immunities and franchises, which 
they now have, or are entitled to have, hold, use, exercise and en- 
joy ; and the same are hereby ratified and confirmed unto them, the 
said president and fellows of Harvard College, and to their succes- 
sors, and to their officers and servants, respectively, forever. 



CONSTITUTION OF MASSxVCHUSETTS. 48 

II. And whereas there have been, at sundry times, by divers 
persons, gifts, grants, devises of houses, lands, tenements, goods, 
chattels, legacies and conveyances, heretofore made, either to Har- 
vard College in Cambridge, in New England, or to the president and 
fellows of Harvai'd College, or to the said college, by some other 
description, under several charters successively ; it is declared, that All gifts, grants, 

,, , • T T 1 • 1 • 1 1 &c. confirmed. 

all the said gifts, grants, devises, legacies and conveyances, are here- 
by forever confirmed unto the president and fellows of Harvard Col- 
lege, and to their successors, in the capacity aforesaid, according to 
the true intent and meaning of the donor or donors, grantor or grant- 
ors, devisor or devisors. 

III. And whereas by an act of the general court of the colony 
of Massachusetts Bay, passed in the year one thousand six hundred 
and forty two, the governor and deputy governor, for the time being, 
and all the magistrates of that jurisdiction, were, with the president, 
and a number of the clergy in the said act described, constituted the 
overseers of Harvard College ; and it being necessary, in this new 
constitution of government, to ascertain who shall be deemed suc- 
cessors to the said governor, deputy governor, and magistrates ; it is 
declared, that the governor, lieutenant governor, council and senate 
of this. Commonwealth, are, and shall be deemed, their successors ; 

who, with the president of Harvard College, for the time being, to- Who shall be 
gether with the ministers of the congregational churches in the towns 
of Cambridge, Watertown, Charlestown, Boston, Roxbury, and 
Dorchester, mentioned in the said act, shall be, and hereby are, 
vested with all the powers and authority belonging, or in any way 
appertaining to the overseers of Harvard College ; provided, that Power of alter- 
nothing herein shall be construed to prevent the legislature of this fo'theledsk- 
Commonwealth from making such alterations in the government of *"'^^' 
the said university, as shall be conducive to its advantage, and the 
interest of the republic of letters, in as full a manner as might have 
been done by the legislature of the late province of the Massachu- 
setts Bay. 



CHAPTER V. 

SECTION II. 

The encouragement of Literature, «^c. 

Wisdom, and knowledge, as well as virtue, diffused generally 
among the body of the people, being necessary for the preservation 



44 CONSTITUTION OF MASSACHUSETTS. 

of their rights and Uberties ; and as these depend on spreading the 

opportunities and advantages of education in the various parts of the 

Duty of legisla- country, and among the different orders of the people, it shall be 

tures and mag- ^i-, i • • ^^ p •iz-i- 

istrates in all the duty of legislatures and magistrates, in all tuture periods ot this 
ure peno . QQ^j^Qj^^yg^jj^^ ^q cherish the interests of literature and the sciences, 
and all seminaries of them ; especially the university at Cambridge, 
public schools, and grammar schools in the towns ; to encourage pri- 
vate societies, and public institutions, rewards and immunities, for the 
promotion of agriculture, arts, sciences, commerce, trades, manufac- 
tures, and a natural history of the country ; to countenance and in- 
culcate the principles of humanity and general benevolence, public 
and private charity, industry and frugaUty, honesty and punctuality in 
their dealings ; sincerity, good humor, and all social affections, and 
generous sentiments among the people. 



CHAPTER VI. 

OATHS AND SUBSCRIPTIONS ; INCOMPATIBILITY OF AND EXCLU- 
SION FROM OFFICES ; PECUNIARY QUALIFICATIONS ; COMMIS- 
SIONS ; writs; CONFIRMATION OF LAWS ; HABEAS CORPUS; 
THE ENACTING STYLE ; CONTINUANCE OF OFFICERS ; PROVIS- 
ION FOR A FUTURE REVISAL OP THE CONSTITUTION, &C. 

Art. I. Any person chosen governor, lieutenant governor, 
counsellor, 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 : 
See amend- "I, A. B. do declare, that I believe the christian religion, and 

have a firm persuasion of its truth ; and that I am seized and pos- 
sessed, in my own right, of the property required by the constitu- 
tion, as one qualification for the office or place to which I am elected." 

And the governor, lieutenant governor, and counsellors, shall make 
and subscribe the said declaration, in the presence of the two houses 
of assembly ; and the senators and representatives, first elected un- 
der 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 afore- 
said, as also any person appointed or commissioned to any judicial, 
executive, military, or other office under the government, shall, be- 



ments, Art. VIL 



CONSTITUTION OF MASSACHUSETTS. 45 

fore he enters on the discharge of the business of his place or of- 
fice, take and subscribe the following declaration, and oaths or affir- 
mations, viz. — 

"I, A. B. do truly and sincerely acknowledge, profess, testify Seeamend- 
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 bear 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 I do renounce and 
abjure all allegiance, subjection and obedience to the king, queen or 
government of Great Britain, (as the case may be) and every other 
foreign power whatsoever ; and that no foreign prince, person, pre- 
late, state or potentate, hath or ought to have, any jurisdiction, su- 
periority, pre-eminence, authority, dispensing or other power, in any 
matter, civil, ecclesiastical or spiritual, within this Commonwealth ; 
except the authority and power which is or may be vested by their 
constituents in the congress of the United States ; and I do further 
testify and declare, that no man or body of men hath or can have any 
right to absolve or discharge me from the obligation of this oath, dec- 
laration or affirmation ; and that I do make this acknowledgment, 
profession, testimony, declaration, denial, renunciation and abjuration, 
heartily and truly, according to the common meaning and acceptation 
of the foregoing words, without any equivocation, mental evasion, or 
secret reservation whatsoever. So help me GOD." 

"I, A. B. do solemnly swear and affirm, that I will faithfully and 
impartially discharge and perform all the duties incumbent on me as 

; according to the best of my abil- 
ities and understanding, agreeably to the rules and regulations of the 
constitution, and the laws of the Commonwealth." " So help me 
GOD." 

Provided always, that when any person, chosen or appomted as 
aforesaid, shall be of the denomination of the people called Quakers, 
and shall decline taking the said oaths, he shall make his affirmation 
in the foregoing form, and subscribe the same, omitting the words 
"/f?o sioear,^'' ^^ and abjure,'^ ^^ oath or, ^^ '■'■and abjuration,^' in 
the first oath ; and in the second oath, the words " sivear and ;" and 
in each of them the words " So help me GOD ;" subjoining instead 
thereof, " This I do under the pains and penalties of perjury.''' 

And the said oaths or affirmations shall be taken and subscribed 
by the governor, lieutenant governor, and counsellors, before the 
president of the senate, in the presence of the two houses of assem- 
bly ; and by the senators and representatives first elected under this 



46 



CONSTITUTION OF MASSACHUSETTS. 



constitution, before the president and five of the council of the for- 
mer constitution ; and forever afterwards before the governor and 
council for the time being ; and by the residue of the officers afore- 
said, before such persons, and in such manner, as from time to time 
shall be prescribed by the legislature. 



PluraJity of ofS- 
ees, prohibited 
to governor, 
&c. except, &c. 



Same subject. 



Incompatable 
ofBces. 

See amend- 
ments, Art. 
VIII. 



Same subject. 



Bribery, &e. 
operates dis- 
qualification. 



II. No governor, lieutenant governor, or judge of the supreme 
judicial court, shall hold any other office or place, under the authori- 
ty of this Commonwealth, except such as by this constitution they 
are admitted to hold, saving that the judges of the said court may 
hold the offices of justices of the peace through the state ; nor shall 
they hold any other place or office, or receive any pension or salary 
from any other state or government or power whatever. 

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

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

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

And no person shall ever be admitted to hold a seat in the legisla- 
ture, or any office of trust or importance under the government of 
this Commonwealth, who shall, in the due course of law, have been 
convicted of bribery or corruption, in obtaining an election or ap- 
pointment. 



CONSTITUTION OF MASSACHUSETTS. 47 

III. In all cases, where sums of money are mentioned in this Value of money 
constitution, the value thereof shall be computed in silver at six shil- 
lings and eight pence per ounce ; and it shall be in the power of the Property quali- 

, . , I. . . . IT/'- fications may 

legislature, irom time to time, to mcrease such quahhcations, as to be increased, 
property, of the persons to be elected to offices, as the circumstan- 
ces of the Commonwealth shall require. 

IV. All commissions shall be in the name of the Common- Provisions 
wealth of Massachusetts, signed by the governor, and attested by commissifns. 
the secretary or his deputy, and have the great seal of the Common- 
wealth affixed thereto. 

V. All writs, issuing out of the clerk's office in any of the Provisions re- 

' o J specting writs. 

courts of law, shall be in the name of the Commonwealth of Massa- 
chusetts ; they shall be under the seal of the court from whence they 
issue ; they shall bear test of the first justice of the court to which 
they shall be returnable, who is not a party, and be signed by the 
clerk of such court. 

VI. All the laws, which have heretofore been adopted, used, Continuation of 

• /- TV r 1 -r» former laws, 

and approved in the province, colony or state of Massachusetts Bay, except, &c. 
and usually practised on in the courts of law, shall still remain and be 
in full force, until altered or repealed by the legislature ; such parts 
only excepted as are repugnant to the rights and Hberties contained 
in this constitution. 

VII. The privilege and benefit of the writ of habeas corpus shall Benefit of ba- 
be enjoyed in this Commonwealth in the most free, easy, cheap, ex- secured^ex- 
peditious and ample manner ; and shall not be suspended by the legis- '^^^^' *^' 
lature, except upon the most urgent and pressing occasions, and for 

a limited time not exceeding twelve months. 

VIII. The enacting style, in making and passing all acts, stat- The enacting 
utes and laws, shall be — " Be it enacted by the senate and house of 
representatives, in general court assembled, and by the authority of 

the same." 

IX. To the end there may be no failure of justice, or danger Officers of for- 

•^ mer goveni- 

arise to the Commonwealth, from a change of the form of govern- ment continued 
ment — all officers, civil and military, holding commissions under the 
government and people of Massachusetts Bay in New England, and 
all other officers of the said government and people, at the time this 



48 



CONSTITUTION OF MASSACHUSETTS. 



constitution shall take effect, shall have, hold, use, exercise and en- 
joy all the powers and authority to them granted or committed, until 
other persons shall be appointed in their stead ; and all courts of law 
shall proceed in the execution of the business of their respective de- 
partments ; and all the executive and legislative officers, bodies and 
powers shall continue in full force, in the enjoyment and exercise of 
all their trusts, employments and authority, until the general court 
and the supreme and executive officers under this constitution are 
designated and invested with their respective trusts, powers and 
authoritv. 



Provision for 
revising' consti- 
tation. 



Same subject. 



Provision for 
preserving cind 
publishing- this 
constitution. 



X. In order the more effectually to adhere to the principles of 
the constitution, and to correct those violations which by any means 
may be made therein, as well as to form such alterations as from ex- 
perience shall be found necessary — the general court, which shall be 
in the year of our Lord one thousand seven hundred and ninety five, 
shall issue precepts to the selectmen of the several towns, and to the 
assessors of the unincorporated plantations, directing them to con- 
vene the qualified voters of their respective towns and plantations, for 
the purpose of collecting their sentiments on the necessity or expe- 
diency of revising the constitution, in order to amendments. 

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

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

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



ARTICLES OF AMENDMENT. 

fppr<Sed w\h- Article 1. If any bill or resolve shall be objected to, and not 
in five days, not gppj.Qyg(j by the govcmor ; and if the general court shall adjourn 
law, if legisia- within fivc davs after the same shall have been laid before the gover- 

ture adjourn in ■' 

the mean time. 



CONSTITUTION OF MASSACHUSETTS. 49 

nor for his approbation, and thereby prevent his returning it, with his 
objections, as provided by the constitution ; such bill or resolve shall 
not become a law, nor have force as such. 

Art. 2. The general court shall have full power and authority to General court 

" _ . , -^ . "^ empowered to 

erect and constitute municipal or city governments in any corporate charter cities, 
town or towns in this Commonwealth, and to grant to the inhabitants 
thereof such powers, privileges and immunities, not repugnant to the 
constitution, as the general court shall deem necessary or expedient 
for the regulation and government thereof, and to prescribe the man- 
ner of calling and holding public meetings of the inhabitants in wards, 
or otherwise, for the election of officers under the constitution, and 
the manner of returning the votes given at such meetings : Provided, Proviso. 
that no such government shall be erected or constituted in any town 
not containing twelve thousand inhabitants ; nor unless it be with 
the consent and on the application of a majority of the inhabitants of 
such town, present and voting thereon, pursuant to a vote at a meet- 
ing duly warned and holden for that purpose : And provided also, that 
all by-laws, made by such municipal or city government, shall be 
subject, at all times, to be annulled by the general court. 

Art. 3. Every male citizen of twenty one years of age and up- Qualifications 
wards, (excepting paupers and persons under guardianship,) who shall verm)r,'^^iieutcn- 
have resided within the Commonwealth one year, and within the town senafors"an°d' 
or district, in which he may claim aright to vote, six calendar months representatives. 

, . ~ ,. 11 Pick. 538. 

next precedmg any election oi governor, lieutenant governor, sena- 
tors, or representatives, and who shall have paid, by himself or his 
parent, master or guardian, any state or county tax, which shall, with- 
in two years next preceding such election, have been assessed upon 
him, in any town or district, of this Commonwealth ; and also every 
citizen who shall be by law exempted from taxation, and who shall be 
in all other respects qualified as above mentioned, shall have a right 
to vote in such election of governor, lieutenant governor, senators and 
representatives ; and no other person shall be entitled to vote in such 
elections. 

Art. 4. Notaries public shall be appointed by the governor, m Notaries public, 
the same manner as judicial officers are appointed, and shall hold their a^dre'mwed!^ 
offices during seven years", unless sooner removed by the governor, 
with the consent of the council, upon the address of both houses of 
the legislature. 

In case the office of secretary or treasurer of the Commonwealth vacancies in 
7 



50 " CONSTITUTION OF MASSACHUSETTS. 

the office of se- shall become vacant from any cause, (JLiring the recess of the general 
treasured" how coiut, the governor, with the advice and consent of the council, shall 
filled, m case, jiominate , and appoint, under such regulations as may be prescribed 
by law, a competent and suitable person to such vacant office, who 
shall hold the same until a successor shall be appointed by the gene- 
ral court. 
Commissary Whenever the exigencies of the Commonwealth shall require the 

general may be _ ^ _ -^ _ 

appointed, in appointment of a commissary general, he shall be nominated, appoint- 
ed and commissioned, in such manner as the legislature may, by law, 
prescribe. 

MiUtia officers, AH officers commissioned to command in the militia', may be re- 
how removed. ^ . . 

moved from office in such manner as the legislature may, by law, 

prescribe. 
Who may vote Art. 5. In the elections of captains and subalterns of the mili- 

for captains and • ni , i r i • • • hi 

subalterns. tia, all the members oi their respective companies, as well those un- 
der, as those above the age of twenty one years, shall have a right to 
vote. 

Oathtobetak- Art. 6. Instead of the oath of allegiance prescribed by the con- 
cers5 stitution, the following oath shall be taken and subscribed by every 

person chosen or appointed to any office, civil or military, under the 
government of this Commonwealth, before he shall enter on the du- 
ties of his office, to wit : 

"I, A. B. do solemnly swear, that I will bear true faith and alle- 
giance to the Commonwealth of Massachusetts, and will support the 
constitution thereof. So help me God." 
or affirmation in Provided, That when any person shall be of the denomination cal- 
case, &c. -[gj Quakers, and shall decline taking said oath, he shall make his af- 

firmation in the foregoing form, omitting the word "swear," and in- 
serting, instead thereof, the word "affirm," and omitting the words 
"so help me God," and subjoining, instead thereof, the words "this 
I do under the pains and penalties of perjury." 

Tests abolished. Art. 7. 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, counsellors, senators 
or representatives, to qualify them to perform the duties of their re- 
spective offices. 

Incompatability Art. 8. No judge of any court of this Commonwealth, (except 
of offices. ^i^g court of sessions,) and no person holding any office under the 



CONSTITUTION OF MASSACHUSETTS. 51 

authority of the United States, (postmasters excepted,) shall, at the 
same time, hold the office of governor, lieutenant governor or coun- 
sellor, or have a seat in the senate or house of representatives of this 
Commonvvealtli ; and no judge of any court in this Commonwealth, 
(except the court of sessions,) nor the attorney general, solicitor gen- 
eral, county attorney, clerk of any court, sheriff, treasurer and re- 
ceiver general, register of probate, nor register of deeds, shall conti- 
nue to hold his said office after being elected a member of the con- 
gress of the United States, and accepting that trust ; but the accept- 
ance 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 govern- 
ment of this Commonwealth, the office of justice of the peace and 
militia offices excepted. 

Art. 9. If, at anytime hereafter, any specific and particular Amendments to 
amendment or amendments to the constitution be proposed in the bow made.' 
general court, and agreed to by a majority of the senators and two 
thirds of the members of the house of representatives present and 
voting thereon, such proposed amendment or amendments shall be 
entered on the journals of the two houses, with the yeas and nays ta- 
ken thereon, and referred to the general court then next to be cho- 
sen, and shall be published ; and if in the general court next chosen, 
as aforesaid, such proposed amendment or amendments shall be 
agreed to by a majority of the senators and two thirds of the mem- 
bers of the house of representatives present and voting thereon ; then 
it shall be the duty of the general court to submit such proposed 
amendment or amendments to the people ; and if they shall be ap- 
proved and ratified by a majority of the qualified voters, voting there- 
on, at meetings legally warned and holden for that purpose, they shall 
become part of the constitution of this Commonwealth. 

Art. 10. The political year shall begin on the first Wednesday Commencement 
of January instead of the last Wednesday of May, and the general ' 

court shall assemble every year on the said first Wednesday of Jan- 
uary, and shall proceed, at that session, to make all the elections, and 
do all the other acts, which are by the constitution required to be 
made and done at the session which has heretofore commenced on 
the last Wednesday of May. And the general court shall be dis- 
solved on the day next preceding the first Wednesday of January, ^d termina- 
without any proclamation or other act of the governor. But nothing 
herein contained shall prevent the general court from assembling at 



52 



CONSTITUTION OF MASSACHUSETTS. 



Meetings for 
choice of gov- 
ernor, lieuten- 
ant governor, 
&c. when to be 
held. 

May be ad- 
journed. 



Article, when 
to go into op- 
eration. 



Inconsistent 
provisions, em- 
nulled. 



such Other times as they shall judge necessary, or when called to- 
gether by the governor. The governor, lieutenant governor, and 
counsellors, shall also hold their respective offices for one year next 
following the first Wednesday of January, and until others are chosen 
and qualified in their stead. 

The meeting for the choice of governor, lieutenant governor, sen- 
ators and representatives, shall be held on the second Monday of 
November in every year ; but meetings may be adjourned, if neces- 
sary, for the choice of representatives, to the next day, and again to 
the next succeeding day, but no further. But incase a second meet- 
ing shall be necessary for the choice of representatives, such meetings 
shall be held on the fourth Monday of the same month of November. 

All the other provisions of the constitution, respecting the elections 
and proceedings of the members of the genei-al court, orof any other 
officers or persons whatever, that have reference to the last Wednes- 
day of May 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, 
next follow^ing the day when the same shall be duly ratified and 
adopted as an amendment of the constitution ; and the governor lieu- 
tenant governor, counsellors, senators, representatives, and all other 
state officers, who are annually chosen, and who shall be chosen for 
the current year, 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. 

All the provisions of the existing constitution, inconsistent with 
the provisions herein contained, are hereby wholly annulled. 



Religious free- 
dom establish- 
ed. 



Art. 11. Instead of the third article of the bill of rights, the fol- 
lowing modification and amendment thereof is substituted. 

As the public worship of God, and instructions in piety, re- 
ligion, and morality, promote the happiness and prosperity of a 
people, and the security of a republican government ; therefore, 
the several religious societies of this Commonwealth, whether cor- 
porate or unincorporate, at any meeting legally warned and holden 
for that purpose, shall ever have the right to elect their pastors or 



CONSTITUTION OF MASSACHUSETTS. 58 

religious teachers, to contract with them for their support, to raise 
money for erecting and repairing houses for public worship, for the 
maintenance of religious instruction, and for the payment of necessary 
expenses : And all persons belonging to any religious society shall be 
taken and held to be members, until they shall file with the clerk of 
such society a written notice declaring the dissolution of their mem- 
bership, and thenceforth shall not be Hable for any grant or contract 
which may be thereafter made or entered into by such society : And 
all religious sects and denominations, demeaning themselves peaceably, 
and as good citizens of the Commonwealth, shall be equally under 
the protection of the law ; and no subordination of any one sect or 
denomination to another shall ever be established by law. 

[Note.— The constitution of Massachusetts was agreed upon by delegates of the people, 
in convention, begun and held at Cambridge on the first day of September, 1779, and con- 
tinued bj' 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 in the affirmative. When the convention assembled, it was found that the constitution 
had been adopted by the requisite number of votes, and the convention accordingly ?-e5oZuerf, 
" that the said Constitution or Frame of government shall take place on the last Wednesday 
of October next ; and not before, for any purpose save only for that of makivg elections 
agreeable to tliis resolution." The first legislature assembled at Boston on the twenty fifth 
day of October, 1780. 

The first nine articles of amendment were submitted, b}' delegates in Convention assem- 
bled, November 15, 1820, to the people and by them approved and adopted, April 9, 1821. 

The tenth article of amendment was adopted by the legislatures of the political years 1829 
— 30, and 1830— -31, and was approved and ratified by the people, May 11, 1831. 

The eleventh article of amendment was adopted by the legislatures of the political years 
1832 and 1833, and was aporoved and ratified by the people, November 11, 1833.] 



Commontoealtl) of ^assacljusetts* 



IN THE YEAR OF OtlR LORD ONE THOUSAND EIGHT HUNDRED AND 

THIRTY FIVE. 



AN AC' 



FOR REVISING AND CONSOLIDATING THE GENE- 
RAL STATUTES OF THE COMMONWEALTH. 



Whereas it is expedient that the General Statutes of 
this Commonwealth should be consolidated and arranged 
in appropriate titles, chapters and sections ; that omissions 
and defects therein should be supplied and amended ; and 
that the whole should be rendered concise, plain and in- 
telligible : 

Therefore, 

JdE 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 : 



56 



Chap. 1. Sect. 1—2. 



[part I. 



PART I. 

OF THE INTERNAL ADMINISTRATION OF THE GOVERN- 
MENT. 



TITI.E I. 

Of the jurisdiction of the Cormnonwealth ; and of the 
statutes and legislative proceedings. 



Chapter 1. Of the jurisdiction of the Commonwealth, and of the concur- 
rent jurisdiction of the United States over places ceded by 
the Commonwealth. 

Chapter 2, Of statutes and legislative proceedings. 



CHAPTER 1. 



OF THE JURISDICTION OF THE COMMONWEALTH, AND OF THE CON- 
CURRENT JURISDICTION OF THE UNITED STATES OVER PLACES 
CEDED BY THE COMMONWEALTH. 



Section 

1. Jurisdiction of the Commonwealth. 



I Section 

' 2. Places ceded to the United States, and 
subject to concurrent jurisdiction. 



Jurisdiction of 
the Common- 
wealth. 



Places ceded to 
the United 
States and sub- 
ject to concur- 
rent jurisdic- 
tion. 



1790,4. 



Section 1. The sovereignty and jurisdiction of the Common- 
wealth extend to all places within the boundaries thei'eof ; subject only 
to such rights of concurrent jurisdiction as have been, or may be, 
granted over any places ceded by the Commonwealth to the United 
States. 

Sect. 2. The several places here following, which have been 
ceded to the United States for forts, arsenals, dock-yards, light- 
houses, hospitals, or other purposes, and over which concurrent ju- 
risdiction has been granted to the United States, shall continue to be 
subject to such concurrent jurisdiction, according to the tenor and 
effect of the res]3ective laws of this Commonwealth by which they 
were so ceded, that is to say : 

The several public light-houses, with the lands and tenements 
thereunto belonging, the property of this Commonwealth, to wit : — 
the light-house on Light-House Island in the harbor of Boston ; the 
two light-houses on Thacher's Island in the county of Essex ; the 
two light-houses on the north end of Plumb Island in the county of 
Essex ; the light-house on the Gurnet Head in the county of Ply- 
mouth ; the light-house on Sandy Point in the county of Nantucket ; 
also the four buoys at the mouth of Merrimack river, namely — one 



TITLE I.] Chap. 1. Sect. 2. 57 

on the Hum Sands, one on the Sunken Rocks, one on the Ganway 1790, 4. 
Rock, and one on the Half-Tide Rocks ; also the beacon on the 
spit of sand near the light-house in the harbor of Boston : 

The light-house situate at the entrance of the harbor of Nan- 1795, I8. 
tucket : 

The several tracts of land for the light-houses authorized by Con- 1796, 25. 
gross to be erected, upon Baker's Island and upon Cape Cod : 

The islands called Casde Island and Governor's Island in the har- 1798, 13. 1807, 
bor of Boston ; and a tract of land in the town of Springfield : ^^• 

The tract of land for a light-house at that part of Martha's Vine- 1793, 60. 
yard called Gay-Head : 

A tract of land for a light-house on Wigwam Point, in the town I800, 7. 
of Gloucester : 

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

A tract of land in the town of Charlestown, for a navy-yard : 1800,26. 1825, 

A tract of land for a light-house at that 'part of Martha's Vine- isoo, 70. 
yard called Cape Poge : 

A tract of land on Martha's Vineyard, and the building erected 1303,65. 
thereon by this Commonwealth as an hospital : 

A tract of land for light-houses at or near the entrance of Chat- I8O6, 21, & 79. 
ham harbor on Cape Cod : 

A tract of land for a light-house at the entrance of the harbor of I810, 54. 
Scituate : 

The rocks and flats under the piers in Merrimack river, called the I8I6, 1. 
Half- Tide Rocks and North Rocks : 

A tract of land in Watertow-n for erecting forts, magazines, arse- I8I6, 15. 
nals, dock-yards, and other needful buildings : 

A tract for light-houses on Race Point, in the town of Province- 1816,47. I817, 
town, at or near Tarpaulin Cove on Nashaun Island, and on Point ' 
Gammon, in the town of Yarmouth : 

A tract of land for a light-house on the West Chop of Holmes' 1817, 2. 
Hole, on the island of Martha's Vineyard : 

The place called Half- Way Rock, in Boston Bay, for a beacon ; 1819,69. 
also Bird Island, in Buzzard's Bay, for a hght-house ; also a tract of 
land for a light-house on Long Island Head, in Boston harbor : 

The island called Ten Pound Island, in the harbor of Gloucester, i820, 3. 
for a light-house : 

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

A tract of land on Billingsgate Island, in Barnstable Bay, for a 1822, l, 
light-house : 

A tract of land on the Island of Kutta-Hunk, for a light-house : I822, 23. 

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

A tract of land in the town of Chelsea, for a marine hospital : 1825, I8I. 

A tract of land on Long Point, in the town of Provincetown ; i826, 38. 
and a tract of land on Sandy Neck, in the town of Barnstable, for 
light-houses : 

A tract of land in the town of Chelsea, for a naval hospital : 1827, 66. 

The place called Dumpling Rock, in Buzzard's Bay, and also a 1828, 63. 
8 



58 



Chap. 2. Sect. 1—2. 



[part I. 



tract of land on Nobsque Point, in the town of Falmouth, and a 
tract of land at the entrance of Edgartown harbor, for light-houses : 

1828,30. A tract of land near the mouth of the river Merrimack, in the 

town of Newbury, for a pier or breakwater : 

1830, 111. A tract of land for a light-house on West Chop, in the town of 

Tisbury, on Martha's Vineyard : 

1831,45. A tract of land for a light-house on Eastern Point, in the town of 

Gloucester : 
1834. The place called Nix's Mate, in the harbor of Boston, for a bea- 
con : 

A tract of land, not exceeding four acres, at a place called the 
Neck, in Marblehead, for a light-house : 

1835, 151. The island called Straitsmouth Island, near the eastern point of 

Cape Ann, for a light-house. 



1832,41. 
39. 

1835, 98. 



CHAPTER 2. 



OF STATUTES AND LEGISLATIVE PROCEEDINGS. 



Section 

promulgation of the laws. 
1. Laws, how promulgated. 
2 " how distributed. 

3. Acts of incorporation to be deemed 
public acts. 

4. Statutes to take effect at the same time 
throughout the state. 

5. Same subject. 

CONSTRUCTION OF STATUTES. 

6. Rules for construing statutes.— Words 
and phrases to be construed according 
to established usage, unless technical, 
&c. 

—Singular and plural numbers, mascu- 
line gender, &c. — Authority of public 
officers, &c. to be exercised by majori- 
ties, unless, &c. — " Annual meeting." — 
" Grantor" and " grantee." — " High- 



Laws, how pro- 
mulgated } 



how distributed. 



Section 

way." — " Inhabitant."—" Insane per- 
son." — " Issue."—" Land," " lands," 
and " real estate." — " JMontli" and 
" year." — " Oath" and " sworn." — 
" Person." — " Preceding" and " follow- 
ing."—" Seal." — " State" and " United 
States."—" Town."—" Will."— "Writ- 
ten" and " writing." 

APPLICATIONS TO THE GENERAL COURT. 

7. Notices on petitions to general court, 
affecting individuals or private corpora- 
tions, how given, 

8. Same, in case of towns, 

9. Service of such notices, how made 
and proved. — Fees for service. — Sub- 
stitute for service. 

10. Members of committees may adminis- 
ter oaths. 



PROMULGATION OF THE LAWS. 

. Section 1. All laws shall be promulgated by being printed and 
published under the authority of the general court, in such manner as 
they shall direct. 

Sect. 2. The secretary of the Commonwealth shall deposite in 
his office one copy of the laws published as aforesaid ; and he shall 
also, annually, immediately after their publication, distribute copies of 
them as follows : 

To the clerk of the senate, for the use of the senate, twelve co- 
pies. 

To the clerk of the house of representatives, for the use of the 
house, twenty four copies. 



TITLE I.J Chap. 2. Sect. 3 — 5. 59 

To the librarian of the state library, for the use of the library, five 
copies. 

To the following public officers, and other persons, one copy each, 
namely : 

The governor. 

The lieutenant-governor. 

Each member of the council, senate, and house of representatives. 

The attorney general. 

The treasurer and receiver general. 

The adjutant general. 

The masters in chancery. 

Each of the justices of the supreme judicial court, the court of 
common pleas, tlie municipal court of the city of Boston, and the se- 
veral police courts of the Commonwealth. 

The clerks of the judicial courts. 

The district attorneys of each district of the state. 

.The sheriffs and keepers of the jails. 

The judges and registers of probate. 

The registers of deeds. 

The keepers of the houses of correction. 

The warden of the state prison. 

The county treasurers. 

The several clerks of towns, for the use of such towns. 

Hai'vard University, for the law library. 

Harvard University. 

Williams College. 

Amherst College. 

The American Academy of Arts and Sciences. 

The Massachusetts Historical Society. 

The Boston Athenaeum. 

The American Antiquarian Society, in Worcester. 

The Pilgrim Society, in Plymouth. 

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 dis- 
trict of Massachusetts. 

The clerk of the courts of the United States for the district of 
Massachusetts. 

The secretary of state of the United States, four copies. 

The secretary of each state of the Union, for the use of each state, 
three copies. 

To the library of congress, three copies. 

Sect. 3. All acts of incorporation shall be deemed public acts, Actsofincorpo- 
and, as such, may be declared on and given in evidence, without spe- deemed public 
cially pleading the same. acts. 

Sect. 4. Every statute shall take effect at the same time through- Statutes to take 

„ t .u . . eflect at the 

out the state. _ same time, 

Sect. 5. Every statute, which does not expressly prescribe the throughout the 
time, when it shall go into operation, shall take effect on the thirtieth ^'"^" 
day, next after the day on which it shall have been approved by the ^"^ ^" ''^'^ ' 
governor, or otherwise passed and approved, conformably to the pro- 
visions of the constitution. 



60 



Chap. 2. Sect. 6. 



[part I. 



Rules for con- 
struing statutes. 



Words and 
phrases to be 
construed ac- 
cording to esta- 
blished usage, 
unless technical, 
&c. 

Singular and 
plural number, 
masculine gen- 
der, &c. 



Authority of 
public officers, 
(fcc. to be exer- 
cised by majo- 
rities, unless, 
&c. 

"Annual meet- 



" Grantor" and 
"grantee." 



'Highway.'"' 



'Inhabitant." 



"Insane per- 
son." 

"Issue." 



"Land," 
"lands," and 
"real estate." 

"'Month" and 
'•year." 



"Oath" and 
" sworn." 



"Person." 

" Preceding" 
and "follow- 
ing." 



CONSTRUCTION OF STATUTES. 

Sect. 6. In the construction of all statutes, the following rules 
shall be observed, unless such construction would be inconsistent with 
the manifest intent of the legislature, or repugnant to the context of 
the same statute, that is to say : 

First. All words and phrases shall be construed and understood, 
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. 

Second. Every word, importing the singular number only, may 
extend and be applied to several persons or things, as well as to one 
person or thing ; and every word, importing the plural number only, 
may extend and be applied to one person or thing, as well as to sev- 
eral persons or things ; and every word, importing the masculine gen- 
der only, may extend and be applied to females as well as to males. 

Third. AH 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 other persons, unless 
it shall be otherwise expressly declai-ed in the law giving the author- 

Fourth. The words "annual meeting," when applied to towns, 
shall be construed to mean the annual meeting, required by law to be 
held in the months of March or April. 

Fifth. The word "grantor" maybe construed as including every 
person, from or by whom any freehold estate on interest passes, in or 
by any deed ; and the word "grantee," as including every person, 
to whom any such estate or interest passes, in like manner. 

Sixth. The word "highway" maybe construed to include coun- 
ty bridges ; and it shall be equivalent to the words " county way," 
" county road," and " common road." 

Seventh. The word " inhabitant" may be construed to mean a 
resident in any city or town. 

Eighth. • The words " insane person" shall be construed to in- 
clude every idiot, non compos, lunatic and distracted person. 

Ninth. The word "issue," as apphed to the descent of estates, 
shall be construed to include all the lawful lineal descendants of the 
ancestor. 

Tenth. The words "land" or "lands," and the words "real 
estate," shall be construed to include lands, tenements and heredita- 
ments, and all rights thereto and interests therein. 

Eleventh. The word "month" shall be construed to mean a ca- 
lendar month, unless otherwise expressed ; and the word " year'' a 
calendar year, unless othciwise expressed; and the word "year" 
alone shall be equivalent to the expression " year of our Lord." 

Twelfth. The word " oath" shall be construed to include "affir- 
mations," in all cases, where by law an affirmation may be substituted 
for an oath, and in the like cases, the word "sworn" shall be con- 
strued to include the word "affirm." 

Thirteenth. The word "person" may extend and be applied to 
bodies politic and corporate, as well as to individuals. 

Fourteenth. The words "preceding" and "following," when 



in writms 



TITLE I.J Chap. 2. Sect. 7—9. 61 

used by way of reference to any section of these revised statutes, 
shall be construed to mean the section next preceding or next follow- 
ing that, in which such reference is made ; unless when some other 
section is expressly designated in such reference. 

Fifteenth. In all cases, in which the seal of any court or public 
office shall be required by law, to be affixed to any paper issuing from 
such court or office, the word "seal" shall be construed to include "Seal." 
an impression of such official seal, made upon the paper alone, as 
well as an impression, made by means of a wafer or of wax affixed 
thereto. 

Sixteenth. The word "state," when applied to the different " State" and 
parts of the United States, shall be construed to extend to and in- giates." 
elude the district of Columbia and the several territories, so called ; 
and the words " United States" shall be construed to include the 
said district and territories. 

Seventeenth. The word " town" may be construed to include all " Town." 
cities and districts, unless such construction would be repugnant to 
the provision of any act, specially relating to such cities or districts. 

Eighteenth. The term "will" shall be construed to include co- "^^''i-' 
dicils as well as wills. 

Nineteenth. The words "written" and "in writing," may be " Written" and 
construed to include printing, engraving, lithographing, and any other 
mode of representing words and letters ; provided, however, that in 
all cases, where the written signature of any 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. 

APPLICATIONS TO THE GENERAL COURT. 

Sect. 7. Notice of any petition, to be presented to the general Notices on pe- 
court, w^hich affects the rights or interests of individuals or of private aVcourt° fft^jct- 
corporations, may be given, either by serving such individuals and '"g individuals 
corporations with a true copy of the petition, at least thirty days be- poratTons*' how 
fore the commencement of the session, or by publishing such a copy, siven. 
three weeks successively, in some newspaper printed in the counties "^ ' ' 
respectively, where such individuals reside, or in which such corpo- 
rations are established ; or, if no newspaper be there published, then 
in some newspaper published in the city of Boston ; the last of said 
publications to be at least fourteen days before such session of the 
general court. 

Sect. 8. Notice of any petition, to be presented as mentioned Same, incase 
in the preceding section, and which affects the rights or interests of 1832^^9! 
any town, may be given, by serving such town with a true copy of 
the petition, fourteen days at least before the second Monday of the 
month of November next preceding the session of the general court, 
to which the petition is to be presented. 

Sect. 9. The service of the notice, in the cases provided for in Service of such 
the two preceding sections, may be made by any sheriff, deputy sher- m°|[[c andTro- 
iff, coroner, constable, or private person, not parties to, nor interest- ved. 
ed in, the petition ; and the service, when made by such officer, may 
be proved by his return, and, when made by any private person, may 
be proved by such person's affidavit ; and the officer, who shall serve Fees for service 
such notice, shall be paid by the petitioner, four cents a mile for his 



62 



Chap. 3. Sect. 1. 



[part I. 



Substitute for 
service. 
1831, 43. 



Members of 
committees 
may administer 
oaths. 
1825, 90. 



actual travel in making the service, twelve cents a page for each copy 
of the petition, and thirty cents for each service ; and, after the ser- 
vice, he shall deliver the petition, with his return thereon, to the pe- 
titioner ; provided, that, in all cases, where an acknowledgment in 
writing, of the service of any such petition, shall be made by any par- 
ty, on whom the same is to be served, no other service thereof on 
such party shall be required. 

Sect. 10. Any senator or representative, while acting as a mem- 
ber of a committee of the legislature, shall have authority to adminis- 
ter oaths to such persons, as shall be examined before the committee 
of which he is a member. 



TITL.E II. 

Of Elections, other than of Militia, Town, and Parish, 

Officers. 



Chapter 3. Of the qualifications of electors. 

Chapter 4. Of the manner of conducting elections. 

Chapter 5. Of the election of governor, lieutenant governor, senators 

and representatives in the General Court. 
Chapter 6. Of the election of representatives in Congress. 



CHAPTER 3. 



OF THE QUALIFICATIONS OF ELECTORS. 



Section 

1 . Qualifications of voters at Xown, coun- 
ty and otiier elections. 

2. Collectors of taxes to keep a list of per- 
sons who have paid their taxes, and 
upon request to give receipts. 

3. Collectors to return lists to selectmen 
twice a year. 

4. Penalty for neglect, and for a false re- 
turn. 

6. Selectmen to make out and post up 

lists of voters. 
6. Selectmen to be in session, for receiv- 



Section 

ing evidence of qualifications, and to 
give notice thereof. 

7. Selectmen's sessions, where voters ex- 
ceed one thousand. 

8. Penalty for giving false answers to se- 
lectmen at such sessions. 

9. Selectmen, when not answeiable for re- 
fusing to receive votes. 

10. Moderator shall receive votes of all 
persons on the lists — May refiise all 
others. 



Qualifications 
of voters at 



Section 1. Every male citizen of twenty one years of age and 

town county upwards, (excepting paupers and persons under guardianship,) who 

and other eiec- shall have resided within the state one year, and within the town, in 

1822 104 § 1 which he may claim a right to vote, six months next preceding any 

election of town, county or state officers, or of representative to 

congress, and who shall have paid, by himself, or his parent, master 



TITLE II.] Chap. 3. Sect. 2 — 7. 68 

or guardian, any state or county tax, which shall, within two years 
next preceding such election, have been assessed upon him, in any 
town of this state ; and also every citizen, who shall be by law ex- 
empted from taxation, and wdio shall in all other respects be qualified ii Pick. 538. 
as above mentioned, shall have a right to vote in all such elections ; 
and no other person shall be entitled to vote in such elections. 

Sect. 2. The collectors of state and county taxes, in each Collectors of 
town, shall keep an accurate account of the names of all persons, }-^^®^/ '° ^'^''P * 

r 1 1 1 71 1 -1 r list of persons 

irom whom they shall have received payment oi any state or county who have paid 
tax, and of the time of such payment ; and, upon request, shall de- *^^J| rc'^'uest^'to 
liver, to the person making the payment, a receipt specifying his give receipt. 
name and the time of such payment ; and such receipt shall be ad- ~^' ^^' ^ ^■ 
mitted as presumptive evidence thereof. 

Sect. 3. The said collectors, whether the time, for which they Collectors, to 
were respectively chosen, shall have expired or not, shall, twice in seiec"m'en\ildce 
each year, namely, once in the month of February, not more than a year. 
twenty days nor less than fifteen days before the first Monday in 7ib"^286^^^' 
March, and once in the month of October, not more than twenty 
days nor less than fifteen days before the second Monday in Novem- 
ber, return to the selectmen of their respective towns, an accurate 
list of all persons, from whom they shall have received payment of 
any state or county tax, subsequently to the time, appointed for mak- 
ing their last preceding return. 

Sect. 4. Any collector, who shall neglect to make such a re- Penalty for 
turn, as is required in the preceding section, shall forfeit the sum of "^ifise mmiu 
one hundred dollars, for every such neglect ; and any collector, who 1822, 104, §§ 2 
shall make a false return, in respect to any part of such list, shall for- jsss 102. 
feit the sum of twenty dollars for every name, in respect to which he 
shall have made a false return. 

Sect. 5. The selectmen shall, at least ten days before the first make?utVnd 
Monday of March, and at least ten days before the second Monday post up lists of 
of November annually, make out correct alphabetical lists of all the ^'°l'^f^' 
persons, qualified to vote for the several officers, to be elected at 1333' 102! 
those periods, respectively, and shall, at least ten days before the said 
elections, cause such lists, respectively, to be posted up in two or 
more public places, in their respective towns. 

Sect. G. The selectmen shall be In session, at some convenient Selectmen to 
place, for a reasonable time, within forty eight hours next preceding forrecdvin"' 
all meetings for the elections of any of the officers aforesaid, for the evidence of*' 
purpose of receiving evidence of the qualifications of persons, claim- and 'to'^dve"no- 
ing a right to vote in such elections, and of correcting the lists of tice thereof, 
voters ; and such session shall be holden for one hour at least, on ' 
the day of such election, and before the opening of the meeting ; and 
notice of the time and place of holding the said sessions shall be 
given by the selectmen, upon the lists posted up as aforesaid. 

Sect. 7. In any town, where the nuinber of qualified voters Selectmen's 
shall exceed one thousand, such session of the selectmen shall be f^t^°^^cx7c^r 
holden on the day immediately preceding the meeting, and for as one liiousand. 
much longer time, previous to said day, as the selectmen shall judge |804, 117. 
necessary, for the purpose aforesaid ; and when the day, immediate- ~~' '^ ' 
]y preceding such meeting, shall be Sunday, then such session shall 
be holden on the Saturday next preceding. 



64 



Chap. 4. Sect. 1 — 2. 



[part I. 



Penalty for giv- 
ing false an- 
swers to select- 
men at such 
sessions. 
1813, 68, § 4. 

Selectmen, 
when not an- 
swerable for re- 
fusing to re- 
ceive votes. 
1822, 104, § 4. 



Moderator shall 
receive votes of 
all persons on 
the lists. May 
refuse all oth- 
ers. 
1822, 104, § 5. 



Sect. 8. If any person shall give a false name or any false 
answer to the selectmen, when in session as provided in the two 
preceding sections, he. shall forfeit the sura of thirty dollars for each 
offence. 

Sect. 9. The selectmen, in case they shall have duly entered 
on said list of voters the names of all persons, who shall have been 
returned to them by the collectors aforesaid, shall not be held answer- 
able for any omissions in said list, nor for refusing the vote of any 
person, whose name is not borne thereon, unless the person, whose 
name may have been so omitted, shall, before offering his vote, fur- 
nish them with sufficient evidence of his having the legal qualifications 
of a voter at such meeting, and shall have requested them to insert 
his name on said list. 

Sect. 10. The moderator of any town meeting shall receive 
the votes of all persons, whose names are borne on the list of voters, 
as certified by the selectmen ; and he shall in no manner be held 
answerable, for refusing the vote of any person, whose name is not 
on the said list. 



CHAPTER 4. 



OF THE MANNER OF CONDUCTING ELECTIONS. 



Section 

1 . Elections not to be held on days desig- 
nated by law for military duty. 

2. Meetings not to be opened before eleven 
o'clock, except, &c. 

3. Presiding officers at elections to have a 
list of voters, and time to examine it. 

4. Every vote to be deposited by voter in 
person. 

5. Senators to be voted for on one ballot. 

6. Penalty for voting, if not qualified. 

7. Penalty for giving in more than one 
ballot. 



Elections, not 
to be held on 
days, designat- 
ed by law for 
military duty. 
1798, 31, § 1. 

Meetings not to 
be opened be- 
fore eleven 
o'clock, except, 
&c. 
1804, 117, § 1. 



Section 

8. Penalty for giving- false answers to pre- 
siding ofticers at elections. 

9. Penalty for aiding unqualified persons 
to vote. 

10. Penalty for disorderly conduct at elec- 
tions. 

11. Penalty, if selectmen, «&c. neglect their 
duty at elections. 

12. Elections in Boston. 

13. Choice, how determined, when several 
persons are voted for on same ballot. 



Section 1. No meeting for the election of state, county or town 
officers, or of electors of president and vice president of the United 
States, or of representatives in congress, shall be held on any day, on 
which the militia of the Commonwealth are by law required to do 
military duty. 

Sect. 2. No meeting for any election of governor, lieutenant 
governor, senators and representatives of the Commonwealth, elec- 
tors of president and vice president of the United States, or of re- 
presentatives in congress, shall be opened at an earlier hour than 
eleven o'clock in the forenoon of the election day, except in towns 
having more than five hundred qualified voters ; and in such towns, 
the meeting may be opened before that hour, at the discretion of the 
selectmen. 



TITLE II.] Chap. 4. Sect. 3 — 13. 65 

Sect. 3. The selectmen, moderator, or town clerk, at any Presidinffoffi- 
meeting held for the election of town or other officers, shall be pro- {lons^ohavea 
vided with a complete list of the persons qualified to vote at such list of voters, 
election ; and no person shall vote at any election, whose name shall amine h^ *12^*' 
not have been previously placed on such list, nor until the select- Pick. 485. 
men, moderator, or town clerk, presiding at such meeting, shall have igoo 74 V4.' 
had opportunity to find such voter's name on the list. 

Sect. 4. No vote shall be received by the presiding officer, at Every vote to 
any of the elections provided for in this chapter, unless deposited in voter'in^person! 
the ballot box by the voter in person. 1'798, 31, § 3. 

Sect. 5. At the elections of senators, each voter shall give in Senators to be 
his vote on one ballot, for a number of persons, not exceeding the one\anot°° 
number of persons to be chosen. isoo, 74, § 2. 

Sect. 6. If any person, knowing himself not to be a qualified Penalty for vot- 
voter, shall, at any election, wilfully give in a vote, for any officers ing; if not quaii- 
to be then chosen, he shall forfeit a sum not exceeding one hundred 1813, 68, § 3. 
dollars, for each offence. 

Sect. 7. If any voter shall knowingly give in more than one Penalty for g-iv- 
ballot, at any one time of balloting, at any election, he shall forfeit a |h|n o"e°bailot 
sum not exceeding one hundred dollars. 1813,68,6 2. 

Sect. 8. If any person shall wilfully give any false answer to 1^00,74, §3. 
the selectmen or moderator, presiding at any election, he shall forfeit, hit'Talse "an?^" 
for each offence, a sum not exceeding one hundred dollars. swers. 

Sect. 9. If any person shall wilfully aid or abet any one, who i^oo '74, § 4. 
is not legally qualified, in voting or attempting to vote at any election, ing'unquai'ified' 
he shall forfeit a sum not exceeding fifty dollars, for every such persons to vote. 
ofience. \ ^ / / 1813,68,^3. 

Sect. 10. If any person shall be disorderly in any meeting, held Penalty for dis- 
for any election mentioned in this chapter, he shall forfeit a sum not ardections'^"*^^ 
exceeding twenty dollars. 16 Mass. 383. 

Sect. 11. If any selectman, or other town or city officer, shall I'^^s, 55, §4. 
wilfully neglect or refuse to perform any of the duties required of lectmen' &c^" 
them, respecting elections, by the several provisions of this chapter, neglect their 
they shall, severally, for each offence, forfeit a sum not exceeding tioli^.^Vi Mass. 
two hundred dollars. 350. 7 Greenl. 

411. 1 East, 
663. 11 Johns. R. 114. 1 N. Hamp. R. 88. 11 S. &R. 35. 1795, 55, §§ 1, 2. 1800,74,6 5. 1813 
68, § 5. 

Sect. 12. In the city of Boston, the several elections, provided Elections in 
for in this chapter, shall be conducted according to the provisions of fs^ai^To 
the act establishing the city of Boston, and of the several acts in ad- 
dition thereto. 

Sect. 13. In order to determine the result of any election, in Choice, how 
this Commonwealth, the whole number of persons, who voted at wten^several 
such election, shall first be ascertained, by counting the whole num- persons are 
ber of separate ballots given in ; and no person shall be deemed or s^me baUot" 
declared to be elected, who shall not have received a majority of the 
whole number of ballots ; and in all returns of elections, the whole 
number of ballots given in shall be distinctly stated ; but blank pieces 
of paper shall not be counted as ballots ; and if, at any election, a 
greater number of candidates, than the number to be elected, shall 
severally receive a majority of the whole number of ballots, a num- 



66 



Chap. 5. Sect. 1 — 2. 



[part I. 



ber equal to the number to be elected, of such, as have the greatest 
excess over such majority, shall be deemed and declared to be elect- 
ed ; but if the whole number to be elected cannot thus be complet- 
ed, by reason of any two or more of such candidates having receiv- 
ed an equal number of ballots, the candidates having such equal num- 
ber shall be deemed not to be elected. 



CHAPTER 5. 

OF THE ELECTION OF GOVERNOR, LIEUTENANT GOVERNOR, SENA- 
TORS, AND REPRESENTATIVES IN THE GENERAL COURT. 



Section 

governor, lieutenant governor and 
senators. 

1. Separate lists of votes for governor, 
&c. to be transmitted to the secretary 
or to sheriffs. 

2. Division of Commonwealth into sena- 
torial districts. 

REPRESENTATIVES IN THE GENERAL 
COURT. 

3. Qualifications of voters on the question 
of sending representatives. 

4. Penalty on towns for electing repre- 
sentatives when not entitled, &c. 



Section 

5. Town meetings for elections of repre- 
sentatives in general court, how notified. 

6. Selectmen to preside ; their powers and 
duties at such meetings. 

7. Record of election to be made. 

8. Selectmen to give notice to persons 
elected, and certify and make returns. 

9. Form of certificate. 

10. Constable or, &,c. to make return on 
certificate. . 

11. Elections in Boston, how conducted. 

12. Penalties, how to be recovered and to 
whose use. 



Separate lists of 
votes for govei 
nor, &c. to be 
transmitted to 
the secretary o 
to sheriffs. 
1833, 141, § 1. 



GOVERNOR, LIEUTENANT GOVERNOR AND SENATORS. 

Section 1. At the election of governor, lieutenant governorand 
votes for gover- senators, it shall be the duty of the selectmen and clerks of towns, 
transmitted to and of the mayor and aldermen of the city of Boston, to make and 
the secretary or geal up separate lists of persons voted for as governor, lieutenant 
governor, and senators of the Commonwealth, with the number of 
votes for each person, written in words at length against his name, 
and to transmit said lists to the secretary of the Commonwealth or to 
the sheriffs of their respective counties ; and when the said lists shall 
be received at the office of the secretary, the seals thereof shall not 
be broken, but the same shall be kept as they are received, until de- 
livered by him to the two branches of the general court, or to the 
executive authority, according to the constitution and laws. 

Sect. 2. For the choice of senators, the Commonwealth is 
hereby divided into thirteen districts, each of which shall, in the man- 
ner prescribed by the constitution and laws, elect the number of 
senators hereinafter assigned to such districts. - 

The county of Suffolk shall form one district, and choose six 
senators. 

The county of Essex shall form one district, and choose six sena- 
tors. 

The county of Middlesex shall form one district, and choose five 
senators. 



Division of 
Commo n we al th 
into senatorial 
districts. 
1832, 155. 

Suffolk. 



Essex. 



Middlesex. 



TITLE II.] Chap. 5. Sect. 3 — 8. 67 

The county of Worcester shall form one district, and choose six Worcester. 
senators. 

The county of Hampshire shall form one district, and choose two Hampshire, 
senators. 

The county of Hampden shall form one district, and choose two Hampden, 
senators. 

The county of Franklin shall form one district, and choose one Franklin, 
senator. 

The county of Berkshire shall form one district, and choose two Berkshire, 
senators. 

The county of Norfolk shall form one district, and choose tliree Norfolk, 
senators. 

The county of Bristol shall form one district, and choose three Bristol, 
senators. 

The county of Plymouth shall form one district, and choose two Plymouth, 
senators. 

The county of Barnstable shall form one district, and choose one Barnstable. 
senator. 

The counties of Nantucket and Dukes County shall form one dis- Nantucket and 

^ • ^ J 1 ^ •' Dukes County 

trict, and choose one senator. I832, 155. 

REPRESENTATIVES IN THE GENERAL COURT. 

Sect. 3. The qualifications, for voting on the question, whether Qualifications 
any town will send representatives to the general court, and on all question of *^^ 
questions, relating to the number of representatives, that such town sending repre- 
will send, shall be the same, in all respects, as the qualifications, re- ^°sf 537' ^^ 
quired by the constitution, for voting in the choice of such repre- I813, 68, §6. 
sentatives. 

Sect. 4. If any town shall elect and return a representative to Penalty on 
the general court, when it shall not be constitutionally entided there- ing "eprese^nta-' 
to, or shall elect and return a greater number of representatives, than tiveswhen not 
it shall be constitutionally entitled to, such town shall, for each repre- i8i2,*^i35 &4,. 
sentative, so unconstitutionally elected and returned, forfeit a sum not 
exceeding three thousand dollars, at the discretion of the court, be- 
fore which the conviction may be had. 

Sect. 5. All town meetings, for the election of representatives Town meetings 
in the general court, shall be notified by the selectmen of each town, representatives 
in the manner legally established in such town, for calling other town in general court, 

„ ,• _ how notified, 

meetings. _ _ _ 1795,55, §i. 

Sect. 6. The selectmen shall preside in such meetings, and Selectmen to 
they shall have all the powers, which are vested in moderators of preside 3 their 
town meetings ; they shall openly receive, sort and count the votes, ties at sucli 
there given by the qualified voters present, and shall forthwith pub- ?i,tfi' ^1%^ 
licly declare who are the persons elected. ' '** ' * 

Sect. 7. The election shall be recorded in the town records. Record of eiec- 
together with the whole number of votes given in, and the names of i795'°55^^i.^' 
all the persons, for whom they were given. 

Sect. 8. The selectmen, within three days after such election, Selectmen to 
shall, either by a constable of the town, or by some other person |e^rson° 'dected 
thereto specially authorized by them, give notice of the choice to the and certify and 
representatives elected ; and a certificate and return of such election ^95^ 55"§"l 
shall be given, under the hands of the selectmen present, and shall 



68 



Chap. 5. Sect. 9 — 12. 



[part I. 



Form of certlfi. 

cate. 

1795, 55. 



be delivered into the office of the secretary of the Commonweahh, or 
such election shall be certified by the said selectmen to the house of 
representatives, to their acceptance, on or before the first Wednesday 
in January of every year. 

Sect. 9. The certificate of such election shall be, in substance, 
as follows, to wit : 

Commonwealth of Massachusetts, county of . Pursuant 

to a law of this Commonwealth, the qualified voters of the town of 

, in town meeting, on the day of , instant, for 

the choice of representatives in the general court, did elect 



-, being an inhabitant of said town, to represent them in the 
general court, to be holden on the first Wednesday of January next. 

Dated at , the day of , in the year one 

thousand eight hundred and . 



Selectmen of 



Constable or, 
&c. to make re- 
turn on certifi- 
cate. 
1795, 55, § 1. 



Elections in 
Boston, how 
conducted. 
1821,110, §23. 



Penalties, how 

to be recovered 

and to whose 

wse. 

1812, 135, § 3. 



Sect. 10. The certificate aforesaid shall have a return thereon, 
signed by the constable or other person specially authorized to give 
such notice, and stating, that notice of the choice was given to the 
person, therein mentioned to be elected, and that said person was 
summoned to attend the general court accordingly. 

Sect. 11. In the city of Boston, the several elections, provided 
for in this chapter, shall be conducted according to the provisions of 
the act establishing the city of Boston, and of the several acts in 
addition thereto. 

Sect. 12. The fines mentioned in this chapter may be recovered 
to the use of the Commonweahh, by indictment before the court of 
common pleas, holden within and for the county, in which the town 
incurring the fine may be situate ; except that all such of said fines, 
as may accrue in the city of Boston, shall be prosecuted before the 
court of common pleas, holden within and for either of the counties 
of Middlesex, Essex or Norfolk ; and all such of them, as may ac- 
crue in the town of Nantucket, shall be prosecuted before the court 
of common pleas, holden within and for either of the counties of 
Bristol or Barnstable. 



CHAPTER 6. 



OF THE ELECTION OF REPRESENTATIVES IN CONGRESS ; AND ELEC- 
TORS OF PRESIDENT AND VICE PRESIDENT OF THE UNITED 
STATES. 



Section 

of the election of representatives 
in congress. 

1. The state divided into twelve congres- 
sional districts. 

2. Description of them. 

3. Representatives in congress to be cho- 
sen on the second Monday of November, 



Section 

biennially. — Selectmen to preside, &c. 

4. Selectmen to seal up and transmit the 
votes to the sheriff or secretary. — Length 
of time allowed. 

5. Secretary to lay returns before gover- 
nor and council. 



TITLE II.] 



Chap. 6. Sect. 1—2. 



69 



Section 

6. la case of no choice, a precept to issue 
for a new election in the towns, &c. 

7. When vacancies happen, new elections 
to be had. 

8. Sheriffs to transmit precepts to select- 
men. 

9. Special provisions for such elections in 
Boston. 

10. Fees of sheriff's for their services. 

11. Penalty for their neglect. 

12. " for neglect of town and city of- 
ficers. 

ELECTORS OF PRESIDENT AND VICE PRE- 
SIDENT OF THE UNITED STATES. 

13. Electors of president and vice president 
to be chosen. 

14. Selectmen to notify meetings on the 
second Blouday of November for the 
choice of electors. 

15. Names of all the electors to be on one 
ballot, &c. 



Section 

16. Selectmen to preside.— List of votes 
to be certified. 

17. Time and manner of tramsmitting the 
votes. 

18. Special provision for the city of Bos- 
ton. 

19. The governor and council to count the 
votes 5 and notice to be given to the 
persons elected. 

20. If a majority not chosen, the residue to 
be elected by the general court. 

21. Time and place of meeting of the elec- 
tors. — Vacancies, how filled. 

22. Electors to vote, and to certify and 
transmit their votes to the seat of gov- 
ernment, directed, &c. 

23. Compensation of electors. 

24. All duties of sheriffs and town officers 
in election of governor, &c. to be obser- 
ved in the election of electors.— Penal- 
ties. 



OF THE ELECTION OF REPRESENTATIVES IN CONGRESS. 

Section. 1. For the purpose of electing representatives in the 
congress of the United States, the state shall be divided into twelve 
districts, each of which shall elect one representative, being an inha- 
bitant of the same district, in the manner hereinafter provided. 

Sect. 2. The said twelve districts shall be as follows, to wit : 

The city of Boston shall constitute one district, and be called dis- 
trict Number One. 

The towns of Gloucester, Manchester, Essex, Wenham, Bever- 
ly, Salem, Danvers, Lynnfield, Lynn, Saugus, Marblehead, Chel- 
sea, Ipswich, and Hamilton, shall constitute one district, and be cal- 
led district Number Two. 

The towns in the county of Essex, not before enumerated, and the 
towns of Dracut, Lowell, Tewksbury, Billerica, Wilmington, Read- 
ing and South Reading, shall constitute one district, and be called 
district Number Three. 

The towns of Acton, Ashby, Bedford, Boxborough, Burlington, 
Cambridge, Carhsle, Charlestown, Chelmsford, Concord, Dunstable, 
Framingham, Groton, Lexington, Lincoln, Litdeton, Maiden, Marl- 
borough, Medford, Pepjjerell, Shirley, Stoneham, Stow, Sudbury, 
Townsend, Tyngsborough, Waltham, Watertown, Wayland, West 
Cambridge, Westford, Weston and Woburn, shall form one district, 
and be called district Number Four. 

The towns of Winchendon, Ashburnham, Lunenburg, Fitchburg, 
Westminster, Gardner, Hubbardston, Princeton, Leominster, No 
Town, Lancaster, Harvard, Bolton, Berlin, Sterling, Holden, Rut- 
land, Oakham, Paxton, Boylston, West Boylston, Shrewsbury, 
Worcester, Leicester, Spencer, Ward, Oxford, Dudley, Webster, 
Charlton, Millbury, Southbridge, Northborough, Grafton and Sutton, 
shall form one district, and be called district Number Five. 

The towns of Ashfield, Buckland, Bernardston, Coleraine, Con- 
way, Deerfield, Gill, Greenfield, Heath, Leyden, Shelburne, Whate- 



The state divid- 
ed into 12 con- 
gressional dis- 
tricts. 



Description 
thereof 

District, No. 1. 
District, No. 2. 



District, No. 3. 



District, No. 4. 



District, No. 6, 



District, No. 6. 



70 



Chap. 6. Sect. 3—4. 



[part I. 



District. No. 9. 



ly, Orange, Wendell, Warwick, Leverett, New Salem, Northfield, 
Montague, Sunderland, Shutesbury, Pelham, Prescott, Amherst, 
Hadley, Hatfield, Williamsburg, Goshen, Greenwich, Chesterfield, 
Enfield, Royalston, Athol, Phillipston, Templeton, Petersham, Da- 
na, Barre and Hardwick, and the plantation of Erving's Grant, shall 
form one district, and be called district Number Six. 
District, No. 7. The county of Berkshire, together with the towns of Monroe, 
Rowe, Charlemont, Hawley, Plainfield, Curamington, Worthington, 
Middlefield, Norwich, Chester, Blandford and Tolland, shall form 
one district, and be called district Number Seven. 
District, No. 8. The towns of West Springfield, Westfield, Granville, Russell, 
Montgomery, Southwick, Holland, Wales, Brimfield, Monson, Pal- 
mer, Ludlow, Springfield, Longmeadow, Wilbraham, Belchertown, 
Easthampton, Granby, South Hadley, Northampton, Southampton, 
Ware, Westhampton, Sturbridge, Warren, Brookfield, North Brook- 
field and New Braintr.ee, shall form one district, and be called district 
Number Eight. 

The towns of Brighton, Newton, Natick, Sherburne, Hopkinton, 
Holliston, Roxbury, Brookline, Dedham, Needham, Dover, Can- 
ton, Sharon, Walpole, Medfield, Medway, Wrentham, Foxborough, 
Franklin, Bellingham, Mendon, Milford, Upton, Westborough, 
Southborough, Douglas, Uxbridge and Northbridge, shall form one 
district, and be called district Number Nine. 

The towns in the county of Bristol, (excepting the towns of New 
Bedford and Fairhaven,) together with the towns of Bridgewater, 
North Bridgewater, West Bridgewater, East Bridgewater, and Mid- 
dleborough, in the county of Plymouth, shall form one district, and 
be called district Number Ten. 

The counties of Barnstable, Nantucket and Duke's county, and the 
towns of New Bedford and Fairhaven, in Bristol county, shall form 
one district, and be called district Number Eleven. 

The towns in the county of Plymouth, not herein before enume- 
rated, with the towns of Cohasset, Weymouth, Randolph, Stough- 
ton, Braintree, Quincy, Milton, and Dorchester, shall form one dis- 
trict, and be called district Number Twelve. 

Sect. 3. The selectmen of the several towns shall, in the man- 
ner directed by law for holding elections therein, cause the inhabitants 
of said towns, duly qualified to vote for representatives in the general 
court, to assemble on the second Monday of November in the year one 
thousand eight hundred and thirty six, and thence afterwards bien- 
nially, on the second Monday of November, to give in their votes for 
representatives in congress ; and at such meetings, the selectmen shall 
preside, and shall, in open town meeting, receive, sort, and count 
the votes, and shall form a list of the names of the persons voted for, 
with the number of votes for each person, written in words at length, 
against his name ; and the town clerk shall make a record thereof. 

Sect. 4. The selectmen shall, in such meeting, make public de- 
claration of the persons voted for, and of the number of votes given 
for each ; and shall, in open town meeting, certify and seal up the 
said lists, and shall express, on the outside thereof, the district in 
which the said votes were given, and transmit the same, within three 
days after the election, to the sheriff of the county ; and the said she- 
ritf shall transmit the same to the office of the secretary of the Corn- 



District, No. 10. 



District, No. 11. 



District, No. 12. 



Representatives 
in congress to 
be chosen on 
the second 
Monday of No- 
vember, bien- 
nially. 
11 Mass. 424. 



Selectmen to 
preside, &c. 
1833, 68, § 3. 



Selectmen to . 
seal up and 
transmit the 
votes to the 
sherifF'cr secre- 
tary. 



TITLE II.] Chap. 6. Sect. 5 — 11. - 71 

monwealth, within seven days thereafter ; or the said selectmen may Length of time 
themselves transmit the same to the said office within ten days after 1833^^68 § 3. 
the election ; and, in case of a vacancy in the office of sheriff, in any 
county, the selectmen of the several towns therein shall return such 
lists to the secretary's office, within the said term of ten days. 

Sect. 5. The secretary shall lay the said returns before the go- Secretary to lay 
vernor and council ; and in case of an election for any district, by a gJvernor^and 
majority of the votes returned from such district, the governor shall council, 
forthwith transmit to the person chosen a certificate of such choice, ' '^ ' 
signed by the governor and countersigned by the secretary. 

Sect. 6. In case of no choice in a congressional district, the in case of no 
governor shall cause precepts to issue to the selectmen of the several cept'^fo^ssuefor 
towns, within such district, directing them to cause the qualified elec- a new election 
tors of their respective towns, to assemble on the day appointed in '/^33^ 68T4''^" 
such precept, to give their votes for a representative in congress ; 
and the said precept shall be accompanied with a list of all the per- 
sons voted for in such district, who shall have received as many as 
fifty votes according to the next preceding return, and shall show the 
number of votes for each of such persons ; and the same proceedings 
shall be had thereon, and the same returns made in all respects, as 
before directed ; and the like proceedings shall be repeated, as often 
as occasion may require. 

Sect. 7. When any vacancy shall happen in the representation menvacan- 
of this Commonweakh in congress, the governor shall cause precepts "ew eiecifons to 
to issue, for a new election in the congressional district, where such be had. 
vacancy exists ; and the like proceedings in all respects shall be ^^'^^' ^^' ^ ^* 
thereon had, from time to time, as are in this chapter provided for 
the election of representatives. 

Sect. 8. The several sheriffs, upon receiving any precept from Sheriffs to 
the governor, for the election of a representative in congress, shall /e^ts™ s'eiect- 
seasonably transmit the same to the selectmen of the towns, within men. 
their respective counties, to whom such precept may be directed. ' 

Sect. 9. In the congressional district of the city of Boston, the Special provis- 
said election shall be held, and all the proceedings thereon had, and ejections in 
the returns thereof made, in conformity with the act establishing the Boston, 
city of Boston, and the several acts in addition thereto ; and in case i82i' lib, $ ks. 
of no choice being made at such election, or in case of any vacancy 
happening in said district, the governor shall cause precepts for new 
elections, to be directed to the mayor and aldermen of said city, as 
often as occasion shall require ; and such new elections shall be held, 
and all proceedings thereon had, and returns made, in conformity 
with the said acts. 

Sect. 10. Each sheriff shall be entided to receive, out of the Fees of sheriffs, 
treasury of the Commonwealth, fifty cents for each of the said pre- ,^ces.^"^ ^^'^' 
cepts, by him transmitted to the selectmen, as before provided, and, 1833, 68, §6. 
for returning the votes which may be delivered to him as aforesaid, 
he shall be entitled to receive seventeen cents a mile, computing from 
his place of abode to the office of the secretary ; and the sheriffs shall 
present their accounts for the said services, to the treasurer of the 
Commonwealth, for examination and allowance. 

Sect. 11. Any sheriff, who shall neglect to perform the duties Penalty for 
required of him in this chapter, shall, for each offence, forfeit a sum isss,"!^, |*7. 



72 



Chap. 6. Sect. 12—19. 



[part I. 



not exceeding two thousand dollars, nor less than two hundred dol- 
lars. 
Penalty for Sect. 12. If any selectman, or the mayor, or either of the al- 

and cHy°offi-'™ dermen, or ward officers of the city of Boston, shall wilfully neglect 
cers. to perform any of the duties, required of them respectively in this 

1833, 68, § 7. chapter, each of them, so neglecting his duty, shall forfeit a sum not 
exceeding two hundred dollars, nor less than thirty dollars, for any 
such neglect. 



Electors of 
president and 
vice president 
to be chosen. 



Selectmen to 
notify meeting's 
on the second 
Monday of 
November for 
tlie choice of 
electors. 



Names of all 
the electors to 
be on one bal- 
lot, &c. 
1832, 169, § 1. 



Selectmen to 
preside. 



List of votes to 
be certified. 
1832, 169, § 1. 

Time and man- 
ner of transmit- 
ting- the votes. 
1832, 169, § 1. 



Special provis- 
ion for the city 
of Boston. 
1832, 169, § 3. 



The governor 
and council to 
count the votes ; 
and notice to be 
given to the 
person elected. 



ELECTORS OF PRESIDENT AND VICE PRESIDENT OF THE UNITED 

STATES. 

Sect. 13. In each year, when the election of president and vice 
president of the United States is to take place, there shall be chosen 
as many electors of president and vice president, as this Common- 
wealth may at such time be entided to. 

Sect. 14. The selectmen of the several towns shall, in the 
manner prescribed by law for notifying town meetings, cause the in- 
habitants of their respective towns, qualified to vote for representa- 
tives in the general court, to assemble on the second Monday of 
November of the year, when the election of president and vice pre- 
sident is to be made, and give in their votes for the whole number of 
electors, to which this Commonwealth may be then entitled. 

Sect. 15. The names of all the electors, to be so 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 against the name of each 
person, on every such ballot, shall be designated the congressional 
district to which he belongs. 

Sect. 16. The selectmen shall preside at all meetings held for 
the choice of electors aforesaid, and shall in open town meeting re- 
ceive, sort, count and declare the votes given in ; and the same shall 
be recorded by the town clerks, respectively, and exact lists thereof 
shall be made and certified by the selectmen and clerk. 

Sect. 17. The selectmen and clerk may, within three days next 
after the day of such election, deliver the said lists, sealed up, to the 
sheriff of the county, in which such election shall be held ; and, 
in that case, the sheriff shall, within seven days after receiving the 
said lists, transmit the same to the office of the secretary of the Com- 
monwealth ; or, the selectmen may, and when the office of sheriff is 
vacant, they shall, themselves, transmit the said lists to the said office, 
within ten days after the election ; and all votes not so transmitted 
shall be rejected. 

Sect. 18. In the city of Boston, the said elections shall be hol- 
den, and the returns thereof made, in conformity with the act estab- 
lishing the city of Boston, and the several acts in addition thereto ; 
but the same shall be holden and made at and within the times direct- 
ed in the five preceding sections. 

Sect. 19. The governor and council shall open and examine 
the lists so transmitted, and shall count the votes ; and the governor 
sball forthwith transmit to each person, who shall have received a. 
majority of the votes so returned, a certificate of his election. 



TITLE II.] Chap. 6. Sect. 20—24. 73 

Sect. 20. If, upon examination of the votes as aforesaid, it shall If a majority 
appear that there has not been a choice of a majority of the whole residurtTb*^ 
number of electors, the governor shall, by proclamation, call the gen- elected by the 
eral court together forthwith ; and the general court shall, by joint s®"^''*' <=°"''*- 
ballot of the senators and representatives, assembled in one room, 
choose as many electors, as shall be necessary to complete the num- 
ber, to which this Commonwealth may be entitled. 

Sect. 21. The electors so chosen shall convene at the state Time and place 
house in Boston, on the Tuesday preceding the first Wednesday of °he"^^ect'ofs°^ 
December, next after their election, at three of the clock in the af- 
ternoon ; and in case of the death or absence of any elector so Vacancies, how 
chosen, or in case the number of electors aforesaid shall, from any igss'ieg §4. 
cause, be deficient, the electors then present shall forthwith elect, 
from the citizens of the Commonwealth, so many persons as shall 
supply such deficiency. 

Sect. 22. The electors convened as aforesaid shall, on the said Electors to 
first Wednesday of December, vote by ballot for one person for certi(v"and° 
president, and one person for vice president of the United States ; transmit their 
one of whom, at least, shall not be an inhabitant of this Common- seat or°a-o'vern- 
wealth ; they shall name in their ballots the person voted for, as pre- ment, directed," 
sident, and in distinct ballots, the person voted for as vice president ; [^39 jgg 5 ^ 
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 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 of the United 
States, and the laws in this behalf provided. 

Sect. 23. The said electors shall receive such compensation for Compensation 
their travel and attendance, as the members of the general court. issl'^ieT^ 4. 

Sect. 24. All laws in force, in relation to the duties of sheriffs, ah duties of 
town officers and voters, in the election of governor, counsellors, sherifl'sand 
senators and representatives of this Commonwealth, shall, as far as in^erection of 
the same may be applicable, apply and be in force, in regard to the governor, &c. 
meetings and elections to be held, and the returns to be made, under ;„ the elec^^on 
the provisions of this chapter, respecting the choice of electors of "f electors, 
president and vice president of the United States ; and the like pen- 1332 169 « 4. 
alties shall be incurred for the violation thereof. 



10 



74 



Chap. 7. 



[part I. 



TITL.E III. 



Of the Assessment and Collection of State Taxes ; and 
of the Funds, Revenue, and Property of the Common- 
wealth, and the Administration thereof. 



Chapter 7. 

Chapter 8. 
Chapter 9. 
Chapter 10, 

Chapter 11. 



Of the manner in which taxes are to be assessed, and of the 
property exempted from taxation. 

Of the collection of taxes. 

Of taxes on banks, and on sales by auction. 

Of the public lands, and the superintendence and disposi- 
tion thereof. 

Of the public buildings and other public property. 



CHAPTER 7. 

OF THE MANNER IN WHICH TAXES ARE TO BE ASSESSED, AND OF 
THE PROPERTY EXEMPTED FROM TAXATION. 

Section 



OF THE PERSONS AND PROPERTY SUB- 
JECT TO TAXATION. 

1. Persons subject to poll tax. 

2. All property subject to taxation, ex- 
cept, &c. 

3. Real estate. 

4. Personal estate. 

OF THE property AND PERSONS EXEMP- 
TED FROM TAXATION, 

5. Property and polls exempted — Proper- 
ty of the United States — Property of 
certain institutions, if, iStc^Bunker Hill 
Monument — Household furniture, &c. 
Churches, tombs, &c. — Cattle, &c. — 
Indians — Polls and estates of persons 
unable to pa_v. 

OF THE TOWNS OR PLACES WHERE POLLS 
AND PROPERTY SHALL BE ASSESSED. 

6. Poll tax, where assessed. 

7. Real estate, where and to whom taxed. 

8. Contribution between landlord and ten- 
ant. 

9. Personal estate, where and to whom 
taxed. 

0. Personal property taxable in other pla- 
ces than where the owner is an inhabit- 
ant, viz ; — 1, Stock in trade, &c. em- 
ployed in other towns : — 2, Machinery, 
belon^ng to corporations : — 3, Horses, 
&c. kept in towiis where owners do not 
reside :— 4, Personal property of per- 



Section 

sons under guardianship ; — 5,or held in 
trust : — 6, deposited to accumulate : — 7, 
in hands of executors, «&c. undistribu- 
ted :■ — 8, Property held as a ministerial 
fund. 

11. Personal property, mortg-aged, &c. 
taxed to holder. 

12. Real estate of any person deceased, 
may be assessed to heirs, &c. jointly, 
until notice given of division ; one liable 
for the whole, with right to contribution. 

13. Partners may be jointly assessed for 
joint stock in trade. 

OF the manner of ASSESSING TAXES. 

14. State treasurer to send tax warrants to 
sheriffs, whenever, &c. 

15. Treasurer to send blank forms to asses- 
sors. 

16. By wnat rules all taxes to be assessed. 

17. Penalties, if assessors refuse to obey 
treasurer's warrants. 

18. When assessors neglect, &,c. commis- 
sioners shall appoint. 

19. Assessors to give notice to bring in lists 
of polls and property. 

20. " may verify lists by the oath 
of the partj^ 

21. " shall make a valuation. 

22. '• shall receive lists as a true 
valuation, unless, &c. 



TITLE III.] 



Chap. 7. Sect. 1 — 5. 



75 



Section 

23. Assessors shall make an estimate, when 
lists are not brought in. 

24. Such estimate conclusive, unless, &.c. 

25. State, coimty and town taxes may be 
included in one assessment. 

26. County and city taxes in Boston, how 
assessed. 

27. One sixth shall be assessed on polls, 
provided, &c. ; the residue on property. 

28. Assessors may add f:ve per cent, for 
convenience of apportionment. 

29. Assessors to deposite a copy of the va- 
luation in their office. 

What shall be contained in the va- 
luation : — 1, Inhabitants' estates : — 2, 
Non-resident owners' estates. 
Form of tax list for collectors. 
Assessors to commit lists to collectors, 
with warrant. 

33. Contents of warrant — No seal requisite. 

3-1. If no collector, lists, with warrant, to be 
given to sheriff or his deputy. 

33. Towns may allow discount. 

36. Assessors to post up rates of discount, 
if allowed. 



30. 



31. 

32. 



Section 

37. Reasonable abatements may be made 
by assessors, &c. 

38. Costs which have arisen before abate- 
ment, to be paid. 

39. If assessors refuse to abate taxes, tlie 
party may complain to the county com- 
missioners, &c. 

4-0. No abatement allowed, unless a list 
has been brought in, &c. 

41. Abatements to be applied for within six 
months. 

42. If tax has been paid, amount of abate- 
ments to be allowed out of town trea- 
sury. 

43. Party entitled to certificate of his abate- 
ment. 

44. Assessors to be responsible only for fi- 
delity, &c. 

45. Pay of assessors. 

TAXES ON UNINCORPORATED PLACES. 

46. Assessments on unincorporated places. 

47. Meetings of such places ; choice of as- 
sessors, &c. 

48. Assessment and collection of taxes in 
Buch places. 



Persons subject 
to poll tax. 
7 Mass. 523. 
1830, 131, § 2. 

All property 
subject to taxa- 
tion, except, &e 
1830, 131, $ 2. 

Real estate. 



Personal estate. 
6 Pick. 98. 
1830, 151, §2 



OF THE PERSONS AND PROPERTY SUBJECT TO TAXATION. 

Section 1, A poll tax shall be assessed upon every male inhab- 
itant of the Commonwealth, between the ages of sixteen and seventy 
years, whether a citizen of the United States, or an alien, in the man- 
ner hereinafter provided in this chapter. 

Sect. 2. All property, real and personal, of the inhabitants of 
this state, not expressly exempted by law, shall be subject to taxa- 
tion, in the manner provided in this chapter. 

Sect. 3. Real estate shall, for the purposes of taxation, be con- 
strued to include all lands within this state, and all buildings and oth- 
er things erected on or affixed to the same. 

Sect. 4. Personal estate shall, for the purposes of taxation, be 
construed to include all goods, chattels, moneys and effects, where- 
soever they may be, all ships and vessels, whether at home or abroad, 
all moneys at interest, due the persons to be taxed, more than they 
pay interest for, and all other debts due to them more than they are 
indebted for, all public stocks and securities, stocks in turnpikes, 
bridges and all monied corporations, whether within or without the 
state, and also income from any profession, trade or employment, 
or from an annuity, unless the capital of such annuity shall be tax- 
ed in this state ; and all other property returned in the last preced- 
ing valuation, for the purpose of taxation. 

OF THE PROPERTY AND PERSONS EXEMPTED FROM TAXATION. 

Sect. 5. The following property and polls shall be exempted ponPSemp'tfd. 
from taxation, namely : — ■ 

First. The property of the United States and of the Common- Property of the 
wealth. U. states, &c. 



76 



Chap. 7. Sect. 6—10. 



[part I. 



Property of cer- 
tain institutions, 
if, &c. 



Bunker Hill 
Monument. 
Household fur- 
niture, &c. 



Churches, 
tombs, &c. 



Cattle, &c. 



Indians. 

Polls Eind es- 
tates of persons 
unable to pay. 
1830, 151, § 6. 



Secondly. The personal property of all literary, benevolent, cha- 
ritable and scientific institutions, incorporated within this Common- 
wealth, and such real estate belonging to such institutions, as shall 
actually be occupied by them, or by the officers of said institutions, 
for the purposes for which they were incorporated. 

Thirdly. The Bunker Hill Monument. 

Fourthly. The household furniture of every person, not exceed- 
ing one thousand dollars in value ; and also his wearing apparel, farm- 
ing utensils, and mechanic's tools necessary for carrying on his busi- 
ness. 

Fifthly. All houses of religious worship, and the pews and furni- 
ture within the same, (except for parochial purposes) and all tombs 
and rights of burial. 

Sixthly. All mules, horses, and neat cattle less than one year 
old ; and all swine and sheep less than six months old. 

Seventhly. The polls and estates of all Indians. 

Eighthly. The polls and estates of persons, who, by reason of 
age, infirmity and poverty, may, in the judgment of the assessors, be 
unable to contribute towards the public charges. 



Poll tax, where 
assessed. 
13 Mass. 495. 
8 Pick. 494. 
1830, 151, § 3. 



Real estate, 
where and to 
whom ta.xed. 
1830, 151, § 3. 



Contribution 
between land 
lord and tenant. 
1830, 151, § 3. 



Personal estate, 
where and to 
whom taxed. 
6 Pick. 98. 



Personal prop- 
erty taxable in 
other places, 
than where the 
owner is an in- 
habilaul, viz. 
1. Stock in 



OF THE TOWNS OR PLACES WHERE POLLS AND PROPERTY 
SHALL BE ASSESSED. 

Sect. 6. The poll tax shall be assessed upon each taxable per- 
son in the town, where he shall be an inhabitant on the first day of 
May in each year ; provided however, that all minors, liable to taxa- 
tion, shall be taxed for their polls, in the towns where the parents, 
masters, or guardians, who have the control of the persons of such 
minors, may reside ; and if any such minor shall have no parents, 
master or guardian whhin this state, he shall be personally taxed for 
his poll, as if he were of full age ; and the poll tax, of every other 
person under guardianship, shall be assessed to his guardian, in the 
town where the guai'dian is taxed for his own poll. 

Sect. 7. All taxes on real estate shall be assessed, in the town 
where the estate lies, to the person, who shall be either the owner or 
in possession thereof, on the first day of May ; and in cases of mort- 
gaged real estate, the mortgagor shall, for the purposes of taxation, 
be deemed the owner, until the mortgagee shall take possession, after 
which the mortgagee shall be deemed the owner. 

Sect. 8. When a tenant, paying rent for real estate, shall be 
taxed therefor, he may retain, out of his rent, the one half of the tax- 
es paid by him ; and when a landlord is assessed for such real estate, 
he may recover the one half of the taxes paid by him and his rent, in 
the same action against his tenant ; unless there be an agreement to 
the contrary. 

Sect. 9. All personal estate, whether within or without this 
state, shall, except in the cases enumerated in the following section, 
be assessed to the owner in the town where he shall be an inhabitant 
on the first day of May. 

Sect. 10. The excepted cases mentioned in the preceding sec- 
tion are the following, namely : 

First. All goods, wares and merchandize, or any other stock in 
trade, including stock employed in the business of any of the raecha- 



TITLE iiT.] CiiAP. 7. Sect. 11—12. 77 

nic arts, in towns within the state, other than where the owners re- trade, &c. em- 
side, shall be taxed in those towns, if the owners hire or occupy ployed m other 

• towns. 

stores, shops or wharves therein, and shall not be taxable where the isso, 151, §2. 
owners reside. 

Secondly. All machinery, employed in any branch of manufac- 2. Machinery, 
tures and belonging to any corporation, shall be assessed to such cor- corpofatwns. 
poration, in the town or other place, where such machinery may be 1832, 168, § 2. 
situated or employed ; and, in assessing the stockholders, for their 
shares in any manufacturing corporation, there shall first be deduct- 
ed, from the value thereof, the value of the machinery and real es- 
tate, belonging to such corporation. 

Thirdly. All horses, mules, neat cattle, sheep and swine, kept ^-^ nn'^towif^*'" 
throughout the year, in towns other than where the owners reside, where owners' 
shall be assessed to the owners, in the towns where they are kept. i'oQn°\ r^^'^^Q 

•nil * 11 1 11- • 1 1^30, 151, § 3. 

b ourthly. All personal property, belongmg to mmors under ^ personal 
guardianship, shall be assessed to the guardian, in the town where he property of per- 
is an inhabitant ; and the personal property of all other persons under tuardianship. 
guardianship shall be assessed to the guardian, in the town where the 
w^ard is an inhabitant. 

Fifthly. All personal property, held in trust by any executor, 5.— or held in 
administrator, or trustee, the income of which is to be paid to any "^*'' 
married woman or other person, shall be assessed to the husband of 
such married woman, or to such other person, respectively, in the 
town of which he is an inhabitant ; but if such married woman, or 
other person reside out of the state, the same shall be assessed to said 
executor, administrator or trustee, in the town where he resides. 

Sixthly. Personal property, placed in the hands of any corpora- C— deposited 
tion or individual, as an accumulating fund, for the future benefit of '** accumulate. 
heirs or other persons, shall be assessed to the person, for whose ben- 
efit the same is accumulating, if within the state, otherwise to the per- 
son so placing it, or his executors or administrators, until a trustee 
shall be appointed, to take charge of such property, or of the income 
thereof. 

Seventhly. The personal estate of deceased persons, which shall 7.— in hands of 
be in the hands of their executors or administrators and not distrib- undlstHbmed*^' 
uted, shall be assessed to the executors and administrators, in the 5 Pick. 236. 
town where the deceased person last dwelt, until they shall give no- 
tice to the assessors, that the estate has been distributed and paid 
over to the parties interested therein. 

Eighthly. All property, held by any religious society, as a min- s. Property 
isterial fund, shall be assessed to the treasurer of such society ; and Jieid as a mims- 
if such property consists of real estate, it shall be taxed in the town, 
where such property lies ; and if it consists of personal property, it 
shall be taxed in the town, where such society usually hold their 
meetings. 

Sect. U. When personal property is mortgaged or pledged, it ert'^*'^ori^'^°i''d 
shall, for the purposes of taxation, be deemed the property of the &c.'taxecfto^ 
party who has the possession. holder. 

Sect. 12. The undivided real estate of any deceased person fnT pctsm dl- 
may be assessed to the heirs or devisees of such person, without ceased may be 
designating any of the heirs or devisees by name, until they shall have i^e[rs^^^c*°oi j. 
given notice to the assessors of the division of the estate, and the ly until notice 
names of the several heirs or devisees ; and each heir or devisee shall ^^^'^ °^ '^^'"' 



78 



Chap. 7. Sect. 13—18. 



[part I. 



State treasurer 
to send tax- 
warraiits to 
sheriffs, when- 
ever, &.C. 

Treasurer, to 
send blank 
forms to asses- 
sors. 

1823, 138, §§ 1. 
4. 



One liable for be liable for the whole of such tax, and shall have a right to recover 
ri|htTS°ionS^ of the other heirs or devisees their respective proportions thereof 
bution. when paid by him. 

Partners may Sect. 13. Partners in mercantile or other business, whether re- 
be jointly a.s- si(]in^ in tije same or different towns, may be jointly taxed, under 

S6SS6CL lOr jOlIli ,'—' , ,. ^ 1*1* * "J 

stock in trade, theu" partnership name, m the town where their business is carried 
on, for all the personal property employed in such business ; and if 
they have places of business in two or more towns, they shall be 
taxed in those several towns, for the proportions of property em- 
ployed in such towns, respectively ; and, in case of being so jointly 
taxed, each partner shall be liable for the whole tax. 

OF THE MANNER OF ASSESSING TAXES. 

Sect. 14. Whenever a state tax shall be required to be assessed, 
the treasurer shall send his warrants, for the assessing thereof, to the 
sheriffs of the several counties, who shall immediately transmit the 
same to the assessors, to whom they are directed. 

Sect. 15. When the treasurer shall send a tax act to the asses- 
sors of any town, it shall be his duty to send therewith a suitable 
number of blanks, for invoice and valuation books, so arranged as 
conveniently and distinctly to exhibit, in separate columns, the follow- 
ing particulars, to wit : 

The names of the persons assessed. 

The number of their polls. 

The description of estate taxed. 

The true value of the estate taxed. 

The reduced value of the same. 

The amount of the poll tax. 

The tax on real estate. 

The tax on personal estate. 

The total amount of each person's tax. 

And the treasurer shall also send with said blanks suitable forms 
of warrants, certificates of assessments for state, county and town 
taxes, forms of notices to be posted up previously to the making of 
any tax, and also blanks for tax Usts or books, sufficient for the use 
of such town. 

Sect. 16. The assessors shall assess all state taxes for which 
they may receive warrants from the treasurer, according to the rules 
prescribed in this chapter, and such as may be further prescribed in 
the acts laying such taxes ; and they shall in like manner assess all 
county taxes, which shall be duly certified to them, and all town 
taxes duly voted by their respective towns, and all taxes duly voted 
and certified by any school districts therein. 

Sect. 17. If any assessors shall neglect to obey the warrants, 
received by them from the treasurer of the Commonwealth, for the 
assessing of any tax upon the inhabitants or estates of their town, 
every one so neglecting shall forfeit a sum not exceeding two hundred 
dollars. 

Sect. 18. When the assessors of any town shall neglect to 
assess any tax, as mentioned in the preceding section, the commis- 
sioners in the respective counties, shall forthwith appoint other suita- 
ble persons, to assess such tax, according to the warrant of the 



By what rules 
all taxes to be 
assessed. 
1785, 50, §§4. 8. 



Penalty, if as- 
sessors refuse to 
obey treasurer's 
warrant. 
1735, 50, § 4. 



When assessors 
neglect, &c. 
commissioners 
shall appoint. 
1785, 50, § 4. 



TITLE III.] Chap. 7. Sect. 19—29. 79 

treasurer ; and the persons so appointed shall take the same oath, and 
perform the same duties, and be liable to the same penalties, as are 
provided in the case of assessors of towns. 

Sect. 19. Before proceeding to make any assessment, the as- Assessors to 
sessors shall give seasonable notice thereof, to the inhabitants of their fnn ""n^fsts'of 
respective towns, at any of their meetings, or by posting up in their polls and prop- 
towns one or more notifications, in some pubhc place or places, or ?1'^ 50 6 9 
by some other sufficient manner ; and such notice shall require the 
inhabitants to bring in to the assessors, within a time therein speci- 
fied, true lists of all then: polls and estates, both real and personal, 
not exempted from taxation. 

Sect. 20. The assessors may, in all cases, require any person Assessors may 
bringing in such a list, to make oath, that the same is true ; which t^hToaths^of The 
oath may be administered by either of the assessors. party. 

Sect. 21. The assessors of each town shall, at the time appoint- IZ^gjJan^Jn^ake 
ed, make a valuation of all the estates, real and personal, subject to a valuation, 
taxation therein. ^^^^' 50, § 1. 

Sect. 22. The assessors shall receive, as the true valuation of — shall receive 
the property of each individual, the list, if any, brought in by him ^aiu^loV^"- 
according to the provisions of this chapter, unless he shall, on being less, &c. 
thereto required by the assessors, refuse to make oath that the same is i^85,50, § 9. 
true. 

Sect. 23. If any person shall not have brought in such list, the —shall make 
assessors shall ascertain, as nearly as possible, the particulars of his wheifiist^'are 
personal estate, and of the real estate in his possession or occupa- not brought in. 
tion, as owner or otherwise, and make an estimate thereof, at its just ^'^^^'^^> ^ ^• 
value, according to their best information and belief. 

Sect. 24. Such estimate shall be entered in the valuation, and Such estimate 
shall be conclusive upon all persons, who shall not seasonably have [e°"^ &c!^' ^^" 
brought in lists of their estates, unless they can show a reasonable ex- 1785, 50, §9. 
cuse for the omission. 

Sect. 25. The assessors may include, in the same assessment, State, county 
their state, county, and town taxes, or any two of them, whenever may beTndu-^^ 
they shall think it convenient. dcd in one as- 

Sect. 26. In the city of Boston, all taxes, assessed for city or county"and 
county purposes, may be assessed separately, as county taxes, and as city taxes in 
city taxes, or under the denomination of city taxes only, as the city may°be asl^ss- 
council shall from time to time direct. ed. 

Sect. 27. The assessors shall assess upon the polls, as nearly onisix^h%ta^if 
as the same can be conveniently done, one sixth part of the whole be assessed on 
sum to be raised ; provided the whole poll tax, assessed in any one &c'-'the°re'sidue 
year, upon any individual, for town and county purposes, except on property. 
highway taxes, shall not exceed one dollar and fifty cents ; and the 1330 is'MI" 
residue of said whole sura to be raised shall be apportioned upon 
property, in the manner provided in this chapter. 

Sect. 28. The assessors may add, to the amount of any tax, to Assessors may 
be assessed, such a sum, not exceeding five per cent, of the same, as cent, for 'con- 
any fractional divisions of the said amount may render convenient, in venience of ap- 

.■I .■ . ^-r c portionment. 

the apportionment thereoi. 1755^ 50, ^ 11. 

Sect. 29. The assessors shall make a list of the valuation and Assessors, to 
the assessment thereon, and shall, before the taxes assessed are com- onhe'vaiua^on 
mitted for collection, deposite the same, or an attested copy thereof, in their office. 

. ^ ' ^J ^ ]7S5 30, §§1.8. 



80 



Chap. 7. Sect. 30— 33. 



[part I. 



What shall be 
contained in the 
valuation : 



1. — Inhabi- 
tants' estates. 



2. — Non-resi- 
dent owners' 
estates. 
1828, 143, § 3. 



Form of tax 
list for collec- 
tors. 

1828, 143, 6 6. 
9 Pick, 97. 



in their office, or, if there be no office, then with their chairman, for 
public inspection. 

Sect. 30. The first part of said list shall exhibit the valuation 
and assessment of the polls and estates of the inhabitants assessed ; 
and it shall contain, in separate columns, the following particulars to 
wit : 

The names of the inhabitants assessed ; and opposite to their 
names, 

The number of polls. 

The amount of their poll tax. 

The description of their real estate. 

The true value of their real estate. 

The reduced value of their real estate. 

The tax assessed on such real estate. 

The description of their personal property. 

The true value of their personal property. 

The reduced value of their personal property. 

The tax on their personal property. 

The sum total of each person's tax. 

The second part of said list shall exhibit the valuation and assess- 
ment of the estates of non-resident owners ; and it shall contain, in 
separate columns, the following particulars, to wit : 

The names of the non-resident owners of the property assessed, 
or such description of them as can be given. 

Their places of abode, if known. 

The description of their estate. 

The true value of such estate. 

The reduced value of such estate. 

The tax thereon. 

Sect. 31. The tax list committed to the collectors shall be in 
substance, as follows ; 



Names. 


No. of iioUs. 


Poll Tax. 


Tax on Real 
Estate. 


Tax on per- 
sonal pro- 
perty. 


Total. 


Time when 
paiii. 
















NGN RESIDENTS. 


Names. 


Places of abode, if known. 


Tax. 













Assessors to 
commit lists to 
collectors, with 
warrant. 
1785, 50, § 6. 
1785, 70, § 1. 
Contents of war- 
rant. 

No seal requi- 
site. 
1785, 50, § 6. 



Sect. 32. The assessors shall, within a reasonable time, com- 
mit the said tax list, with their warrant, under their hands, to the col- 
lector for collection. 

Sect. 33. The warrant of the assessors shall specify the duties 
of the collector, as prescribed by law, in the collection of taxes, and 
the times when, and the persons to whom, the same shall be paid in 
by the collector, and it shall be substantially in the form heretofore 
used, except that it shall not be required to be under seal. 



TITLE III.] Chap. 7. Sect. 34 — 44. 81 

Sect. 34. If there be no collector, the assessors shall commit if no collector, 
the tax lists, with their warrant, in the form prescribed in the prece- rant'to be^^'T" 
ding section, to the sheriiF or his deputy, whose duty it shall be to to sherifl' or his 
collect such taxes. ''''P"^^- 

Sect. 35. Any town may, at their annual meeting, allow a dis- Towns may al- 
count of such sums, as they may think expedient, to those persons low discount, 
who shall make voluntary payment of their taxes, within such periods 
of time, as the town shall prescribe for that purpose ; and in such case 
the collectors shall make such discount accordingly. 

Sect. 36. When a discount shall be allowed, as provided in the Assessors to 
preceding section, the assessors shall, at the time of committing their diTcount'^ff^ai-"'" 
warrant to the collector, post up, in one or more pubhc places within lowed, 
the town, notice of the rates of discount. ^^^^' '^°' ^ *• 

Sect. 37. Any person, aggrieved by the taxes assessed upon Reasonable a- 
him, may apply to the assessors for an abatement thereof ; and, if he batements may 
shall make it appear to them, that he is taxed at more than his just sessors, &c. 
proportion, they shall make a reasonable abatement to him ; and they ^'^^^> ^o, $ 10. 
may for this purpose examine upon oath, (which may be administered 
by either of them,) the person so applying, and any witnesses whom 
he or they may see fit. 

Sect. 38. If any legal costs shall have accrued, before making Costs which 
any such abatement, as is provided for in this chapter, the person, ^^^^ Abatement 
applying for the abatement, shall, notwithstanding, pay such costs. to be paid. 

Sect. 39. If the assessors shall refuse to make an abatement to if assessors re- 
any person, he may make complaint thereof to the county commis- ^^^^ to abate 

• ,*^ ^ *^ icixGS inG pa.rtv 

sioners, and if, upon the hearing of such complaint, it shall appear may complain 
that the complainant is over-rated, the said commissioners shall make *° coinmission- 
such an abatement of his taxes, as they shall deem reasonable ; pro- 6 Pick. 98. 
vided, that the party aggrieved shall, in all cases, file his complaint ^^^^' ^> § ^^• 
with the clerk of the commissioners, within one month after the refu- 
sal of the assessors to allow an abatement. 

Sect. 40. No person shall have any abatement made, by the No abatement 
commissioners, unless he shall have brought in a hst of his estate to allowed, unless 
the assessors, or shall show good cause for not having so done, and brought in, &c. 
unless he shall, if required by the assessors, have made oath to the 1785,50,§§9,10. 
truth of the same. 

Sect. 41. No abatement shall be allowed to any person, unless Abatements to 
he shall have made application therefor, within six months after the be applied for 

, » , . , .,, ^ '■ ' within SIX 

date 01 his tax bnl. mouths. 

Sect. 42. Any person, who shall have an abatement made, If tax has been 
shall, if his tax has been paid, be reimbursed out of the treasury of ab"tem"nt'^t* °^ 
the town, to the amount of the abatement allowed, together with all be allowed out 
charges, except the legal costs, provided for in the thirty eighth sec- °^ *°^™ treasu- 
tion of this chapter. 1785, 50, § lo. 

Sect. 43. Every person, whose tax shall be abated, shall be en- Party entitled 
titled to a certificate thereof from the assessors, or clerk of the com- h°s*^abafem*nt*'^ 
missioners, or other proper officer. 

Sect. 44. The assessors shall not be responsible for the assess- Assessors to be 
ment of any tax, in any town, parish, religious society, or school dis- for '^fifjeluy °£p^ 
trict, for which they are assessors, when such tax shall have been as- 1823, 1.38. i833, 
sessed by them, in pursuance of any vote for that purpose, certified 451' 493 ^'4,^ib 
to them by the clerk or other proper officer of such town, parish, 399. 7 ib. 106. 
11 



82 



Chap. 7. Sect. 45—48. 



[part I 



Pay of assess- 
ors. 
1831, 99. 



religious society or school district ; but they shall, in such case, be 
responsible only for the want of integrity and fidelity on their own 
part. 

Sect. 45. Each assessor shall be paid by his town the sum of 
one dollar a day, for every whole day, that he shall be employed in 
that service, together with such other compensation as the town shall 
allow. 



TAXES ON UNINCORPORATED PLACES. 

Assessments on Sect. 46. Whenever any part of a state or county tax shall be 
iinincorporated laid On any unincorporated place, the treasurer of the state or county, 
?785^ 46, § 10. respectively, shall issue his precept to some justice, dwelling near to 
such place, requiring him to grant his warrant, directed to some prin- 
cipal inhabitant of such place, who shall thereupon notify a meeting 
of the inhabitants of such place, for the purposes set forth in the fol- 
lowing section ; and such principal inhabitant shall obey such warrant, 
on penalty of paying the whole amount of the tax, directed to be as- 
sessed on such place. 
Meetings of Sect. 47. The inhabitants of such unincorporated place shall, in 

such places; pursuance of the proceedinsrs mentioned in the preceding section, 

Cn01C6 01 clSSCS" 1 c ± <J ^ 

SOTS, &.C. meet, and choose a moderator, clerk, assessors and collector ; and 

1785, 46, § 10. sucii clerk, assessors and collector, may be sworn to the faithful dis- 
charge of their respective offices, by the moderator of the meeting ; 
and they shall have the same compensation, as is allowed to such 
officers in towns. 

Sect. 48. The assessors of such unincorporated place shall as- 
sess such taxes, by the like rules, and in the like manner, as taxes are 
assessed upon towns ; and the collector of such place shall have the 
like authority, to collect the taxes assessed, as the collectors of towns 
have for collecting taxes. 



Assessments 
and collection 
of taxes in such 
places. 



CHAPTER 8. 



OF THE COLLECTION OF TAXES. 



Section 

1. Collectors to collect taxes according to 
warrant. 

2. " to complete collections, 
though term of office, expired. 

3. Demand to be made before distraining. 

4. Party claiming abatement must pro- 
duce certificate of assessors — Liable to 
pay fees and costs. 

6. Errors in names not to defeat collection 
of taxes. 

6. Collectors may demand aid ; penalty 
for refusing. 

7. Distress and sale to pay taxes ; except 
of certain goods. 



Section 

8. Distress, how long kept ; how aavertis- 
ed and sold. 

9. Sale may be adjourned once. 

10. Surplus to be returned to owner, on de- 
mand. 

11. After neglect to pay for fourteen days, 
party may be imprisoned. 

12. In cases of doubtful credit, taxes may 
be collected forthwith. 

13. Copy of warrant, &c. to be left with 
jailer. | 

14. Persons removing from collector's pre- 
cinct, without paying. 



TITLE III.] 



Chap. 8. Sect. 1 — 6. 



83 



Section 

15. Remedy of collector when persons re- 
move, die or marry, without paying. 

16. Case of persons who are not owners of 
the real estate taxed to them. 

17. Demand when necessary. 

18. Taxes to be a lien on real estate, for 
two years, and until alienation. 

19. Twofold remedy of collectors for taxes 
on non-residents. 

20. When non-resident appoints attorney in 
the town, demand how made. 

21. When demand is made on attorney, 
collector to wait two months. 

22. Affidavit of collector, <fcc. evidence of 
demand on attorney. 

23. Affidavit of posting notifications to be 
evidence, if recorded, &c. 

24. Sales of real estate, how advertised by 
collectors. 

25. Contents of advertisement. 

26. Wlien name of the tovra has been 
changed. 

27. Notices to be also posted up in precinct 
of collector. 

28. Sale by auction of sufficient, &c. 

29. Sale, how made when the real estate 
cannot be divided without injury. 

30. Collector may adjourn the sale, but not 
exceeding seven days in the whole. 



Section 

31. Deed to be given to the purchaser, sub- 
ject, Sec. 

32. Owner may redeem within two yeai'S. 

33. When no collector is chosen, the sheriff 
or his deputy shall collect taxes. 

34. Their duty in such case. 

35. Their fees for collecting. 

36. When town treasurers are made col- 
lectors, how they may proceed. 

37. Liability of towns when they neglect to 
choose assessors, &c. 

38. Same, when collectors neglect to pay 
over. 

39. Tax list of a deceased collector, how to 
be completed. 

40. If collector becomes insane, &c. asses- 
sors may remove him. 

41. On the death, &c. of a collector, his 
list to be delivered over to assessors. 

42. Deficiency m state or county tax, how 
supplied. 

43. Collector to be credited vnth abate- 
ments, &c. 

41. Remedy of towns for collector's neg- 
lect. 

45. Collectors to exhibit accounts every 
two months, if required. 

46. Penalty for not exhibiting. 

47. Compensation of collectors. 



Section 1. Every collector of taxes, and every constable, re- 
ceiving any tax list and warrant from the assessors, shall proceed to 
collect the taxes therein mentioned, according to the warrant. 

Sect. 2. Every collector shall complete his collection of the 
taxes committed to him, notwithstanding his term of office shall have 
expired, before completing the same ; except in the cases where he 
shall be removed from office by the assessors, as provided in this 
chapter. 

Sect. 3. The collector shall, before distraining the goods of 
any person for his tax, demand payment thereof from such person, if 
to be found within his precinct ; which demand shall be made, either 
of the party personally, or at the place of his usual abode. 

Sect. 4. If any person shall claim 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 pro- 
vided in the seventh chapter ; and he shall be liable to pay all costs 
and officers' fees, incurred before he shall have exhibited such cer- 
tificate. 

Sect. 5. If, in the assessors' lists, or in their warrant and list 
committed to the collectors, there shall be any error in the name of 
any person taxed, the tax assessed to him may, notwithstanding such 
error, be collected of the person intended to be taxed, provided he 
is taxable and can be identified by the assessors. 

Sect. 6. Any collector, when resisted or impeded in the exer- 
cise of his office, may require any suitable person to aid him there- 



Collectors to 

collect taxes 
according to 
warrant. 

Collectors to 
complete col- 
lections though 
term of office 
expired. 
1785, 70, § 8. 

Demand to be 
made before 
distraining. 
1785, 70, $ 2. 



Party claiming 
abatement must 
produce certifi- 
cate of assess- 
ors. 

Liable to pay 
fees and costs. 



Errors in 
names, not to 
defeat collec- 
tion of taxes. 



Collectors may 
demand aid. 



84 



Chap. 8. Sect. 7—15. 



[part I. 



Penalty for 
refusing. 
1785, 70, § 9. 
1782,61. 

Distress and 
sale to pay tax- 
es ; except of 
certain goods. 
1785, 30, ^ 6. 



Distress, how 

long- kept, how 

advertised and 

sold. 

1785, 50, 6 6. 

1785, 70, 2. 

1791, 22, § 3. 



Sale may be 
adjourned once. 



Surplus to be 
returned to 
owner, on 
demand. 
1785, 70, § 2. 

After nedect to 
pay for f4 daj'S, 
party may be 
imprisoned. 
1785, 70, § 2. 



In cases of 
doubtful credit, 
taxes may be 
collected forth- 
with. 

1785, 70, § 2. 
1815, 130, § 3. 

Copy of war- 
rant, &c. to be 
left with jailer. 
1785, 70, § 11. 



Persons remov- 
ing from col- 
lector's pre- 
cinct, without 
paying. 
1785,70, §5. 



Remedy of col 
lector when 
persons re- 



in ; and if such person shall refuse to render such aid, he shall forfeit, 
to the use of the town where the offence is committed, a sum not 
exceeding ten dollars. 

Sect. 7. If any person shall refuse or neglect to pay his tax, 
the collector shall levy the same by distress and sale of his goods, 
excepting the goods following, namely : 

The 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 uphold- 
ing life, and bedding and apparel necessary for himself and family. 

Sect. 8. The collector shall keep the goods distrained, at the 
expense of the owner, for the space of four days, at the least, and 
shall, within seven days after the seizure, sell the same by public auc- 
tion, for the payment of the tax and the charges of keeping and of 
the sale, having given notice of such sale, by posting up a notification 
thereof, in some public place in the town, forty eight hours at least 
before the sale. 

Sect. 9. The collector may, if he see fit, once adjourn such 
sale, for a time not exceeding three days ; in which case, he shall 
forthwith give notice of such adjournment, by posting up a notifica- 
tion thereof, at the place of sale, when he makes such adjournment. 

Sect. 10. If the distress shall be sold for more than the tax 
and the charges of keeping the distress and making the sale, the col- 
lector shall return the surplus to the owner, upon demand, with an 
account, in writing, of the sale and charges. 

Sect. 11. If any person shall refuse or neglect, for fourteen 
days after demand thereof made, to pay his tax, and the collector 
cannot find sufficient goods, upon which it may be levied, he may 
take the body of such person and commit him to prison, there to re- 
main, until he shall pay the tax and charges of commitment and im- 
prisonment, or shall be discharged by order of law. 

Sect. 12. When the credit of any person taxed shall be con- 
sidered doubtful by the assessors, they may order the collector forth- 
with to compel payment by distress or imprisonment, whether the 
tax be made payable immediately, or at a future day, or by instalments, 
or otherwise. 

Sect. 13. When the collector shall commit any person to pris- 
on, he shall give the keeper of the prison an attested copy of the 
warrant, with a certificate thereon, under the hand of the collector, 
setting forth the sum, which such person is to pay as his tax, with the 
cost of taking and committing him, and, that upon his having neglect- 
ed payment for foui'teen days, or otherwise, as the case may be, and 
for want of goods whereof to make distress, he has taken his body. 

Sect. 14. When any person shall, after the assessment of a tax 
upon him, remove out of the precinct of the collector, without pay- 
ing his tax, the collector may demand payment thereof, wherever 
such person may be found ; and, in default of payment, the collector 
may forthwith proceed to collect the tax by making a distress, or by 
commitment of such person to the prison of the county where he 
may be found. 

Sect. 15. When any person, who is taxed, shall remove as 
aforesaid, or shall die, or being an unmarried woman, shall be mar- 



TITLE III.] Chap. 8. Sect. 16—22. 85 

ried, before payment of the tax, the collector may, in his own name, move, die or 
maintain an action of debt or assumpsit, in like manner as for his pa^yf,^.^ °"^ 
'own debt, and he may, for that purpose, in like manner, have a pro- 1789, 4. 
cess of foreign attachment against any trustee of such person, as pro- ^^^' ' 
vided in the one hundred and ninth chapter. 

Sect. 16. When any person shall be taxed for real estate in his Caseof per- 
occupation, but of which he is not the owner, the collector, after de- ^ons who are 

i r 1 1 IT iir 1 no' owners ol 

mand oi payment, may levy the tax by distress and sale ot any cattle, the real estate 
sheep, horses, swine, or other stock, or any produce of said estate, i ^nt^ 7^^ "i^J^" 
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 property 
of the person so taxed. 

Sect. 17. No demand need be made as provided in the preced- Demand when 
ing section, if the person, on whom the tax is assessed, shall have re- imnecessary. 
sided within the precinct of the collector, at the time of the assess- 
ment, and shall subsequently remove therefrom, and remain absent 
three months. 

Sect. 18. Taxes assessed on real estate shall constitute a lien Taxes to be a 
thereon, for two years after they are committed to the collector ; and ''^n on real 
may, together with all incidental costs and expenses, be levied by years, and until 
sale thereof, if the tax is not paid within fourteen days, after a demand S''p"^,)'°."; 
of payment made either upon the person taxed, or upon any person isso, 151,§9. 
occupying the estate ; such sale to be conducted in the manner pro- 
vided in this chapter, for the sale of lands of non-resident proprietors 
for non-payment of taxes : but nothing in this section shall restrain 
the collector from selling any real estate for taxes after the said term 
of two years shall have elapsed, unless such estate shall have been 
alienated in the mean time. 

Sect. 19. When any tax on real estate shall be assessed to any Two fold reme- 
non-resident owner thereof, the collector may, at his election, collect ^yof collectors 
such tax of the said owner, in like manner as in the case of a resident non-residents, 
owner, or he may collect the same by the sale of such real estate, in 
the manner hereafter provided in this chapter. 

Sect. 20. If any non-resident owner of real estate shall, previ- Where non-re- 
ous to the assessment of any tax, have given a written authority to ■''"''^"*^ appoints 

. , , . r 1 1 • 1 • attorney in the 

some inhabitant 01 such town, as his attorney, to pay the taxes impo- town, demand 
sed on such estate, and such authority shall have been filed with, or I'Sm "^o'^^'i 
recorded by, the clerk of such town, the demand of payment shall be 1785'. 70,' § 1! 
made upon such attorney ; otherwise no demand need be made of 
payment of taxes assessed on the real estate of non-resident owners. 

Sect. 21. In case of a demand, made upon the attorney of a when demand 
non-resident owner, as is required in the preceding section, the col- '« made on at- 
lector shall not proceed to advertise the sale of the lands, until after to wau'"two'^'^^°'^ 
two months from the time of such demand. months. 

Sect. 22. The affidavit of any disinterested person, or of the ' .' ^ ' 
collector, who shall make such sale, as provided for in the three pre- iecto^,^&c. evi- 
ceding sections, being taken before a justice of the peace, and record- dence of de- 
ed by the clerk of the town, where the land lies, before any sale is ^^y_ °" ^"*""' 
made, and stating the demand of payment of the tax, the person of 1794,68, §1. 
whom, and the time and manner in which, it was made, shall be ad- 
mitted as competent evidence of the demand. 



86 Chap. 8. Sect. 23— SI. [part r. 

Affidavit of Sect. 23. The affidavit of any disinterested person, taken be- 

postingnotifjca- f^j.^ iustice of the peace, of the posting up of notifications of the 

tions to be evi- , -.^, , , ^ „ f iv r c 

dence, if recor- Sale 01 land, by any collector or other omcer lor payment oi taxes, 
1794 "es & 2 ^^^'^ ^^ admitted as competent evidence of the fact of notice, upon 
any trial on the validity of such sale ; provided, that such affidavit, 
made upon one of the original advertisements, or upon a copy of one 
of them, be filed and recorded in the registry of deeds of the county 
where the land lies, within six months after such sale. 
Sales of real es- Sect. 24. The Collector shall give notice of the time and place 
tale, how ad- of salc of any real estate taken for taxes, by an advertisement thereof 
iTctors' ^'^°' three weeks successively, in some newspaper of the county where 
1785, 70, § 7. the real estate lies, if there be any such newspaper, and if not, then 
in a newspaper printed in any adjacent county ; the last publication 
of which advertisement shall be at least one week before the time of 
sale. 
Contents of ad- Sect. 25. The advertisement, required in the preceding section, 
\^or^^r^^^^''y shall state the names of all the owners, if known to the collector, 
with the amount of the taxes assessed on their lands respectively ; 
and, where the owners are not so known, the advertisement shall state 
the amount of the taxes on the several rights, lots, or divisions, of 
the real estate to be sold as aforesaid. 
When name of Sect. 26. When any real estate, to be sold under the provisions 
the town has of this chapter, is situated in any town, the name of which shall have 
1785 70 T?^ '^^^'^ changed by law, within three years next preceding the sale, the 
collector shall, in his advertisement and notices of the sale, designate 
such town by its former and also its present name. 
Notices to be Sect. 27. The Collector shall also post a notice, similar to that 
h/precinct oF required by the two preceding sections, in some convenient and pub- 
coiiector. lie placc in his precinct, three weeks before the time of sale. 

i78o, 70, § 7. Sect. 28. If no person shall appear to pay the taxes, at the time 

of^sufficieiu, &c ^"^d place appointed for the sale of real estate, taken for taxes, the 
1785, 70, § 7. collector shall sell, by public auction, so much of the real estate, as 
shall be sufficient to discharge such taxes and all necessary interven- 
ing charges. 
Sale, howmade Sect. 29. If, in the Opinion of the collector, any parcel of real 
TstatV cannot ©State cannot be conveniently divided, and a part thereof be set off, 
be divided without injury to the residue, he may, as he shall judge to be most 
without injury, f^j. ^j^^ public interest, either take and sell the rents and profits of the 
whole parcel, by public auction, for such term of time, as shall be 
sufficient to discharge the tax thereon, with necessary intervening 
charges, or he may sell the whole of the land itself, and, after first 
satisfying such taxes and charges, shall pay over the residue of the 
proceeds of the sale to the owner of the estate, upon demand. 
Collector may Sect. 30. The Collector may adjourn his sale from day to day, 
saiL°"not'ex- "°^' exceeding seven days in the whole : and he shall give notice of 
ceeding seven every such adjournment by a public declaration thereof, at the time 
wh'ole"*^^ and place previously appointed for the sale. 

1785, 70, §7. Sect. 31. The collector shall execute and deliver to the pur- 

Deed, to be chaser a deed of the real estate, or of the rents and profits sold ; which 
purchas°er, sub- deed shall State the cause of sale, the price for which the estate, or 
^^r^h^'i- , « rents and profits were sold, and if the real estate shall have been sold, 
' '' ■ shall convey, subject to the right of redemption, provided for in the 



TITLE III.] Chap. 8. Sect. 32—39. 87 

next section, all the right and interest, which the owner had therein, 
at the time when the same was taken for his taxes. 

Sect. 32. The owner of real estate, sold for payment of taxes, Owner may re- 
or his heirs or assigns, may at anytime within two years from the day '^^^J^ ^^l^^'^ 
of sale, redeem the estate sold, by paying or tendering to the purcha- i785,70, §7. 
ser, or his heirs or assigns, the sum paid by him, with ten percent, in- 
terest and all necessary intervening charges ; and, when the rents and 
profits shall be sold for payment of taxes, the same may be redeemed 
at any time within the said two years, in the manner provided, in the 
seventy third chapter, for the redemption of rents and profits taken on 
execution. 

Sect. 33. When any town shall neglect to choose a collector, Whennocoi- 
the sheriff of the county or his deputy shall collect the taxes assessed [he^sheHff or Hs 
therein, as provided in the seventh chapter. deputy shall 

Sect. 34. When the tax hst and warrant of the assessors shall n85)'7o^''§'^3, 
be committed to the sheriff, or his deputy, he shall forthwith post in Their duty in 
some public place, in the town assessed, an attested copy of such such case. 
tax list and warrant ; and shall make no distress for any tax, till after ' 'V^- ' • 
thirty days from the time of posting up such copy. 

Sect. 35. If any person shall pay his tax on such list, within the Their fees for 
thirty days mentioned in the preceding section, the officer shall re- collecting-, 
cejvefor his fees five per cent, on the sum assessed ; but if any tax ' 
shall remain unpaid after the said thirty days, the officer shall pro- 
ceed to collect the same, by distress or imprisonment, in the same 
manner as collectors are in this chapter required to proceed in the 
like cases ; and the officer may also levy his fees for service and trav- 
el, in the collection of each person's tax, as in other cases of dis- 
tress and commitment. 

Sect. 36. Where the inhabitants of a town shall have voted to When town 
appoint their treasurer a collector, he may issue his warrant to the made"conectors 
sheriff of the county, or his deputy, or any of the constables of the how they may ' 
town, returnable in thirty days, requiring them to collect all taxes ]*8°5^^]'3o s 3 
due ; and such warrant shall be in substance the same with that pre- 1817^ 69. 'i834, 
scribed to be issued by the assessors to the collectors. ^'^^" 

Sect. 37. If any town shall, for five months after receiving a Liability of 
warrant from the treasurer of the Commonwealth, for assessing a state Ihey neg-i'ect to 
tax, or the warrant, order, or notice from lawful authority, for the ap- choose assess- 
portionment of any county tax, neglect to choose assessors and to i83i'^64 &S2 
cause the assessment thereof to be certified as the law requires, the and 3. 
town so neglecting shall be liable to an action of debt, for the re- 
covery of the amount of such tax, at the suit of the treasurer of the 
state or of the county respectively. 

Sect. 38. If any collector of taxes shall neglect to pay, within Same, when 
the time required by law, such sums of money as ought by him to be fo'iectors neg- 
paid to the state treasurer or county treasurer, respectively, the ov'er."^^^ 
town, by which such collector was appointed, shall be liable for such 1831, 64, $ 1. 
sums, to be recovered in an action of debt, as provided in the pre- 
ceding section. 

Sect. 39. If any collector shall die before completing his collec- Taxiistof a de- 
tion of any tax committed to him, the assessors may appoint some T''^''"' "^o'lector 

..11 i 1 . ^1 11 • 1 1 11 ^'^- how to be corn- 

suitable person to complete the collection, who shall receive a rea- pieted. 

sonable compensation, to be paid by the town, and they may commit i^^s,-^, § 5 and 



88 Chap. 8. Sect. 40 — 47. [part i.' 

the same tax list to him, with their warrant accordingly ; and such 
person shall have the same powers and duties, and be under the 
same Hability, as other collectors are. 
If collector be- Sect. 40. If any collector shall become insane, or otherwise, in 
&c?f assessors the judgment of the assessors, unable to discharge his duty, or shall 
may remove abscond, or shall remove, or, in the judgment of the assessors, shall 
1791,22; 1785 be about to rcmovc, from the town, or shall refuse, on demand, to 
465 1783, 10,$ exhibit to the selectmen or assessors his accounts of collections, as 
provided in this chapter, the assessors may remove him from office, 
and appoint another collector, as in case of the death of the collec- 
tor. 
On the death, Sect. 41. In casc of the death or removal from office of any 
lector" his list to Collector, it shall be the duty of his executors or administrators, and 
be delivered of all Other persons, into whose hands any of his unsettled tax lists 
loTs. ^° ^^^^^' ^^y come, forthwith to deliver the same to the assessors. 
1785, 46, §5. Sect. 42. If, in consequence of the collector's failing;, without 

1 1701 C)q> _ , ■*■ , ^ 

'. ■ . his own default, to collect any tax, there shall be a deficiency of the 

state'^'orYounty amount due on any state or county tax, it shall be supplied by the 

tax, how sup- collector, from the proceeds of the collection of town taxes, if any, 

in his hands ; and, if he have none, by the town treasurer, on the 

written requisition of the collector. 

Collector to be Sect. 43. The Collector shall be credited with all sums abated 

abatements,&c. according to law, and with the amount of taxes assessed upon any 

1790,42. person, who has been committed to prison within one year from the 

receipt of the tax list by the collector, and has not paid his tax, and 

also with any sums, which the town may see fit to abate to him, due 

from persons who shall have been committed after the expiration of a 

year. 

Remedy of Sect. 44. If any Collector shall neglect seasonably to pay any 

lector's ne<rie'ct. State or county tax committed to him, whereby the town shall be 

1785, 46, § 5. compelled to pay the same, or shall neglect seasonably to account for 

and pay in any town tax committed to him, the town may recover 

the amount thereof, with all damages sustained through such neglect, 

with interest, by an action on his official bond, if any shall have been 

given, and, if none, by an action for money had and received. 

Collectors to ex- Sect. 45. Every collector shall, once in every two months, 

e^Vtwo™'* if required, exhibit to the selectmen, and, where there are no se- 

momhs, ifre- lectmen, to the assessors, a true account of all moneys received on 

?78^*66 61 ^^^ taxes committed to him, and produce the treasurer's receipts, 

for all money paid into the treasury by him. 
Penalty for not Sect. 46. If any Collector shall neglect so to exhibit his ac- 
1783"66^6 2 counts, he shall forfeit to the use of his town the sum of two and a 

half per cent, on the sums committed to him for collection. 
Compensation Sect. 47. Each Collector shall be paid such compensation for 
o CO ectors. j^j^ services as his town shall determine. 



TITLE III.] 



Chap. 9. Sect. 1 — 5. 



89 



CHAPTER 9. 



OF TAXES ON BANKS, AND ON SALES BY AUCTION. 



Section 

of taxes on banks. 

1. Banks to pay a tax iu April and Octo- 
ber. 

2. When only part of stock is paid in. 

3. Remedy when bank neglects to pay 
the tax. 

TAXES ON SALES BY AUCTION. 

4. Sales by auction subject to a tax, ex- 
cept, &c. 

6. Amount of teix on sales of stocks and 
shares in corporations. — On sales of real 
estate, ships and other property. 

6. Amount on leases, &c. sold bj^ auction 
for a gross sum. 

7. Amount on contracts b)' auction for sale 
and delivery of other leasehold property. 

8. Amount on contracts for sale of goods, 
&c. 



Section 

9. Wlien bidding is for a part or sample, 
tax payable for the whole. 

10. Tax to be paid when property is bid in 
by the owners, «&c. 

11. Auctioneers to render accounts of sales 
to treasurer, in June and December, e.x- 
cept, &c. 

12. Contents of auctioneers' accounts. 

13. Auctioneers to make oath to their ac- 
counts. 

14. Auctioneers to be allowed four per cent, 
on amount of tax. 

15. When tax on sales does not exceed ten 
dollars for six months, &c. 

16. Penalty for neglect of auctioneers. 

17. " " fraud or deceit. 



Banks to pay a 
tax in April and 
October. 

12 Mass. 252. 
1828, 96, § 21. 



When only part 

of stock is paid 

in. 

1828, 96, § 21. 



Remedy, when 
bank neglects to 
pay the tax. 
1831, 64, §§ 1.4. 



OF TAXES ON BANKS. 

Section 1. Every bank, which is or maybe incorporated under 
the authority of this Commonwealth, shall, within ten days after the 
first Monday of April and the first Monday of October, in each year, 
pay to the treasurer of the Commonwealth a tax of one half of one 
per cent on the amount of its capital stock, actually paid in. 

Sect. 2. If any part of the capital stock of any bank shall have 
been paid in, within six months next before either of said days, the 
tax on such part shall be paid, in proportion to the time that shall 
have elapsed after such payment. 

Sect. 3. If any bank shall neglect to make such payment, the 
treasurer shall forthwith commence an action of debt, in the name of 
the Commonwealth, for the recovery of the same with interest. 

OP TAXES ON SALES BY AUCTION. 

Sect. 4. All sales by auction shall be subject to a tax to the Sales by auc- 
Commonwealth, except the following, namely : sales made pursuant JaT excep^t* &c^ 
to any judgment, sentence, decree, order or rule of any court or ju- 1824, 129, $ i. 
dicial officer of the Commonwealth, or of any court of the United 
States, having jurisdiction w'ithin this state ; sales made by virtue 
of any writ, execution, warrant of distress, or order of law ; sales 
of property held by executors, administrators, or guardians of estates 
of citizens of the United States, lying or being within this state ; and 
sales of pews in houses of public vv'orship. 

Sect. 5. The tax upon the sale of stocks of the United States, Amount of tax 
or of any state, or of any county or town of this Commonwealth, the "locki^and 
shares of the stock of any incorporated banks, insurance companies, shares in cor- 
12 



90 Chap. 9. Sect. 6 — 11. [parti. 

porations, on and manufacturing companies, and also of any company whatever, in- 
tate^shipTami' corporated under the authority of this Commonwealth, shall be one 
other property, tenth of One per cent, on the amount of the sales ; the tax upon sales 
1825' 163 J ' of real estate, and of ships and vessels, shall be one half of one per 
1834, 161. cent, on the amount of the sales ; and the tax upon all other sales, 

shall be one per cent, on the amount thereof. 
Amount on Sect. 6. All Contracts and engagements for any lease or under- 

leases, &c. sold lease of real estate, or for the assignment of any lease or underlease 
erosnum. ""^ ^ of real estate, which shall be made or entered into by way of sale or 
1830, 61, § 1. bidding at public auction, if the same shall be bid off or sold for a 
Pick. 412. g^.^^^ ^^^^^ ^j^^jj ^^ subject to a tax of one half of one per cent, on 

such gross sum. 

Amountoncon- Sect. 7. If such Contract or sale, as described in the preceding 

don for Lte and section, shall be for an annual rent, or for a sum payable by instal- 

deiivery of ments, for any term not exceeding seven years, the gross amount of 

propeny.**^'*"''^ such rent or instalments shall be subject to a tax of one half of one 

1830,61, §2. per cent, and for any term beyond seven years, and not exceeding 

fourteen years, to a tax of one third of one per cent. ; and for any 

term beyond fourteen years, to a tax of one fourth of one per cent. 

Amountoncon- Sect. 8. All Contracts and agreements for the sale, delivery, 

ffoods'^&f*^ °^ furnishing, or supplying, of any goods, wares and merchandize, or 

other personal property, which shall be made or entered into, by way 

of bidding or sale at public auction, shall be deemed sales by public 

auction of personal estate, and shall be subject to a tax of one per 

cent, on the whole value or amount of the goods or property which 

are the subject of such contract or agreement. 

When bidding- Sect. 9. Where any sale or bidding shall be made at public 

IS for a part or gyctiou, unou the rent of any smaller parcel of real estate, for the 

payable for the purpose of fixing the rent or price of any larger parcel of such estate, 

i^'i^n'^ri t A or upon any contract for a lease or underlease of real estate, for a 

IbJO, 01, § 4. , i "^ p 7 (• r ' 11 • • 1 

shorter term, lor the purpose oi nxing and determinmg the rent or 
price of a longer term, and where such sale or bidding, in regard to 
any goods, wares and merchandize, or other personal property, or 
any contract or agreement to sell, deliver, furnish or supply the same, 
shall be of, or upon, any less quantity, for the purpose of fixing the 
price of a larger quantity, in every such case, the whole amount of 
the property sold, transferred, contracted for or negotiated, by the 
terms and conditions of such auction, and the amount of the rent, for 
the whole of the real estate so agreed to be leased, and for the whole 
term, for which it is to be leased, shall be subject to a tax, as if the 
whole had been set up and sold by auction. 
Tax to be paid Sect. 10. When any auction, for the sale or lease of any prop- 
h'bid m by '^'■^ erty, or for any contract in relation thereto, shall have been actually 
owner, &c. begun, and the final purchase or bidding shall have been made by the 
1824, 129, § 1. Q^yj^gj. Qf ^i^g property, by the auctioneer, or by any person employed 
by either of them, the same tax shall be paid, as if the bidding had 
been made by any other person. 
Auctioneers to Sect. 11. Every auctioneer, except in cases where the amount 
o1'"slie's^toTcal- ^^ taxcs, accruing upon his sales made for six months, previous to the 
urer, inJune first day of June, shall not exceed ten dollars, as hereafter provided 
cxcem'^&^^*^'^' ^°''' '^^■> on the first day of June and December, in each year, or 
1822, 87, § 4. within sixty days thereafter, render to the treasurer of the Common- 
is^, 129, § 2. ■^ 



TITLE III.] Chap. 9. Sect. 12 — 17. 



91 



wealth, a true and particular account in writing, of all his sales and 
transactions at auction, not exempted from taxation, and of all the 
sums of money arising therefrom, such amounts to include all his said 
sales and transactions, between the time to which his last preceding 
account was rendered, and the said first days of June and December, 
respectively. 

Sect. 12. The account, mentioned in the preceding section. Contents of auc- 
shall carefully distinguish between sales of real estate and personal countT' ^'^' 
estate, and between sales of an entire property and of any part sold, 1822,87, §4. 
or bid upon, for the purpose of fixing the price of any other part or 
the whole thereof. 

Sect. 13. The auctioneer shall take and subscribe, before some Auctioneers to 
justice of the peace, an oath, that such account is true, that he has "hefr*^ ccolmt's 
carefully examined all his entries and memorandums of sales by auc- 1822, 87, § 4. 
tion, and otherwise, and that the account exhibits the whole amount 
thereof, which is liable by law to pay a tax ; and the oath so taken 
shall be certified and indorsed by the justice on said account. 

Sect. 14. The auctioneer, at the time of rendering such ac- Auctioneers to 
count, shall pay to the treasurer the amount of the tax accruins: upon ^'^ allowed four 

*■ •{ , , D I n^r cent, on 

the sales contained therein, deducting four per cent, of the tax as his amount of tax. 
compensation. _ i8U,ilb^ii 

Sect. 15. Where the amount of taxes, accruing upon the sales -yyi^p"^ ^^^^ 
made by any auctioneer, for six mondis previous to the first day of sales does not 
June, shall not exceed ten dollars, he may make his return for the farlTol- si" ''"'' 
whole year preceding the first day of December, either on that day, months, &c. 
or within sixty days thereafter. ^^^'*' ^^^' ^ ^• 

Sect. 16. If any auctioneer shall neglect to pay into the treasu- Penalty for neg- 
ry the amount of taxes at the time required by law, he shall forfeit lectofauction- 
his said compensation of four per cent, and shall pay interest on the 1830, 61, §5. 
amount of said tax, at the rate of one per cent, a month, from the 
expiration of said sixty days, until the same be paid, to be recovered 
in an action upon his official bond. 

Sect. 17. If any auctioneer or other person shall be guilty of Penalty for 
any fraud or deceit, in the execution of any of the provisions of this i822 8°7'^ §^6.^'* 
chapter, in relation to sales by auction, he shall, for every such of- 
fence, forfeit a sum not exceeding one thousand dollars. 



CHAPTER 10. 

OF THE PUBLIC LANDS, AND THE SUPERINTENDENCE AND DISPOSI- 
TION THEREOF. 



Section 

1. The land office, to be kept in Boston, 
&c. 
Lcind agent shall take charge of books, 
&c., of land office ; shall have the 
care of lands in Maine. 
Surveys, &.C., to be made by order of 
agent. 



2. 



3. 



Section 

4. Sales of land to be made by agent. 

5. Records to be kept by him. 

6. The treasurer to keep a separate ac- 

count of proceeds of lands in Maine, 
made since, &c. 

7. The money so received, when and 

how to be invested. 



92 Chap. 10. Sect. 1 — 7. [part i. 

The land office, SECTION 1. The land officG now established shall be continued, 
^ be kept in fQj. ^he management and sale of land, belonging to this Commonwealth 
1815° 131, §§1, in the state of Maine ; it shall be kept in Boston, under the direction 
2- of an agent, who shall be furnished with a suitable office and a clerk 

and stationary, at the public expense ; and the office shall be kept 
open at such stated hours, as, in the opinion of the said agent, will be 
most convenient for the public. 
Land agent Sect. 2. The land agent shall take charge of the records, plans, 

charJe of papers and documents of every description, appertaining to the lands 

books, &c., of of the Commonwealth in the state of Maine, and shall have the care, 
ShaiHiavethe Superintendence and management of all the said lands ; subject, how- 
care of lands in evcr, to such rulcs and directions, as shall from time to time be pre- 
1815^31 U2 3 scribed by the legislature. 

Surveys .fee' Sect. 3. The Said agent shall, from time to time, under the di- 
to be made by rection of the legislature, cause surveys to be made of the said lands, 
isis'^ 131 '^f 4!' ^"^ t^^^ ^"^^ measures, as may be expedient for ascertaining the 
quantity and quality of the different tracts thereof, and the lakes, 
rivers, mountains, minerals and natural productions thereof, and for 
preserving the timber thereon. 
Sales of land to Sect. 4. The said agent may, from time to time, under the di- 
affe'nt^ ^ ^^ rection of the legislature, sell any part of said lands, upon such terms 
1815, 131, § 7. and conditions, as he shall think for the interest of the Common- 
wealth. 
Records, to be Sect. 5. All Contracts and sales, and all deeds, grants and other 
1815^31"^ 8 ^o'"?s of said agent, shall be entered in suitable books and records, 

kept for that purpose. 
The treasurer, Sect. 6. It shall be the duty of the treasurer to keep a sepa- 
rate^ account'^ of ^^^® account of all the money, received by him from the sale of lands 
proceeds of belonging to this Commonwealth in the state of Maine, which have 
made since^&c' ^^^^ made since the first day of January, in the year one thousand 
1830, 98. ' eight hundred and thirty one, and of all funds which may be paid 
over or transferred to him by the land agent, arising from the sale of 
said lands and of the timber cut thereon, and also an account of notes 
and obligations, heretofore given by purchasers of said lands, and of 
the interest or income of all such moneys. 
Tlie money so Sect. 7. The treasurer shall, from time to time, with the appro- 
and'how t^'^be ^^^ion of the governor, invest all moneys received by him, under the 
invested. provisions of the preceding section, in the stock of any banks v;ithin 

1830, 98. |.jjjg Commonwealth, either by subscription to the capital stock there- 

of or otherwise, or in any other public stock ; regard being had to 
the comparative security and productiveness of the same ; and when 
thus invested, the same shall remain subject to the further order of 
the legislature. 



TITLE 



in.] 



Chap. 11. Sect. 1—7. 



93 



CHAPTER 11. 

OF THE PUBLIC BUILDINGS, AND OTHER PUBLIC PROPERTY. 



Section 

1. Care of the slate house and lands ap- 
purtenant. 

2. The state prison in Charlestown. 

3. The state lunatic hospital in Worcester. 

4. The hospital on Rainsford's island, to 
be under the care of the mayor and al- 
dermen of Boston. 

5. Mayor and aldermen to render an ac- 
count annuall}'. 

6. Magazines, &c. to be under the care of 
tlie adjutant general. 

7. Entrenching tools, &c, to be marked — 
Persons having unauthorized possession, 
pimishable. 

8. Penalty for injuring, &c. the state 
house, &c. 



Section 

the state library. 
9. State library 5 to be kept in state 

house. 
10. Books cuid maps belonging to the Com- 
monwealth, to be placed in the library, 
except, &c. 
n. Library committee 5 their duties. 

12. Annual appropriation for the library. 

MONEY RECEIVED FROM THE UNITED 
STATES FOR MILITARY SERVICES. 

13. Proceeds of Maine lands and militia 
claim appropriated to school fund. 

14. Livestment of school fund. 



Section 1. The state house and lands appurtenant shall con- 
tinue to be under the care of the several public officers and other 
persons, who now by law have charge of the same. 

Sect. 2. The state prison in Charlestown shall continue to be 
under the care of the warden, as provided in the one hundred and forty 
fourth chapter. 

Sect. 3. The state lunatic hospital at Worcester shall continue 
to be under the care of the trustees and other officers, as provided in 
the forty eighth chapter. 

Sect. 4. The hospital establishment on Rainsford Island, in the 
harbor of Boston, the island itself, and all property thereon, belong- 
ing to or connected with the said hospital establishment, shall be un- 
der the sole care of the mayor and aldermen of Boston ; who shall 
appoint all such officers and servants as they shall deem necessary, 
prescribe their respective duties, and establish their compensation. 

Sect. 5. The said mayor and aldermen shall, annually, in the 
month of January, file in the office of the secretary of the Common- 
wealth, an exact account of the state of the property of the Common- 
wealth belonging to, or connected with, the said hospital establish- 
ment, and also of all money expended thereon, in the course of the 
preceding year. 

Sect. 6. The public magazines, the munitions of war, entrench- 
ing tools, and all other implements of war, belonging to the Com- 
monwealth, shall, when not in actual use, be in the custody of the 
adjutant general ; who shall, at the public expense, provide suitable 
places for their safe keeping ; and he shall also have die care and 
management of all lands held by the Commonwealth for military uses. 

Sect. 7. All the tools and implements, mentioned in the preced- 
ing section, whether of wood or other material, shall be designated 
as the property of the Commonwealth, by suitable permanent brands, 
or marks, on each of them ; and any person who shall purchase, re- 



Care of the 
state house and 
lands appurte- 
nant. 

Care of the 
stale prison in 
Charlestown. 

Care of the 
state lunatic 
hospital in 
Worcester. 

The hospital on 
Rainsford Isl- 
and, to be un- 
der the care of 
the mayor and 
aldermen of 
Boston. 
1816, 44, § 7. 

Mayor and 
aldermen to 
render an ac- 
count annually. 
1816, 44, § 7. 



Magazines, &c. 
to be under the 
care of the ad- 
jutant generfj. 
1820,83. 
1814, 75. 



Entrenching 
tools, &c. to be 
marked. 



94 



Chap. 11. Sect. 8—13. 



[part I. 



Persons having 
unauthorized 
possession, 
punishable. 
1814, 73, § 2. 



Penalty for in- 
juring, &c. the 
stale house, &c. 
1833, 178. 



tain, or have in his possession, any of the said tools or implements so 
marked or branded, the same not having been delivered to him by 
any person thereto authorized, shall be deemed guilty of a misde- 
meanor, and be punished by fine, not exceeding ten times the just 
value of such tool or implement. 

Sect. 8. If any person shall wilfully deface, mar, or injure the 
walls, wainscoting, or any other part of the state house, or of any 
othei' building, or the appurtenances thereof, belonging to the Com- 
monwealth, by cutting, writing, or in any other manner, he shall for 
each offence forfeit a sum not less than five dollars. 



State library,' 
to be kept in 
state house. 



Books'and 
maps belonging' 
to the Com- 
monwealth, to 
be placed in the 
-library, except, 

1825, 123, § 1. 



Library'com- 
mittee. 
Their duties. 
1825, 123, § 3. 



Annual appro- 
priation for the 
library. 
1825, 123, § 4. 



Proceeds of 
Maine lands 
and militia 
claim, ap- 
propriated to 
school fund. 
1834, 169, § 1. 



THE STATE LIBRARY. 

Sect. 9. There shall be a state library kept in the state house, 
for the use of the governor, lieutenant governor, the council, the sen- 
ate, the house of representatives, and such officers of the govern- 
ment, and other persons, as may from time to time be permitted to 
use the same. 

Sect. 10. All the books and maps, belonging to the Common- 
wealth, shall be deposited and suitably arranged in the land office, 
and be placed under the care of the land agent, who shall be the li- 
brarian ; excepting such books, as by order of the respective depart- 
ments of the government are now retained in the senate chamber, in 
the hall of the house of representatives, and in the department of the 
secretary of the Commonwealth. 

Sect. 11. A joint standing committee of six persons, shall be 
annually appointed by the legislature, three from each branch, to be 
called a library committee, who shall superintend the library, use the 
funds appropriated by law in purchasing such books, maps and charts 
as they may think expedient ; procure, if necessary, a suitable person 
to perform the duties of assistant librarian, during the sitting of the 
legislature, see that the apartments of the library are at all times prop- 
erly warmed, lighted and prepared for the accommodation of the 
members of the legislature, and of such other persons as may be per- 
mitted to use the same ; and make and enforce such rules for the 
regulation of said library, as to the said committee may seem proper. 

Sect. 12. The sum of three hundred dollars, annually, is appro- 
priated, to procure for the state library suitable works of science, lit- 
erature and the arts, and such maps and charts as may, in the judg- 
ment of the library committee, be most useful for said library ; and 
the governor, with the advice and consent of the council, may, from 
time to time, [to] draw his warrant accordingly. 

MONEY received OF THE UNITED STATES FOR MILITIA SERVICES. 

Sect. 13. All moneys and stocks in the treasury, on the first day 
of January, in the year one thousand eight hundred and thirty five, 
which shall have been derived from sales of the Commonwealth's 
lands in the state of Maine, and from the claim of the Common- 
wealth on the government of the United States for military services, 
and which shall not be otherwise appropriated, together with one half 
of the moneys thereafter received from the sale of lands in Maine, 
shall constitute a permanent fund, to be called the Massachusetts 
school fund, for the encouragement of common schools, according 



TITLE IV.] 



Chap. 12. 



95 



to the provisions of the twenty fourth chapter ; provided, that said 
fund shall never exceed one million of dollars. 

Sect. 14. The investment of all moneys, appropriated to the Investment of 
said school fund, shall be made by the treasurer of the Common- iq34''i69*'^6 2 
wealth, with the approbation of the governor and council. ' ' 



TITLE IV. 



CHAPTER 12. 



OF THE MILITIA. 



Section 

exemptions. 

1. Absolute exempts. 

2. Exempts by producing certificates. 

3. Conditional exempts. 

4. Exemption for six months after first en- 
rolment. 

ENROLMENT. 

5. Wlio shall be enrolled, and when — no 
tice of enrolment — soldiers of any dis 
banded company, or discharged from 
volunteer corps, to be enrolled. 

6. Information to be given respecting per 
sons liable to be enrolled — Penalty for 
refusing to give information, or for giv 
ing false information. 

7. Companies without officers, how enrol- 
led—Penalty, if clerk or selectmen re- 
fuse. 

8. Militia, how enrolled, where there has 
been no previous enrolment. 

9. Rolls, how kept — Adjutant general to 
furnish blanks. 

10. Persons convicted of infamous crimes 
to be disenroUed. 

ORGANIZATION. 

11. Militia, how organized^Divisions, &c. 
to be numbered. 

12. Orders of commander in chief, how dis- 
tributed. 

13. Volunteers, how organized. 

14. Battalions and regiments of cavalr}', 
&c. of how many companies to consist. 

15. Orders and returns of volunteer compa- 
nies not attached to regiments. 

16. Volunteer companies twice refusing to 
elect officers, may be disbanded. 

17. Volunteers holden for seven years, ex- 
cept, &c. 

18. Volunteers exempted from duty in 
standing companies, provided, &c. 



Section 

19. Volunteers how discharged by briga- 
dier. 

20. Brigade bands — duty of masters and 
deputy masters — members to provide 
themselves with uniforms and instru- 
ments'—Penalties. 

21. Artillery drivers. 

HOW officered. 

22. General staff — division, brigade, regi- 
mental, battalion — and company offi- 
cers 

23. In cases of vacancy, sickness and ab- 
sence, officers next in rank to command. 

24. Companies without officers, how com- 
manded. 

25. Companies without officers, refusing to 
elect, how commanded— meetings how 
notified — records how kept. 

26. Duties of clerk how performed in case 
of vacancy.— clerk pro tempore, when 
and how appointed — records how kept, 
to be evidence. 

rosters, rolls, and returns. 

27. Rosters and orderly books, how kept. 

28. Rolls, how kept — to be annually revis- 
ed in May. 

29. Company orderly book, how kept — de- 
linquencies, fines and moneys received, 
to be recorded. 

30. Orders, by whom distributed. 

31. Inspection returns of companies, how 
made — returns of regiments and batta- 
lions — of brigades. 

32. Muster returns. 

33. Adjutant general's returns to the gover- 
nor and president. 

34. Blank forms of rolls and returns' — blank 
orders and notifications. 

35. Annual lists of volunteer companies to 
be furnished to colonels. 



96 



Chap. 12. 



[part I. 



Section 

eq.uipments. 

36. Soldiers, how to be equipped witliiu six 
months after enrolment — officers how 
equipped — soldiers to keep equipped — 
arms, &c. to be inspected. 

37. Inability of private to equip himself, 
how proved— equipments to be supplied 
by selectmen— Penalty for neglect to 
furnish. 

38. Minors, how equipped — when unable, 
how equipped. 

39. Wliat uniforms to be provided. 

40. Cavalry, how equipped — if unprovided 
with horse, &c. more than three months, 
to be discharged. 

41. Artillery, how equipped — to have can- 
non, &c. 

42. Uniform, arms, &c. exempt from at- 
tachment. 

ARTICLES FURNISHED. 

43. Colors to be furnished and preserved — 
instruments of music to be furnished and 
preserved— blank rolls, &c. to be fur- 
nished. 

44. Cannon, &c. to be furnished to artille- 
ry, and preserved. 

45. Horses to be provided. 

46. Musket balls, flints, kettles, &c., to be 
provided and stored by towns — powder 
to be provided and stored by towns, in 
case, &c.— penalty for neglect. 

47. Schedules of military stores to be an- 
nually furnished by selectmen, in May — 
Penalty for neglect. 

APPOINTMENT AND ELECTIONS OF OFFI- 
CERS. 

48. Officers of the line, how elected. 

49. Staff officers, how appointed. 

50. Non-commissioned officers, how ap- 
pointed. 

51. Officers, how commissioned — ^warrants 
of non-commissioned officers-^certifi- 
cates of clerk's appouitment. 

52. Persons ineligible to military offices — 
when such persons are elected, com- 
mander in chief to appoint. 

53. Rank of officers, how determined — 
commissions shall express date of ap- 
pointment. 

64. Loss of commission supplied. 

55. Major general to be notified of his elec- 
tion, and to signify his acceptance within 
thirty days. 

56. Major generals to order elections of all 
commissioned officers. 

67. Electors to have ten days notice. 
58. Who may preside at elections — officers 
elected, how notified — elections and re- 



Section 

fusals, how returned — acceptances when 
notified — refusals at the time, recorded — 
elections may be twice adjourned, two 
days each— what number of electors 
must be present — rosters and rolls to be 
produced at elections. 

59. When electors refuse to elect, governor 
to appoint — incase of refusal to elect, 
officers to be appointed— volimteers dis- 
banded on refusing twice — returns of 
elections and refusals — new elections 
ordered, unless, &c. 

60. Elections in companies without officers, 
may be ordered by colonel. 

61. Commissions, how transmitted. 

62. Notice given, if officers refuse to be 
qualified. 

63. Candidates not to treat with ardent 
spirits. 

64. Persons on military duty, privileged 
from arrest on civil process. 

officers, how QUALIFIED. 

65. Oaths of commissioned officers — how 
administered and certified — fonn of cer- 
tificate. 

66. Clerk's oath — certificate of. 

HOW officers are discharged. 

67. Discharge of officers upon their own 
request. 

68. Time and conditions of resignations. 

69. Remedy in case of unreasonable refus- 
al to approve resignations. 

70. No resignations while under arrest. 

71. Discharges without request — of persons 
unable and unfit, and convicts — per- 
sons who have removed— absent more 
than one year— upon address of legisla- 
ture — by sentence of court martial — by 
disbanding of corps. 

72. Discharges by appointment in the ar- 
my ; penalty for continuing to act. 

73. Expiration of commissions of staff. 

74. Resignation of clerks and non-commis- 
sioned officers. 

discipline, inspection, trainings and 
reviews. 

75. System of discipline. 

76. Inspection on first Tuesday of Ma}'. 

77. Selections from militia law to be read. 

78. Company parades — reviews— time and 
place of reviews — no person to march 
more than fifteen miles to any review, 
except, &c. 

79. Rank of divisions, &c.— se)iior officer 
to command — company without officers, 

how commanded at reviews. 

80. Bounds of parade may be fixed— pun- 
ishment of intrusion. 



TITLE IV.] 



Chap. 12. 



97 



Section 

81. Brigade majors, &c. to attend reviews 
— to attend inspection of regiments, &c. 

82. Adjutant general, wlien to attend re- 
views. 

83. Ball cartridges how inspected — penalty 
for bringing loaded arms, except, &c. 

84. Treating with ardent spirits forbidden. 

85. No parades on days of certain town 
meetings, except, &c. — penalty for or- 
dering them. 

86. Commander in chief may order escorts, 
&c. 

87. Vokmtary parades not prohibited — con- 
stitution of companies binding, so far, 
&c. — remedy for breach thereof. 

NOTIFICATIONS. 

88. Wlio shall notify trainings. 

89. Requisites of notifications — time for 
training — for elections — on sudden emer- 
gencies — verbal notice on parades. 

90. What, sulficient notice of enrolment. 

91. Company without officers, how notified 
— penalty of refusal to notify. 

92. Adjutant general to furnish blank or 
ders and notifications. 

93. Orders and notifications to be recorded 
by clerk. 

EXCUSES. 

94. Excuses to be made within twenty days, 
unless, &c. — clerks to be informed of 
excuses. 

95. Deficiencies in equipments not to be 
excused— Penalty. 

96. Certain conditional exemptions not to 
be excused, unless, &c. 

97. Who may excuse in companies without 
oflScers. 

FINES AND PENALTIES. 

98. Fines of soldiers for uimecessary ab- 
sence. 



99. Fines of soldiers for deficiencies of 
equipments. 

100. Fi-nes of soldiers for neglects and ofien 
ces— quitting guard, &c. — discharging 
musket, &c. — refusing to warn in com- 
pany without officers — loading with 
ball, &c. on parade, &c.— refusing to 
act as clerk — refusing to enrol and to 
return roll in company without officers — 
contempt, disorderly conduct, tumult or 
riot, disobedience, neglect of duty— per- 
sons committing the last mentioned, may 
be put under guard — non-commissioned 
officers may be reduced to the ranks. 

101. FiiKS of officers for ordering parade 
on days of election — acting as an officer 
after accepting commission in the army 
— disobeying any order in case of tu- 
mult— refusing to certify or falsely ccr- 

13 



Section 

lifying compensation list — fines by court 
martial. 

102. Fines of musicians, neglect or miscon- 
duct of band — hired musicians subject 
to commands and penalties like soldiers. 

103. Fines for false information, giving false 
mformation to avoid enrolment — by 
householders. 

104. Fines of citizens, neglect of parents, 
guardians, &c. — Absence of soldiers in 
companies without officers. 

105. Fines of selectmen, for neglect, &c. to 
return a list of men, to provide arms, to 
examine lists and draw orders, to ap- 
propriate money received from exempts, 
to return military stores. 

106. Fines of towns, neglect to provide sup- 
plies, &c. — to keep military stores — to 
keep powder \\\\c\\ required. 

107. Fines for having in possession, without 
right, certam articles belonging to the 
Commonwealth. 

prosecutions for fines. 

108. Fines prosecuted bij indictment or action 
on the case. 

109. Fines recovered by complaint or action 
on the case, by commanders of regi- 
ments, &c. for refusal to give notice in 
a company without officers — of clerk of 
such company to return roll — of mayor 
and aldermen, or selectmen, to return 
list of such company — for quitting pla- 
toon, or company, on regimental parade. 

110. Fines prosecuted bij captain, brigade 
major, or judge advocate — for refusal to 
perform the duties of clerk- incurred by 
members of brigade band— by sentence 
of court martial — costs against judge 
advocate to be paid by comity treas- 
urer. 



111. Fines in company without officers. 

112. Fines prosecuted by clerk — for absence, 
or disobedience in case of riot, &c. — by 
musicians — for giving false information, 
by parents, guardians, or masters — all 
fines not otherwise provided for, to be 
recovered by clerk — information, when 
and where filed — form of information — 
when summons to be issued — form of 
summons of justices, of police or justices' 
court—general issup may be pleaded — 
what is sufficient evidence for the prose- 
cution—secondary evidence, when re- 
ceived clerk, ifcc. may be a witness — 

exemptions and excuses for infirmity, 
how proved — commanding officer may 
be a witness — execution when issued — 
form of execution — amendments of com- 
plaint — when no costs against complain- 



98 



Chap. 12. 



[part I. 



Section 

ant — appeals when allowed — similar 
complaints by other oflScers. 

113. Imprisonment on execution. 

114. To whose use fines accrue — clerk to 
make annual return of fines received by 
him. 

COURTS MARTIAL. 

115. No court martial, except on written 
complaint, signed, &c. — offences to be 
tried within one year, unless, &c. 

116. Respondent to be put under arrest- 
copy of charges to be delivered ten days 
before trial — if not delivered, court may 
adjourn. 

117. Courts martial to consist of president, 
&c.— when held — ^how ofteui — general 
courts martial, how to be appointed, and 
who may be tried by tliem — division 
courts martial, liow to be appointed, 
BJid who may be tried by them — mem- 
bers, how to be detailed — if any officer 
detailed is imable to serve — returns of 
members detailed — judge advocate to 
attend — when prevented — if the presi- 
dent does not attend — if a sufficient 
number of members do not attend or 
cannot serve — if the judge advocate or 
marshall is absent— person serving as 
judge advocate, to continue through the 
trial — officers, how to take rank — court 
may adjourn, when. 

118. Members to be sworn—president and 
members' oath — judge advocate's oath 
— challenges, how and when made — 
certain causes of challenge, when waiv- 
ed — if the defendant is absent or with- 
drawn — witnesses, how summoned — pe- 
nalty for not appearing— oath of wit- 
nesses — evidence of neglect of returns 
to adjutant general — copies and docu- 
ments, how authenticated — proceedings 
to be in writing — votes, how taken — 
order to be preserved — records, how 
authenticated, and transmitted — appro- 
val or disapproval of sentence — payroll 
—copies allowed — judgment of disquali- 
fication may be reversed. 

119. What offences may be tried by court 
martial. ^ 

120. Board of officers. 

121. Courts of inquir}', how organized — va- 
cancies, how filled — oaths of president 
and members, of judge advocate — wit- 
nesses — judge advocates to attend. 

122. No guard, unless, &c. 

COMPENSATION. 

123. Compensation to aids, brigade majors, 
and adjutants. 

124. Pay of members of court martial, &c. — 



Section 

of president^of judge advocate— of 
marshal and members — of witnesses — 
fees — no allowance for guard, unless, 
&c. 

125. Allowance to members of volunteer 
companies — compensation list, how 
made out and certified — how examined 
and paid — action for non-payment — pe- 
nalty for neglect to certify and examine 
— Commonwealth to reimburse towns. 

126. Compensation to soldiers or their fami- 
lies, when injured or killed. 

127. Pay of troops in actual service — addi- 
tional pay to uniform troops — to those 
without imiform — to those providing 
their own arms — when discharged, how 
long paid. 

128. Pay rolls and claims for compensation, 
how examined and certified — ^liow al- 
lowed and paid. 

calling out the militia in case op 
war, invasion, insurrection, tu- 
mults, or riots. 

129. Militia, how called out, in case of inva- 
sion or insurrection. 

130. Drafts, how made. 

131. Drafls in companies without officers. 

132. Penalty for officers neglecting to march 
or disobepng — for soldiers. 

133. Selectmen to provide carriages, &c. — 
penalty on towns for neglect. 

134. In case of tumults, riots, mobs, &c. how 
the militia are to be ordered out — form 
of precept. 

135. Penalty of officer disobeying — of sol- 
diers and others. 

136. Troops to appear at rendezvous, and 
obey, &c. 

RULES AND ARTICLES FOR GOVERNING 
THE TROOPS OF THE COMMONWEALTH, 
AND THE MILITIA IN ACTUAL SERVICE. 

137. \Vho shall be taken to be a soldier. 

138. Offences punished by death, or, &c. 

i. Sedition. 

ii. Not suppressing sedition, nor giv- 
ing information of it. 
iii. Desertion, 
iv. Advising desertion. 
V. Misbehaving before an enemj' — 

abandoning post, &c. 
vi. Abandoning post or colors, to 

plunder, 
vii. Making known or falsifying watch- 
word, 
viii. Forcing a safeguard, 
ix. Harboring or relieving an enemy. 
X. Corresponding with an enemy. 



TITLE IV.] 



Chap. 12. 



39 



Section 

xi. Compelling commander to surren- 
der, 
xii. No sentence of death except by 
court martial. 

139. Offences of officers punished by cash- 
iering. 

xiii. Using traitorous or contemptuous 
expressions. 

xiv Neglecting to march, &c. 

XV. Disobedience of orders. 

xvi Provocation to duel. 

xvii. Giving or accepting a challenge, 
xviii. Upbraiding for not challenging, &c 

xix. Sufiering a person to pass a guard 
to fight a duel — not arresting per- 
sons about to fight. 
XX. Drunkenness on duty. 

xxi. Escaping from arrest. 

xxii. Behaving scandalously. 

xxiii. Embezzling, or committing fraud. 

xxiv. Wasting or selling stores. 

XXV. Not delivering offender to civil au- 
thority. 

140. Offences punished at discretion of court 
martial. 

xxvi. Preceding offences when commit- 

miited by soldiers. 
xxvii. Disrespect or contempt of com- 
manding officer, 
xxviii. Disobedience. 
xxix. Striking superior officer. 
XXX. Resisting any officer who attempts 

to quell a quarrel. 
xxxi. Not keeping order, redressing 

abuses, protecting citizens. 
xxxii. Being one mile from camp, &c. 

without leave in writing. 
xsdii. Being absent without leave. 
xxxiv. Not retiring to quarters at night. 
XXXV. Not repairing to rendezvous, un- 
less, &c. 
xxxvi. Sentinel found sleeping, &c. 
xxxvii. Occasioning false alarms. 
xxxviii. Leaving platoon, &c. 
xxxix. Offering violence to persons bring- 
ing provisions, 
xl. Disturbing courts martial, 
xli. Refusing to receive prisoner, 
xlii. Releasing a prisoner, 
xliii. Not reporting prisoners. 
xliv. Crimes not capital, nor specially 

enumerated, 
xlv. Officers absent from divine ser- 
vice, &c. 



Section 

141. Fines. 

xlvi. Soldiers absent from or behaving 

indecently during divine worship. 

xlvii. Profane cursing or swearing by 

officers, 
xlviii. Profane cursing and swearing by 
soldiers, 
xlix. Fines by court martieil. 
I. Fines stopped out of pay. 

142. li. Officers wronged by colonel. 

lii. Officer or soldier wronged by cap- 
tain. 

liii. Public stores secured. 

liv. Oldest officer to command, with- 
out regard to corps. 

Iv. Offenders to be delivered to civil 
authority. 

Ivi. Property of deceased persons se- 
cured. 

Ivii. Pay and rations. 

143. Courts martial, &c. 
Iviii. Arrests. 

lix. Length of imprisonment before 

trial. 
Ix. General and division courts martial, 

by whom ordered. 
1x1. Number of members of general 

court martial. 
1x11. Number of members of division 

and regimental courts martial. 
Ixiii. Power of regimental court martial, 
l.xiv. Post and detachment court mar- 
tial. 
Ixv. Courts martial in particular corps. 
Ixvi. Rank of members of court martial. 
Ixvii. Time of holding court martial. 
Ixviil. Rank in court martial. 
Ixix. Judge advocate. 
Ixx. Oath of president and members- 
oath of judge advocate. 
Ixxi. Witnesses refusing to appear and 

testify. 
Ixxii. Oath of witnesses. 
Ixxiii. Votes in court martial, two thirds 

necessary to capital sentence. 
Ixxiv. Proceedings to be trcuismitted to 

commanding officer. 
Ixxv. Pay may be suspended. 
Ixxvi. Pardon and mitigation of punish- 
ment. 

144. Construction of the word soldier. 

145. Word " selectmen" to include mayor 
and aldermen. 



EXEMPTIONS. 



Section. 1. The persons, mentioned in this and the two follow- Absolute ex- 
ing sections, shall he either absolutely or conditionally exempted from ^""P*^- 
military duty in this state, that is to say : besides the following per- 



100 Chap. 12. Sect. 2. [part i. 

sons absolutely exempted from military duty by the laws of the Uni- 
ted States, viz. — the vice president of the United States, the offi- 
cers, judicial and executive, of the government of the United States, 
the members of both houses of congress, and their respective offi- 

10 Pick. 153 cers, all custom house officers with their clerks, all postmasters, post 
officers, post riders, and stage drivers who ai-e employed in the care 
and conveyance of the mail of the United States, all ferry-men, em- 
ployed at any ferry on the post road, all inspectors of exports, all 
pilots, and all mariners actually employed in the sea service of any 
citizen or merchant within the tJnited States ; the persons hereinaf- 
ter mentioned shall also be absolutely exempted, notwithstanding 
their age may be more than eighteen years and less than forty five 
years, viz : 

Justices of the supreme judicial court and court of common pleas. 
Judges of the municipal court and of probate. 
' Registers of probate and of deeds. 
Sheriffs. 

All officers who have held, or may hereafter hold, commissions in 
the army or navy of the United States, for the term of five years. 

All officers who have held, or may hereafter hold, commissions in 
the militia of this or any other state of the United States, for the term 
of five years, or who have been or shall be hereafter superseded and 
discharged, or who have held, or shall hereafter hold, commissions in 
any corps, at the time when it is disbanded, and all staff officers, 
whose offices shall become vacant by the provisions of the seventy 
third section. 

Ministers of the gospel, of every denomination. 
The superintendents, other officers and assistants, employed in or 
about any department of the Massachusetts general hospital, in Bos- 
ton and Charlestown, and in the state lunatic hospital at Worcester, 
during the time of such employment. 

1809, 108, § 1. The officers and guards employed at the state prison in Charles- 
town, and in any of the jails and houses of correction in the Com- 
monwealth. 

Exempts by Sect. 2. The persons named in this section shall be absolutely 

Sfi°ates°^ '^^^' exempted from militia duty, upon producing certificates as hereinaf- 
ter prescribed. 

3 Pick. 226. AH enginemen throughout the Commonwealth, and members of 

14 Mass. 374 ^)^q fjj.g department in any town, who shall, within thirty days after 
their appointment, and afterwards annually, on or before the first 
Tuesday in May, produce to the commanding officer of the standing 
company, within whose bounds they severally reside, a certificate of 
their being enginemen, or members of said department, signed by the 
selectmen of the respective towns ; but, when any member of a vol- 
unteer company shall be afterwards appointed an engineman, or mem- 
ber of the fire department, it shall not vacate his enlistm.ent, but, dur- 
ing its continuance, shall exempt him from duty. 

Every person of either of the religious denominations of quakers 

17 Mass. 351. ^^ shakers, who shall, on or before the first Tuesday in May, annu- 
ally, produce to the commanding officer of the company, within 
whose bounds he resides, a certificate signed by two or more of the 
elders or overseers, (as the case may be,) and countersigned by the 



TITLE IV.] Chap. 12. Sect. 3. 101 

clerk of the society, with which he meets for religious worship, which 
shall he in substance as follows : 

We, the subscribers, of the society of the people called , 

m the town of , in the county of , do hereby certify 

that is a member of our society, and that he frequently 

and usually attends religious worship with said society, and we be- 
lieve is conscientiously scrupulous of bearing arms. 

A. B. ^ Elders or overseers, 
C. J). ) (as the case may be.) 

E. F., Clerk. 

Every non-commissioned officer or private, having any bodily in- ^^h^'^^f^f. 
firmity, may be exempted from military duty, if he shall obtain, from 540, 
the surgeon or sur&eon's mate of the redment or battalion to which '^Y'i'^^-^}i 

• • T • • 1 9 Mass 322 

he belongs, (or, if there be no such officers commissioned m said 14 Mass. 290. 
regiment, then from some respectable physician, living within the 1809, 108, § 29. 
bounds of the same,) a certificate that he is unable to do military 
duty, on account of bodily infirmity, the nature of which infirmity 
shall be described in said certificate ; and the captain or commanding 
officer of his company may, on the back of such certificate, dis- 
charge the non-commissioned officer or private named therein, from 
performing military duty, for a term of time which he shall judge 
reasonable, not exceeding one year, which, when countersigned by 
the colonel or commanding officer of said regiment or battalion, shall 
exempt him from all military duty for the time specified, except at- 
tendance at the election of officers ; and if any such non-commis- 
sioned officer or private, having obtained such certificate, shall be 
refused a discharge, or an approval of a discharge as aforesaid, he 
may apply to the commanding officer of the brigade, and if, upon 
examination of the case, such commanding officer shall be satisfied 
that said non-commissioned officer or private ought to be discharged, 
he may discharge him from military duty for such time not exceeding 
one year, as he shall judge reasonable, by certifying the same under 
his hand upon the surgeon's certificate. 

Sect. 3. All persons hereafter mentioned in this section, not- Conditional ex- 
withstanding their age be more than eighteen years, and less than forty j^g'^jos s 1 
five years, shall, upon the condition hereinafter mentioned, be ex- 1809| 108, § i. 
empted from all militia duty, except that of keeping themselves con- l^issa^oV^^^s 
stantly furnished with the arms and equipments required by law, and 3, 7. 1828, 123, 
of carrying or sending them on the first Tuesday of May, annually, Jgg^; J^^' ^ J* 
at one o'clock in the afternoon, to the place of inspection or view of 
arms of the company, within whose bounds each of such persons 
resides, and in which he is enrolled, and of attending elections of 
company officers, as hereinafter provided : 

All officers who have held, or may hereafter hold, commissions in 
the army or navy of the United States, for a term less than five years: 

All officers who have held or may hereafter hold, commissions in 
the militia of this or any other state of the United States, for a term 
less than five years : 

Every person, who has been, for seven successive years, since he 
was, by the laws of the United States, or of this Commonwealth, lia- 
ble to be enrolled in the militia, a member of the fire department of 
the city of Boston, who shall, on or before the first Tuesday of May 



102 Chap. 12. Sect. 4 — 5. [part i. 

in each year, produce to tlie commanding officer of the company, 
within whose bounds he resides and in which he is enrolled, a cer- 
tificate signed by the mayor of said city, that he has served as above 
mentioned ; upon condition, nevertheless, that each of the persons 
exempted by this section, (excepting those who have held commis- 
sions in the army and navy of the United States,) shall pay to the 
treasurer of the town, in which such person resides, the sum of two 
dollars annually, and shall produce his receipt therefor, to the com- 
manding officer of the company, on or before the first Tuesday in 
May in each year ; and such treasurer shall keep a separate account 
of the money so paid ; and the selectmen of the several towns, and 
the mayor and aldermen of any city, shall appropriate all money, 
which has been or shall be so paid, to the use of the several compa- 
nies in such town or city, in proportion to the number of active pri- 
vates borne on their rolls, on the first Tuesday of May in each year, 
in such manner, at such times, and for such purposes, as shall be re- 
quired by the commander in chief ; and any selectmen, or mayor and 
aldermen, who shall neglect or refuse to comply with the provisions 
aforesaid, shall severally be liable to the penalty, provided in such 
case in the one hundred and fifth section. 
Exemption for Sect. 4. No soldier shall be held to do duty, until the expira- 
firstenroimenu'^ tion of the six mouths allowcd him, after his first enrolment in the 
9 Mass. 31. militia of the United States, to procure equipments ; but he may, 
1 Pick. 194. during that time, vote in the election of officers. 

3 Pick! 262! 

ENROLMENT. 

^^Vd^^' ^d Sect. 5. Every able bodied white citizen, resident within this 

when. ' Commonwealth, who is or shall be of the age of eighteen years and 

under the age of forty five years, excepting persons absolutely ex- 
empted by the preceding sections, idiots, lunatics, common drunk- 
ards, vagabonds, paupers, and persons convicted of any infamous 
crime, shall be enrolled in the militia, and every such citizen, not 
holden by law to perform duty in the militia in any other manner, 
shall be enrolled in the company, within whose bounds he resides, 
by the captain or commanding officer of the same, and the clerk of 
said company shall assist his commanding officer in the performance 
of said duty. Such enrolments shall be made, from time to time, as 
each citizen shall arrive at the age of eighteen years, or shall come 
to reside within said bounds, or, without being exempted, shall cease 
to be holden to do duty elsewhere, and the commanding officer shall. 
Notice of en- without delay, notify such citizen of his enrolment, by a proper non- 
ro men . commissioned officer of such company, by whom such notice may 

be proved ; and any notice or warning, by a non-commissioned offi- 
Soldiers of any ccr, to attend any inspection, training, muster or election of offi- 
disbanded com- cers, shall be a legal notice of his enrolment. All non-commissioned 
charge'd from officcrs and privates, discharged from any company raised at large, 
volunteer corps, or having belonged to any such company, which is disbanded, shall 
U. S. St. 1792 be enrolled as privates in the standing company, within the bounds of 
?ns id°?fi' 1^90 which they severally reside ; and, in all cases of doubt, respecting 
and I 34 art ' the age of any person enrolled, the burden of proof shall be upon 
15; 1825', 141, him. 
§2. 



TITLE IV.] CiiAP. 12. Sect. 6 — 10. 103 

Sect. 6. Every keeper of any tavern or boarding-house, and ev- Infonnauon 
ery master and mistress of any dwelling-house, shall, upon application spectinff per- 
of the commanding officer of the company, within whose bounds f°"^ '' ii'V° 
such house is situated, or of any person acting under him and producing 
his written authority, give information of the names of all persons, re- 
siding in such house, and liable to enrolment, or to do military duty, penalty for refU- 
and every such person, so liable, shall upon the like application, give sing to g-ive in- 

, . J ^ J -f u 1 * • * formation or for 

his name and age ; and it any such keeper, master, mistress, or per- giving false in- 
son aforesaid, shall refuse to give such information, or shall give in- formation, see 
formation which is false, he shall be punished by fine, as is provided in fo Mass. 36. 
such cases respectively by the one hundred and third section. 1809, 108,520. 

Sect. 7. When it shall appear to the commanding officer of a Companies 
regiment or separate battalion, that any company, within his com- h^w^eMoUed"' 
mand, is without a commissioned officer, he shall issue his orders 
to the clerk of such company, to enrol all persons liable to do duty 
therein, and to return the roll thereof to him forthwith ; and if there 
be no clerk of such company, then such commanding officer shall 
require, in writing, the selectmen of the town or towns, in which 
such company is situated, to make out, and return to him within ten 
days, a list of the names of all the persons, liable by law to do mili- fit 

tary duty in such company ; and if any such clerk, or selectmen, o/sdectmen re- 
shall fail to comply, they shall suffer such penalty, as is provided in f"se. See $100, 
each case in the one hundredth and one hundred and fifth sections. isis, 153 § 1. 

Sect. 8. The commander in chief may issue his order for en- Militia how en- 
rolling the militia in any town, where they have never before been rolled where 

• • • tncrc hcis D6Gn 

enrolled, either into a separate company, or with any company, or no previous en- 
companies, the bounds of which are adjacent to the residence of l^o^f-^^ik'j 
such militia ; and the commanding officer of the regiment or battal- §91,' §60. 
ion, within the bounds of which they reside, whenever he shall re- 
ceive such order from the commander in chief, shall order the ad- 
jutant of his regiment or battahon to enrol such militia ; and if it be 
ordered to enrol them in any adjacent company, then to return such 
roll to the commanding officer of the adjacent company, within ten 
days from the date of the order therein ; and the commanding offi- 
cer of such company shall enter the said roll so returned in his roll, 
and the persons so enrolled shall be subject to all the duties, and lia- 
ble to all the fines and forfeitures, to which the other soldiers of such 
company are liable ; but if the commander in chief shall order that 
the persons so enrolled shall form a separate company, then the adju- 
tant shall return the roll to the commanding officer of the regiment 
or battalion, within ten days from the date of the order of such com- 
manding officer ; and the said commanding officer shall order elec- 
tions of officers, to be notified and held in such companies, as is pro- 
vided in the ninety first and sixtieth sections. 

Sect. 9. Every roll shall be kept in the form prescribed by the Roiis,howkept. 
commander in chief, for the returns of the militia to be made to the ral^o furnfsh^" 
adjutant general ; and the adjutant general shall furnish to every com- blanks, 
pany suitable blanks and instructions therefor. 6 Greenl.''^8. ' 

Sect. 10. If any non-commissioned officer or private shall, in persons con- 
due course of law, be convicted, in this or any other state, of any dieted of infa- 
infamous crime, he shall be forthwith disenroUed from the militia. be'dLen™ned° 

1809, 108, $ 34, 
art. 25. 



104 Chap. 12. Sect. U — 18. [parti. 

ORGANIZATION. 

Militia how or- Sect. 11. The comniander in chief, with the advice of the coun- 
fo Mass 623 ^^^ ^^ authorized to arrange the militia into divisions, brigades, regi- 
ments, battaUons and companies, conformably to the laws of the 
Divisions, &c. United States, and to make such alterations therein, as from time to 
to be numbered, ^j^j^g naay ]^q deemed necessary ; and each division, brigade and regi- 
8, ITOM 3-'^^' ment shall be numbered at the formation thereof, and a record made 
1809, 108, ^ 2. of such numbers in the adjutant general's office. 
Orders of com- Sect. 12. All ordcrs, from the commander in chief to the sev- 
h!)wcHstribut''edf ^ral corps, shall be distributed by the adjutant general, and he shall 
U. s. Stat. 1792, obey all such orders, relative to carrying into execution and perfect- 
^ ^' ing any system of military discipline^ established by law. • 

Volunteers how Sect. 13. The Several volunteer companies of cavalry, artillery, 
organized. light infantry, riflemen and grenadiers, in each brigade of militia, in 
which they exist in sufficient numbers, and are conveniently located 
for the purpose, shall be organized by the commander in chief, with 
the advice of the council, into regiments or separate battalions. 
Battalions and Sect. 14. Each battalion of cavalry or artillery shall consist of 
regiment^o^f ^^ ^^^ jggg ^^la^ two nor morc than three companies, and each regiment 
howmaiiycom- of cavahy Or artillery of not less than four companies ; and whenever 
panics to con- ^|-,g companies of artillery, cavalry, light infantry, riflemen or grena- 
1809, 108, §§14 diers, shall not exist in sufficient numbers, or shall not be so located 
152 i^h ^^^' ^^ ^° render such separate organization expedient, in the opinion of 
the commander is chief, they shall remain attached to the several regi- 
ments of infantry to vt'hich they now belong. 
Orders and re- Sect. 15. All Companies, which are attached to divisions or 
turns of voiun- brigades, and not to regiments, shall be subject to the immediate order 
noTatt°adied'to of the commanding officers of such divisions or brigades, until they 
regiments. are Otherwise organized ; and the commanding officers of divisions or 
brigades shall receive all returns and orders, have all the authority 
and perform all the duties, with regard to such companies, which are 
prescribed in this chapter to be received, exercised and performed, 
by the commanding officers of regiments and battalions, with regard 
to the companies of their respective regiments and battalions. 
Volunteer com- Sect. 16. If any Company, raised at large, shall at any time be 
panics twice re- destitute of commissioned officers, and, having been twice ordered to 
officers*" may ^^^ vacancies, shall neglect or refuse to fill them, such company may 
be disbanded, be disbanded, and the men who belonged to it shall in such case be 
d809, 108, § 16. gjjroUgji^ as is provided in the fifth section. 

Volunteers Sect. 17. Every non-commissioned officer and private, of any 

hoiden for seven company raised at large, shall be holden to do duty therein, for the 
^ars, except, ^gj.j^ ^f ggyg^ years, from the time of his enlistment, unless such 
§ 19- person shall, after his enlistment, become exempt by law, or be dis- 

art. ii. ' charged, as is provided in the nineteenth section ; but no exemption, 

existing at the time of his enlistment, shall be in such case an exemp- 
tion or excuse from military duty therein. 
Volunteers ex- Sect. 18. Evcry non-commisioned officer and private, in any 
empted from company raised at large, shall be exempted from military duty in the 
comp'an^es"'pro? Standing Company, within whose hmits he resides, provided he keeps 
vided, &c. himself properly armed and equipped and uniformed ; and when noti- 
^ fied of his enrolment in such standing company, or otherwise re- 



TITLE IV.] Chap. 12. Sect. 19 — 22. 105 

quested, produces within a reasonable time, to the commanding officer 1325, 153, s 4. 
of such standing company, a certificate from the commanding officer isas', 132', § 1. 
of his own company, that he does active duty therein ; and if any 
such non-commissioned officer or private remove out of the hmits, 
within which his company is raised, he shall continue to be a mem- 
ber thereof, provided he complies with the provisions aforesaid. 

Sect. 19. Every commanding officer of a brigade, upon applica- Volunteers, 
tion of the commanding officer of any company, raised at large, in 1^°^ discharged 
his brigade, may discharge any non-commissioned officer or private i809"fo8,'^§"34, 
from such company, and he shall forthvfith be enrolled in the stand- ^'"'- ^^■ 
ing company. 

Sect. 20. Each brigadier general may raise, by voluntary enlist- Brigade bands, 
ment, and organize, within his brigade, a band of music, not to exceed 
twenty four musicians, including one master and tvyo deputy masters, 
and may divide such band into sections, not exceeding three, and es- 
tablish them in such parts of his brigade, as he may think most for 
the good of the service, and may grant to the master, deputy masters 
and privates, warrants as such ; and such band shall be under the 
direction and command of the officer commanding the brigade. 

The master and deputy masters shall teach, lead and command Duty of masters 
such band, and issue all orders directed by said commanding officer ; masters!"'"^ 
and the said commanding officer shall order at least oiae section of 
said band, to attend at each regimental review within the brigade. 

And each -member of such band shall provide himself with such Members to pro- 
uniform, as may be directed by the commander in chief, and keep ^^"Ij; unlfbrmr* 
himself provided with such instrument or instruments, as may be di- and instruments. 
rected by the commanding officer of the brigade ; and, for any neg- i809^,'io8 Vi?" 
lect, deficiency or misconduct, shall forfeit such sums as are pre- i82i|[)2/§3. 
scribed in such case, in the one hundred and second section, and may 
be dismissed from the band by the commanding officer of the bri- 
gade. 

Sect. 21. The commanding officer of each company of artillery Artillery dri- 
may enhst three men to serve as drivers. 13Q9 jqs § 14. 

HOW OFFICERED. 

Sect. 22. The officers and non-commissioned officers of the General staff. 
militia shall be such as are described in this section : 

A commander in chief. 

An adjutant general, and a quarter master general, with the rank 
of brigadier general. 

Aids to the commander in chief, not exceeding four in number, 
with the rank of lieutenant colonel. 

To each division, there shall be one major general, and two aids Division offi- 
de camp, with the rank of major ; one division inspector, with the cers. 
rank of lieutenant colonel ; one division quarter master, with the rank 
of major ; one judge advocate, with the rank of major. 

To each brigade, there shall be one brigadier general ; one brigade Brigade officers, 
inspector, with the rank of major, to serve also as brigade major ; 
one brigade quarter master, with the rank of captain ; one aid de 
camp, with the rank of captain. 

To each regiment, there shall be one colonel, one lieutenant colo- j^g^j^^gj^j^j ^gj. 
nel, and one major ; one adjutant, one quarter master, and one pay- cers. 
14 



106 



Chap. 12. Sect. 23—25. 



[part I. 



Battalion o£S- 
cers. 



Company offi- 
cers. 



In cases of va- 
cancy, sickness, 
and absence, 
officers next in 
rank to com- 
mand. 

1809, 108, § 13. 
1820, 85. 



Companies 
without officers, 
how command- 
ed. 



§§ 51. 66. 



Companies 
without officers 
refusing to 
elect, how com- 
manded. 



§59. 



master, each with the rank of lieutenant ; one surgeon, one surgeon's 
mate, one chaplain, one sergeant major, one sergeant quarter master, 
one drum major, one fife major. 

To each separate battalion, there shall be one major ; one adjutant 
and one quarter master, each with the rank of lieutenant ; one sur- 
geon ; one sergeant major, and one sergeant quarter master. 

To each company of infantry, light infantry, or riflemen, there 
shall be one captain ; one lieutenant ; one ensign ; four sergeants ; 
four corporals ; one or more fifers, or buglers ; and one or more 
drummers. 

To each company of artillery, there shall be one captain, two lieu- 
tenants, four sergeants, four corporals, one or more drummers, and 
one or more fifers. 

To each company of cavalry, there shall be one captain, two lieu- 
tenants, one cornet, four sergeants, four corporals, one saddler, one 
farrier, and one or more trumpeters. 

To every two or more companies of cavalry, artillery, light infan- 
try, or riflemen, in a brigade not attached to any regiment, there 
shall be one surgeon. 

To every company, there shall be one clerk, who shall be one of 
the sergeants. 

Provided nevertheless, that every corps, organized before the eighth 
day of May, in the year one thousand seven hundred and ninety two, 
shall continue to be officered as before that time. 

Sect. 23. Whenever the office of major general, brigadier gen- 
eral, colonel, major commandant, or captain, shall be vacant, or such 
officer shall be sick or absent, the officer next in rank shall command 
the division, brigade, regiment, battalion, or company, until the va- 
cancy be supplied : and whenever the office of quarter master gen- 
eral shall be vacant, the duties thereof shall be performed by the 
adjutant general. 

Sect. 24. Whenever a company shall have neither commis- 
sioned nor non-commissioned officers, the commanding officer of the 
regiment or battalion, to which such company belongs, shall appoint 
suitable persons, within said company, to be non-commissioned offi- 
cers of the same, and shall appoint one of the non-commissioned 
officers to be clerk, and indorse the appointment on his warrant, and 
administer the oath to him, and certify the same, as required by the 
fifty first and sixty sixth sections : and the senior non-commissioned 
officer of a company without commissioned officers, shall command 
the same, except upon parade, and except as is provided in the fol- 
lowing section. 

Sect. 25. Whenever any company shall be first enrolled, or 
shall be without officers, from any cause whatever, and an election of 
officers shall be ordered, and such company shall neglect or refuse to 
elect any officer, or no persons elected shall accept, the commanding 
officer of the regiment or battalion, to which such company belongs, 
shall detail some officer of the staff, or of the line of the regiment, to 
train and discipline said company, until some officer shall be elected 
or appointed by the commander in chief, as provided in the fifty ninth 
section ; and such officer shall have the same power and authority, 
and be subject to the same Habilities, as if he were captain of such 



TITLE IV.] Chap. 12. Sect. 26—29. 107 

company ; and he shall keep the records of the company and prose- Records, how 
cute for all fines and forfeitures, in like manner as a clerk might do, ^*\Pj2. 
by the provisions of the one hundred and twelfth section; and all Meetings, how 
meetings of such company shall be notified, as provided in the ninety ^°^f^'^- 
first section. 

Sect. 26. Whenever the office of clerk in any company shall Duties of clerk, 
become vacant, and it shall appear to the commanding officer of said ^ow performed 
company, that there is satisfactory evidence, that no person will ac- cancy. 
cept the same, he may issue his order in writing to any non-commis- 
sioned officer or private in said company, requiring him to perform 
all the duties of clerk of said company, except keeping the records, 
for a term not exceeding three months ; and if any non-commissioned 
officer or private, so appointed, shall refuse or neglect to perform all 
or any of the duties of said office, during said term, (except keeping 
the records,) he shall forfeit and pay the sum provided in such case, 
in the one hundredth section, to the use of the company. § 100. 

And in case of the absence, sickness, or other inability of the clerk pro tem. 
clerk of any company, the commanding officer of the company may when and how 
appoint a clerk pro tempore ; or, upon satisfactory evidence, that no ^PP°'" ^ 
one in the company will accept the office pro tempore, he may order 
any non-commissioned officer or private, in like manner, to perform 
all the duties of the office of clerk, until the clerk shall be able to 
perform the same, or some other person shall be appointed ; and any 
person so ordered, refusing or neglecting to perform all the duties of 
said office, shall be liable to the penalties provided in such case, in 
the one hundredth section. § 100. 

In all such cases, the records of the company shall be kept by the Records, how 
commanding officer, as long as such vacancy, absence, sickness, or evidence, 
inability shall continue ; and the records so kept shall be competent 1809, 108, § 13. 

•J f 1 1 J * • * » 11 f 1825,153,66 3, 

evidence oi such orders and temporary appomtments, as well as ol g 7/ ' ^^ ' 
all other matters, of which such records would be evidence, if kept 
by the clerk. 

ROSTERS, ROLLS AND RETURNS. 

Sect. 27. The oldest aid de camp of each major general, the Rosters and 
brigade major of each brigade, and the adjutant of each regiment, by whomkVt'. 
battalion, or corps, shall constantly keep a correct roster of the divi- 1809, los, § 34, 
sion, brigade, regiment, battalion, or corps, to which they respec- ^^' ' 
tively belong, and an orderly book, in which they shall record all 
orders received and issued. 

Sect. 28. A fair and exact roll of each company shall be kept Rolls, how kept, 
by the clerk, under the direction of the commanding officer, with the 
state of the arms and equipments, belonging to each man, in the form 
prescribed by the commander in chief, for the returns of the militia ; 
and the rolls shall be annually revised in the month of May, and shall ~^°^^ ^r 
also be corrected, from time to time, as the state of the company and "n^May!^^^'*^ 
the alterations in it may require. 

Sect. 29. An orderly book shall also be kept in each company Company or- 
by the clerk, under the direction of the commanding officer, and all how^''""^^' 
the proceedings of the company, all orders received and issued, and 
exact details of all drafts and detachments, shall be recorded therein. 

All delinquencies and deficiencies, accounts of all fines and forfeit- Delinquencies, 



108 



Chap. 12. Sect. 30—35. 



[part I. 



fines, and mon- 
eys received, 
&c., to be re- 
corded. 
1809, 108, $ 8. 



Orders, by 
whom distrib- 
uted. 
U. S. St. 1792, 

1809, 108, §1 8. 



Inspection re- 
turns of compa- 
nies how made. 



Returns of regi- 
ments and bat- 
talions. 
— of brigades. 
1809, 108, § 34, 
Art. 13. U. S. 
St. 1792, § 6. 



Muster returns. 
U. S. St. 1792, 
§10. 



Adjutant gene- 
ral's returns to 
the governor 
and president. 
U. S. St. 1792, § 
6, and 1803, 
§1. 



Blank forms of 
rolls and re- 
turns. § 6. 
U. S. St. 1792, 
1809, 108, ^ 27. 
5 Greenl. 458. 
Annual lists of 
volunteer com- 
panies to be fur- 
nished to colo- 
nels. 

1809, 108, § 34; 
Art. 12. 



ures, and other moneys collected by him, with the persons' names of 
whom they were collected, and the times when, and for what offence, 
neglect, default or deficiency they were incurred, shall also be re- 
corded in said book, which shall not be alienated from the com- 
pany, and shall always be open to the inspection of any officer of the 
company. 

Sect. 30. All general orders shall be distributed by the adjutant 
general, all division orders by one of the aids of the commanding offi- 
cer of the division, all brigade orders by the brigade major, all regi- 
mental and battalion orders by the adjutant, all company orders by 
the clerk, or by any non-commissioned officer or private, whenever 
they shall be severally required by the commanding officer. 

Sect. 31. Every captain or commanding officer of a company 
shall make a return of the state of his company, comprehending the 
names of all the men belonging thereto, and all their arms, equip- 
ments and ammunition, to the commanding officer of the regiment 
or battalion, in the month of May annually, according to the form 
furnished by the adjutant general ; and the commanding officer of any 
divisionary corps shall make a duplicate return to the adjutant general 
within said month. 

Every commanding officer of a regiment or battalion shall make a 
return of the state of his regiment or battalion, to the commanding 
officer of the brigade, in the month of June annually ; and every 
commanding officer of a brigade shall make out duplicate returns of 
the state of his brigade, one of which he shall transmit to the com- 
manding officer of the division to which he belongs, and the other to 
the adjutant general, in the month of July annually. 

Sect. 32. The brigade major and inspector shall make returns 
to the adjutant general, once in each year, of the militia of the brigade 
to which he belongs, reporting therein the actual situation of the 
arms, accoutrements, and ammunhion of the several corps, and every 
other thing, which, in bis judgment, may relate to the government of 
the militia, and to the general advancement of good order and military 
discipline. 

Sect. 33. The adjutant general shall make proper abstracts from 
the returns of the commanding officers of brigades and divisionary 
corps, and lay the same before the commander in chief annually. 

He shall also make a return annually in duplicate of all the militia 
in the state, with their arms, accoutrements, and ammunition, accord- 
ing to such directions, as he may receive from the secretary at war 
of the United States, one copy of which he shall deliver to the com- 
mander in chief, and transmit the other to the president of the United 
States, on or before the first Monday in January annually. 

Sect. 34. The adjutant general shall furnish blank forms of 
rolls and of the different returns that may be required, and explain 
the principles upon which they should be made. 

Sect. 35. The captain or commanding officer of every com- 
pany raised at large shall, annually, in the month of April, make out 
a list or lists of the names of the men belonging to his company, and 
deliver the same to the commanding officer of each regiment, within 
whose bounds any of such men reside. 



TITLE IV.] Chap. 12. Sect. 36 — 39. 109 



EQUIPMENTS. 

Sect. 36. Every citizen when first enrolled in the militia and Soldiers how to 
notified, shall, within six months thereafter, provide himself with a ^^t^XTi^^*^ 
good musket or firelock, with a bore sufficient for balls of the months after en- 
eighteenth part of a pound, a sufficient bayonet and belt, two spare "^o^i^^^^t. 
flints, and a,knapsack, a cartridge box to contain not less than twenty 
four cartridges suited to the bore of his musket or firelock ; twenty 
four such cartridges, each cartridge to contain a proper quantity of 
powder and ball ; or with a good rifle, knapsack, shot-pouch, and 
powder-horn, twenty balls suited to the bore of his rifle, and a quarter 
of a pound of powder. 

The commissioned officers shall be severally provided with a sword officers, how 
or hanger ; and all soldiers shall, after said six months, be constantly ?,q"ippe'^- , 

. ,^ , . , ' , . . ' , , , •' Soldiers to keep 

provided with arms, accoutrements, and ammunition, agreeably to the equipped. 
laws of the United States. The arms, ammunition, and accoutre- Arms, &c. to 
ments of the militia shall be inspected by the brigade inspectors, at ^^ inspected. 
the annual reviews of the militia, composing their several brigades. 

Sect. 37. No private shall be considered unable to provide him- inability of pri- 
self with the arms and equipments, required in the preceding section, vate to equip 
unless he shall, between the first day of April and the first Tuesday ^"^^yfl' ''°^ 
in May, produce to the commanding officer of the company to which 
he belongs, a certificate of such inability from the overseers of the 
poor of the town, where he resides ; and such commanding officer 
shall forthwith lay said certificate before the selectmen of the town ; 
and the selectmen shall forthwith, at the expense of their respective Equipments to 
towns, provide for every such private the arras and equipments re- be supplied by 
quired as aforesaid, and they shall deposite the same in some safe and *^ ^*=^™^"- 
convenient place, and shall permit the commanding officer of the 
company, to which said private belongs, to dehver such arms and 
equipments to such private, whenever he shall be required by law to 
use the same ; and the said commanding officer shall be responsible 
for the safe return of such arms and equipments to the place of de- Penalty for 
posit : and if the selectmen shall neglect to provide arms and equip- n-^f,'*^*^* '° ^^'^' 
ments as aforesaid, each of them shall forfeit the sums provided in ?• 105. 
such case by the one hundred and fifth section. ^"^^' ^^^' ^ ^^ 

Sect. 38. All parents, masters, and guardians, shall furnish Minors, how 
minors under their care, enrolled in the militia, with the arms and ^'1"'PP*^ • 
equipments required by law ; and if any parent, master, or guardian —when miaWe, 
shall neglect to provide such minor with any of such arms and equip- 1809^108^^128. 
ments, he shall be hable to the fines and forfeitures, provided in such 
case by the one hundred and fourth and ninety ninth sections, for §«J 104. 99. 
every such deficiency or neglect, unless he shall, before the first 
Tuesday in May annually, produce to the commanding officer of the 
company, in which such minor is enrolled, a certificate from the over- 
seers of the poor of the town, in which such minor resides, of his in- 
ability to provide arms and equipments as aforesaid, and upon the 
production of such certificate, the same proceedings shall be had, as 
are prescribed by the preceding section, and under the same penalty. 

Sect. 39. Every officer of the line and staff, and every officer Whatimiform 
and soldier of any uniformed company, shall provide himself with an '" ^e provided 
uniform complete, which shall be such as the commander in chief ~ ' "'^ 



110 



Chap. 12. Sect. 40—44. 



[part I. 



$99. 

Cavalry, how 
equipped. 



If unprovided 
with horse, &c. 
more than three 
months, to be 
discharg-ed. 
1809, 108, § 15, 
U. S. St. 1792, 
§4. 

Artillery, how 
equipped. 

§99. 

— to have can- 
non, &c. 
§44. 

Uniform, arms, 
&c. exempt 
from attach- 
ment, &c. 



Colors to be 
furnished and 
preserved. 



Instruments of 
music to be 
furnished and 
preserved. 
1809, 108, § 27. 



Blank rolls, &c. 
to be furnished. 
§ 34. 

Cannon, die. to 
be furnished to 
artillery ; 
1809, 108, § 14. 



shall prescribe, and subject to such restrictions, limitations, and alter- 
ations as he may order ; and every such soldier deficient therein shall 
be liable to the penalty provided in the ninety ninth section. 

Sect. 40. Every non-commissioned officer and private in a 
company of cavalry shall furnish himself with a serviceable horse, at 
least fourteen hands and a half high, a good saddle, bridle, mail pillion 
and valise, holsters, and a breast-plate and crupper, a pair of boots 
and spurs, a pair of pistols, a sabre, and a cartouch box to contain 
twelve cartridges suited to his pistols, and shall be liable, for defi- 
ciencies at any parade, to the forfeitures provided in such case in the 
ninety ninth section ; and if any non-commissioned officer or private 
shall, for more than three months, be unprovided with a horse and 
equipments as aforesaid, the commanding officer of his company may 
apply to the commanding officer of the brigade, who shall discharge 
such non-commissioned officer or private from such company. 

Sect. 41. Each officer, non-commissioned officer, and private 
in the artillery, shall furnish himself with a sword or hanger and belt, 
and shall be liable for any deficiency to the penalty provided in such 
case in the ninety ninth section ; and every company of artillery shall 
have the field pieces, apparatus and other articles specified in the 
forty fourth section. 

Sect. 42. Every officer, non-commissioned officer and private, 
shall hold his uniform, arms, ammunition and accoutrements required 
by law, free from all suits, distresses, executions, or sales for debt 
or payment of taxes. 

articles furnished. 

Sect. 43. Each regiment and battalion shall be furnished by the 
Commonwealth with the state and regimental colors, and their staffs, 
belts and sockets, and the commanding officer of such regiment or 
battalion shall be responsible for the safe keeping of the same. 

Each company of artillery, infantry, grenadiers, light infantry and 
riflemen, shall be furnished with a drum and fife, or bugle horn, and 
each company of cavalry with a trumpet, and all of them with more 
or other instruments of music, as the commander in chief shall order ; 
and each commanding officer of a brigade is authorized to draw orders 
upon the quarter master general, or officer acting as such, in favor of 
the commanding officers of regiments, battalions and companies, for 
such colors and instruments of music ; and the commanding officers 
of companies shall be responsible for the safe keeping of the instru- 
ments of music, delivered to them for the use of their companies. 

Blank rolls, returns, company orders, and notifications to the sol- 
diers, shall be furnished by the adjutant general, as provided in the 
thirty fourth section. 

Sect. 44. Each company of artillery shall be provided, by the 
quarter master general or officer acting as such, with two good brass 
field pieces, of such calibre as the commander in chief shall direct, 
with carriages and apparatus complete ; with an ammunition cart, 
forty round shot, forty rounds of cannister shot, tumbrils, harness, im- 
plements, laboratory and ordnance stores, which may, from time to 
time, be necessary for their complete equipment for the field ; and a 
quantity of powder, annually, not exceeding one hundred pounds, to 



TITLE IV.] Chap. 12. Sect. 45 — 49. Ill 

be expended on days of inspection and review, and in experimental 
gunnery ; and the commanding officer of each company shall be ac- ^^ preserved, 
countable for the preservation of the pieces, apparatus, and ammuni- 
tion aforesaid, and for the proper expenditure of the ammunition. 

Sect. 45. The commanding officer of each company, at every Horses to be 
inspection and review, and whenever the company shall be ordered P''°^"^^*^- 
to march out of the town, where the gun house is situated, shall pro- 
vide horses to draw the field pieces and tumbril, and present his ac- 
count of the expenses thereof, as provided in the one hundred and § 128. 
twenty eighth section. 

Sect. 46. Every town shall constantly keep deposited, in some Musket balls, 
suitable and convenient place therein, one hundred pounds of musket ^°'s, kettles, 
balls, each of the eighteenth part of a pound ; one hundred and twen- vided°and stor- 
ty eight flints, suitable for muskets ; three copper, iron, or tin camp ed by towns, 
kettles, for every sixty four soldiers enrolled in said town, and the 
same proportion of the aforesaid articles for a greater or less number. 

Whenever, in the opinion of the commander in chief, it shall be Powder to be 
necessary, he shall issue his proclamation, requiring all towns to pro- stored by 
vide and deposite, in some suitable and convenient place therein, towns, in case, 
sixty four pounds of good powder, for every sixty four soldiers as 
aforesaid, and in the same proportion for a greater or less number, 
and so to keep the same, until he shall by proclamation declare the 
same no longer necessary ; and each town shall forthwith provide and 
deposite such quantity of powder, and keep the same deposited as is 
thereby required. 

Any town, which shall neglect to provide and keep deposited all ^''"^"y for 
or any of the aforesaid articles as above required, shall forfeit the sum § foe. 
provided in the one hundred and sixth section. 

Sect. 47. The selectmen of every town shall, annually, in the Schedules of 
month of May, make out a schedule of all the articles of military to'be^Snnu'any 
stores, with which their respective towns are supplied, and deliver furnished by 
the same to the commanding officer of any regiment, the whole or May. 
any company of which is enrolled in such town ; and it shall be the 1821, 92, § 8. 
duty of such commanding officer to annex a copy or abstract of the 
same to his next regimental return, to be transmitted to the adjutant 
general ; and if any selectmen shall fail to make a return as aforesaid. Penalty for 
each of them shall forfeit the sum provided in such case in the one § fos? " 
hundred and fifth section. 

APPOINTMENT AND ELECTIONS OF OFFICERS. 

Sect. 48. The officers of the line of the militia shall be elected Officers of the 

n 11 • line, how elect- 

in manner lollowmg : ed. 

Major generals, by the senate and house of representatives, each 1809, 108, § 3. 
having a negative upon the other : 

Brigadier generals, by the written votes of the field officers of the 
respective brigades : 

Field officers of regiments and battalions, by the written votes of 
the captains and subalterns of the respective regiments or battalions : 

Captains and subalterns of companies, by the written votes of the 
non-commissioned officers and privates of the respective companies. 

Sect. 49. The staff officers of the militia shall be appointed in Staff officers, 

^ ,, . * ' how appointed. 

manner loUowmg : 1809, 108, % 

3. 5. 



112 



Chap. 12. Sect. 50—53. 



[part I. 



1814, 73, § 2. 

Non-commis- 
sioned officers, 
how appointed. 
1809, 108, % 



Officers, how 
commissioned. 



Warrants of 
non-commis- 
sioned officers. 
Certificates of 
clerks' appoint- 
ments. 

11 Pick. 355. 
8 Pick. 449. 
Persons iueh'gi- 
ble to military 
offices. 

When such per- 
sons elected, 
commander in 
chief to appoint. 
1835, 144, § 2. 

Rank of officers, 
how determined. 



Commission 
shall express 
date of appoint- 
ment. 



The adjutant general, by the commander in chief : 

The quarter master general, by the commander in chief, with the 
advice and consent of the council : 

The aids to the commander in chief, by the commander in chief : 

The division inspectors and division quai'ter masters, by the com- 
mander in chief : 

The aids de camp of major generals, by the respective major 
generals : 

The judge advocates, by the respective major generals, and ap- 
proved by the commander in chief : 

The brigade majors, and inspectors, brigade quarter masters, and 
aids de camp to brigadier generals, by the respective brigadier gen- 
erals : 

Adjutants, pay masters, quarter masters, chaplains, surgeons, and 
surgeons' mates of regiments, by the respective colonels : 

Adjutants, quarter masters and surgeons of battalions, by the re- 
spective commanding officers : 

Surgeons of two or more independent companies in a brigade, by 
the brigadier general. 

Sect. 50. The non-commissioned officers in the militia shall be 
appointed in manner following : 

Sergeant majors, sergeant quarter masters, drum majors and fife 
majors of regiments, by the commanding officer of the regiment : 

Sergeant majors and sergeant quarter masters of battalions, by the 
officer commanding : 

Non-commissioned officers of companies, by the respective cap- 
tains, who shall forthwith return the same in writing to the command- 
ing officer of the regiment or battalion : 

Clerks, by the commanding officers of the respective companies. 

Sect. 51. All commissioned officers shall be commissioned by 
the commander in cliief, according to the respective offices and 
grades, to which they may be elected or appointed. 

Every non-commissioned officer's warrant shall be given and sign- 
ed by the commanding officer of his regiment or battalion. 

Clerks shall have their appointments certified on the back of their 
warrants, by the commanding officers of their respective companies. 

Sect. 52. No idiot, lunatic, common drunkard, vagabond, pau- 
per, nor any person convicted of any infamous crime, nor any other 
than white, able bodied, male citizens, shall be eligible to any office ; 
and whenever it shall appear to the commander in chief, that any per- 
son, thus ineligible, has received a majority of votes cast at any elec- 
tion of officers, he shall not commission him, but, with the advice 
and consent of the council, shall declare said election null and void, 
and appoint some person to fill the vacancy. 

Sect. 53. All commissioned officers shall take rank, according 
to the date of their commissions ; and when two of the same grade 
bear an equal date, their rank shall be determined by lot, to be drawn 
by them before the commanding officer of the division, brigade, regi- 
ment, battalion, company or detachment, or president of a court 
martial, as the case may be. 

The day of the appointment or election of any officer shall be ex- 
pressed in his commission, and shall be considered as the date of his 



TITLE IV.] Chap. 12. Sect. 54— 59. 113 

commission. Whenever he is transferred to another corps or sta- u. s. st. 1792 
tion of the same grade, the date of the original appointment shall be | ^ ; I809, 108, 
so expressed and considered the date of his commission. 

Sect. 54. Whenever any officer shall lose his commission, upon Lossofcommis- 
his affidavit made before any judge or justice of a court of record, io°Qg^'\?£''®/fi2 
and produced to the adjutant general, a 'duplicate commission shall ' 
issue of the same tenor and date. 

Sect. 55. Whenever any person shall be elected major general. Major general, 
he shall be notified of his election by the secretary of the Common- ekction,^to sL- 
wealth, and shall, within thirty days after such notice, signify to the nify his accept- 
secretary his acceptance of said office, otherwise he shall be taken to days.^* ° 
have refused the same. 

Sect. 56. The major general of each division shall order elec- Major g^enerais 
lions to fill all vacancies which shall occur in his division in the office [rons oTaH coin- 
of brigadier general, field officer, captain or subaltern officer ; and missioned offi- 
such elections shall be' ordered, throughout each division, at least JgoD 108 § 6. 
once in each year, the elections of company officers first, and those 
of field officers next. 

Sect. 57. All electors shall be notified of elections at least ten Electors to have 
days previously thereto. I8097i08°f6; 

Sect. 58. No officer, below the rank of a field officer, shall who'maypre- 
preside at any election of any officer above the rank of a subaltern side at eiec- 
officer ; nor shall any officer, who is a candidate for the vacant office, 
preside at the election, except to adjourn the meeting, if no field offi- 
cer appear to preside. 

When it shall appear that any person has a majority of written Officers elected 
votes of the legal electors, the presiding officer shall forthwith notify Election's aad 
him of his election, and make return of every election, or neglect or refusals, how 
refusal to elect, to the commanding officer of the division ; and every Accepunces 
person so elected and notified shall declare his acceptance, if a briga- «hen notified. 
dier general or field officer, within ten days, or, if a company officer, time"Tecorded. 
forthwith, otherwise it shall be taken that he has refused such office. Elections may 
And if, before the meeting for the election of any officer is dissolved, journed^jtwo 
the person chosen shall signify to the presiding officer his refusal to days each, 
accept such office, the same shall be recorded and make part of his eketorTmusT "'^ 
return, and he shall cause the electors to proceed to the choice of be present, 
some other person. Elections may be adjourned, not exceeding ^^^> ^^^> ^ ^^• 
twice, and each adjournment for a period, not exceeding two days, 
and no company election shall be legal, unless a majority of the quali- 
fied voters of the company are present at such election, nor unless it 
be notified in the manner prescribed in the eighty ninth section. ^ ^^• 

The original roster of the brigade, regiment, or battalion, or the Rosters and 
original roil of the company, as the case may be, shall be produced ducerrat^el^c"* 
at all such elections, by the person having the legal custody of the tions. 
same. 

Sect. 59. Whenever the electors shall nedect or refuse to elect ^^'''^" electors 

-,, „ , °i • 1 • r • 1 1 refuse, governor 

some person to fill a vacant office, the commander m chiei, with the to appoint. 
advice and consent of the council, shall appoint some suitable person In caseofrefu- 
to the same ; and if any company raised at large shall, at any two officers to be 
or more elections, neglect or refuse to elect any officer, it may be appomted-— 

volunteers qis~ 

disbanded by the commander in chief. banded on refu- 

The commanding officer of the division shall return all elections, !*"& *^'<=^: , 

" Returns of elec- 

15 



114 



Chap. 12. Sect. 60—65. [part i. 



tions, and refu- 

SclIs. 

New election 

ordered, unless, 

&c. 

1809, 108, § 6. 

Elections in 

companies 

without officers 

may be ordered 

by colonel. 

1825, 153, § 1. 



Commissions, 
how transmit- 
ted. 
1809, 108, § 6. 

Notice given, if 
officers refuse to 
be qualified. 
1821, 32, § 2. 



Candidates not 
to treat with 
ardent spirits. 
1829, 115, § 3. 

Persons on 
military duty, 
privileged from 
arrest on civil 
process. 
1809, 108, $ 11, 



Oath of com- 
missioned offi- 

1809, 108, § 7. 



How adminis- 
tered and certi- 
fied. 



Form of' 
certificate. 



and refusals or neglects to elect, to the commander in chief, and unless, 
in the case above provided, he shall be notified by the commander in 
chief of his intention to make an appointment, he may (if necessary,) 
order a new election. 

Sect. 60. Whenever any company shall be newly enrolled, or 
from any other causes, shall be without commissioned officers, the 
commanding officer of the regiment or battalion, without any order 
from the commanding officer of the division, may order an election of 
officers to the same as soon as may be, and preside, or detail some 
field officer to preside ; and all proceedings shall be had as before 
provided. 

Sect. 61. All commissions shall be transmitted to the com- 
manding officers of divisions, and by them, through the proper officers, 
to the officers elected. 

Sect. 62. Whenever any person, elected or appointed to any 
office, shall refuse to accept his commission, or to qualify himself at 
the time of his acceptance, the major general shall certify the fact on 
the back thereof, and return the same to the adjutant general ; and if 
the office be elective, a new election shall be ordered. 

Sect. 63. It shall not be lawful for any candidate for any office 
in the militia, either pending or after an election, to treat with ardent 
spirits the persons attending such election. 

Sect. 64. No officer, non-commissioned officer, or private, 
shall be arrested on any civil process, while going to, remaining at, or 
returning from, any place, at which he may be ordered to attend, for 
election of officers or other military duty. 

OFFICERS HOW QUALIFIED. 

Sect. 65. Every commissioned officer, before he enters on the 
discharge of the duties of his office, or exercises any command, shall 
take and subscribe the following oaths and declarations. 

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

" I, A. B., do solemnly swear and affirm, that I will faithfully and 
impartially discharge and perfornn all the duties incumbent on me as 
, according to the best of my abilities and un- 
derstanding, agreeably to the rules and regulations of the constitution 
and the laws of this Commonwealth. So help me God." 

"I, A. B., do solemnly swear, that I will support the constitution 
of the United States." 

Which oaths each commissioned officer shall take and subscribe, 
before some justice of the peace, or before some general or field of- 
ficer, who has previously taken and subscribed them himself; and, 
on the back of every commission, the following form of certificate ot 
qualification shall be printed, and shall be signed by the person, be- 
fore whom such officer is qualified : 

This may certify that A. B., commissioned as within on this 
day of A. D. , personally appeared and took 

and subscribed the oaths required by the constitution and laws of this 
Commonwealth, and a law of the United States, to qualify him to 
discharge the duties of his office. Before me, 



TITLE IV.] Chap. 12. Sect. 66 — 71. 115 

Sect. 66. Every clerk of a company, before he enters upon Clerk's oath, 
the duties of his clerkship, shall be sworn to the faithful discharge of ^^^^' ^^^> ^^' 
his duty, by taking the following oath, before the commanding officer 
of the company to which he belongs, who is hereby authorized to 
administer the same, viz : 

" I, A. B., do solemnly swear, that I will faithfully and impartially 
perform all the duties incumbent on me, as clerk of the company to 
which I belong, according to the best of my abilities and understand- 
ing. So help me God." 

The commanding officer of such company shall, at the time of Certificate, 
administering said oath, certify on the back of the warrant of the ser- 
geant, appointed to be clerk, that he was duly qualified, by taking the 
oath required by law. 

HOW OFFICERS ARE DISCHARGED. 

Sect. 67. Whenever any officer of the militia shall in writing Discharges of 
request his dischai'ge, and his request shall be approved by the com- their^own"*" 
manding officers of the regiment or battalion, brigade and division, to request. 
which he belongs, the comiDander in chief may discharge him from ' ' ^ * 
the office which he holds. 

Sect. 68. No commanding officer shall approve a resignation, as Time and con- 
provided in the preceding section, if the same be offered between the naibn^s."*^ '^^^'^' 
first day of May and the first day of November, unless the reasons 1809, lbs, § 34, 
for such resignation be very urgent and proved to his satisfaction, and ^^^' ^' ^^' 
the rolls, orderly book, roster, and all other documents, which were 
in the custody of the officer resigning, shall be taken care of, for his 
successor or the officer having a right to the custody of the same, 
before his discharge is dehvered to him. 

Sect. 69. If any officer shall unreasonably refuse to approve Remedy in case 
any resignation, and the same be made to appear to the officer or ren^aTro°ap^'*^ 
officers above him in command, he or they may approve the same i>rove resigna- 
notwithstanding, and the commander in chief may, in all cases, dis- ^'°°^" 
charge the officer, if it shall appear to him proper. 

Sect. 70. No officer shall resign while under arrest. No resignations 

Sect. 71. No officer shall be discharged by the commander in Trrest.*"* ^^ 
chief unless upon his own request, except in the following cases : 1S09> 108, § 34, 

With the advice and consent of the council, upon petition of one t,.' ' 

/. , . . ^y, ^11 Discharges 

or more ot his superior officers. without re- 

When it shall appear to the commander in chief, that he has be- q"^^*- 
come unable or unfit to discharge the duties of his office, and to ex- ^^ie^^d"uiX' 
ercise proper authority over his inferior officers and soldiers, or that and convicts.' 
he has been convicted of any infamous crime. 

When the commanding officer of his division shall certify, that he Persons who 
has, either before or after receiving his commission, removed his ^^^'^ removed, 
residence, out of the bounds of his command, to so great a distance, 
that in the opinion of such commanding officer, it is inconvenient that 
he should exercise his command. 

When such commanding officer shall certify, that he has been Absent more 
absent from his command more than one year, without leave of such wiu!o°Ueave'[ 
commanding officer. 

Upon address of both houses of the legislature to the governor. one"isiature! 

Upon sentence of a court martial, after a trial according to law. By semeucc of 

*■ court martial. 



116 



Chap. 12. Sect. 72—78. 



[part I.' 



By disbanding 
of corps. 
1809, 108, § 34, 
art. 2. 8. 9. 
1835, 144, §§ 
2.3. 

Dischajges by 
appointment in 
the army. 

Penalty for con- 
tinuing to act 
§101. 

Expiration of 
commissions of 
staff. 



Resignation of 
clerks and non- 
commissioned 
officers. 
9 Pick. 41. 



System of dis- 
cipline. 
U. S. Stat. 1820, 

1829, § 1. 



Inspection on 
first Tuesday 
of May. 
1809, 108, 65 
8. 18. 
1821, 92, § 4. 



Selections from 

militia law to be 

read. 

1809, 108, § 34, 

art. 36. 

Company 
pciraaes. 



Reviews. 
1809, 108, ^ 
n. 25. 

]J22, 102, § 1 
1829; 115, i^S 5. 
Time and place 
of review. 



When the corps to which he belongs is disbanded according to 
law. In all which cases, he may be discharged by the commander in 
chief, and every officer shall perform the duties of his office (except 
he be under arrest) until he be so discharged, whether upon his own 
request or as above provided. 

Sect. 72. When any officer of the militia of this Common- 
wealth shall accept any appointment in the army of the United States, 
his office shall thereby become vacant, and be again filled according 
to law ; and if, after accepting such appointment, he shall exercise any 
of the powers and authority of such office, he shall suffer the penalty 
provided in such case, in the one hundred and first section. 

Sect. 73. The commissions of all staff officers, appointed by 
any commanding officer, without the approval of any other officer, 
shall expire after such commanding officer shall be discharged, or 
vacate his office, as soon as his successor is commissioned. 

Sect. 74. Any non-commissioned officer or clerk of a company 
may resign his office to the commanding officer of his company, and 
be discharged from it by him. 

DISCIPLINE, INSPECTION, TRAININGS AND REVIEWS. 

Sect. 75. The system of discipline and field exercise, which is 
ordered to be observed by the regular army of the United States, in 
the different corps of cavalry, infantry, artillery, light infantry and 
riflemen, or such other system, as may at any time hereafter be di- 
rected for the militia, by the laws of the United States, shall be 
observed by the mihtia, in the discipline and exercise of said corps 
respectively. 

Sect. 76. Every commanding officer of a company shall parade 
his company on the first Tuesday in May, annually, at one o'clock 
in the afternoon, for the purpose of inspecting, examining and taking 
an exact account of all the equipments of his men, and for noting all 
delinquencies of appearance and deficiencies of equipment, and for 
correcting his company roll, in order that a thorough inspection may 
be made of all the militia in the Commonwealth ; and the clerk shall 
note all deficiencies and delinquencies, and revise and correct the 
company roll, under the direction of the commanding officer. Every 
commanding officer of a company shall exercise and discipline as 
well as inspect his company on said day. 

Sect 77. Such sections of this chapter, as the commander in 
chief may from time to time order, shall be read at the head of each 
company on the day of inspection. 

Sect. 78. There shall be parades, as hereafter provided in 
this section, of all troops, except the standing companies, who shall 
not be required to parade on the days named therein. 

Each commanding officer of a company shall parade his company, 
by his own order, one day in each year, for discipline and instruc- 
tion, and shall use his best exertions, in perfecting them in the exer- 
cise and evolutions prescribed by law. 

There shall also be an inspection and review in each year, and 
the commanding officer of each division shall order the troops to 
parade for that purpose, in such bodies and corps, and at such times, 
as he shall think expedient, regard being had to the scattered or com- 



TITLE IV.] Chap. 12. Sect. 79—83. 117 

pact situation of the troops ; provided that no regiment or battalion 

be divided. The commanding officer of the brigade shall appoint the 

place, and give notice to the commanding officer of the division. 

But, if all the troops, to be inspected and reviewed, belong to one 

regiment or battahon, then the commanding officer of the regiment 

or battalion shall appoint the place, and give notice to the brigadier 

general ; and the places, appointed for inspections and reviews, shall 

be as central, as, in the judgment of the officer appointing; the place, 

may be convenient. Provided that no officer, non-commissioned 

officer or private, shall be obliged to march more than fifteen miles march'^more 

from his residence to any review, except of a regiment or battalion, or than 15 miles 

less body of men. .... . 'LTplkT^' 

Sect. 79. Each division, brigade and regiment shall, when in 13 Mass, 220. 
the field, take rank according to its number, beginning with the low- ^^°^' ^^^'}^- 
est number as highest in rank, and the companies in each regiment or sions &c.'inthe 
battalion shall form according to the rank of the officers present com- field. 
manding them ; and whenever distinct corps shall parade, join, or do s 3. " *^* ' 
duty together, the senior officer present shall command without re- Senior officer to 

gard to corps. command. 

Whenever any company, destitute of commissioned officers, shall Company with- 
parade with other troops, the commanding officer present shall detail commanded °at 
some commissioned officer or officers present to command the same, reviews, 
unless the officer, detailed by the commanding officer of the regi- §34 'art. 16.20! 
ment, to discipline and command them by the provisions of thetwen- &25. 
ty fifth section, shall be present. 

Sect. 80. Every commanding officer, when on duty, is hereby Bounds of pa- 
authorized to ascertain and fix necessary bounds and limits to his pa- fixed.""^^ ^ 
rade, (not including any road on which people travel, so as to pre- 
vent their passing) within which no spectator shall have a right to en- 
ter, without leave from such commanding officer, and in case any per- p„nishment of 
son shall intrude within the limits of the parade, after being once for- intrusion. 
bidden, he may be confined under guard, during the time of parade, isjviass'.^m^' 
or a shorter tiine, at the discretion of the commanding officer ; and 
any person, who shall resist any sentry who attempts to put him out 
of such limits, or keep him out of the same, may be arrested by or- 
der of such commanding officer, and carried before some court or 
magistrate, to be examined or tried for such assault, or disturbance 
and breach of the peace, upon complaint thereof. 

Sect. 81. The brigade majors and inspectors shall attend the Brigade majors, 
inspections and reviews of the regiments and battalions in their sever- f^*^' t° .^^"end 
al brigades, during the time of their being under arms, inspect their regiments, &c. 
arms, ammunition and accoutrements, superintend their exercises and Fjq • **• ^'^^^'> 
manoeuvres, and introduce the system of military discipline, required 
by law and by the orders which shall be received from time to time 
from the commander in chief, and shall make returns as provided in 
the thirty second section. § 32. 

Sect. 82. The adjutant general shall attend all reviews when Adjutant gener- 
the commander in chief reviews the militia. ai,when to at- 

Sect. 83. The ball cartridges, required bylaw, shall be inspect- u. s. st. 1792 
ed at such place, as may be appointed by the officer commanding the 5 ^• 
field. No non-commissioned officer or private shall, unnecessarily, P^^' cartridges, 

. , 1 /• . -- ^ 1 •-, how inspected. 

or without order irom a superior officer, come to any parade, with 



118 



Chap. 12. Sect. 84—89. 



[part I. 



Penalty for 
bringing loaded 
arms, except, 

&.C. 

6 100. 

1809, 108, § S4., 

art. 18. 30. 



Treating with 
ardent spirits 
forbidden. 
1829, 115, § 3 
No parades on 
days of certain 
town meetings, 
except, <fec. 
1309, 108, § 26, 
§ 34, art. 19. 



Penalty for or- 
dering them. 

§ 101. 

Commander in 
chief may order 
escort, &c. 

Voluntary pa- 
rades not pro- 
hibited. 



Constitution of 
companies 
bindmg, so far, 

1822, 102, § 1. 

Remedy for 
breach thereof. 



§112. 



his musket, rifle or pistol loaded with ball, slugs or shot, or shall so 
load the same while upon parade, under the penalty provided in such 
case by the one hundredth section, nor shall, unnecessarily, or with- 
out order from a superior officer, discharge his musket, rifle or pistol 
when going to, returning from, or being upon parade, under the pen- 
alty provided in such case in said section. 

Sect. 84. No officer shall treat with ardent spirits, on days of 
military duty, any person or persons performing such duty. 

Sect. 85. No officer, non-commissioned officer or private shall 
be holden to perform any military duty on any day (except the first 
Tuesday in May) appointed for a meeting in the town in which he 
resides, for the election of governor, lieutenant governor, senators, 
electors of president or vice president of the United States, or repre- 
sentatives to congress or the general court, except in case of inva- 
sion, insurrection, riot or tumult made, or threatened, or in obedi- 
ence to the orders of the commander in chief. 

Any officer, who shall order his men to parade, contrary to the 
provisions of this section, shall be liable to the penalties provided in 
such case, in the one hundred and first section. 

Sect. 86. The commander in chief shall have power to order 
out such portions of the militia as may seem to him expedient, for 
the performance of escort and other duties. 

Sect. 87. Nothing herein contained shall be so construed, as to 
prevent any company from meeting for the purpose of drill, funeral, 
or other escort, or any voluntary service, nor to impair any obliga- 
tion, arising under any constitutional article, or articles of agreement, 
adopted by any company, so far as regards the members who have 
signed the same, unless they are repugnant to law ; and all fines, pe- 
nalties and assessments, incurred by any officers or soldiers of such 
company, under any such constitutional article, or articles of agree- 
ment, signed by them, and which have been approved by the com- 
mander in chief, may, in addition to any other remedy thereon, be 
recovered by complaint, in the manner prescribed by the one hun- 
dred and twelfth section, so far as the same is applicable thereto ; and 
the forms may be varied according to the exigency of the case. 



Who shall noti- 
fy trainings. 
1809, 108, § 18. 
13 Mass. 433. 
9 Pick. 41.537. 



§100. 

Requisites of 
notifications. 
8 Mass. 279. 
Pick. 40. 4 
Pick. 23. 123. 
16 Mass. 194. 
Time of, for 
trainmgs. 



NOTIFICATIONS. 

Sect. 88. Whenever the commanding officer of any company 
shall order out his company, for inspection of arms, company train- 
ing, or inspection and review, or for election of officers, he shall is- 
sue his orders, to some one or more of the non-commissioned offi- 
cers or privates, to notify the men enrolled in said company, to ap- 
pear at the time and place appointed ; and each non-commissioned of- 
ficer and private, so ordered, shall give notice of the time and place, 
appointed for the parade of such company, to every person whom he 
shall be ordered to notify, under the penalties prescribed in such 
case, by the one hundredth section. 

Sect. 89. No notice shall be legal, except the same be given by 
the non-commissioned officer or private, ordered to notify, to each 
man, either verbally or by leaving, at his usual place of abode, a writ- 
ten or printed order, signed by such non-commissioned officer or 
private, four days at least previously to the time appointed, if for in- 



TITLE IV.] Chap. 12. Sect. 90 — 95. X19 

spection of arms, company training, or inspection and review ; and 

ten days previously thereto, if for election of officers ; provided, ne- - — forelec- 

vertheless, that in case of invasion, insurrection, riot, or any unfore- ^'°"^' 

seen or sudden occasion, any verbal, written or printed notice, how- ^l^r^enciesf" 

ever short, shall be legal and binding : and whenever any company 

shall be paraded, the commanding officer thereof may verbally notify Verbal notice 

the men so paraded, to appear, at some future day, not exceeding jgo^^os^iS 18 

thirty days from the time of such parade, and such notice shall be I82i,' 92, '§ 6. 

sufficient as it respects the persons present. Notifications may be 

proved as is provided in the one hundred and twelfth section. § 112. 

Sect. 90. Any notice to appear at any inspection of arms, com- What sufficient 
pany training, inspection and review, or election of officers, shall be mem? °^ '^°'^°^' 
a sufficient notice of enrolment, if given by a non-commissioned offi- U. S. st. 1803, 
cer, according to the provisions of the preceding section. ^ 

Sect. 91. Whenever any company shall be without commis- Company with- 
sioned officers, the commanding officer of the regiment or battalion, how°^hT[ed. 
to which such company belongs, or the officer detailed by him to 1825, 153, § 1. 
discipline the same, as provided in the twenty fifth section, shall, in ^ 25. 
writing, order any non-commissioned officers, or privates, to notify 
the persons liable to do duty in such company, to appear for any duty 
required by law, at the time and place mentioned in such order ; and 
if any non-commissioned officer or private, so ordered, shall refuse Penalty for re- 
or neglect to notify as aforesaid, he shall incur the penalty provided '"^'"S to notify. 
in such case, by the one hundredth section. § loo. 

Sect. 92. The adjutant general shall furnish blank orders, for Adjutant gener- 
the commanding officers of companies, to order their non-commis- blank orders 
sioned officers and privates, to notify their men to attend all the in- and notifica- 
spections, trainings, reviews, and elections of officers, which may be jgog' los ^27 
ordered ; also blank notifications or orders to be left with the men. 

Sect. 93. The clerk shall record, in the orderly book, all com- Orders and no- 
pany orders and notifications ; but the same shall not be necessary to retifrded^ by '^'^ 
the recovery of any penalt3^ clerk. 

1809, 108, § 8. 

excuses. 
Sect. 94. All excuses, for the non-appearance of any non-com- Excuses to be 
missioned officer or private, shall be made to the commanding officer made withm 20 

n- •!• , r ■ ■ 1 •!• days, unless, 

oi his company, withm twenty days alter any traming or other military &c. 
duty, from which he shall have been absent ; and on the delinquent's 1309' wsVsi 
producing satisfactory evidence of his inability to appear, his com- art. 32. 
manding officer may excuse him ; and no commanding officer shall "* ^^^^' ^^' 
receive any excuse for non-appearance, after the expiration of the 
said twenty days. No excuse shall avail such non-commissioned of- 
ficer or private, on any prosecution for the recovery of any fine or 
forfeiture, unless proved to have been made to the commanding of- 
ficer, before the expiration of the twenty days, as aforesaid, or unless 
said delinquent shall satisfy the court or justice, before whom the 
case may be tried, that it was not in his power to make such excuse, 
within twenty days as aforesaid. All commanding officers shall in- Clerks to be 
form their clerks of any excuses for non-appearance, which they may ex'^^g'' °^ 
allow. 

Sect. 95. No commanding officers of companies shall receive Deficiencies in 
any excuses, for any deficiencies of equipment ; and every com- ^o be "excused? 



120 Chap. 12. Sect. 96—99. [part i. 

manding officer of a company, who shall, at any time, excuse any 
person under his command, for any deficiency, or, after the expira- 

PenaJty. tion of the time allowed, for unnecessary absence or neglect, shall be 

liable to be tried by a court martial. 

Certain condi- Sect. 96. Whenever any person shall be exempted from mili- 

tional exemp- ..•'r " r i ■ 

tions not to be tary duty, upon presentmg the evidence oi the cause ot his exemp- 
excuses, unless, ^Jqjj jq ]^jg commanding officer, as provided in the second and third 
^ 2, 3. sections, within or before a certain time, and shall omit to comply 

iijMass. 456, ^j^{^ ^j-,jg regulation, it shall not avail him, by way of excuse, upon 
17 Mass. 51. any prosecution for any particular absence or default, unless the pro- 
§ 94. visions, respecting the time of making excuses, in the ninety fourth 

section, have been complied with. 
Who may ex- Sect. 97. Any officer, detailed to train and discipline any com- 
nies without''^" panj without officers, according to the provisions of the twenty fifth 
officers. section, shall have the same power, as the commanding officer of a 

1825, 123, § 1. company, to excuse absences of the non-commissioned officers and 

privates of the said company. 

FINES AND PENALTIES. 

Fines for unne- Sect. 98. Every non-commissioned officer and private, holden 
cessaryab- by Jg^ to do military duty in any company, and unnecessarily ne- 
1809, 108, § 34, glecting to appear, at the time and place appointed for such duty, 
^l\^^^- shall forfeit and pay, for every such nedect, the sums hereinafter 

1829, 115, 5 4. -J ^ •' ' •' & ' 

' ^ mentioned. 

For unnecessarily neglecting to appear at inspection on the first 
Tuesday in May, four dollars. 

At any company training, three dollars. 
13 Mass. 433. At inspection and review, five dollars. 

At any meeting for the election of officers, one dollar. 
For unnecessarily neglecting to appear, when ordered, or disobey- 
ing any order, in case of any tumult, riot, or other cause, as provided 
$§ 134-5-6. in the one hundred and thirty fourth, one hundred and thirty fifth, 
one hundred and thirty sixth sections, or advising any other person to 
do the Hke, fifty dollars. 
Fines for defi- Sect. 99. Every non-commissioned officer or private, who 
equipmeins. ^^^^^^ appear at any inspection on the first Tuesday in May, or at any 
1809, 108, § 34, company training, or at any inspection and review, whose equipments 
art. 30, 31. ^^^ deficient, or of a bad quality, shall forfeit and pay the sums here- 
inafter mentioned, for each of the following articles deficient, of a bad 
quality, or in bad condition : 

A musket of bore sufficient for a ball of the eighteenth part^ of a 
pound, a bayonet or belt, an iron or steel ramrod, either or all of 
them, one dollar. 

A cartridge box and twenty four cartridges, suited to the bore of 
his musket, and containing a proper quantity of good powder and 
ball, and a serviceable knapsack, either or all of them, thirty cents ; 
provided, nevertheless, that the ball cartridges may be produced and 
5 83. kept, according to the provisions of the eighty third section ; and the 

knapsacks may be dispensed with at company trainings. 

Two spare flints, a priming wire and brush, either or all of them, 
twenty cents ; provided, that none of the above forfeitures shall be 
incurred by any private, in a standing or rifle company, who appears 



TITLE IV.] Chap. 12. Sect. 100. 121 

with a good rifle and powder horn, knapsack, shot pouch, and a 
quarter of a pound of powder, and twenty balls suited to the bore of 
his rifle. 

In any company raised at large, for deficiency or bad quality of the 
uniform of the company, two dollars. 

In any company of cavalry, for deficiency or bad quality of a sword 
or sabre, belt and pistols, all or either of them, one dollar. 

Of any other article of equipment, fifty cents. 

In any company of artillery, for deficiency or bad quality of a 
sword and belt, all or either of them, one dollar. 

Of any other article of equipment, thirty cents. 

In a company of riflemen, for a deficiency or badquahtyof a rifle, 
and a sufficient ramrod, both or either of them, one dollar. 

Of any other article of equipment, fifty cents. 

Sect. 100. Every non-commissioned officer and soldier, guilty —for neglects 
of the several neglects and offences hereinafter mentioned, shall for- ^" ° ®"'^*^^" 
feit and pay the sums, severally prescribed for each offence or 
neglect, besides any other penalties thereto annexed : 

For quitting his guard, section, platoon, or company, not less than Quitting ^uard, 
two nor more than ten dollars. 1^9 ^^"^^' 

For discharging his musket, rifle or pistol, when going to, return- Discharging 
ing from, or upon, parade, contrary to the provisions of the eighty ^g^*^®'' ^''• 
third section, not less than five nor more than twenty dollars. 

For refusing or neglecting to give notice or warning, when ordered Refusing to 
by the commanding officer of his company, contrary to the provisions i^o'pick. 134. 
of the eighty eighth section, not less than twenty nor more than one 1 88. 
hundred dollars. 

For refusing or neglecting to give notice or warning in a company Refusing to 
without officers, when ordered by the commanding officer of the reg- p^™^|h°^t 
iment or battahon, or the officer detailed to command the company, officers, 
according to the provisions of the twenty fifth and ninety first sec- ^^ ^- ^^• 
tions, not less than twenty nor more than one hundred dollars. 

For loading his arms upon parade with ball, slug or shot, or com- Loading with 
ing upon parade whh them so loaded, contrary to the provisions of parade*^&c! 
the eighty third section, not less than five nor more than twenty dol- §83. 
lars. 

For refusing to perform the duties of clerk, when required accord- Refusing to act 
ing to the provisions of the twenty sixth section, not less than ten nor f^Q^'^^' 
more than twenty dollars. 

When clerk of a company without commissioned officers, for re- Refusmg to en- 
fusing to enrol persons hable to military duty, and to return a roll as [unfroiihicom- 
provided in the seventh section, when ordered so to do, not less than pany without 
twenty nor more than fifty dollars. ^ 7^*^"^^' 

For behaving with contempt to an officer, or conducting in a dis- Contempt, dis- 
orderly manner, or exciting or joining in any tumult or riot, or being duct,\umuit"or 
guilty of any other unmilitary conduct, disobedience of orders, or riot, disobedi- 
neglect of duty, when under arms or on duty, not less than five nor ^,"^y' "''^ ^^^ ° 
more than twenty dollars. 

For any of the oflTences mentioned in the preceding paragraph, any Persons com- 
non-commissioned officer or private, guilty thereof, may be put under mitting last 
guard by the commanding officer of the company, regiment, or of be^pu°und'e'r'^^ 
the field, and so kept for a longer or shorter time, not exceeding the guard. 

16 



122 Chap. 12. Sect. 101— 104. [parti. 

Non-commis- time, when his company is dismissed from duty, for the day ; and 

sioned officer q^j non-commissioned officer, for any offence mentioned in this 

to^^e ranks!*'^ chapter, Or any disobedience of orders or unmilitary conduct, may be 

reduced to the ranks by the commanding officer of his regiment or 

battalion, with the advice of the commanding officer of his company, 

or without such advice, if the disobedience or unmilitary conduct 

occur during a regimental or battalion parade, besides in all such 

cases, incurring the fine here mentioned. 

Fines of officers. Sect. 101. Officers shall be liable to the following fines : 

For ordering pa- Any officer, who shall parade his company on the days of elec- 

delftion/*"^' °^ tions, contrary to the provisions of the eighty fifth section, besides 

§ 85. being liable to a court martial, shall forfeit and pay not less than fifty 

nor more than three hundred dollars. 
Acting as an Any officer, who shall exercise his power and authority as an offi- 

ce thig^rom^'^" cer of the militia, after accepting an appointment in the army of the 
mission in the United States, contrary to the provisions of the seventy second sec- 
1™^' tion, shall forfeit a sum not exceeding three hundred dollars. 

Disobeying any Any officer who shall disobcy any order or precept, in case of tu- 
mmuitT fee." °^ mults, riots, and other causes, as provided in the one hundred and 
^^ 134-L5— 6. thirty fourth, one hundred and thirty fifth and one hundred and thirty 
sixth sections, shall forfeit not exceeding five hundred dollars, besides 
being cashiered and liable to an imprisonment, as therein provided. 
Refusing to cer- Any officer, who shall refuse to make or certify, or shall falsely 
certifying'com- Certify, any lists of persons, entitled to the compensation provided in 
pensation list, the One hundred and twenty fifth scction, shall forfeit not less than 
^^"^' twenty nor more than one hundred dollars. 

martLi.'^ "^"""^ Any fine, not exceeding two hundred dollars, may be inflicted on 
1798, 30, § 1. any officer, by sentence of a general or division court martial, as a 

1809, 168, § 34, •'^ r- r 1 *i U 1 r 1 * 

Art. 19. P^i't 01 [o^J "^6 whole 01 such sentence. 

1821,92,^9. Sect. 102. Eyery master, deputy master, and musician, of a 

Neo-iect or mis- brigade band, for absence from military duty or neglect thereof, diso- 
conduet of bedicncc of orders, disorderly, or other unmilitary conduct, shall for- 
^" ■ feit not less than ten nor more than twenty dollars. 

Hired musicians All musicians. On duty with any company, whether hired or enlist- 
mands anVpen- ed, while actually on duty, shall be subject to the same commands, 
allies like sol- and liable to the same duties and penalties, as other soldiers of the 

oiers. * 

1809, 108, § 17. company. 

Giving false in- Sect. 103. When information is required for the purpose of 

avdd^'enrol" enrolling men liable to do duty in a company : 

ment. Every person, who shall be liable to do duty in such company, and 

1809, 108, § 20. gj-|g]} gjyg j-,jg name falsely, or refuse to give it, contrary to the pro- 

§ 6. visions of th sixth section, shall forfeit and pay twelve dollars. 

—by house- Every keeper of a tavern or boardins; house, and every master and 

holders. • . C u r • * • ■ r .• / .-u • • 

mistress 01 a house, reiusmg to give iniormation respectmg their m- 
§6. mates, contrary to the provisions of the sixth section, shall forfeit and 

pay twenty dollars. 
Fines of citi- Sect. 104. The pcrsons hereafter named shall incur the same 

^^'^^^ fines as non-commissioned officers and privates, in like cases : 

Neglect of pa- Parents, guardians and masters, not providing equipments required 
[anf'Jc^'^'^ by the thirty sixth and thirty eighth sections, for minors under their 
§ 36. 38. care, shall be liable (except as therein excepted) to the fine pre- 

scribed for such deficiency by the ninety ninth section. 



99. 



TITLE IV.] Chap. 12. Sect. 105—108. 123 

Non-commissioned officers and privates of companies without offi- Absence, &c. 
cers, when ordered out to be trained and disciplined, as provided in companies with- 
the twenty fifth and one hundred and thirty first sections, shall be out officers. 
liable, for absence, deficiency, misconduct or neglect of duty, to the flo^'ios^'^ao 
fines prescribed for similar offences in companies with officers. 1825^153|$1. 

Sect. 105. The selectmen of any town, who shall refuse or Fines of select- 
neglect to perform the duties hereinafter mentioned, shall, each of i"en for neglect 
them, individually, forfeit the sums following, to wit : 

For any neglect or refusal to return a list of the men in any com- —to return a 
pany without officers, as required in the seventh section, not more list of men. 
than fifty nor less than twenty dollars. * 

For any neglect to provide arms and equipments for the use of —to provide 
persons unable to procure them, as required by the thirty seventh ^^"37 33. 
and thirty eighth sections, a sum not exceeding fifty dollars. 

For neglect or refusal to examine any list of persons, entided to —to examine 
compensation for militia duty, or to draw an order for such compen- ^'^'f ^"'^ '''■^^^ 

• n ■ orders* 

sation on the treasurer of the town, according to the provisions of 

the one hundred and twenty fifth section, not less than twenty nor ^ 125. 

more than one hundred dollars. 

For neglect or refusal to appropriate the money, received from —to appro- 
conditional exempts, to the use of the companies in the town, as re- P"^^'' money 
quired by the third section, fifty dollars. exempts. % 3. 

For neglect or refusal to maKe the returns of military stores, re to return mili- 

quired by the forty seventh section, not exceeding twenty dollars. ^"^ ^'°'^*^''" 

For appointing any tov/n meeting for elections on the first Tues- For appointing 
day in May, or any day on which the militia may hereafter be re- ^°^^^ "s^of hf- 
quired by statute to do military duty, a sum not exceeding one hun- spection. 
dred dollars. 1825, 153, § 1. 

Sect. 106. Whenever the selectmen of any town shall neglect nys'so, $1. 
or refuse to perform the duties hereinafter mentioned, the said town 1821, 92, \ 8. 
shall forfeit and pay the followina; sums : ^. ' ~' ^ 

-n r>ii •! ^ c • ^ t tines of towns. 

r or reiusal or neglect to provide and turnish necessary supplies, j^p^^iect to pro- 
equipage and camp utensils, as required by the one hundred and vide supplies, 
thirty third section, not less than two hundred nor more than five hun- ^^- ^ ^^^^ 
dred dollars. 

For neglect to keep constantly provided, in some suitable and con- —to keep miii- 
venient place in such town, all the articles required by the forty sixth V^^y stores. 
section, in the quantities there required, not less than twenty nor more isog, 108, §24 
than five hundred dollars. ?sqi^w 

For nedect to provide and keep the quantity of powder, prescribed ~ ' ~'^ 
by the forty sixth section, when required as therein provided, not less der, when re- 
than twenty nor more than five hundred dollars. quired. % 46. 

Sect. 107. Any person, who shall purchase, retain or have in Fines for having 
his custody or possession, without right, any entrenching tools, imple- '"•R°^^^^?^1" 
ments, arms, equipments or ammunition, the property of the Com- certain arficles 
monwealth, marked, branded, or known to him to be such, shall pay bdongmg to the 
a fine not exceeding ten times the value of the article. wealth. 



1814, 75, $ 2. 



PROSECUTIONS FOR FINES. 



Sect. 108. The fines mentioned in this section shall be recov- Fines prosecut- 
ered by indictment, or by an action on the case, by any person what- ®'^ ^^ ^^'^^' 



124 



Chap. 12. Sect. 109—111. 



[part I. 



ment or action 
on the Ccise. 

§101. 



§105. 

§7. 

§ 106. 
§107. 

Fines, recover- 
ed by complaint 
or action on the 
case, by com- 
mander of regi- 
ment, &c. 

For refusal to 
give notice in 
company with- 
out officers. 
§§ 100. 25. 

•^of clerk of 
such company 
to return roll. 
§§ 100, 7. 
1825, 153, § 1. 

—of mayor, al- 
dermen or se- 
lectmen to re- 
turn list of such 
company. 
§§ 105. 7. 
For quitting 
platoon, or com- 
pany, on regi- 
mental parade. 
§100. 



Fines for refu- 
sal to perform 
the duties of 
clerk. 
§§ 100. 26. 
1825, 153, § 5. 



— incurred by 
members of 
brigade band. 
§ 102. 

1809, 108, § 34, 
ajt. 17. 

—by sentence 
of court martial. 
§ 101. 

Costs against 
judge advocate 
to be paid by 
county treasur- 
er. 

1821, 92, § 9. 
1834., 132. 



Fines in com- 
pany without 
officers. 



ever, one half of the sum recovered in such action to be to the use ot 
the Commonwealth, and one half to the use of the prosecutor, viz : 

Fines under the one hundred and first section, except fines impos- 
ed by courts martial. 

Fines under the one hundred and fifth section, except fines for re- 
fusal or neglect in the selectmen to return a list of the men belonging 
to a company without officers, as required by the seventh section. 

Fines under the one hundred and sixth section. 

Fines under the one hundred and seventh section. 

Sect. 109. The fines mentioned in this section shall be recov- 
ered by the commanding officer of the regiment or battalion, to which 
the company of the delinquent belongs, either by complaint or action 
on the case, to the use of such battalion or regiment : 

Fines under the one hundredth section, for refusing to give notice 
or warning in any company without commissioned officers, when or- 
dered by such commanding officer, or the officer detailed by him to 
command the same, under the provisions of the twenty fifth section. 

Fines under the one hundredth section, for refusal or neglect, in 
the clerk of such company without officers, to enrol persons liable to 
military duty or to return a roll of the same, as provided in the sev- 
enth section. 

Fines under the one hundred and fifth section, for refusal or neglect 
in the selectmen, to return a list of the men belonging to a company 
without officers, as required by the seventh section. 

Fines under the one hundredth section, incurred by any non-com- 
missioned officer or private, for quitting his guard, section, platoon 
or company, may be recovered by the commanding officer of the 
regiment, or by the clerk of the company, when the company is or- 
dered to parade with the regiment, but at all other parades by the 
clerk of the company only. 

Sect. 110. Fines under the one hundredth section, for refusals 
to perform the duties of clerk, according to the provisions of the 
twenty sixth section, shall be recovered by the commanding officer 
of the company, to which the delinquent belongs, by complaint before 
any police or justices' court, or any justice of the peace, to the use of 
the company. 

Fines under the one hundred and second section, incurred by 
members of the brigade band, shall be prosecuted by the brigade 
major, by complaint, as before provided, to the use of the Common- 
wealth. 

Fines by sentence of court martial, as provided in the one hundred 
and first section, shall be prosecuted by the judge advocate, or person 
appointed to act as such at the court martial, by an action on the 
case, to the use of the Commonwealth ; and if any judgment for costs 
shall be rendered against any judge advocate in such case, the officer, 
to whom the execution upon such judgment is delivered, shall de- 
mand payment of the execution of the treasurer of the county, in 
which such judgment is rendered, and the said treasurer shall pay the 
same, and it shall be allowed to said county, in the settlement of said 
treasurer's account with the Commonwealth. 

Sect. 111. All fines for absences, defaults, neglects or offences, 
mentioned in the ninety eighth, ninety ninth and one hundredth sec- 



TITLE IV.] Chap. 12. Sect. 112. 125 

tions, when incurred by any non-commissioned officer or private, in ^ 93-9-100. 
any company without officers, (except the fine for refusing to give 1825 153, §§1 
notice, when ordered by the commanding officer of a regiment, and 
that for refusing to return a roll) shall, on complaint of the officer de- 
tailed, as provided in the twenty fifth section, to train and discipline §25. 
such company, be prosecuted, substantially, in the like manner, as 
they are to be prosecuted by the clerks, in the following section ; one 
half of the amount recovered to be to the use of the regiment, and 
the other half to the use of the officer ; and the officer so prosecuting 
shall be a competent witness in the case. 

Sect. 112. All fines, incurred by any soldier, not appearing when Fines for ab- 
ordered, or disobeyins; any order, in case of riot, tumult, or other sence or disobe- 

* CllGnCG in CcLSG 

cause, specified in the one hundred and thirty fourth, one hundred and of riot, &c. 
thirty fifth, or one hundred and thirty sixth sections, or advising; any fj 134-5-6. 

* , •',, 1 i>v musicicins. 

other person to do the like ; by musicians in any company, under the For giving 
one hundred and second section ; by persons giving false information J^?'**^ mforma- 
or refusing to give information, with regard to themselves or other ^^ 102, 103. 
persons liable to be enrolled in any company, under the one hundred ^y parents, 

^ 1 J . ^ . 1 •',.^"' r • ffuardians or 

and third section ; by parents, guardians or masters 01 minors, en- masters. 

rolled in any company under the one hundred and fourth section ; ^i^- 

and all fines and forfeitures, incurred by the non-commissioned offi- otherwise provi- 

cers and privates of any company, under the provisions of this chap- «*ed for to be 

ter, which are not otherwise provided for, shall be prosecuted for and clerk. 

recovered by the clerk of such company, or any person appointed to 

perform the duties of clerk, as provided in this chapter, one half to 

be to the use of such clerk, and one half to the commanding officer 

of such company, to the use of the company, in manner following, 

viz : 

The clerk of each company, after the expiration of twenty days, information, 
and within forty days, after the day of any parade or election of offi- filed" ^""^ ^^'^'^ 
cers, shall make and subscribe an information against the ofl'ending 
non-commissioned officers or privates, who have not been excused 
by the commanding officer of the company, according to the provis- 
ions of the ninety fourth section, or who have not, within the twenty § 94. 
days aforesaid, paid to such clerk the fines or forfeitures, which they 
may have incurred ; which information shall be left with some justice ^^^^ ^^^ , ^ 
of the peace, or filed in some police or justices' court, (as the case i82i'92, § 11, * 
may be) in the county, in which such offending non-commissioned 
officer or private resides ; and the information shall be in substance 
as follows : 

To A. B. Esq., justice of the peace, within and for the county of ^"^n"*^ "'^°'^" 
, or to the justices of the justices' court within and for 
the county of , or to the justice of the police court, within 

and for (as the case may be) : 

I, the subscriber, clerk of the company commanded by , 

do hereby give information against the following person, (or persons), 
who, being duly enrolled in said company, and being duly notified to 
meet with said company, on the day of 

in the year , (for inspection of arms, company training, 

inspection or review, or election of officers, as the case may be), was 
(or were, as the case may be), guilty of the offences and did incur 
the forfeitures, set against his name, (or their respective names, as 
the case may be) : 



126 



Chap. 12. Sect. 112. 



[part I. 



When summons 
to be issued. 
1 Mass. 443. 



Form of sum- 



J^ames. 

A. B. non- 
com, officer ; 
CD. private. 

E. F. 



G. H. 



I. K. 



L. M. 



Forfeitures. Sums. 
has forfeited 

has forfeited 

has forfeited 



> has forfeited 



has forfeited 



Offences. 

For unnecessarily neglecting 
to appear on said day : 

For being deficient of a 

on said day : 
For being on said day guilty 
of coming on to the parade 
with his arms loaded : 
' For unnecessarily discharging 
his musket, rifle or pistol, (as 
the case may be), in going to, 
or returning from, or on, the 
place of parade, (as the case 
may be), without the orders of 
an officer : 

' For leaving his guard, section, 
platoon or company, (as the 
case may be), without the 
leave of an officer : J 

(And in the same manner, substantially, all other offences are to 
be set forth against offending non-commissioned officers and pri- 
vates) : 

I, therefore, agreeably to my oath of office, and in compliance with 
the requisitions of the law in this behalf, request you (or the justices 
of said court, or the said court, as the case may be), to issue a sum- 
mons, directed to each of the persons, named in the above informa- 
tion, to appear before you (or the said court as the case may be) and 
show cause, if any he has, why it should not be adjudged, that he 
pay the forfeiture, set against his name, for the offence (or offences), 
which he is therein alleged to have committed. 

Dated at this day of 

in the year 

A. B., Clerk of the company commanded by 
And the justice or court, to whom such information is directed, 
shall file the same, and, when moved thereunto by said clerk, shall, 
within nine months, and not afterwards, issue a summons to each per- 
son, informed against as aforesaid, to be served at least seven days 
before the time appointed for showing cause. 

The summons, if issued by a justice of the peace, shall be sub- 



mons of justice, gtantially in the following form : 



or either of 



[Seal.] To the sheriff of said county, 

his deputies, or either of the constables of the town of 
in the county aforesaid, greeting : 

In the name of the Commonwealth of Massachusetts, you are here- 
by required to summon C. D. of , in the county afore- 
said, to appear before me, E. F,, one of the justices of the peace 
for the county aforesaid, at in , on the 
day of at of the clock in 
the noon, then and there to show cause, if any he has, why 
judgment should not be rendered, that he has forfeited 



TITLE IV.] Chap. 12. Sect. 112. 127 

for [here insert the offence, and the time when and place where it 
was committed] . Hereof fail not, and make due return of this writ 
and your doings thereon, unto myself, on or before the said hour of 
the day of 

Dated at aforesaid, the day of 

in the year 

E. F., Justice of the Peace. 

If issued from any police or justice's court, the said summons of police 

shall be in the folio wine form : or justice's 

" court. 

ss. 

The Commonwealth of Massachusetts. 

[Seal.] To the sheriff of the county of or either of 

his deputies, or either of the constables of the town of 
in said county, greeting : 

We command you to summon C D., of in said 

county, to appear before our justices of our justices court, (or our 
justice of our police court as the case may be) to be holden at 

within and for our on 

then and there to show cause, if any he has, why judgment should not 
be rendered, that he has forfeited for (here insert 

the offence and the time and place where it was committed.) Here- 
of fail not, and have you there this writ with your doings thereon. 

Witness W. S. Esq., at on the day 

of in the year 

T. P., Clerk, 
(or, witness my hand and seal at on the 

day of in the year of our Lord 

A. B., Justice of said court. 
as the case may be.) 

When the person summoned shall appear, he may plead the gen- General issue 
eral issue, and give any special matter in evidence. ^^^^ ^^ P'^^*^' 

Upon the trial of such complaint, made by the clerk of a compa- whatissuffi- 
ny, it shall be sufficient for the complainant to prove, that he is clerk cient evidence 
of the company, and, for this purpose, he shall produce his warrant ^?^^^^^ prosecu- 
as a non-commissioned officer, and prove the signature thereto of the 
colonel or commanding officer of the regiment or battalion, and that 
at the time of signing such warrant he was reputed to be, and acted 
as such colonel or commanding officer ; and thereupon it shall be 
presumed that such complainant was appointed a non-commissioned 
officer, by the captain or commanding officer of such company, and 
that a legal return of such appointment was made to the colonel or 
commanding officer of the regiment, until the contrary be shown. 

He shall then show, upon the back of his warrant, a legal certifi- 3 Pick^ 262. 
cate of his appointment as clerk, and qualification as such, by taking g p,'',^; 236. 
the oaths required by law ; and, for this purpose, he shall prove the 8 Pick. 449. 
signature of the captain or commanding officer of such company, and 
that he is such captain or commanding officer, by producing his com- 
mission as such ; but if the clerk be appointed clerk pro tempore, his 
appointment may be proved by the records of the company. 

He shall then produce the roll of the company, and prove that the 
defendant resided within the limits of the company, that^ he was en- 
rolled therein, at the time he was notified of such meeting, and that 



128 Chap. 12. Sect. 112. [parti. 

he had been enrolled six months ; but if it appear that the defendant 
came within the bounds of the company within that time, and that 
he is of sufficient age, it shall be presumed, if nothing to the contrary 
appear, that he has been enrolled in some other company before, for 
six months. 

He shall then produce the order of the commanding officer of such 
company, to notify the said meeting or meetings thereof, and prove 
his signature thereto, and that the defendant was legally notified of 
the time and place of such meeting or meetings. 

If it is required by law, that the order for such military duty shall, 
in such case, be given by any officer, superior to the commanding 
officer of a company, then the orders of such superior officer, and all 
intermediate orders of officers, transmitting the same to the command- 
ing officer of the company, shall be proved, and that the persons, 
purporting by said orders to be such officers, are such ; and for this 
purpose, it shall be sufficient to produce the transmitted written or 
printed copies of such orders, and the regimental or battalion or oth- 
er last order, transmitting the same to the commanding officer of the 
company, and to prove the signature of the proper officer to such re- 
gimental, battalion, or other last order, transmitting the same, and 
also to prove that all the officers above mentioned are reputed to be 
such officers, and act as such. 

The absence or offence of the defendant shall then be proved, to 
show that he is liable to the fine alleged to be incurred by him, and, 
in case of absence, the burden of proof shall be upon him to show 
that his absence was necessary. 

The evidence above described shall be taken to be prima facie 

sufficient to support the complaint, until the same, or some material 

part of the same, be disproved by the defendant. 

Secondary 'evi- Whenever it appears, that any document or paper, above mentioned, 

cei"4d ^^^" '^^' ^^""°^ ^6 produced, satisfactory secondary evidence thereof shall be 

received. 
Clerk, &c. may And upon the hearing of such case, the testimony of the clerk or 
4 Pkk'zsr ^"^ other non-commissioned officer or private, who was ordered to 
notify the whole or any part of the company, shall be sufficient to 
prove due notice to the defendant, and that he neglected to appear, 
unless such evidence be invalidated ; but the clerk shall be a witness 
to no other matter. 
Exemptions and The Certificate of the surgeon of the regiment, approved and coun- 
excuses for in- tcrsigned, according to the provisions of the second section, shall be 
proved', ^X conclusive evidence of exemption from military duty ; and his single 
7 Pick.' 231. certificate, that the defendant was unable to perform military duty, at 
the time of his absence, shall be prima facie evidence, that he ought 
to be excused for a particular absence, if the provisions of the ninety 
^^'*- fourth section have been complied with ; but any permanent disabili- 

ty, which renders the enrolment of the defendant illegal, or such tem- 
porary excuse, may be proved by parol. 
Commanding The Commanding officer of a company may be a witness to prove 

officer may bea ^^^ foet whatsoever. 

Pick. 355. And if such defendant shall make default, or judgment shall be ren- 

Execution,when dered against him, and he neglect, for two days after, to satisfy the 

same with legal costs, then execution shall be issued therefor ; and 



TITLE IV.] Chap. 12. Sect. 113. 129 

the execution, issued by a justice of the peace, shall be in substance 
as follows, but if by a police or justices' court, it shall be so altered 
as to conform to the summons : 



ss. 

The Commonwealth of Massachusetts. 
[Seal.] To the sheriff of said county, or either of his deputies, Fonnof execu- 

or either of the constables of the town of , in the same coun- jgQg jQg a 35^ 

ty, greeting : 

Whereas, E. L., clerk of the company commanded by , in 

said county, on the day of , before J. D. Esq., one of 

our justices of the peace for our county aforesaid, recovered judg- 
ment against T. P. of , for the sum of , fine or for- 
feiture, and costs of prosecution, as to us appears of record, 

whereof execution remains to be done : We command you, there- 
fore, that of the money of the said T. P., or of his goods or chat- 
tels, within your precinct, at the value thereof in money, you cause 
to be levied, paid and satisfied, unto the said E. L., the aforesaid 
sums, being in the whole ; and also, that out of the mon- 
ey, goods and chattels of the said T. P., you levy twenty five cents 
more for this writ, together with your own fees ; and for want of 
such money, goods or chattels of the said T. P., to be by him shown 
unto you, or found within your precinct to the acceptance of the said 
E. L., for satisfying the aforesaid sums, we command you to take 
the body of the said T. P. and him commit unto our jail in B., and 
we command the keeper thereof accordingly to receive the said T. 
P. into our said jail, and him safely to keep, until he pay the full 
sums above mentioned, with your fees, [or] that he be discharged by 
the said E. L., or otherwise by order of law. Hereof fail not, and 
make return of your doings therein unto our said justice, within 
twenty days next coming. 

Witness our said justice at B. the day of in the year 

one thousand eight hundred and 

J. D., Justice of the Peace. 
And it shall be lawful to amend the complaint or summons, in any Amendmenu of 
stage of the proceedings, without payment of costs ; but the defend- Jg^^'jos*' a 35 
ant shall be allowed an adjournment or continuance of the case, if jus- 
tice requires it. And no clerk shall be liable to pay costs to any de- When no costs 
fendant, in any case, in which the commanding officer of his compa- f^p^st com- 
ny has certified, upon the information of the clerk, his approval of 
the same. And no appeal shall be allowed from any such judgment. Appeals when 
except the forfeiture adjudged exceed ten dollars, exclusive of costs. 2''t^^^''"443 

Any complaint, by any other officer, shall be prosecuted in the „. ., 
like manner, so far as the same is applicable thereto, the forms being plaints by^ther 
varied accordingly ; and he shall prove his authority by producing his officers, 
commission, and other competent evidence which may be necessary. 

Sect. 113. No person shall be imprisoned upon any execution, imprisomnent 
issued upon any complaint and judgment described in the preceding ^Ll^^qi'*'*'"- 
section, for a longer time than six days, but he shall be discharged ' ' 
by the keeper of the jail to which he is committed, at the expiration 
thereof, and the judgment debtor shall remain liable for the amount 
of the judgment and the costs of imprisonment ; and execution for 
17 



130 



Chap. 12. Sect. J 14— 117. 



[part I. 



the whole of the same may be sued out against the property of such 
debtor, in due form of law. 

Sect. 114. The clerk of each company shall pay over, upon 
demand, to the commanding officer thereof, one half of the fines and 
forfeitures collected or recovered by him, and such commanding offi- 
cer shall give his receipt therefor, and expend the same in defraying 
such company expenses, as a majority of the commissioned officers 
of such company shall judge necessary ; and the clerk shall retain one 
half of all the fines and forfeitures to his own use. The clerk of 
^finesrecdved ^ach company shall annually return, under oath, to the brigade major, 
by him. an account of all fines received by him, with the captain's receipt 

thereon, for his part of the same, and the brigade major shall transmit 
the same to the commander in chief. 



To whose use 
fines accrue. 



Clerk to make 
annual return 



No court mar- 
tial except on 
written com- 
plaint, signed, 
&c. 

Offences to be 
tried within one 
year, unless, 

1809, 108, § 34. 
Art. 6. 

Respondent to 
be put under 
arrest. 

Copy of charges 
to be delivered 
ten days before 
trial. 

1809, 108, § 34,, 
Art. 3 and 8. 
If not delivered 
court may ad- 
journ. 

Courts martial 
to consist of 
president, &c. 
When held. 



How often. 



General courts 
martial, how to 
be appointed, 
and who may 
be tried by 
them. 



Division courts 
martial, how to 
be appointed, 
and who may 
be tried by 
them. 



COURTS MARTIAL. 

Sect. 115. All complaints, upon which courts martial are or- 
dered, shall be in writing and signed by the complainant, and shall 
clearly specify the offence, and the time when and place where it was 
committed. 

No officer shall be tried by court martial, for any offence commit- 
ted more than one year before the complaint, unless his absence or 
other manifest impediment has prevented a complaint within that 
time. 

Sect. 116. Every officer to be tried by court martial shall be 
put under arrest, so as to be suspended from the exercise of his 
office. 

The judge advocate shall deliver to the accused a copy of the 
charges against him, and a notice of the time and place of trial, ten 
days at least before the day of trial ; and if he shall object, that he 
has not received the same as aforesaid, and the court shall be satisfied 
thereof, they shall adjourn, so as to allow the time required to elapse, 
after the delivery of the notice and copies. 

Sect. 117. Courts martial shall consist of a president, judge 
advocate, not more than four nor less than three members, present at 
the organization of the court, and a marshal, and shall be holden be- 
tween the first day of December and the last day of March, in the 
day time. 

There shall be only one general and one division court martial in 
any one division in one year. 

General courts martial shall be appointed, for the trial of all offi- 
cers above the rank of captain, by the orders of the commander in 
chief, issued to the divisions, which, in his opinion, can most con- 
veniently furnish members for the same ; and he shall appoint a 
president, not below the rank of brigadier general, and a marshal of 
said court. 

Division courts martial shall be appointed, for the trial of officers 
of and under the rank of captain, by the orders of each commanding 
officer of a division, in his own division, issued to the brigades, regi- 
ments, battahons, and companies, which, in his opinion, can most 
conveniently furnish members for the same ; and he shall appoint a 
president of the rank of colonel or Heutenant colonel and a marshal. 



TITLE IV.] Ghap. 12. Sect. 118. 131 

Officers shall be detailed, to sit upon courts martial, in manner fol- Members, how 
lowing : major generals, by the commander in chief, from the general '° ^^ detailed, 
roster; brigadier generals and officers of any divisionary corps, by 
the commanding officers of divisions, from the division roster ; colo- 
nels, lieutenant colonels, and majors, and officers of any company 
attached to a brigade, by the commanding officers of brigades, from 
the brigade roster ; captains and subalterns, by the commanding offi- 
cers of battalions, regiments, and other separate corps. And when- if any officer 
ever it shall appear that any officer detailed, or to be detailed, is or uf j '^ '® ™*" 
will be, for some sufficient cause, unable to serve on a court martial, 
the officer detailing him, having satisfactory evidence thereof, shall 
certify such inability to the officer ordering the court martial, and 
shall also, at the same time, detail the officer next in rotation on the • 
roster. No senior officer, or superior in rank to the president, shall 
in any case be detailed. 

The officers ordered to detail members shall make returns, without Returns of 
delay, to the officer appointing the court, who shall transmit the same {^fj^^ ^'^^ '^^ 
to the judge advocate. 

The judge advocate of each division shall attend all general and Judge advocate 
division courts martial within his division, when ordered ; but when *° *"^" 
he is prevented by any inability or legal impediment, the officer ^^" prevent- 
ordering the court martial shall appoint some person to be judge 
advocate to the same. 

If the officer appointed president shall not attend at the opening of If the president 
the court, the officer highest in rank present shall be president. *^°®* °°^ attend. 

Whenever it is found, that by reason of absence, challenge, or if a sufficient 
any other cause, the number of members of any general or division J^en!bers°do not 
court martial, (beside the president) qualified to act, is less than attend, or can- 
three, the court shall adjourn for a suitable time, and the president °°' ^®''^^- 
shall forthwith notify the fact to the commanding officer of the divi- 
sion, in which such general or division court martial is held, and such 
commanding officer shall himself detail from the division a number of 
officers of the same rank, as those before detailed, sufficient to com- 
plete the court. 

If no judge advocate or marshal shall attend at the opening of the if the judg-e ad- 
court, the president shall appoint a judge advocate or marshal, and locate or mar- 
the same shall be entered upon the record and signed by him. The ii Pick. 44i. 
person acting as iudge advocate at the commencement of any trial, Person serving 

, *^ m • • • ti ' gg lUQfifG 3,C1V0- 

shall continue to serve during the trial, notwithstanding the attendance cate to continue 
or appointment of any other person afterwards. through the 

Officers on a court martial shall take rank by seniority of com- officers, how to 

mission. take rank. 

The court may adjourn, when it appears to them necessary, before The court may 
any judge advocate appears, and before they are qualified. ii''fT' 445^"' 

Sect. 118. Before any court martial shall proceed to the trial Members to be 
of any officer, the judge advocate shall administer to the president, sworn. 
and each of the members, singly, the following oath : 

You, A. B., do swear, that without partiality, favor, fear, preju- president and 
dice, or hope -of reward, vou will well and truly try the cause now members' oath, 
before you, between the Commonwealth and the person (or persons, ' ' * ' 
if more than one is accused, in the same complaint) to be tried ; and 
you do further swear, that you will not divulge the sentence of this 



132 



Chap. 12. Sect. 118. 



[part I. 



Judf e advo- 
cates oath. 



Challenges, 
how and when 
made. 



Certain causes 
of challenge, 
when received. 



If the defendant 
is absent, or 
withdraws. 

Witnesses how 
summoned. 



Penalty for not 
appearing. 



Oath of wit- 
nesses. 



Evidence of 
neglect of re- 
turns to adju- 
tant general. 



Copies and doc- 
imients how au- 
thenticated. 



Proceedings to 
be in writing. 



court martial, until it shall be approved or disapproved of, and that 
you will not, on any account, at any time whatever, discover the vote 
or opinion of any member, unless required to give evidence thereof, 
as a witness, by a court of justice in due course of law. So help 
you God. 

And the president shall administer to the judge advocate the fol- 
lowing oath : 

You, A. B., do swear, that you will faithfully and impartially dis- 
charge your duties as judge advocate on this occasion, as well to the 
Commonwealth as to the accused, and that you will not, on any ac- 
count, at any time whatever, divulge the vote or opinion of any mem- 
ber of this court martial, unless required to give evidence thereof, as 
a witness, by a court of justice, in due course of law. So help you 
God. 

No member shall be challenged by the government or the accused, 
until the president, members, and judge advocate are sworn. Only 
one member shall be challenged at a time, and the challenge shall be 
in writing, stating the cause of it. The person challenged shall not 
vote, but the president and other members shall try vi^hether the chal- 
lenge be good. 

Any illegality or irregularity, in the detail of any member of the 
court, shall be good cause of challenge, by either party ; but shall be 
considered as waived, unless the objection to the detail be taken at 
the time and in the manner aforesaid. 

If the accused shall neglect to appear and defend, or shall refuse 
to plead, or withdraw in contempt of the court, the court may pro- 
ceed to trial and judgment, as if he had pleaded not guilty. 

All persons, summoned by the judge advocate or any justice of 
the peace, shall be holden to appear and give evidence, before any 
court martial (but the defendant's witnesses shall have their fees first 
tendei'ed to them), and the penalties for neglect to appear shall be the 
same, and the judge advocate may issue a capias, in like manner, as 
in criminal prosecutions. Before the witnesses testify, they shall be 
sworn by the judge advocate according to the following form : 

You, A. B., do swear (or affirm, as the case may be,) that the 
evidence you shall give, in the cause now in hearing, shall be the 
truth, the whole truth, and nothing but the truth. So help you God 
(or, this you do under the pains and penalties of perjury, in case the 
witness shall affirm.) 

Whenever the adjutant general shall be complainant, for neglect or 
other default in making returns, he shall not be required to be pres- 
ent, and his certificate shall be sufficient prima facie evidence, that 
the return was or was not made, and that a copy of any return is true. 

The judge advocates shall be the certifying officers, to authenticate 
all copies of papers and documents, used before courts martial, courts 
of inquiry, or boards of officers, except papers or documents from 
the adjutant general's office, which shall be certified by him ; but co- 
pies may also be proved as in other courts. 

The statement of the complainant and the defence of the accused, 
and all motions, arguments and objections to the proceedings, by either 
party, and the answers thereto, shall be submitted to the court in wri- 



TITLE IV.] Chap. 12. Sect. 119. 133 

ting ; all the evidence and proceedings, in and out of the court, and 
all opinions of the judge advocate, on questions of law arising during 
the trial, shall be put in writing by him. And after the prosecution 
and defence shall be concluded, he shall state and sum up the evi- 
dence, and give his opinion to the court, upon all matters of law ; 
which opinion, with the judgment, shall also be put in writing by 
him. 

When any question is to be decided, the judge advocate shall re- Votes, how 
ceive the vote of each member, beginning with the youngest and pro- ^^ken. 
ceeding to the eldest. The president shall not vote, and unless two 
thirds of the members agree that the accused is guilty, he shall be 
acquitted ; and if two thirds of the members shall find him to be 
guilty, he shall be sentenced to be reprimanded in orders, or to for- 
feit a sum not exceeding two hundred dollars, or to be dismissed 
from office, either or all of them, and, in the last case, he may be 
further adjudged to be disqualified from holding any military office 
during hfe or any term of years. 

All courts martial are authorized to preserve order during their Order to be 
session ; and any person, who shall, in such court, behave in a disor- preserved, 
derly or insulting manner, or make any tumult or disturbance, maybe 
arrested by order of said court, and confined not exceeding twenty- 
four hours, and fined by the court not exceeding five dollars, either 
or both ; and, if the fine be not paid, the judge advocate shall issue a 
mittimus, forthwith, to commit such person to prison, in the same 
manner and with the same effect, as upon executions from justices of 
the peace, in cases of prosecutions for non-payment of other military 
fines and costs. 

The record of the trial and judgment, with the papers used there- Records, how 
in, or copies thereof, certified by the judge advocate, shall all be au- and transmitted, 
thenticated by his certificate and signature, and sealed up and trans- 
mitted by him to the officer who ordered the court, who shall annex 
thereto his approval or disapproval of the same, and the reasons there- disapproval of 
of in writing, and transmit the same, as soon as may be, to the adju- sentence, 
tant general's office to be kept and preserved. 

The judge advocate shall also make up and certify the pay roll of Payroll, 
the court martial, and transmit the same to the adjutant general's of- 
fice. 

The officer ordering the court and the party tried thereat shall be Copies allowed, 
entitled to receive, upon request from the adjutant general, a copy of 
the record ; the party tried paying a reasonable sum for his copy. 

The judgment of disqualification may (after approval) be reversed disq^Mca°tion 
in whole or in part by the commander in chief, with the advice of may be revers- 
the council ; but all other parts of the sentence, when approved, shall 1809, 108, §$ 3i, 
remain in full force. 34, art. 3, 4. 6 

Sect. 119. Every commissioned officer shall be liable to be tried i82i, 92, §$ 9 
by a court martial for the following offences : and 14. 

For unmilitary or unofficer-like conduct when on duty. and 6. ' 

For neglect of any of the duties required in this chapter. 1825, ]53, $ 3. 

For disobedience of orders, or any act contrary to the provisions what^offenc^es^' 

of this chapter. may be tried by 

For oppression or injury of any under his command. Jsm, "los^'^'k. 

For any combination or attempt to break resist, or evade the laws, Art.'i. 5. 7. n. 

1825,l'53,§§1.7. 



134 



Chap. 12. Sect. 120— 121. [parti. 



,85. 



$§ 129-30-1-2. 



§§134-5-6. 



§135. 



Boards of oflS- 
1809, 108, § 32. 

Courts of in- 
quiry, how or- 
geinized. 



Vacancies, how 

filled 

Oaths. 



—of president 
and members. 



or any lawful orders given to any person whatsoever, or advising any 
person so to do. 

For insult to any superior officer in the exercise of his office. 

For presuming to exercise his command while under arrest ; in 
which case, if guilty, he shall be removed from ofiice. 

For neglect or refusal, when commanding officer, to order out the 
troops under his command, when required by law or ordered by his 
superior officer. 

For excusing, as commanding officer of a company, any person 
under his command, for deficiency or unnecessary absence, or after 
the expiration of the time allowed by law. 

For neglect or refusal to make a draft or detachment, when legally 
ordered so to do. 

For neglect or refusal to cause prosecutions to be commenced for 
fines, when it shall be necessary. 

For parading the troops under his command on days of election, . 
contrary to the provisions of [the] eighty fifth section. 

For receiving any fee or gratuity for a certificate, as surgeon or 
surgeon's mate, of inability to do military duty. 

JFor neglect, when detailed to train and discipline a company, or 
to make complaint on any neglect or violation of duty, as provided in 
this chapter, or for any other neglect for which a commanding officer 
of the company would be liable. 

For neglect or refusal to march, to make any draft, or for disobe- 
dience to any order in case of rebellion or insurrection, as provided 
in the one hundred and twenty ninth [section], one hundred and 
thirtieth, one hundred and thirty first, and one hundred and thirty sec- 
ond sections ; in which case the offender shall be cashiered. 

For refusal or neglect to obey any precept or order to call out the 
militia, or any order issued in obedience thereto, in case of tumult, 
riot, or other cause, as provided by the one hundred and thirty fourth, 
one hundred and thirty fifth, and one hundred and thirty sixth sec- 
tions, or for advising any officer or soldier to do the like ; in which 
cases, the offender shall be cashiered, beside being subject to fine or 
imprisonment, as provided in said one hundred and thirty fifth sec- 
tion. 

Sect. 120. The commander in chief, whenever in his opinion 
it shall be necessary, may call boards of officers, for settling military 
questions, or for other purposes relative to good order and discipline. 

Sect. 121. General and division courts of inquiry shall consist 
of three officers and the judge advocate of the division, in which they 
are held ; and they may be ordered and organized in the like manner 
as courts martial, and, under the same regulations, may examine into 
the nature of any transaction, or any imputation or accusation against 
any officer, made by an inferior. 

All vacancies shall be filled as in courts martial. 

The judge advocate shall administer, to each of the officers com- 
posing a court of inquiry, the following oath : 

You, A. B., do swear that you will well and truly examine and 
inquire into the matter now before you, without fear, favor, partiality, 
prejudice, or hope of reward. So help you God. 

After which, the president shall administer to the judge advocate 
tho following oath • 



TITLE IV.] Chap. 12. Sect. 122—125. 135 

You, A. B., do swear that you will impartially record the pro- —of judge ad- 
ceedings of the court, and the evidence to be given in the case now vocate. 
in hearing. So help you God. 

Witnesses shall be summoned in the same manner, take the same witnesses, 
oath, and be examined and cross-examined by the parties in the same 
way, as on trials before courts martial ; but the court shall not give 
their opinions on the merits of the case, unless specially required so 
to do. 

Judge advocates shall attend courts of inquiry in their division, in judge advo- 
the same manner as they attend courts martial ; and special judge ad- *^^^^® '° attend, 
vocates for the court shall be appointed, in the same manner in like 
cases. All the proceedings therein shall be recorded, and, with the 
papers and documents used therein, authenticated and transmitted, by 
the judge advocate, to the officer who ordered the court, in hke man- 
ner as in the case of courts mai'tial. 

Sect. 122. No officer, appointing a court martial, court of in- No guard, un- 
quiry, or board of officers, shall order a guard for the same, unless, 18^4*1^81 §5. 
in his opinion, it be necessary for their protection, and all pay and 
fees shall be such as are provided in the one hundred and twenty § 124. 
fourth section. 

COMPENSATION. 

Sect. 123. There shall be paid, to the officers hereinafter men- Compensation, 
tioned, the following sums as a compensation for their services : 

To the senior aid of a major general, twelve dollars annually ; to -to aids, bn- 

1-1 • • /- 1 11 11 11 gade majors, 

a brigade major or mspector, twenty nve dollars annually ; to the ad- and adjutants, 
jutant of a regiment or battalion, twelve dollars annually. 

To the adjutant of a regiment or battalion of cavalry, artillery, gren- 
adiers, light infantry, or riflemen, twenty five dollars annually ; and 
to the adjutant of every other regiment or battalion, twelve dollars 
annually. 

Sect. 124. There shall be allowed to all officers composing; J'^^"'!'"^'"- 

^•1 ^ [. . . 1 •]• 1 1 1 • " bers of courts 

courts martial, courts 01 inquiry, and military boards, and witnesses martial, &c. 
attending before them, five cents for every mile they shall necessarily j^^|' |^^; § 2. 
travel, in going to and returning from the place of trial, and the fol- ' 
lowing sums for each day of their attendance upon the same : 

To the president of any court martial, court of inquiry, or military —of president, 
board, three dollars. 

To the judge advocate of the same, four dollars ; to be in full —of judge ad- 
compensation also for all services of preparing papers before, and ^°*^^*®* 
making copies after any trial, inquiry or investigation. 

To the marshal and other members of such court or board, two —of marshal 

dollars. and members. 

To each witness attending on such court or board, one dollar. —of witnesses. 

Fee§ for subpoenas and service of them shall be the same as in Fees. 
civil cases. 

No allowance shall be made for pay or returns for any military No allowance 
guard, unless such guard is ordered by the officer appointing the [essf^^' ""' 
court, nor shall the above compensation be made to officers in actual 
service and receiving pay. 

Sect. 125. There shall be paid, to each member of a company Allowance to 
raised at large, the sum of five dollars, annually, from the treasury of members of 

' •! ' J volunteer com- 



136 Chap. 12. Sect. 126— .127. [part i. 

IBM, 152, § 4. the town, in which he resides ; provided, he shall keep himself con- 
1835^ 144, § i. stantly armed, uniformed and equipped, and shall perform all the ac- 
tive duty required by law. 
Compensation The commanding officer of every such company, on or before the 
out' andT certU^ ^^^^ ^^7 °^ November, annually, shall make out and certify a list of 
fied. the men in his company, residing in each town, entitled to such pay 

for the preceding year, to the selectmen of such town, who, within 
How examined ^q^ (jgyg after, shall examine the said list, and order the treasurer of 
^ ^*' ■ said town to pay to each person the sum to which he is entided. 

And if any soldiers of a volunteer company prefer that the sums 
due to them be paid to the use of such company, an order may be 
drawn upon the back of said list, payable to any person to the use 
thereof, and the said Hst being examined as aforesaid, the treasurer of 
the town shall pay to such person, to the use of such company, the 
sums respectively due to the soldiers, who have signed such order, 
and take his receipt therefor. 
Action for non- If such treasurer shall, upon demand, refuse to pay any of the said 
payment. sums, each person entitled thereto may maintain an action of assump- 

sit against the town therefor. 
Penalty for If any such commanding officer shall refuse to make or certify any 

fySd examine' such list, or shall certify the same falsely, he shall forfeit the sum pro- 
§ 101. vided in such case, by the one hundred and first section ; or if any 

selectmen shall refuse to examine the same, or to draw such order, 
each person so offending shall forfeit the sum provided in such case, 
§ 105. by the one hundred and fifth section. And the amount of money, so 

Commonwealth paid from the treasury of any town, shall be reimbursed out of the 
to reimburse treasury of the Commonwealth, upon an order drawn by the trea- 
towns. surer of the town, in form substantially as follows : 

To the Treasurer of the Commonwealth of Massachusetts. 

Pay to the sum of , being the amount paid out 

of the treasury of the town, (city, or district, as the case may be,) of 

, by order of the selectmen, (or mayor and aldermen, as the 

case may be,) thereof to (here insert the number of persons paid,) 
individuals for militia services, performed by them during the past 
year. 

A. B., Treasurer of . 

1834, 152, § 3. And the treasurer shall make oath to the truth of the facts stated in 
1835, 144. g^jj order, before some justice of the peace, who shall certify the 

same upon said order. 
Compensation Sect. 126. If any officer, non-commissioned officer or private, 
their famUies shall be killed, or die of wounds received on military duty, or shall 
when Lmured ^c wouuded or Otherwise disabled, when on such duty, he, or his 
orkille . widow, child, or children, shall receive from the general court just 

and reasonable relief. 
Pay of troops in Sect. 127. The militia, while in actual Service, shall receive the 
1814^7^0^"^^' same pay and rations, as the regular troops of the United States ; and 

the rations shall be valued at twenty cents each. 

Additional pay Every non-commissioned officer and private, who shall provide 

troops^"'™^'' himself with an uniform and blanket, when called into service, shall 

receive, monthly, in addition to his stated pay, as follows ; sergeants 

and musicians, four dollars ; corporals and privates, three dollars and 

to those seventy five cents ; and if he shall not so provide himself, he shall be 

without unitorm. •' 



TITLE iv.J Chap. 12. Sect. 128—132. 137 

allowed monthly, two dollars and fifty cents. And every non-com- To those provi- 
missioned officer and private, who shall provide his own arms and aras.^**^'^ °^^ 
equipments required by law, and keep himself so armed and equip- 
ped, shall receive therefor the additional sum of fifty cents per 
month. 

When the miHtia are discharged from actual service, they shall be When discharg- 
allowed pay and rations to their respective homes, at the rate of fif- p^{(f°^'°°^ 
teen miles per day. 

Sect. 128. All pay rolls, claims for compensation or allowance. Payrolls and 
and all military accounts whatever, unless it is otherwise specially pg^^^tira^ how" 
provided by law, shall be transmitted to the adjutant general and ex- examined' and 
amined, and if found correct, certified by him. They shall then, certified, 
unless it is otherwise specially provided by law, be presented to the 
committee of the legislature, on accounts, for allowance ; and all 
claims and accounts, which shall be allowed by them, shall be paid to How allowed 
the persons to whom they are severally due, or to their order, at the 1822^102 §6. 
treasury of the Commonwealth. 

CALLING OUT THE MILITIA IN CASE OF WAR, INVASION, INSUR- 
RECTION, TUMULTS OR RIOTS. 

Sect. 129. Whenever any invasion of the state, or insurrection Militia, how 
therein, shall be made or threatened, the commander in chief shall case o^bvasion 
call upon the militia to repel or suppress the same ; and he may or- or insurrection. 
der out any divisions, brigades, regiments, battalions or companies ; i^oo, 108, §24. 
or may order to be detached any parts or companies of the same, or 
any number of men to be drafted from the same, and may cause offi- 
cers to be detailed, sufficient with those attached to the troops, to 
organize the forces ; and if such invasion or insurrection, or any im- 
minent danger thereof, in any part of the state, shall be so sudden, 
that the commander in chief cannot be informed, and his orders re- 
ceived and executed, in season to resist or suppress the same, any 
commanding officer of a division, in such part of the state, may order 
out his division, or any part thereof, in the same manner as the com- 
mander in chief might do ; and when any troops are in the field for 
such purposes, the senior officer of the troops present shall com- 
mand, until the commander in chief, or some officer detailed by him, 
shall take the command. 

Sect. 130. Whenever any draft from the militia shall be order- Drafts how 
ed, the non-commissioned officers and privates (except so many as i809%08, §m. 
shall offer to serve voluntarily) shall be drafted by lot from the com- 
pany, and the officers regularly detailed from the roster. 

Sect. 131. If any company without officers be ordered to Drafts in com- 
march, or any draft or detachment be ordered therefrom, the com- officers!^'* °"* 
manding officer of the regiment or battalion, to which they are attach- 1809, 108, $ 24. 
ed, shall detail some officer to command such company, who shall 
have the same authority to order them to appear, to command them 
in the field, or to make any draft or detachment therefrom, as the 
captain of such company would have, and shall be under the same 
responsibility. 

Sect. 132. Every officer, who, when ordered, shall unnecessa- ^^^^}^^ ^°,^ °^' 
rily neglect to march to the place of rendezvous, or shall otherwise ing to march, or 
disobey any lawful order, shall be punished as is provided in such disobeying. 
18 



138 Chap. 12. Sect. 133—134. [part i. 

§§119.139.140. cases, in the one hundred and nineteenth, one hundred and thirty 
For soldiers. ninth, or One hundred and fortieth sections, and every soldier ordered 
out, detached or drafted, who shall not appear at the time and place, 
armed and equipped as the law directs, or who shall not have some 
able bodied and proper substitute, so armed and equipped, at such 
1809 108 § 24. *^"^6 ^^^ place, or shall not pay to the captain of his company the 
sum of fifty dollars, within twenty four hours from such time, shall be 
taken to be a soldier absent without leave, and dealt with according- 
ly, as in actual service ; and each non-commissioned officer and sol- 
dier shall take with him provisions for not less than three days, when 
so ordered. 
Selectmen to Sect. 133. The selectmen of every town, to which any men 

naffes^&c'' ^° Ordered out, detached, or drafted belong, when required in writ- 
ing by the commanding officer of any regiment or detachment, shall 
provide carriages to attend them with further supplies of provisions, 
and to carry the necessary baggage, and shall provide the necessary 
camp equipage and utensils, until they are notified by the command- 
ing officer to desist ; and they shall present their accounts, as is pro- 
§ 128. vided in the one hundred and twenty eighth section ; and if they shall 

Penalty on ncglect or refusc to provide the same, or any part thereof, such town 
neXct*""^ shall be liable to the penalty provided in such case, in the one hun- 

1809, 108, § 24. dred and sixth section ; and the officer, to whom any articles above 
§ lOG. mentioned shall be delivered, shall be responsible that care be taken 

of the same. 
In case of tu- Sect. 134. When there shall be, in any county, any tumult, riot, 
muits, riots mob, Or any body of men acting together by force, with intent to 

mobs, &c. how V r 1 * «• • 1 ^ . v 

the mihtia are commit any lelony, or to otter violence to persons or property, or by 
to be ordered force and violence to break and resist the laws of the Common- 
wealth, or any of the same be threatened, and the fact be made to 
appear to the commander in chief, or to any court of record sitting in 
said county, or if no such court be sitting therein, then to any justice 
of any such court, or if no such justice be within the county, then to 
the sheriff thereof ; the commander in chief may issue his order, or 
such court, justice or sheriff may issue a precept, directed to the 
commanding officer of any division, brigade, regiment, battalion, or 
corps, to order his command, or any part thereof, (describing the 
kind and number of troops,) to appear at a time and place therein 
specified, to aid the civil authority in suppressing such violence, and 
supporting the laws ; which precept, if issued by a court, shall be in 
substance as follows : 



out. 



Form of pre- 
cept. 



Commonwealth of Massachusetts. 

L. S. 

m ( insert the offi- ? a r> j- ^ insert his 

To < , ,.,, ^ > A. B. commandine < , 

( cer s title. ) ° ( command. 

Whereas it has been made to appear to our justices of our- 



now holden at , within and for the county of , that 

[here state one or more of the causes above mentioned,) in our county 
of , and that military force is necessary to aid the civil autho- 
rity in suppressing the same ; now therefore, we command you that 
you cause, (here state the number and kind of troops required,) armed, 
equipped, and with ammunition, as the law directs, and with proper 



TITLE IV.] Chap. 12. Sect. 135—138. 139 

officers, either attached to the troops, or detailed by you, to parade 

at , on , then and there to obey such orders as may 

be given them, according to law. Hereof fail not at your peril ; and 
have you there this writ, with your doings returned thereon. 

Witness, L. S., Esq., at , on the day, of , in 

the year 

C. D., Clerk. 

Any [And] if the same be issued by any justice or sheriff, it shall nse, 59, §§ i 
be under his hand and seal, and otherwise varied to suit the circum- and 2. 
stances of the case. 

Sect. 135. The officer, to whom the order of the. commander Penalty of offi- 
in chief, or such precept shall be directed, shall forthwith order the bevin^"^ ^'^°' 
troops, therein mentioned, to parade at the time and place appointed ; 
and if he shall refuse or neglect to obey such order or precept, or if 
any officer shall neglect or refuse to obey any order, issued in pursu- 
ance thereof, he shall be cashiered, as provided in the one hundred § 119. 
and nineteenth section, and be further punished by a fine as provided 
in such case, in the one hundred and first section, or by imprison- § lOl- 
ment not exceeding six months, upon indictment and conviction there- 
of. And any non-commissioned officer or soldier, who shall nedect — ofso''^ie'"s 

J ,iri 1 1-1 and others. 

or reiuse to appear at the place oi parade, to obey any order issued 1786, 59, §§ 3. 4 

in such case, or any person, who shall advise or endeavor to persuade ^'^ ^^ 

any officer or soldier, to refuse or neglect to appear at such place or 

to obey any such order, shall suffer the penalty provided in such case, 

in the ninety eighth section. ^ ^^• 

Sect. 136. Such troops shall appear at the time and place ap- Troops to ap- 
pointed, armed and equipped and with ammunition, as for inspection P'^^'' ^^ rendez- 

X J 1 1 X ' 1 VOUS 3.ncl 0D6V 

of arms, and shall obey and execute such orders, as they may then &c. ' ' 

and there receive, according to law. 

RULES AND ARTICLES FOR GOVERNING THE TROOPS OF THE 
COMMONWEALTH, AND THE MILITIA IN ACTUAL SERVICE. 

Sect. 137. The following rules and articles are established and 
declared to be in force, for governing all the troops and militia of the 
Commonwealth, in actual service, in field, camp or garrison. All who shall be 
suttlers and retainers to an army, all drivers, conductors, and all per- taken to be sol- 
sons, receiving pay or hire for any services, in or with the troops or 
militia, while they are in actual service in the field, camp or garrison, 1736, 37 pre- 
shall be taken to be soldiers, and governed by these rules and articles, amble, art. 34 

Sect. 138. The offenders described in this section shall suffer ^'' ' 
death, or such other punishment, as may be inflicted upon them, by ,^i^d'^by^eath 
sentence of a court martial, according to the nature of the offence : or, &c. 

Art. i. Any officer or soldier, who shall begin, excite, cause or Sedition. 
join in any meeting or sedition in any company, regiment, party, post, nse, 37, art. 5, 
detachment, guard or body of soldiers, in the service of the Com- u. s. art. War, 
mon wealth. 

Art. ii. Any officer or soldier, who being present at, or know- Not suppressing 
ing, any meeting or sedition, does not use his utmost endeavors to t^vine"mforma. 
suppress the same, or, knowing of any intended meeting or sedition, tionofit. 
does not give Information thereof to his commanding officer. tn's' ^' ^ 

Art. iii. Any officer or soldier, who shall desert. Desertion. 

Art. 8, U. S. 
?n. 20. 



140 Chap. 12. Sect. 139. [part i. 

Advising de- Art. iv. Any officer or soldier, who shall advise any other officer 

sertion. or soldier to desert. 

art. 23. Art. V. Any officer or soldier, who shall misbehave himself be- 

bl'fore^an'efe- ^°^^ ^^ enemy, run away, or shamefully abandon any fort, post or 

my, abandoning guard, or speak or do any thing to induce others to do the like at 

&7,u.S. such time. 

^J^' ^T . Art. vi. Any officer or soldier, who shall abandon his post or 

Abaiidoning i i i 

post or colors colors, to plunder. 

Arf. 32 u. S. Art. vii. Any officer or soldier, who shall make known the 
art. 52. watchword to any person not entitled to receive it, according to the 

orVisifying°the fules and discipline of vi^ar ; or who shall give a parol or watchword, 
watchword. different from what he has received. 

Art. 28, U. S. ,,.,,,,/. r 1 

art. 53. Art. viii. Any officer or soldier, who shall lorce a safeguard. 

guard." Art. ix. Any officer or soldier, who shall knowingly harbor or 

Hafb r"^'' ^^" protect an enemy, or relieve them with money, victuals, arms or am- 

relievingan munition. 

Art!"2^ U. S. Art. X. Any officer or soldier, who shall directly or indirectly 
art. 56. hold Correspondence with, or give intelligence to the enemy. 

Corresponding . i i n i i i 

witiiau enemy. Art. XI. Any officers or soldiers, who shall compel the command- 
art'57^'^' ^' ^^ °^ ^"y garrison, post, fortress or guard, to surrender or abandon it. 

Compelling ^y^^ ^ii. No pcrson shall be sentenced to death, except by a gen- 

commander 1 . ,* , . , . 1 • ^1 p • 

to surrender. cral court martial, and in cases expressly mentioned in the loregoing 

Art. 33, U.S. articles. 

art. 59. 

No sentence of Sect. 139. The offenders described in this section, shall be 
coun martiaJ ^ cashicred, in addition to any other punishment which may be law- 
Art. 59, u. s. fully inflicted : 

Offences of offi- Art. xiii. Any officer, who shall use traitorous or contempt- 
b^'^cashleri'n*^ "°"^ words, against the authority and government of the United 
Using traitorous States, Or the authority, government, or legislature of the Common- 
er contemptu- wealth 
ous expressions. 

Art. 3, U.S. Art. xiv. Any officer, who shall refuse or neglect to march to 

Neglecting to the place of rendezvous, to make any draft, or disobey any lawful or- 
march,&c. Jer in case of war, invasion or insurrection, as provided in the one 
hundred and twenty ninth, one hundred and thirtieth, one hundred 
55 1 9- 0- -2. ^jjj thirty first, or one hundred and thirty second sections. 

Disobedience of Art. XV. Any officer, who shall refuse or neglect to obey any 
orders. precept or order to call out the militia, or any order issued in obedi- 

ence to such order, contrary to the provisions of the one hundred and 
§§ ia4-5-6. thirty fourth, one hundred and thirty fifth, or one hundred and [thirtyl 
sixth sections, or shall advise or persuade any other officer or soldier 
to do the like. 
Provocation to ^ft, ^vi. Any officer, who shall use any reproach or provoca- 
Art.io, u. S. tion to another, in speech, gesture, or writing, to induce him to fight 

art. 24. g (Juel. 

Giving or ac- Art. xvii. Any officer, who shall give or send a challenge to any 

ieXe"^^c!' * " officer or soldier, to fight a duel, or accept any such challenge, when 

Art. 10 and 11, sent to himself, or who is a second in a duel, or promoter or carrier 
U. S. art. 25. ^p „ , „ ' ^ f 

01 a challenge. 



TITLE IV.] Chap. 12. Sect. 140. • 141 

Art. xviii. Any officer, who shall upbraid another for not send- S^dSiiefi^g 
ine, or for refusing; a challeneie. &c. 

. . Art. 13 U. S. 

Art. xix. Any officer, commanding a guard, who shall knowingly art. 28.' 
and willingly suffer any person to pass the same, in order to fight a ^^""^^"""^ ,^ P^"^' 
duel, or any officer, knowing or believing, or having reason to be- guard to fight a 
lieve, any challenge to be given or accepted, carried or promoted, by ^^^^ 
any officer or soldier under his command, shall not immediately persons about 
arrest and bring him for trial. Arf^ii* u S 

Art. XX. Any officer found drunk on his guard or other duty. ^^- ^6. 

. *^ Drunkenness on 

Art. XXI. Any officer under arrest, who shall leave his confine- duty. 
ment before he is set at liberty by his commanding or other superior ^rf '45 ' ^" ^' 
officer, or the officer who confined him. Escaping from 

cirrcst. 

Art. xxii. Any officer convicted of behaving in a scandalous or Art. 55, u. s. 
infamous manner. 2J'; ^^: 

rSenaving scan- 
Art, xxiii. Any officer, store keeper, or commissary, embezzline; daiousiy. 

r J . ^ ' . r .1 /-. °Art. 56, U. S. 

or committmg any h-aud, concernmg any property 01 the Common- art. 83. 

wealth, or of any officer or soldier, besides being criminally liable for Embezzling or 

.1 i-> J committing 

me same. any fraud. 

Art. xxiv. Any officer selling, or designedly, or through neglect. Wasting or sell- 
wasting, the ammunition, military stores, implements or other prop- An.^n^ii. s. 
erty of the Commonwealth, in his care or possession. art. 36 and 37. 

Art. xxv. Any officer, who shall refuse to deliver over any other ofl°enderto"c'ivii 
officer or soldier to the civil authority, or who shall shelter or con- authority. 
ceal any witnesses, contrary to the provisions of the one hundred art. 33.' 
[and] forty second section. § w^. 

Sect. 140. The offenders described in this section shall suffer Offences pun- 

, . , ,. , r 1 rr i islied at discre- 

such punishment, according to the nature 01 the oiience, as may be tion of court 
inflicted upon them, by sentence of a court martial : martial. 

J- ' •' rrccedmg of- 

Art. xxvi. Any non-commissioned officer or private, guilty of fences, wTien 
the offences descrilDed in the last section, for which an officer would soidi'ers^'^ ^ 
be cashiered. f^^lt^J: 

Art. xxvii. Any officer or soldier, who shall behave hanself with Disrespect or 
disrespect or contempt towards the commander in chief, the com- eoln,nandin^o- 
manding officer of the troops, or his own commanding officer. officer. 

Art. xxviii. Any officer or soldier, who shall disobey the lawful ^[sobe^en^e 
command of his superior officer. An. 7, u. s. 

Art. xxix. Any officer or soldier, who shall strike his superior striking supe- 
officer, or draw or lift up any weapon against him, or offer any vio- ™^ "'f^T^s 
lence against him in the execution of his office. art. 9.' 

Art. XXX. Any officer or soldier, who shall refuse to obey, or Resisting, &c., 
shall resist, or draw or lift any weapon against, or offer any violence auempts to quell 
to any officer of any rank, (inferior or superior) attempting to part or a quarrel. 
quell any quarrel in any company, regiment, or body of men, (his ^rt! 27? 
own or any other,) or who shall not submit, when arrested by any 
such officer, in such case, by the authority hereby given. 

Art. xxxi. Any officer, commanding in quarters, garrisons, or Not keeping 
on a march, who shall not keep good order, and, to the utmost of his °j[^"^5^^i!^^' 
power, redress all abuses and disorders, committed by those under protecting citi- 
his command, or who, upon complaint made to him of any beating, 2®"*- 



142 



Chap. 12. Sect. 140. 



[part I. 



Art. 14, U. S. 
art. 32. 



Being one mile 
from camp, &c. 
without leave in 
writing-. 
Art. 18, U. S. 
art. 41. 
Being absent 
without leave. 
Not retiring to 
quarters at 
night. 

Art. 20, U. S. 
art. 43. 

Not repairing to 
rendezvous, un- 
less, &e. 
Art. 21, U. S. 
art. 44. 



Sentinel found 
sleeping, &c. 
Art. 23, U. S. 
art. 46. 
Occasioning 
false alarms. 
Art. 24, U. S. 
art. 49. 
Leaving pla- 
toon, &c. 
Art. 25, U. S. 
art. 50. 
Offering vio- 
lence to persons 
bringing provi- 
sions. 

Art. 26, U. S. 
art. 51. 
Disturbing 
court martial. 
Art. 49, U. S. 
art. 76. 

Refusing to re- 
ceive prisoner. 
Art. 52, U. S. 
art. 60. 



Releasing a 
prisoner. 
Art. 55, U. S. 
art 81. 
Not reporting 
prisoners. 
Art. 54, U. S. 
art. 82. 



Crimes not cap- 
ital, nor special- 
ly enumerated. 
Art. 61, U. S. 
art. 99. 

Officers absent 
from divine ser- 
vice, &c. 



ill treatment, riot, or disquieting of any citizens or subjects of the 
United States, shall omit to use means to punish the offender or 
offenders, and cause reparation to be made to the party injured, so 
far as the offenders' pay will go. 

Art. xxxii. All non-commissioned officers and privates, found 
one mile from the camp, fort or post, without leave in writing from 
the commanding officer. 

Art. xxxiii. Any officer or soldier, who shall be out of his camp, 
post, or quarters, without leave from his superior officer. 

Art. xxxiv. Any non-commissioned officer or private, who shall 
not retire to his quarters or tent, at the beating of the retreat. 

Art. XXXV. Any officer or soldier, who shall not repair, at the 
time fixed, to the place of parade or exercise, or other rendezvous 
appointed by the commanding officer, unless prevented by sickness 
or evident necessity, or who shall go from guard or such place of 
rendezvous, without leave from his commanding officer, before he is 
regularly dismissed or relieved. 

Art. xxxvi. Any sentinel, who shall be found sleeping on his 
post, or who shall leave it before he shall be regularly relieved. 

Art. xxxvii. Any officer or soldier, who shall occasion false 
alarms in camp, garrison or quarters, by discharging fire-arms, draw- 
ing of swords, beating of drums, or by any other means whatsoever. 

Art. xxxviii. Any officer or soldier, who without urgent neces- 
sity, or leave of his superior officer, shall leave his platoon, division, 
or guard. 

Art. xxxix. Any officer or soldier, who shall do violence, or 
offer any insult or abuse to any person, who brings provisions or 
other necessaries to the camp, garrison or quarters. 

Art. xl. Any person, who shall use menacing words, signs or 
gestures in presence of a court martial then sitting, or cause any dis- 
order or riot to disturb their proceedings. 

Art. xli. Any officer or non-commissioned officer, commanding 
a guard or provost marshal, who refuses to receive a prisoner, com- 
mitted to his charge, by any officer of the forces of this Common- 
wealth, when a statement of the charge, in writing, signed by such 
officer, is delivered to him. 

Art. xlii. Any officer or soldier releasing a prisoner without 
proper autho^-ity, or suffering him to escape. 

Art. xliii. Every officer or provost marshal, to whom prisoners 
are committed, who shall not, within twenty four hours after, or as 
soon as he shall be released from his guard, notify to his and to their 
commanding officers, their names and crimes, and the names of the 
officers who committed them. 

Art. xliv. All offenders guilty of crimes not capital, and of dis- 
orders and neglects which officers and soldiers may be guilty of, to 
the prejudice of good order and military discipline, though not men- 
tioned in the foregoing articles. 

Art. xlv. Officers, who shall unnecessarily absent themselves 
from divine service, or behave indecently or irreverently, at any place 



TITLE iv.J Chap. 12. Sect. 141 — 14:2. 143 

of worship, shall, upon judgment of a court martial, be publicly and An. i, u. S. 
severely reprimanded by the president. ^'■'- ^• 

Sect. 141. Officers and soldiers shall be subject to the follow- Fiues. 

ing fines: _ _ _ _ _ Soldiers absent 

Art. xlvi. Any non-commissioned officer or private, absenting fromorbeha- 
hlmself from, or behaving indecently and irreverently at, divine vvor- durfn'"d!vhie'^ 
ship, not exceeding one dollar, and for each offence after the first, to worsiilp. 
be confined twenty four hours in addition thereto. tn'i' ^'^' 

Art. xlvii. Any officer, guilty of profane cursing and swearing, for Profane cursing 
each offence two dollars. offic'^rr'"^ ^^ 

Art. xlvii. Any non-commissioned officer or private, guilty of ^f 3^' ^' ^' 
profane cursing and swearing, for each offence not exceeding one ^^of^ne cursing 

dollar. and swearing 

Art. xlix. Any fine not exceeding two hundred dollars may be Art. 2. U.S. 
inflicted by a court martial, as a part or the whole of the sentence ; ^'''•^• 
and so much of the same, as cannot be stopped out of the pay of the majiLL'^ *^°"'^* 
offender, shall be recovered as provided in the one hundred and I821, 92, § 9. 
tenth section. ^ ^^°- 

Art. 1. All fines may be stopped out of the pay of the offender ; Fines stopped 
and the field officers of every regiment may appoint some suitable °"' ^o''T■J■^ 
person in the regiment, to receive all fines incurred for any breach of art.'s. ' 
these articles, and may direct the same to be properly applied to the 
rehef of the sick, wounded or needy soldiers of such regiment ; and 
the receiver shall account to such officers for all sums so received. 

Sect. 142. The following rules shall also be observed in actual 
service : 

Art. li. If any officer shall think himself to be wronged by his Officer wrong- 
colonel, or the commanding officer of his regiment or battalion, and T*^^i5°t°j § 
shall, upon due application made to him, be refused redress, he may art. 34.' 
complain to the commander in chief, or commander of the forces in 
service, who shall examine the case and see that justice is done. 

Art. Hi. If any inferior officer or soldier shall think himself to be officer or sol 
wronged by his captain, or the commanding officer of his company, he dier, wronged 
may complain to the commanding officer of^his regiment or battalion, An!^i^'^U.S. 
who shall convene a regimental court martial, for the purpose of doing art. 25.' 
justice to the complainant ; from which either party may appeal to a 
general court martial, but if the appeal be vexatious, the party appeal- 
ing may be punished at the discretion of the court martial. 

Art. liii. All public stores taken from the enemy shall be secured P'^'^"'' ^^-^'^^^ 
to the use of the Commonwealth. An'^s'i u. s. 

Art. liv. When different corps of foot, or horse and foot, join or do oide^s^ officer to 
duty together upon marches, guards, or in quarters, or camp, the command with- 
oldest officer by commission shall command, without respect to corpT.^'''^'' '° 
corps, and give the orders necessary to the service. Art. 35 and 36, 

Art. Iv. Whenever any officer or soldier shall be accused of a offenders to be 
capital crime, or of having used violence, or committed any offence delivered to ci- 
against the person or property of any citizen or subject of the United ^'' ^uthonty. 
States, such as is punishable by the known laws of the United States, 
or of the state where it is committed, the commanding officer and 
the officers of every army, detachment, regiment, battalion or com- 



144 



Chap. 12. Sect. 143. 



[part I. 



§139. 

Property of de- 
ceased persons, 
secured. 
U. S. art. 94. 



Pay and rations 
§127. 



Courts martial, 

§§ i 15-16-17. 
18-19-20-21. 



Arrests. 
Art. 60, U. S. 
art. 77. 



Length of im- 
prisonment be- 
fore trial. 
Art. 51, U. S. 
art. 79. 

General and di- 
vision court 
martial, by 
whom ordered. 



Number of 
members of 
general court 
martial. 
Art. 37. 

Number of 
members of di- 
vision and regi- 
mental court 
martial. 
Art. 46, 47, U. 
S. art. 67. 
Power of regi- 
mental court 
martial. 



pany, to which the accused belongs, upon application duly made by 
or in behalf of the party injured, shall use their utmost endeavors to 
deliver over the accused to the civil magistrate, and to aid the offi- 
cers of justice in apprehending and securing the accused, to bring him 
to trial. And if any commanding officer or any officers shall wilfully 
neglect or refuse, upon application aforesaid, to deliver over the ac- 
cused, or to aid the officers of justice, or shall detain, shelter or 
conceal any witnesses in any case, they shall be punished as is provi- 
ded in the one hundred and thirty ninth section. 

Art. Ivi. When any officer or soldier shall die or be killed in the 
service of the Commonwealth, his commanding officer shall order 
some suitable person to secure all his property and effects, and to 
take an inventory of them in the presence of two commissioned 
officers, who shall attest the same, and to preserve the said effects 
and inventory, until they shall be demanded by his legal representa- 
tive. 

Art. Ivii. The pay and rations of troops in actual service shall 
be such as are provided by the one hundred and twenty seventh sec- 
tion. 

Sect. 143. Courts martial in actual service shall be ordered and 
held, and shall proceed in the same manner as the militia courts 
martial, provided in the one hundred and fifteenth, one hundred and 
sixteenth, one hundred and seventeenth, one hundred and eighteenth, 
one hundred and nineteenth, one hundred and twentieth, one hun- 
dred and twenty first, and one hundred and twenty second sections, 
except so far as the same may be repugnant to the following regula- 
tions : 

Art. Iviii. When any officer or soldier shall commit any offence 
deserving punishment, if an officer, he shall be put under arrest and 
confined to his quarters, and his sword shall be taken from him by the 
commanding officer ; and if a non-commissioned officer or soldier, he 
shall be imprisoned, until he can be tried by a court martial, or dis- 
charged by proper authority. 

Art. lix. No officer or soldier, under arrest and imprisoned, shall 
continue in confinement more than eight days, or until a court mar- 
tial can be conveniently assembled. 

Art. Ix. A general court martial may be ordered by the general, 
commanding any separate army in the field, garrison or quarters, as 
well as by the commander in chief; and a division court martial by a 
major general, or by a commanding officer of a division, as organized 
for field service. 

Art. Ixi. A general court martial in actual service shall consist of 
not less than thirteen commissioned officers ; and the president shall 
not be the commander in chief, nor the commanding officer of the 
army, detachment or garrison where the offender shall be tried, nor 
under the rank of a field officer. 

Art. Ixii. Division courts martial shall consist of not less than 
nine, and regimental courts martial of not less than five, officers, when 
that number can be conveniently assembled, nor less than three in 
any case. 

Art. l^iii. Regimental courts martial shall not have the power to 
try commissioned officers, but they shall be tried by general or divi- 



TITLE IV.] Chap. 12. Sect. 143. 145 

sion courts martial according to their rank ; nor shall they inflict any Art. 46, u. s. 
heavier punishment than a fine equal to one month's pay, or than one ^^^- ^^• 
month's imprisonment. 

Art. Ixiv. Any officer commanding a fort, castle, quarters, or Post and de- 
any body of men, composed of detachments from different regiments, tachment court 
or of independent companies, may assemble courts martial like regi- Art. 48Ju. S. 
mental courts martial, and with the same powers. art. 66. 

Art. Ixv. Whenever the matters to be examined shall be pecu- Court martial 
liar to troops of a particular arm, the courts martial shall be com- corpT"^^^' 
posed as far as possible of officers of that arm. Art. 58. 

Art. Ixvi. No officer below the rank of captain shall sit at the Rank of mem 
trial of any officer of the rank of field officer. bers of court 

Art. Ixvii. No court martial shall sit except between the hours of Art. 44! 
eight in the morning and three in the afternoon, except in cases which Time of holding 
require an immediate example. ArV44""^ 

Art. Ixviii. Members of courts martial belonging to different corps Rank in court 
shall take rank according to seniority. martial. 

Art. Ixix. The judge advocate of the division, in which the of- ^"^^ ^^' 
fence was committed, or some other judge advocate, or, in their die^^ ^°' 
absence, some suitable person, shall be appointed to be judge advo- Art. 39. 
cate of the court, by the officer ordering the same. 

Art. Ixx. The judge advocate shall administer to the president oathof presi- 
and each member of the court the following oath : dent and mem- 

You swear, that you will well and truly try and determine, accord- 
ing to your evidence, the matter now before you between the Com- 
monwealth of Massachusetts and the prisoner to be tried ; that you 
will duly administer justice, according to the rules and articles for 
governing the troops of the said Commonwealth, without partiality, 
favor or affection, and, if any doubt shall arise, which is not explain- 
ed by the said articles, according to your conscience, the best of 
your understanding, and the custom of war in like cases ; that you 
will not divulge the sentence of the court until it shall be approved 
by the commanding officer ; and that you will not, upon any ac- 
count, at any time whatsoever, disclose or discover the vote or opin- 
ion of any particular member of the court martial, unless required by 
a court of justice, to give evidence as a witness, in due course of law. 
So help you God. 

The president shall then administer the following oath to the judge Oath of judge 

advocate : advocate. 

You, A. B., do swear, that you will faithfully and impartially dis- art!"79.' ' ' 
charge your duties on this occasion to the Commonwealth as well as 
to the accused, and that you will not, upon any account, at any time 
whatsoever, divulge any vote or opinion of any member of this court 
martial, unless required by a court of justice, to give evidence thereof 
as a witness, in due course of law. So help you God. 

Art. Ixxi. All persons, called to giv^e evidence before a court Witnesses re- 
raartial, who shall not appear, or shall refuse to testify, without legal ^^"teluf'^^^^' 
excuse, shall be punished at the discretion of such court martial. 

Art. Ixxii. Witnesses shall be examined upon oath administered Oath of wit- 
by the judge advocate, in the form prescribed by the one hundred ^''ng^' 
and eighteenth section. ^ Art. 44. 

Art. Ixxiii. Members of a court martial shall vote, beginning with ^°K^ \° courts 

, Q J o o martial. 



146 



Chap. 13. 



[part I. 



Two thirds ne- 
cessary to cap- 
ital sentence. 
Art. 42. 46. 
Proceedings to' 
be transmitted 
to commanding 
oflScer. 
§118. 
Art. 45. 



Pay may be 
suspended. 

Pardon or mit- 
igation of pun- 
ishment. 
U. S. art. 89. 



Construction of 
the word " sol- 
dier." 

Word " select- 
men" to include 
"mayor and 
aldermen." 



the youngest, and shall give judgment by a majority of voices ; but no 
sentence of death shall be given unless two thirds of the members 
concur therein. 

Art. Ixxiv. No sentence of any court martial shall be carried into 
execution, until all the proceedings and evidence, documents, papers, 
and all matters in and concerning the same, be transmitted in the 
manner provided in the one hundred and eighteenth section, to the 
commanding officer of the army, station, camp or post, where the 
court martial is held, and he approve the same and order it to be 
carried into execution. 

Art. Ixxv. Whenever a court martial shall sentence an officer to 
be suspended, it may also suspend his pay and emoluments. 

Art. Ixxvi. Every officer, having power to order a general court 
martial, may pardon or mitigate any sentence of the court, except sen- 
tence of death and cashiering ; and he may suspend the execution of 
these, until the commander in chief shall be informed thereof; and 
he, with the advice and consent of the council, shall have power to 
pardon or mitigate the sentence. 

Sect. 144. In this chapter, the word soldier shall be construed 
to include all persons enrolled in the mihtia, except commissioned 
officers. 

Sect. 145. All the provisions of this chapter, concerning the 
powers and duties of the selectmen of towns, shall be construed to 
include the mayor and aldermen of any city. 



TITL.E Y, 



CHAPTER 13. 



OF CERTAIN STATE OFFICERS. 



Section 



THE GOVERNOR. 



1. The salary of the governor. 

2. The governor, not to have fees of of- 
fice. 

THE LIEUTENANT GOVERNOR. 

3. The salary of the lieutenant governor. 

MEMBERS OF THE GENERAL COURT. 

4. Pay of members of the council and 
general court, when taken sick. 

THE SECRETARY OF THE COMMONWEALTH. 

5. Secretary to be keeper of state seal — 

his copies to be evidence. 

6. " shall cause bills to be en- 
grossed on parchment, and acts of eve- 
ry session to be bound, &c. 



Section 

7. When a secretary is appointed by tne 
governor, &c. 

8. When a secretary is disabled, &c., his 
deputies may act. 

9. Secretary's fees. 

10. " to give gratuitous certificates 

for release of impressed seamen. 

11. " salary. 

12. " clerks. 

13. Salaries of his clerks. 

THE TREASURER OF THE COMMONWEALTH. 

14. Treasurer to give bond. 

15. Bond to be sued, in case, &c. 

16. Governor may remove treasurer on re- 
quest of sureties, in case, &c. 

17. On the death, &c. of treasurer, the se- 
cretary and others to tEike charge of his 
office. 



TITLE v.] 



Chap. 13. Sect. 1. 



147 



Section 

18. Inventory of moneys, to be taken by 
them — duplicate receipts to be given by 
successor of such treasurer. 

19. Receipts given by new treasurer. 

20. Treasurer's salary. 

21. " clerks. 

22. Salaries of clerks. 

23. Punishment for fraud, &c. of clerks. 

24. Treasurer may prosecute on all secu- 

rities given to his predecessors. 
23 " to transmit emnually to the' 

attorney general an account of all bonds 
&c. 

THE ADJUTANT GENERAL. 

26. Adjuteint general 5 appointment and 

salary. 

27. " " to have one clerk 

with a salary. 

THE ATTORNEY GENERAL AND DISTRICT 

ATTORNEYS. 

28. Attorney general, appointment of, &c. 

29. " "to appear for the 
Commonwealth in the supreme court. 

30. " " to appear, when re- 

quired, in other courts. 

31. " " shall advise the dis- 
trict attorneys, make annual reports, &c. 

32. " " shall give abstract of 

reports of district attorneys. 

33. " " shall attend sessions 
of legislature, and give opinions, if re- 
quired, &c. 

DISTRICT ATTORNEYS. 

34. Four criminal districts established. 

35. Northern, southern, middle and west- 
ern districts. 

36. District attorneys, appointment of, &c. 

37. Attorney for the Commonwealth in Suf- 
folk. 

38. General duties of district attorneys. 

39. District attorneys may interchange du- 
ties. 

40. In their absence, the supreme court 
may make a Special appointment. 

41. Annual reports of district attorneys. 

42. Tenure of office of attorney general and 
district attorneys. 

43. Salaries of attorney general and dis- 
trict attorneys. 

44. Salary of attorney for the Common- 
wealth in Suffolk. 



Section 

45. Attorney general, &c., to account for 

all fees. 

46. " " not to receive fees 
of prosecutors, nor be attorney, in case, 
&c. 

NOTARIES PUBLIC. 

47. On the death of notaries, their records, 
&c., to be delivered to clerks of the 
courts of common pleas. 

48. Penalty for neglecting to deliver over 

notary's papers. 

49. " for like neglect of notary's ex- 

ecutors, &c. 

50. " for destroying, &c. notaries' 

records, &c. 

51. Clerks of courts of common pleas, to 

take charge of notaries' records. 

52. " to give copies of notaries' re- 
cords. 

COMMISSIONERS TO TAKE DEPOSITIONS, 
&.C. IN OTHER STATES. 

53. Commissioners to take depositions, &c., 

in other states. 

54. " to authenticate deeds, if 

grEintor refuses to acknowledge. 

55. " validity of their acts. 

56. " how qualified. 

COMMISSIONERS TO ADMINISTER' OATHS 
TO OFFICERS OF THIS STATE. 

57. Appointment of commissioners to quedi- 
fy public officers — governor, &c. may 
qualify. 

SERGEANT AT ARMS. 

58. Sergeant at arms, how and when cho- 
sen—to give bond. 

59. His general duties — to appoint door 
keepers and assistants, subject, &c. 

60. Shall serve processes, &c.— preserve 
state house, &c., from injury. 

61. Shall appoint watchman, subject, &c. 
—watchman shall appoint assistant, sub- 
ject, &c. — their duties. 

62. Same subject. 

63. Sergeant at arms, &c. to prevent tres- 

passes, &c. 

64. " " how removed—va- 
cancy in office, how filled. 

65. Salaries of sergeant at arms Eind watch- 
man — no fee to be taken from visitors. 



THE GOVERNOR. 

Section 1. The salary of the governor shall be three thousand The salary of 
six hundred and sixty six dollars and sixty seven cents, annuallv : t^® governor. 

•' ^ J ) 1780,5 



148 



Chap. 13. Sect. 2—8. 



[part I. 



1788, 57. 
1818, 88. 

The governor 
not to have fees 
of oflSce. 
1780, 5 



and in that proportion for any part of a year ; and said salary shall be 
payable quarterly. 

Sect. 2. The governor shall not be entitled to any fees or per- 
quisites of office in addition to his salary. 



THE LIEUTENANT GOVERNOR. 



The salary of Sect. 3. The lieutenant governor shall have an annual salary 
goVimor."^* of five hundred and thirty three dollars and thirty three cents, paya- 
1818, 97.' ble quarterly. 



Pay of mem- 
bers of the 
council and 
general court 
when taken 
sick. 
1826, 92. 



PAY OF MEMBERS OP THE GENERAL COURT WHEN TAKEN SICK. 

Sect. 4. Any member of the council, senate, or house of re- 
presentatives, who shall be taken sick while going to, or returning 
from, or attending, the general court or council, and who, by rea- 
son of such sickness, may be unable to travel or to be removed to 
the place of his residence, shall be allowed and paid, out of the trea- 
sury of the Commonwealth, the same daily pay, after the adjourn- 
ment of the council, or branch of the general court, to which he may 
belong, and, during the continuance of such disability, as he would 
have been entitled to receive, during the session ; but such daily pay 
shall not extend beyond the commencement of the first session of 
the next succeeding general court. 



Secretary to be 

keeper of state 

seal. 

His copies to be 

evidence. 



shall cause 

bills to be en- 
grossed on 
parchment. 



shall cause 

acts of every 
session to be 
bound, &c. 
1826, 37. 



When a secre- 
tary is appoint- 
ed by the gov- 
ernor, &c. 
1821, 29, § 2. 



When the 
secretary is 
disabled, &c., 
deputies may 
act. 
1813, 49. 



THE SECRETARY OF THE COMMONWEALTH. 

Sect. 5. The secretary of the Commonwealth shall have the 
custody of the state seal ; and all copies of records and papers in 
his office, certified by him and authenticated by the state seal, 
shall, in all cases, be evidence equally and in like manner with the 
originals. 

Sect. 6. All bills, which may hereafter pass to be engrossed, 
shall, by the secretary of the Commonwealth, or under his direc- 
tion, be fairly engrossed on parchment, in a plain and legible hand- 
writing, without interlineation, and with a margin of not less than one 
and a half inch wide on the sides of each sheet of parchment ; each 
of such sheets of parchment shall be twenty two inches long, and six- 
teen inches wide ; and, after every session of the general court, the 
secretary shall cause the acts of such session to be neatly and strong- 
ly bound, in one or more volumes, and lettered on the back, with the 
legislative year in which the same were passed, and with other suita- 
ble designations of the contents of each volume. 

Sect. 7. Whenever any vacancy shall happen in the office of 
secretary of the Commonwealth, during the recess of the general 
court, and the same shall be supplied by the governor, the secretary, 
so appointed, shall take and subscribe the oaths of office, in the same 
manner, as when appointed by the general court. 

Sect. 8. Whenever the secretary of the Commonwealth shall, 
by reason of sickness, absence, or other cause, be disabled from ex- 
ecuting the duties of his office, his deputies, lawfully appointed, shall 
execute all the duties thereof, until such disability shall be removed, 
or until a secretary shall be chosen by the general court, or appoint- 
ed by the governor, as provided by the constitution. 



TITLE v.] Chap. 13. Sect. 9 — 16. 149 

Sect. 9. The fees to be paid in the secretary's office shall be as Secretary's 
provided in the [one'] hundred and twenty second chapter ; the secretary j^g^ ^j . jgjg 
shall exhibit to the governor and council a quarterly return, under 97, § 2. 
oath, of all fees of office received by him ; and such fees shall be 
deducted from his salary. 

Sect. 10. The secretary shall, without any charge whatever, Togive^atu- 
give any certificates that may be necessary to procure the release of fo°"rei^ease of'^* 
American seamen, who may be impressed on board of the ships of impressed 
any foreign nation. l8iT™2. 

Sect. 11. The salary of the secretary shall be two thousand His salary. 
dollars a year, payable quarterly. 1818, 97. 

Sect. 12. The secretary may employ two permanent clerks. His clerks. 
and no more, in his office ; but he may, during the session of the ' ' 
general court, employ a greater number, if he shall find it necessary. 

Sect. 13. The secretary's chief clerk shall have a salary of Salaries of his 
twelve hundred dollars a year ; and the assistant clerks shall each 182V74. 
have a salary of nine hundred dollars a year, and in the same propor- 
tion for any shorter term of time for which any of said clerks may be 
employed ; and the salaries of the clerks shall be payable quarterly. 

THE treasurer OF THE COMMONWEALTH. 

Sect. 14. The treasurer of the Commonwealth shall give a Treasurer to 
bond, with three sureties, at least, to be approved by the governor, |^gj ^^^ i j 
with the advice and consent of the council, in the sum of one hun- 
dred thousand dollars, payable to the Commonwealth ; and the con- 
dition of it shall be in substance, as follows, that is to say ; that the 
treasurer, and all persons employed in his office, shall faithfully dis- 
charge their respective duties and trusts, and more especially, that 
the said treasurer shall use all necessary and reasonable diligence and 
care, in the safe keeping and lawful disposal of all sums of money, 
books, bonds, notes, papers, and all other things appurtenant to said 
office, and which have or shall come to his hands, or to the hands of 
the persons employed by him, and that the said treasurer shall, upon 
reasonable notice, render a true account in the premises, when he 
shall be thei-eto required by any provisions of law in that behalf, or 
by the senate or house of representatives, and shall deliver over to his 
successor in said office, or any other person authorized to receive 
the same, all moneys, books, bonds, notes, and other things belong- 
ing 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 of the treasurer shall be deposited in the Bond to be 
secretary's office ; and the attorney general, upon the order of the ^^l^' '" *^^^®' 
governor, with the advice of the council, or upon the order of the 1791, 59, § 4. 
senate and house of representatives, in general court assembled, or 
any other person, who shall be by them respectively authorized for 
that purpose, shall commence an action upon such bond, and pursue 
the same to final judgment, execution and satisfaction. 

Sect. 16. Upon the representation, under oath, of any surety Governor may 
in such official bond, or of any other person, that the treasurer is m- eronrec^uest of 
sane, or manifestly insolvent, or has absconded or concealed himself, sureties, m case, 
or is absent from the Commonwealth, or from the duties of his of- 1791^ 59^ ^ 2. 



150 



Chap. 13. Sect. 17- 



[PART I. 



On the death, 
&c. of treasur- 
er, the secreta- 
ry and others 
to tajce charge 
of his office. 
1791, 59, § 3. 



Inventory of 
moneys, &.c. to 
be taicen by 
committee. 



Duplicate re- 
ceipts to be giv- 
en by successor 
of such treas- 
urer. 
1791, 59, § 3. 

Receipts given 
by new treas- 
urer. 
1791, 59, § 3. 



Treasurer's sal- 
ary. 
1818, 97. 

His clerks. 
1820, 74. 



Salaries of 
clerks. 
1820, 74. 



fice, to the hazard of the public treasury, if, upon examination, such 
representation shall appear to be true, the governor, with the advice 
and consent of the council, shall remove him from office and declare 
the office vacant. 

Sect. 17. Upon the death or resignation of the treasurer, or 
upon any other vacancy in that office, the secretary, with two suit- 
able persons to be appointed by warrant, under the hand and seal of 
the governor, shall repair to the places where the moneys, papers 
and other things belonging to the treasury, are usually kept, and, hav- 
ing previously given notice to such late treasurer, or his heirs, exec- 
utors or administrators, and to his sureties, or one of them, or to 
such of the said persons, as may be found within the state, to attend 
thereat, shall seal up and secure, in their presence, if they shall attend, 
all such moneys, papers and other things, supposed to be the proper- 
ty of the Commonwealth; and they shall give such representatives, or 
sureties, if required by them, a true list of all boxes and packages, 
which shall be so sealed up and secured, and shall note, on such list, 
the place or places wherein the same are deposited. 

Sect. 18. After sealing up and securing the effects, mentioned 
in the preceding section, the secretary, with the two persons appoint- 
ed as aforesaid, shall, as soon as can be conveniently done, and after 
notice to the parties mentioned in that section, cause the said boxes 
and packages to be examined, and a true inventory to be taken of the 
said moneys and of all bonds, notes, securities, books, and other 
things appertaining to said office, which shall be required by the said 
late treasurer, or his representatives or sureties, or either of them ; 
and a copy of said inventory shall be deposited in the secretary's 
office ; and any copies, that may be required, shall also be given to 
any of the parties, mentioned in the preceding section. And the 
secretary and said two persons shall safely keep all moneys and other 
effects, inventoried as aforesaid, until another treasurer shall be chosen 
or appointed, to whom, when qualified, they shall deliver over the 
same, taking duplicate receipts from such new treasurer ; one of 
which receipts shall be deposited with the secretary, and the other 
with the said late treasurer, or his legal representatives or sureties, or 
one of them. 

Sect. 19. Upon every appointment of a new treasurer by the 
general court, he shall give duplicate receipts, one of which shall 
be deposited with the secretary ; and such receipts shall be sufficient 
evidence, for his predecessor in office, of the property of the Com- 
monwealth, remaining and delivered over by him, and shall be his 
sufficient discharge therefor. 

Sect. 20. The salary of the treasurer shall be two thousand 
dollars a year, payable quarterly. 

Sect. 21. The treasurer may employ two permanent clerks, 
and no more, in his office ; but he may, during the session of the 
general court, employ a greater number if he shall find it necessary. 

Sect. 22. The treasurer's chief clerk shall have a salary of 
twelve hundred dollars a year ; and his assistant clerks shall each 
have a salary of nine hundred dollars a year, and in the same pro- 
portion, for any shorter term of time, for which any of said clerks 
may be employed ; and said salaries shall be payable quarterly. 



TITLE v.] Chap. 13. Sect. 23—31. 151 

Sect. 23. If any clerk, or other person, employed in the treas- Punishment for 
ury, shall commit any fraud or embezzlement therein, he shall be ^'^^^^i "^c. of 
punished as provided in the one hundred and twenty sixth chapter. 1791, 59^ § 5. 

Sect. 24. The treasurer may, in his own name and official capa- Treasurer may 
city, prosecute to final judgment and execution any suits upon bonds, Prosecute on all 

.''i . y ° . ,. , •'.^^' ' securities given 

notes, or other securities, given to his predecessors in office, and any to his predeces- 
suits commenced by them and pending at the time of their vacating ^°^Ij .^ 
the office. 

Sect. 25. The treasurer shall, on the first Monday of May, an- Treasurer, to 
nually, transmit to the attorney general or other prosecuting officer of fansmit, an- 
the government, an account of all bonds, notes, and other securities ney general, an 
in the treasury, in which the Commonwealth is interested, and on account of all 
which any sum, whether principal or interest, remains due and unpaid, i834, 199 
or of which the conditions have not been performed ; all of which 
shall be classed by the treasurer under distinct heads, so far as may 
be conveniently done ; and the attorney general, or other prosecuting 
officer aforesaid, upon receiving from the treasurer such account, 
shall proceed to enforce the collection of all sums of money so due, 
and the performance of any conditions, remaining unperformed as 
aforesaid, and to require such payments and settlements in the prem- 
ises, as he shall think the interests of the Commonwealth demand, and 
with dne regard to the situation of the said debtors. 

THE ADJUTANT GENERAL. 

Sect. 26. The adjutant general shall be appointed by the com- Adjutant gene- 
mander in chief; and his salary shall be fifteen hundred dollars a year, mentTn^d°sal"- 
payable quarterly ; which shall be in full for all his services. ^ry. 

^ o r.-, Vu r . . 1 1 • \ • £c 11 1809, 108, §3 

feECT. 27. ihe adjutant general may employ in his office a clerk isis^ iss! 
or assistant, who shall have a salary of twelve hundred dollars a year, Adjutant gene- 
payable quarterly. ' ral to have one 
■T .' ^ •! clerk, with sala- 
ry- 
THE ATTORNEY GENERAL, AND DISTRICT ATTORNEYS. 1820,85. 

Sect. 28. The attorney general now in office, shall continue to Attorney gene- 
hold his office, according to the tenor of his commission, unless soon- meiu o?°&c 
er removed by the governor and council ; and whenever any vacancy 1832, 130, § 8. 
shall occur, a new appointment shall be made by the governor, with 
the advice and consent of the council, in the manner provided by the 
constitution. 

Sect. 29. The attorney general shall appear for the Common- _to appear for 
wealth, in the supreme judicial court, when held by three or more "'^ Common- 
justices thereof, in all prosecutions for crimes punishable with death ; suprenie°court. 
and also in the trial and argument, in said court, of all causes, crimi- 1^32, 130, § 8, 
nal or civil, in which the Commonwealth may be a party or be inter- 
ested. 

Sect. 30. The attorney general shall also, when required by -—to appear, 
the governor, or either branch of the legislature, appear for the Com- when required, 

^ ^^ • ., , . ° ' rr . . m other courts. 

monwealtn in any court or tribunal, m any other causes, criminal or 1832, 130, § s. 
civil, in which the Commonwealth may be a party or be interested. 

Sect. 31. The attorney general shall consult with and advise —shall advise 
the district attorneys, whenever requested by them, in all matters *he district at- 
appertaining to the duties of their offices ; and shall make and submit InnuaiVeports^ 
to the legislature, at the commencement of the annual session thereof, ^'^■ 

° ' 1832, 130, § 8 



152 Chap. 13. Sect. 32—38. [part i. 

a report of all the official business done by him during the preceding 

year, specifying the suits and prosecutions to which he may have so 

attended, the number of persons prosecuted, the crimes for which, 

and the counties where, such prosecutions were had, the results 

thereof, and the punishments awarded therefor. 

—shall give ab- Sect. 32. The attorney general shall include, in his annual re- 

stracts of re- port, an abstract of the annual reports of the several district attorneys, 

attorneys,'&c! with such observations and statements, as in his opinion, the criminal 

1832, 130, § 8. jurisprudence, and the proper and economical administration of the 

criminal law of the Commonwealth, shall warrant and require, 
—shall attend Sect. 33. The attorney general shall, when required, attend the 

sessions ofiegis- legislature during their sessions, and shall give his opinion upon all 
opinio^s"1f^e-^ questions of law, submitted to him by either branch of the legislature, 
quired, &c. or by the governor and council ; and shall give his aid and advice, in 
1832, 130, § 8. jjjg arrangement and preparation of legislative documents and business, 
when required by either branch of the legislature. 

DISTRICT ATTORNEYS. 

Four criminal Sect. 34. For the administration of the criminal law, all the 
districts estab- counties, cxcept the county of Suffolk, shall be formed into four dis- 
183^'^ 130 S 9 ti"icts, as described in the following section. 

NorThem dis- Sect. 35. The countics of Essex and Middlesex shall constitute 

trict. the northern district ; the counties of Bristol, Plymouth, Barnstable, 

trict. ^™ '^' -Duke's county, and Nantucket, shall constitute the southern district ; 
Middle district, the countics of Norfolk and Worcester shall constitute the middle 
tric^t!^^™ '^' district ; and the counties of Hampshire, Franklin, Hampden and 
1832, 130, % 9. Berkshire sh^ll constitute the western district. 

District attor- Sect. 36. The Several district attorneys, now in office, shall 

neys, appoint- continue to hold their offices, according to the tenor of their i-espec- 
m2 130 Ig. tive commissions, unless sooner removed by the governor and coun- 
cil ; and, as vacancies occur, the governor, with the advice and con- 
sent of the council, shall appoint suitable persons to be district attor- 
neys, who shall respectively reside within the districts, for which they 
are appointed. 
Attorney for the Sect. 37. In the county of SufFolk, there shall be appointed by 
Commonwealth the govemor, with the advice and consent of the council, an attorney 
1807, 18; 1832, foi' the Commonwealth, who shall be a resident in that county, and 
130, §9. shall, in addition to the duties specially required of him by law in that 

county, perform the like duties therein, as are required to be perform- 
ed by the district attorneys, in their respective districts. 
General duties Sect. 38. The district attorneys shall, within their respective 
of district at- districts, appear for the Commonwealth in the supreme judicial court, 
i8^32^^l^30 6 9 ^^ court of common pleas, and the municipal court of the city of 
Boston, in all cases, criminal or civil, in which the Commonwealth 
may be a party, or be interested ; and they shall also, within their re- 
spective districts, perform all the duties, which the attorney general 
now is, or hereafter may be, authorized to perform, and which are 
not required to be done by him personally ; and they shall, in their 
respective districts, aid the attorney general in the duties so required 
of him ; provided, that the attorney general, when present, shall have 
the direction and management of all prosecutions and suits in behalf 
of the Commonwealth. 



TITLE v.] Chap. 13. Sect. 39—48. 153 

Sect. 39. The said district attorneys, and also the attorney of They mayin- 
the Commonweahh for the county of Suffolk, may, with reference to t"s*^.'^^"^® *^"" 
their mutual accommodation, from time to time, interchange the du- 1832, 130, i» 9. 
ties of their offices, so as best to ensure a punctual discharge of the 
duties incumbent on them. 

Sect. 40. The supreme judicial court, the court of common in their absence 
pleas, and the municipal court of the city of Boston, may, in the ab- JJlakeTspedai 
sence of the attorney general and district attorney, at any term of ei- appointment, 
ther of said courts, appoint some suitable person to perform the du- ^^^^' ^^^' ^ ^• 
ties by law required of them. 

Sect. 41. The said district attorneys shall, severally, in the Annual reports 
month of November in each year, make reports to the attorney gene- ^eyjf^"'^^ ^"°^" 
ral, setting forth particularly the amount and kind of official business 1832, 130, §9. 
done by them respectively, in each county, in the year preceding, 
the number of persons prosecuted, the crimes and misdemeanors for 
which such prosecutions were had, the results thereof, and the pun- 
ishments awarded against any person convicted thereon ; and gener- 
ally, they shall present, in said reports, plain and particular statements 
of the criminal business of their respective districts. 

Sect. 42. The attorney general and district attorneys shall hold Tenure of office 
their offices, for the term of five years from the date of their respec- g^a^ a°id*cHsfrict 
tive commissions, unless sooner removed by the governor and coun- attorneys. 

•. ' J i2 jg32^ 130^ ^ 10. 

Sect. 43. The attorney general shall receive a salary of twelve Their salaries. 
hundred dollars a year, and the district attorneys shall each receive a 1^32, ]3o,§ lo. 
salary of one thousand dollars a year ; to be paid to them, severally, 
out of the treasury of the Commonwealth, in equal quarterly payments, 
in full for all services rendered by them. 

Sect. 44. The attorney of the Commonwealth for the county Salary of attor- 
of Suffolk shall receive a salary of eighteen hundred dollars a year, m*i^„°'eaUh*^fo^' 
to be paid quarterly, out of the treasury of said county, and to be in Sufibik. 
full for all services rendered by him ; and he shall render to the trea- Jgl^' g3°.'*f834. 
surer of the said county a quarterly account of all fees, bills of cost 202.' 
and moneys received by him, by virtue of his office. 

Sect. 45. The attorney general and the district attorneys shall Attorney gene- 
severally account with the treasurer of the Commonwealth for all fees, count for al^" 
bills of cost, and moneys received by them by virtue of their offices, fees 

Sect. 46. None of the said prosecuting officers shall receive any !_n'tt 

fee or reward from, or in behalf of, any prosecutor, for services in receive fees of 
any prosecution or business, to which it shall be their official duty to prosecutors, nor 

•^ '■ , , , , ^ . , •' . be attorney, in 

attend ; nor be concerned as counsel or attorney lor either party, m case,&c. 
any civil action depending upon the same state of facts. ^^^^> ^^^> § ^^• 

NOTARIES PUBLIC 

Sect. 47. On the death, resignation, or removal from office of On the death of 
any notary public, his records, together with all his official papers, recordr,'&c."^to 
shall be deposited in the office of the clerk of the court of common be delivered to 
pleas, for the same county, in which the said notary public resided, of^ommon""'^'^ 

Sect. 48. If any notary public, on his resignation or removal i>ieas. 
from office, shall, for the space of three months, neglect to deposit penalty for ne- 
his records and official papers in the clerks' office, he shall forfeit a giecting to deli- 
sum not exceeding five hundred dollars. r/s°pTperr^ 

20 1798.62, §1. 



X54 Chap. 13. Sect. 49 — 57. [part i. 

Penalty for like Sect. 49. If the executor or administrator of any deceased no- 
"^l^executorf' ^^^Y P"^^^^ ^hall, for the space of three months, after his acceptance 
g^sex u , ^^ ^^^j^ appointment, neglect to deposit in the clerk's office, the re- 
1798, 62, § 1. cords and official papers of such deceased notary, which shall come 
into his hands, he shall forfeit a sum not exceeding five hundred dol- 
lars. 
Penalty for de- Segt. 50. If any person shall knowingly destroy, deface, or con- 
nSyl'rS-' ^^^^ ^"7 ^ecords or official papers of any notary public, he shall for- 
ords, &c. feit a sum not exceeding one thousand dollars, and shall moreover be 

1798, 62, § 1. liable in damages to any party injured. 

Clerks of courts Sect. 51. The several clerks of the court of common pleas shall 
*'L^a^"trt°cace receive and safely keep all the records and official papers of any no- 
charge of nota- tary public, which are, in this chapter, directed to be deposited in 
iraVlal's the offices of said clerks. 

—to give CO- Sect. 52. Said clerks shall make and certify copies of any re- 

pies of notaries' cords and official papers of any notary public deposited with them ; 
1798^62, $2. for which copies they shall be paid the same fees, that such notary 
public would have been entitled to ; and all copies, certified by the 
said clerks, shall have the same effect in law, as if they had been cer- 
tified by such notary public. 

COMMISSIONERS TO TAKE DEPOSITIONS, &C., IN OTHER STATES. 

Commissioners Sect. 5.3. The govemor may, with the advice and consent of 

Uons'^&c^^i'n'' the council, appoint, in each of the United States, one or more com- 

other states. missioners, to continue in office during the pleasure of the governor 

1829, 125, § 1. ^^^ ^j^g j.j^g being ; and every such commissioner shall have power 

to administer oaths and to take depositions and affidavits to be used 

in this state ; and also to take the acknowledgment of any deed, or 

other instrument, to be recorded in this state. 

— to authenti- Sect. 54. When any grantor shall refuse to acknowledge his 

cate deeds, if deed, the Same may be proved in like manner, and the like proceed- 

foacknowledge. ings shall be had for that purpose, before the commissioner, as are 

required by the provisions of the fifty ninth chapter, in the hke case, 

before a justice of the peace. 

Validity of their Sect. 55. All oaths administered by the said commissioners, all 

1829 125 61. affidavits and depositions taken by them, and all acknowledgments 

aforesaid certified by them, shall be as effectual in law, to all intents 

and purposes, as if done and certified by any justice of the peace in 

this state. 

— howquaiified. Sect. 56. Bcforc any commissioners appointed as aforesaid 

1829, 125, § 2. shall proceed to perform any of the duties of their office, they shall 

take and subscribe an oath, before any justice of the peace, or other 

officer authorized to administer oaths, in the state for which such 

commissioners may be appointed, that they will faithfully discharge 

all the duties of their office ; which oath shall be filed in the office of 

the secretary of this Commonwealth, within six months after the 

taking of the same. 

COMMISSIONERS TO ADMINISTER OATHS TO OFFICERS OF THIS 

STATE. 

Appointment of Sect. 57. Thc govcmor, with the advice and consent of the 

commissioners -i i n • ^ -^ i i i c • • ^ j • 

to qualify public council, shall appomt a suitable number ot commissioners to aamm- 



TITLE v.] Chap. 13. Sect. 58—61. 155 

ister, to public officers appointed under the constitution of this Com- Governor^ &c. 
monwealth, the oaths required by the said constitution ; and all public ^efoiv"^''i^ 
officers, except those lor whom a difierent provision is made, in such 17, nso. 
case, by the constitution, may take and subscribe such oaths, either 
before the governor or lieutenant governor, or any two members of 
the council, or any two of the said commissioners. 

SERGEANT AT ARMS. 

Sect. 58. There shall be annually chosen in the month of Jan- Serjeant at 
uary, by the concurrent vote of the two branches of the legislature, when chosen" 
a sergeant at arms, who shall hold his office until another is chosen in 1833, 154. 
his stead, and he shall give bond to the treasurer of the Common- —to give bond, 
wealth, in the sum of two thousand dollars, for the faithful performance 
of his duties, and to account for all moneys entrusted to him for the 
use of the Commonwealth. 

Sect. 59. The sergeant at arms shall see that the chambers and His general 
lobbies, occupied by the legislature, are during the session kept in ""^^" 
good order, and that the fires are seasonably kindled, diligently 
tended, and carefully extinguished ; and he shall maintain order 
among the spectators, who may be admitted into the rooms, in which 
the respective branches hold their sessions, and take proper measures 
to prevent the interruption of either branch, or any of the committees 
thereof. He shall, immediately after his election, appoint, subject —to appoint 
to the approval of the presiding officers of the two branches, respect- aiid'^assis^ant 
ively, suitable and proper persons to be door keepers to each house, subject, &c. 
who shall, during the session, render him all necessary assistance, and 
perform generally all the duties heretofore performed by assistant 
messengers ; and he shall also appoint, subject to the hke approval, 
such assistants to the said door keepers, as the two houses may re- 
spectively direct ; and he shall exercise a strict superintendence over 
all his subordinate officers, giving them all needful directions, and 
taking care that they promptly perform their several duties. 

Sect. 60. Said sergeant at arms shall serve all such processes, —shall serve 
and execute all such orders, as may be enjoined upon him by the gen- P'"*^*^^^*^^' 
eral court ; and he shall attend the members or clerks of either house, 
when they are charged with messages to the other house. He shall —preserve state 
have the general charge and oversight of the state house and its ap- il°jury '^°"" 
purtenances, and shall daily visit and inspect all the apartments 
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,) and take all proper precau- 
tions against damage thereto, or to the books, papers, or other prop- 
erty therein ; and he shall take care that the chambers and lobbies, 
occupied by the legislature, are kept clean and in good order, during 
the recesses of the general court. 

Sect. 61. Said sergeant at arms shall annually appoint, subject — -shall ap- 
to the approval of the secretary and treasurer, a watchman of the j^,''an| Tubje^c't 
state house, whom he may at any time remove, and for whose fidelity &c.' 
and good conduct in said capacity he shall be responsible ; and said watchman 
watchman shall employ, subject to the approval of the sergeant at shall appoint 
arms, a suitable person as an assistant ; and he and his assistant shall ■'ppj^'&c; ^" ' 
remain in the state house every night, from nine o'clock in the even- Their duties. 



156 



Chap. 13. Sect. 62—65. 



[part I. 



Same subject. 



Sergeant at 
arms, &c. to 
prevent trespas- 
ses, &c. 



Sergeant at 
arms, how re- 
moved. 

Vacancy in of- 
fice, how filled. 



Salaries of ser- 
geant and 
watchman. 



No fee to be 
taken from 
visitors. 
1835, 154. 



ing until sunrise the next morning, and maintain proper watch and 
guard for the security thereof; and either he or his assistant shall, 
for the same purpose, remain there during all other hours of the day, 
when the outside doors are open. 

Sect. 62. Said watchman shall visit, each night, all the rooms in 
the state house in which fires have been kindled during the preced- 
ing day, and attend to their safety, and shall open the outer doors of 
the lower floor, and the gates, every morning, and close the same 
every evening, except sabbath days, pubhc thanksgivings and fast 
days, and the keys of said doors and gates, and of the several apart- 
ments, shall be so deposited, as that he may have ready access to 
them ; he shall also keep the lower floor and entries of the state 
house clean and in good order ; light, clean, and keep in order the 
outside lamps ; kindle and keep up suitable fires in the offices of the 
treasurer, adjutant general, and land agent, and keep said offices at 
all times clean and in good order, and shall perform all such other 
duties with regard to said offices, as have been heretofore performed 
by the watchman and messenger of the general court, in the offices 
of which they have respectively had charge ; and said watchman, 
and his assistant shall be under the control and direction of the ser- 
geant at arms. 

Sect. 63. The sergeant at arms, and the watchman and his as- 
sistant, shall take all proper care to prevent any trespass or injury 
being committed contrary to the provisions of the eighth section of 
the eleventh chapter ; and if any such trespass or injury occur, and 
the offender be known to either of the said officers, he shall forth- 
with give notice thereof to the attorney general, or to the attorney of 
the Commonwealth for the county of Suffolk, in order that such of- 
fender may be prosecuted therefor. 

Sect. 64. The said sergeant at arms shall be removable by the 
general court, for misconduct or other sufficient cause ; and for like 
cause during the recess, he may be suspeiided by the governor and 
council ; and any vacancy, which may occur in said ofiice during a 
session of the general coiu't, shall be filled in the manner prescribed 
in the fifty eighth section ; and whenever a vacancy shall occur dur- 
ing a recess, the governor and council may appoint a suitable person 
to perform the duties of the office until a new election. 

Sect. 65. The sergeant at arms shall have a salary of eight 
hundred and fifty dollars per year, and the use of the house belonging 
to the Commonwealth, heretofore occupied by the messenger of the 
general court ; and the watchman shall have a salary of nine hundred 
dollars per year, in full for the services of .himself and his assistant ; 
and said salaries shall be paid quarterly, and the accounts of the ser- 
geant at arms, for the services of the several persons employed by 
him during the sessions of the general court, shall be audited by the 
treasurer and reported to the legislature ; and 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 inspec- 
tion of visitors. 



TITLE VI.] 



Chap. 14. 



157 



TITIiE TI. 



CHAPTER 14. 



OF COUNTIES AND COUNTY OFFICERS. 



Section 

1. Boundaries of the counties. 

COMMON JURISDICTION OF SUFFOLK AND 
MIDDLESEX. 

2. Counties of Suffolk and Mddlesex, to 
have common jurisdiction on Charles 
River, in criminal cases. 

3. Same, in civil cases. 

GENERAL POWERS OF COUNTIES. 

4. General powers and duties of counties. 

5. Counties to be bodies corporate for cer- 
tain purposes. 

6. Former conveyances to the use of coun- 
ties, confirmed. 

7. In Suffolk, county property to belong 
to the city of Boston. 

8. How county lands may be sold. 

9. Counties, to provide public buildings, 
except, &c. 

10. In Suffolk, public buildings to be pro- 
vided by the city of Boston. 

11. County jails, &c., how to be governed. 

12. If escapes happen through insufficiency 
of jails, the county liable to reimburse 
the sheriff. 

13. Jail limits. 

14. Same subject. 

COUNTY COMMISSIONERS. 

15. Commissioners now in office to con- 
tinue, until, &c. 

16. Election of commissioners, — genered 
powers. 

17. Time and manner of election, — re- 
turns, how made. 

18. Board of examiners to examine votes, 
&c. 

19. If no choice, a new election to be had. 

20. Vacancies, how to be filled, when the 
whole are not chosen. 

21. Two special commissioners. 

22. Vacancies by death, &c. 

23. Commissioners, to be of different towns, 
except, &c. 

24. Tenure of office. 

25. Commissioners, to choose a chairman. 

26. Proceedings, if one of the board is in- 
terested. 



Section 

27. Where opposing parties appear, three 
disinterested commissioners must act. 

28. Penalty for neglect of dutj' by exam- 
iners, &c. 

29. In Suffolk, the mayor and aldermen of 
Boston, to have the powers of commis- 
sioners, except, &c. 

30. In Nantucket, the selectmen to act as 
commissioners. 

31. General powers of the county commis- 
sioners. 

32. Commissioners, to make estimates, an- 

nually. 

33. " to apportion county 

taxes. 

34. Chelsea, not to be assessed for county 
purposes in Suffolk. 

35. Commissioners to examine and transmit 
accounts of county treasurers, with esti- 
mates, to the secretary, &c. 

36. Commissioners and treasurers to pub- 
lish the county expenses, annually. 

37. Powers Eind duties of commissioners, 
to whom they appertain. 

BOARD OF examiners. 

30. Board of examiners in each county, 
except, &c., of whom to consist. 

39. Duty of the board, in respect to ac- 
comits of commissioners. 

40. Compensation of board of examiners. 

BOARD OF ACCOUNTS, IN SUFFOLK. 

41. In Suffolk, board of accounts, to exam- 
ine and settle accounts. 

42. Three of the board, to make a quorum j 
and their compensation. 

COUNTY TREASURERS. 

43. Election of county treasurers. 

44. Same subject. 

45. County treasurer, to be sworn and give 
bond. 

46. If no choice, or if treasurer dies, com- 
missioners may appoint, until, &c. 

47. Treasurer of Boston, to be treasurer of 

Suffolk. 

48. '•' of the town of Nantucket, to 
be treasurer of the county. 



158 



Chap. 14. 



[part I 



Section 

49. Incompatibility of treasurer's office with 
others. 

50. County treasurer, to pay over money 
according to order of commissioners, 
except, &c. 

51. County treasurer, to account with com- 
missioners, and to be paid as they judge 
reasonable. 

62. Process for collecting coimty taxes. 

53. Further assessments, not to be made, 
till treasurer's account is allowed. 

54. Treasurers may sue bonds, &c., given 
to their predecessors ; and prosecute 
for injuries, — in case of building, owned 
jointly by county and town. 

SHERIFFS OF COUNTIES. 

55. Sheriffs now in office, to continue until, 
&c.— term of office. 

56. When vacancies happen, governor 
shall appoint. 

57. The governor may remove sheriffs. 

58. Sheriffs to give bonds to state treasurer. 
69. Appointment of deputies. 

60. New sheriff to notify coroners. 

61. Common pleas to examine sheriffs' 
bonds, annually ; if insufficient, a new 
one shall be given. 

62. Sheriffs' sureties may be discharged, 
when, &c. 

63. Penalty, if sheriff neglects to give bond. 

64. Sheriffs' bond may be sued. 

65. Judgment to be first recovered, by the 
party injured. 

66. Actions for misfeasances, &c.,of sher- 
iffs or deputies, to lie against represen- 
tatives of deceased sheriffs. 

67. Treasurer, to furnish copies of bonds. 

68. Sheriff and deputies shall serve all 

writs, &c. 

69. " &c., may serve, where their 

counties, towns, &c., are par- 
ties, (fee. 

70. " and deputies may serve writs, 

after their removal from office. 

71. " or deputies, may attend juries, 

for damages, by locating turn- 
pikes, &c., although, &c. 

72. " &c., may command aid. 

73. " not to have their bodies arrest- 

ed. 

74. Executions, to run against their prop- 
erty, only. 

75. SherifTs liability when such executions 
shall be returned unsatisfied. 

76. After removal, alias executions against 
their bodies, &c. 

77. Defaults of deputies, &c., after death, 
&c., of sheriff, to be adjudged a breach. 



Section 

78. Limitation of actions against sheriffs. 

79. Sheriff, deputy, coroner or constable, 
not to act as attorneys. 

80. Penalty in such case. 

" if sheriff, &c., takes a dead 
body. 

82. Sheriffs, to have the custody of the 

jails, and prisoners. 

83. " to keep a calendar of prison- 

ers. 

84. " to be answerable for delivery 

of prisoners to their succes- 
sors. 

85. Mittimusses and other papers, to be 
kept and delivered over to new sheriffs. 
—Penalty for neglect. 

86. Keepers of jails to continue in office af- 
ter sheriff's decease, until, &c. 

87. When a prisoner dies in jail, his body 
to be delivered to his friends, &c. 

88. Deputies, to account every twelve 
months. 

89. Proportion of fees to be paid by depu- 
ties, to sheriff. 

90. Sheriffs, to render an account of all 
monies received, to county treasurers. 

91. Compensation allowed to sheriffs in 
each coimty. 

92. Sheriff, to have a salary for keeping 
prisoners. 

coroners. 

93. Coroners, to be sworn and give bond. 

94. Court of common pleas, to examine in- 
to sufficiency of coroners' bonds. 

95. Suret}' of coroner may petition to be 
discharged. 

96. Penalty for neglecting to give bonds- 
Suits on coroners' bonds. 

97. Coroner to execute process where sher- 
iff is a party, &c. 

98. Although his county, &c., is a party. 

99. During a vacancy in sherifTs office, 
coroner shall perform all duties of a 
sheriff. 

register of deeds. 

100. Registers to continue in office till term 
expires. 

101. Elections of registers, once in five 
years. 

102. Registers, to be sworn and give bond. 

103. Registers, to keep public offices. 

104. Fire proof offices, to be provided for 
registers. 

105. When registers shall be removed. 

106. Commissioners may appoint a register 
of deeds, in case, &c. 

107. New elections of registers, when to be 
ordered. 



TITLE VI.] 



Chap. 14. Sect. 1 — i 



159 



Section 

108. Commissioners may adjourn to count 
the votes. 

109. In case of no clioice, a new election to 
be had. 

110. Special provision for registry districts 
in Berkshire. 

111. Middle district. 

112. Northern district. 

113. Southern district. 



Section 

114. Elections, vacancies, &c., in Berkshire. 

115. Special provision respecting Barnsta- 
ble. 

PAPER FOR COUNTY AND OTHER PUBLIC 
RECORDS. 

116. Linen paper, to be used for county cind 
other records — American manufacture 
to be preferred. 



Section 1. The boundaries of the several counties shall remain Boundaries of 
as now established. '^^ '°^*'^^- 

COMMON JURISDICTION OF SUFFOLK AND MIDDLESEX. 

Sect. 2. The jurisdiction of the counties of Suffolk and Mid- Counties of 
dlesex shall be in common, in and upon the waters of Charles River, jijddiesex to 
that is to say, all that space, which lies within the banks of said river, have common 
so far as the same runs between the boundaries of the said counties ; charies*river° 
and all offences committed within the banks of said river, as above in criminal 
described, may be heard and tried in either of the said counties, in JtoI^'si ^ i. 
which legal process against the offender shall be first issued, and in 
like manner, in every respect, as if such offence had been committed 
in any other part of either of the said counties. 

Sect. 3. All civil processes, from either of the said two coun- Same m civil 
ties, may run into and be executed within the common jurisdiction, 1794/31, § 2. 
described in the preceding section. 

GENERAL POWERS OF COUNTIES. 

Sect. 4. All the rights, duties, powers, privileges and immuni- General powers 
ties of the several counties, shall remain, as now established by law, counties. 
until the same shall be altered. 

Sect. 5. Each countv shall continue to be a body politic and Counties to be 

r 1 r ^^ • • bodies corpo- 

COrporate, tor the lollowing purposes, to wit : rate for certain 

To sue and be sued ; to purchase and hold, for the public use of P"rP°^i'|- 
the county, lands lying within its own limits, and any personal estate ; ' 
to make all necessary contracts and to do all other necessary acts, in 
relation to the property and concerns of the county. 

Sect. 6. All real and personal estate, heretofore conveyed, by Former con- 
any form of conveyance, to the inhabitants of any county, or to the Jh/usrof'"™ 
county treasurer, or to any committee or other persons, for the use ties, confirmed 
and benefit of such county, shall be deemed to be the property of ^^^^' ^^' ^ ^^ 
such county ; and all such conveyances shall have the same force 
and effect, as if they had been made to the inhabitants of such coun- 
ties, by their respective corporate names. 

Sect. 7. In the county of Suffolk, all the real estate and per- J"j^"^°'|!'j ^^^ 
sonal estate, which, on or before the twenty third day of June, in the to belong to the 
year one thousand eight hundred and thirty one, belonged, or was Jgli^g^^l^- 
deemed and taken to belong, to the said county, shall belong to, and ' ' ^ " 
be vested in, the city of Boston ; and the town of Chelsea shall have 
no right, title, or interest therein. 

Sect. 8. The county commissioners, or other public officers, jHow county 
having the charge and management of the county lands, may, by their ^.^^j^ ""^^ 



to 
coun- 



160 



Chap. 14. Sect. 9—15. 



[part I. 



1811, 76, § 3. 



Counties to 
provide public 
buildings, ex- 
cept, &c. 
1784, 41, « 1. 
1811, 8, § 6. 
1834, 151, $ 1. 

Li Suffolk, pub- 
lic buildings to 
be provided by 
Boston alone. 



County jails, 
&c., how gov- 
erned. 



If escapes hap- 
pen by insuffi- 
ciency of jails, 
the county lia- 
ble to reim- 
burse sheriff. 
1784, 41, § 1. 

Jail limits. 
1834,201. 



Same subject. 



Commissioners 
now in office to 
continue until, 
&c. 



order of record, appoint agents lo sell any real estate of their county ; 
and all deeds, made on behalf of the inhabitants of the county, by such 
agents, under their proper hands and seals, and duly acknowledged 
by them, shall be sufficient, to all intents and purposes, to convey all 
the right, title, interest, and estate whatever, which the county may 
then have to the lands so Conveyed. 

COUNTY JAILS, HOUSES OP CORRECTION, &C. 

Sect. 9. Each county shall, at the common expense of the 
county, (except in Suffolk,) provide suitable court houses, jails, 
houses of correction, fire-proof offices, and all other necessary pub- 
lic buildings for the use of the county ; excepting only that Duke's 
county shall not be required to provide a house of correction. 

Sect. 10. In the county of Suffijlk, the court houses, jails, 
house of correction, fire-proof offices, and all other necessary public 
buildings, for the use of the county, shall be provided by the city of 
Boston, at its own expense. 

Sect. 11. The county jails and houses of correction shall be 
governed and regulated, as is provided in the one hundred and forty 
third chapter. 

Sect. 12. In case of the escape of any prisoner, by reason of 
the insufficiency of the jail, whereby the sheriff shall be made hable 
to any party, at whose suit such prisoner was committed, or to whose 
use any forfeiture was adjudged against him, the county shall reim- 
burse all sums of money, recovered of the sheriff, by such party, on 
account of such escape. 

Sect. 13. The limits of the jail yard of each jail shall, except in 
the case provided for in the following section, extend to all places 
within the boundaries of the county, in which such jail is situated ; 
provided, that the hmits of the jail yard for the county of Norfolk 
shall include the bridge over the river between Weymouth and Hing- 
ham, on the Hingham and Quincy turnpike, and the roads from said 
bridge to Cohasset ; and in the counties of Middlesex and Suffolk, 
the limits of the jail yard shall extend to the common jurisdiction of 
said counties, as described in this chapter ; and provided also, that 
in respect to all proceedings on executions issuing upon judgments, 
which have been or may be recovered on contracts, made between 
the second day of April, in the year one thousand eight hundred and 
thirty four, and the day when this chapter shall go into effect as a 
law, the limits of each jail yard shall be the boundaries of the town in 
which such jail is situated. 

Sect. 14. In respect to all proceedings on executions, issuing 
upon judgments, which have been or may hereafter be recovered, 
upon contracts made before the second day of April, in the year one 
thousand eight hundred and thirty four, the limits of each jail yard 
shall remain as the same were established previously to that day. 

COUNTV COMMISSIONERS. 

Sect. 15. The county commissioners, now in office, m the sev- 
eral counties, shall continue to hold their offices, according to the 
provisions of the laws, under which they have been elected ; and, as 
vacancies occur, new elections shall be had, in the manner prescribed 
in this chapter. 



.TITLE VI.] Chap. 14. Sect. 16—20. 161 



Sect. 16. In each of the counties, except Sufiblk and Nan- Election of the 
tucket, there shall be three county commissioners, who shall be General pow-^' 
elected as provided in the following section, and who shall have all ers 
the powers and perform all the duties, now appertaining to the stand- 4, ' ' ^^ • 
ing and special commissioners of counties, except so far as is other- 
wise provided in this chapter. 

Sect. 17. On the first Monday of April, in the year one Time and man 
thousand eight hundred and thirty eight, and every third year there- ^^^ ° ^ ec ion. 
after, in the several towns of each county, except Suffolk and Nan- 
tucket, there shall be a meeting of the inhabitants, for the choice of 
county commissioners ; and at such meeting, the qualified voters of 
each town shall bring in their written votes on one ballot for three 
county commissioners, being all inhabitants of different towns in the 
county ; and the selectmen shall, in open town meeting, sort and 
count the votes and the ballots, and make public declaration thereof; 
and the town clerk shall enter in the town records the names of all 
the persons voted for, and the number of votes for each, and the 
whole number of ballots, and shall, within seven days after such elec- 
tion, transmit a copy of such record, signed by the selectmen and 
attested by himself, and sealed up in open town meeting, to the clerk 
of the court of common pleas, who shall transmit the same to the Returns, how 
board of examiners, who are to be appointed as provided in this 1835,152, § 2. 
chapter. 

Sect. IS. The said board of examiners shall meet on the first Board of exam- 
Tuesday succeeding the second Monday of April in each year, when Ing votes^&c^' 
there is an election of county commissioners, and shall examine the 
returns of votes transmitted to them ; and, if any person shall be 
found to have a majority of all the ballots, the said examiners shall 
forthwith give such persons written notice of their election. 

Sect. 19. If, in any county, there shall not be a choice of the if no choice, a 
three commissioners, the said board of examiners shall forthwith issue "^T ^lectiou to 
their warrant to the selectmen of each town in such county, requiring i835, 152, §3. 
them, on a day therein mentioned, which shall be within twenty days 
after the issuing of said warrant, to call a meeting of the inhabitants of 
their town, to elect as many commissioners, as shall be necessary to ■ 
complete the number required for the county ; and the said exam- 
iners shall furnish the said selectmen with a complete list of the names 
of all the persons, who shall at the first choice have received more 
than twenty five votes, and shall not have been then elected. 

Sect. 20. The selectmen of each town, in obedience to the Vacancies, how 
said warrant, shall call a meeting of the inhabitants of their town, and whole are^not ^ 
shall lay before them the result of the first choice, as reported to chosen. 
them by the said examiners ; and, thereupon, the qualified voters ' ' ^ ' 
aforesaid in such town shall bring in their votes, on one ticket, for the 
number of commissioners then to be chosen ; and the like proceed- 
ings, in relation to the election and returns thereof, shall be had on 
the votes thus given, as are required in this chapter to be had at the 
first choice of said commissioners ; and the said examiners shall, with- 
in eight days after such second choice, examine the returns made to 
them, and forthwith give written notice of their election to the per- 
sons then chosen. And if, after such second choice, the vacancies 
in the board of commissioners shall not all be filled, then the like pro- 
21 



162 



Chap. 14. Sect. 21—28. 



[part I. 



Two special 
commissioners. 
1835, 162, ^ 4. 



Vacancies by 

death, &.c. how 

filled. 

1835, 152, § 4. 



Commissioners, 
to be of different 
towns, except, 
&c. 



Tenure of office. 
1835, 152, § 4 



Commissioners, 
to choose a 
chairman. 
1835, 152, § 4. 

Proceedings, if 
one of board is 
interested. 
1835, 162, § 5, 



Where oppos- 
ing parties ap- 
pear, three dis- 
interested com- 
missioners must 

1835, 152, § 5. 

Penalty for 
neglect of duty 
of examiners, 

1835, 152, $ 10. 



ceedings shall be had, until the whole number of commissioners shall 
be elected. 

Sect. 21. In each of the counties, in which county commission- 
ers are to be chosen, as provided in this chapter, there shall also be 
two special commissioners, who shall be chosen at the same time and 
in the same manner with the said county commissioners. 

Sect. 22. Any vacancy, in the office of the county commis- 
sioners or special commissioners, by death, resignation, or otherwise, 
may be filled in the manner prescribed for the elections of those offi- 
cers ; and such vacancy shall be filled at any time, when the said 
board of examiners shall think it expedient, and shall issue their war- 
rant therefor ; and each person, chosen to fill such vacancy, shall hold 
the office for the residue of the term, for which his predecessor was 
elected. 

Sect. 23. Of the said county commissioners, and special com- 
missioners, in all the counties except Duke's county, not more than 
one shall be chosen from the same town ; and in case more than one 
county commissioner, or special commissioner, from the same town, 
shall have a majority of the ballots, the person having the largest 
number, shall be declared to be elected. 

Sect. 24. The said county commissioners and special commis- 
sioners, except such as may be chosen to fill vacancies, shall hold 
their respective offices for the term of three years, and until others 
shall be chosen and qualified in their places ; and the same persons 
may be re-elected from term to term ; and before entering upon 
their official duties, they shall be sworn to the faithful discharge of 
the same. 

Sect. 25. The county commissioners in each county shall, at 
their first meeting after their election, choose, by ballot, a chairman 
of their board. 

Sect. 26. In case any of the county commissioners shall be in- 
terested in any question before the board, or if a road or any part 
thereof, upon which they are to act, lies within the town in which 
any one of them resides, or if any one of them is unable to attend, 
the other member or members of the board shall give notice to one 
or both of the special commissioners, as the case may require, who 
shall forthwith proceed to act in the board, and shall have the same 
authority in all respects, as the county commissioner who is so dis- 
qualified or unable to attend. If a board cannot be organized, in 
conformity with these provisions, then so much of this section, as re- 
lates to a residence in the town, in which the road lies, shall, in such 
case, be no disqualification. 

Sect. 27. No business, in which opposing parties appear, shall 
be finally determined, except by consent, unless there shall be three 
disinterested commissioners present and acting thereon ; but the pro- 
visions of this and the preceding section shall not extend to the coun- 
ty of Duke's county. 

Sect. 28. If the said board of examiners, selectmen or town 
clerk shall wilfully neglect to perform any of the duties, required of 
them in this chapter, each of them so neglecting shall forfeit a sum 
not exceeding two hundred dollars, to the use of the county where 
the offence was committed. 



TITLE VI.] Chap. 14. Sect. 29—35. 163 

Sect. 29. In the county of Suffolk, the mayor and aldermen in Suffolk th© 
of tlie city of Boston shall have the like powers, and perform the mayor and ai- 
like duties, within said city, as are exercised and performed by the ton to have the 
county commissioners of other counties, except such as relate to powers of com- 
trials by jury, and the recovery of damages on such trials, in case of cept, &c. ' 
the laying out, altering or discontinuing highways or town ways in 1^21, 109, §§ 8. 
said counties. 

Sect. 30. In the county of Nantucket, the selectmen of the in county of 
town of Nantucket, duly elected from year to year, shall have the f^]^c"^en 'to**^ 
like powers and perform the like duties, as are exercised and per- have the pow- 
formed by the commissioners of other counties. ^F^ of commis- 

Sect. 31. The said commissioners shall have authority : 1834,83. 

First, to provide for the erecting and repairing of court houses, General powers 
jails, and other necessary public buildings, within and for the use of o^j=ommission- 
the county. 1784, 41, §1. 

Second, to lay out, discontinue, or alter, highways and other j^gg g,y 
ways, to award damages occasioned thereby, and to do all other acts 1827^ 77. 
relating thereto, as is provided in the twenty fifth chapter. 

Third, to grant licenses to innholders, retailers of spirits and other 1332, 166 
liquors, and common victuallers, and to do all other acts relating to 
licensed houses, as is provided in the forty seventh chapter. 

Fourth, to make estimates, to be laid before the general court, of 1731^ 22. 
the sums which may from time to time be necessary to be assessed 1792, 26. 
for defraying county charges ; and to take the necessary measures 
for apportioning and assessing the same, as is provided in this chap- 
ter. 

Fifth, to examine, allow and settle all accounts of the receipts and 1755 75 & 2. 
expenditures of the moneys of the county. 

Sixth, to represent their respective counties ; and to have the 
care of the county property, and the management of the business and 
concerns of the county, in all cases, which are not otherwise spe- 
cially provided for. 

Sect. 32. The commissioners, shall annually, for their respec- commissioners 
live counties, prepare and make up, to the last day of each year, the to make esti- 
estimates of taxes for all county charges and debts for the year then isn^?^ Ti/' 
next ensuing, including the building and repairing of court houses, 1834, 122, § 1. 
jails, houses of correction, and other county buildings, with their ap- 
purtenances ; and the said estimates, being so made up and approved 
by them, shall be recorded by their respective clerks, in a book kept 
for that purpose ; and a fair copy of the said estimates, signed by the 
presiding commissioner and attested by their clerk, shall be transmit- 
ted to the office of the secretary of the Commonwealth, on or before 
the first day of February next after making up the same as aforesaid. 

Sect. 33. The commissioners shall, within their respective To apportion 
counties, apportion all county taxes, according to the then last state m?, 22,^^2. 
valuation. m5',5o',^8. 

Sect. 34. In the assessment of county taxes, for the county of be^ ass^g^ssTd fw 
Suffolk, the town of Chelsea shall not be taxed for county purposes, county purpo- 

Sect. 35. The commissioners shall examine and allow the an- i8?.Vio9^^'i" 
nual accounts of the county treasurers ; and the said treasurers shall commissioners 
render their accounts, annually, to the close of every year, to be ac- to examine and 
companied with the estimates for county taxes ; and, the said ac- co^tTof coun- 



164 



Chap. 14. Sect. 36—41. 



[part I. 



ty treasurers, 
with estimates, 
to the secreta- 
ry, &c. 
1811, 74, § 2. 
1834, 122, § 1. 



Commissioners 
aud treasurers 
to publish ac- 
counts of the 
county expen- 
ses, annually. 
1828, 18. 



Powers and du- 
ties of commis- 
sioners, to 
whom they ap- 
pertain. 



counts, being so allowed and approved, shall be delivered by the said 
treasurers to the clerks of the said commissioners, and shall be by 
them sealed up and transmitted, with the said estimates, on or before 
the first day of February, annually, to the office of the secretary of 
the Commonwealth, in order that they may be examined and allowed 
by the general court, at the same time with the said estimates. 

Sect. 36. The commissioners and treasurers of the several 
counties, except in the county of Suffolk, shall, at the close of each 
year, in one or more newspapers, not exceeding three, printed with- 
in their respective counties, or in an adjoining county, publish an 
account of the receipts and expenditures of their respective counties, 
arranged under distinct heads. 

Sect. 37. All the provisions concerning the powers and duties 
of the county commissioners, and the clerks thereof, which are con- 
tained in this and other chapters, shall, except where otherwise spe- 
cially provided, be construed to include and apply to all other public 
officers, who, by law, exercise the powers of such commissioners or 
their clerks, in the respective counties. 



BOARD OF EXAMINERS. 

Sect. 38. In each of the counties, except Suffolk and Nantuck- 
et, the judge of probate, the register of probate, and the clerk of the 
court of common pleas, shall be a board of examiners for the county, 
with the authority respecting the elections of commissioners, and 
their accounts, which is given them in this chapter ; provided always, 
that if any two of the offices aforesaid shall be held by the same per- 
son in any county, the sheriff of such county shall be a member of 
the said board. 

Sect. 39. The said board of examiners shall, from time to time, 
examine the accounts of the commissioners, for services rendered by 
them in the discharge of their duties ; and if it shall appear to the said 
board, that the said accounts ought to be allowed, they shall make a 
certificate thereof upon the same ; and no such account shall be paid 
by the county treasurer, unless so certified. 

Sect. 40. The said board of examiners shall be paid for their 
services, each, at the rate of three dollars a day, for every day em- 
ployed in the discharge of their duties, and ten cents a mile for travel 
to and from the place of their meeting ; and their accounts shall be 
audited and settled by the county treasurer. 

BOARD OF ACCOUNTS IN SUFFOLK. 

In the county of Sect. 41. In the county of Suffolk, the judge of probate, the 
Suffolk, board \^^^^Q of the municipal court of the city of Boston, and the iustices oi 

of accounts to •*, ° ,. ^^ . , . , „ "^ • i i i ■' , ^ 

examine and the police court ot said City, shall continue to be the board oi ac- 

settle accounts. 



Board of exam- 
iners in each 
county, except, 
&c. of whom to 
consist. 
1835, 152, § 1. 



Duty of the 
board in respect 
to a'jcounls of 
commissioners. 
1835, 162, § 1. 



Compensation 
of board of ex- 
aminers. 
1835, 152, § 1. 



1821, 109, § 9. 



counts ; whose duty it shall be to meet, quarter yearly, and as much 
oftener as may be found necessary, to examine and allow all bills of 
costs, accounts and charges, arising in the course of proceedings in 
said municipal and police courts, and in the maintenance and keeping 
of the prisoners in the jail of the county of Suffolk, and of all other 
expenses and charges, in keeping said jail and all other places of 
confinement and punishment, within the city of Boston ; and the said 
board of accounts shall certify all such accounts, charges and expen- 



TITLE VI.] Chap. 14. Sect. 42 — 49. 165 

ses, as shall have been allowed by them ; and their certificate shall be 
indorsed on the accounts so allowed, and shall be addressed to the 
public officer by whom such charges, fees and expenses may by law 
be payable. 

Sect. 42. Any three or more, of the members of the board of Three of the 
accounts of the county of Suffolk, shall constitute a quorum for the a°quomnr;^and 
performance of their duties ; and they shall be entitled, respectively, tiiejr compen- 
to receive the sum of three dollars, for each and every day which i82i°io9 §$ 
may be employed by them, in the discharge of their said duties. 9, lo'. 

COUNTY TREASURERS. 

Sect. 43. There shall be chosen annually, at the annual meet- Election of 
ings of the several towns, in each county, except Suffolk and Nan- <=o"nty treasur- 
tucket, by the written votes of the qualified voters, a suitable person, 1785,76, $1. 
being resident in the same county, to be the county treasurer. 

Sect. 44. At the election of county treasurer, the votes shall Same subject 
be sorted, in open town meeting, by the moderator thereof and the ' ' * * 
town clerk ; the names of the persons voted for, and the number of 
votes, which each person had, shall be recorded by the clerk in the 
town records, and an attested copy of such record shall be transmit- 
ted, under seal, to the county commissioners, at their next ensuing 
meeting, there to be opened and compared with the like returns from 
the other towns of such county ; and the person, who shall thereupon 
be found to have the majority of the said votes, and who shall accept 
the said office, shall be declared to be the county treasurer. 

Sect. 45. The county treasurer shall be sworn to the faithful County treasu- 

rcr to DG sworn 

discharge of his trust, by the said commissioners, or any one of them, and give bond. 
' and shall give bond for the faithful discharge of the duties of his of- ^'^^^' '^^> § ^• 
fice, with sufficient sureties, in such penal sum as they shall direct, to 
the clerk of the commissioners of the same county for the time be- 
ing, and his successor in that office ; and the county treasurer, so 
chosen, shall continue in office for the term of one year, and until 
another shall be chosen and qualified in his stead. 

Sect. 46. In case no person shall have a majority of the whole ifno choice, or 
number of votes returned, or the person chosen shall decline accept- ij treasurer die, 

1 rr- f • 1 11 T • <fcc., commis- 

mg the ofnce, or, alter accepting, shall die or resign, or remove out sioncrs may ap- 
of the county within the year, or shall, from any cause, become inca- P^o"^ '7(f4' f'*'' 
pable of discharging the duties of his office, the said commissioners ' ' 
shall appoint a suitable person, being a resident in the same county, 
to fill such vacancy ; and the person appointed by the commission- 
ers, being sworn to the faithful discharge of the trust, and giving bond 
as before directed, shall be treasurer of said county for the remainder 
of the year, and until some other person shall be chosen and qualified 
in manner as provided in the preceding section. 

Sect. 47. In the county of Suffolk, the treasurer of the city of Bost'o^to be 
Boston shall be the county treasurer. treasurer of 

•^ SufTolk. 

Sect. 48. In the county of Nantucket, the treasurer of the town '821, 109, ^12. 
of Nantucket shall be county treasurer. town of Nan- ^ 

Sect. 49. No person who holds the office of attorney general, treasurer of the 
district attorney, justice of the court of common pleas, clerk of the Jg^'^q. 
same court, or sheriff, shall hold the office of county treasurer. incompatibility. 

1809, 93. 



166 



Chap. 14. Sect. 50—59. 



[part I. 



County treasu- 
rer to pay over 
money accord- 
ing to order of 
commissioners, 
except, &e. 
1785, 76, § 2. 
County treasur- 
er to account 
with commis- 
sioners, and to 
be paid as tiiey 
judge reasona- 
ble. 
1785, 76, § 2. 

Process for col- 
lecting county 
taxes. 

1785, 76, § 3. 
Further assess- 
ments not to be 
made till trea- 
surer's account 
is allowed. 
1785, 76, § 3. 

Treasurers 
may sue on 
bonds, &c., giv- 
en to their pre- 
decessors, and 
prosecute 
for injuries. 

Case of build- 
ing, owned 
jomtly by coun- 
ty and town. 
1797, 14.. 
1785, 29, § 4. 



Sect. 50. All moneys received by the county treasurer, for the 
use of the county, shall be paid by him, as the commissioners shall 
from time to time direct, except where special provision is made 
by law, for the payment of such moneys, by order of any court or 
otherwise. 

Sect. 51. Each county treasurer shall account with the com- 
missioners of his county, for all moneys received and paid by him, 
in behalf of his county ; and they shall make him such compensation 
for his services, as to them shall seem reasonable. 

Sect. 52. Each county treasurer may enforce the payment of 
all county taxes, by the like rules and methods, as are prescribed in 
the eighth chapter, for the treasurer of the Commonwealth in collect- 
ing the state taxes. 

Sect. 53. No further assessment shall be made on the several 
towns and places in the county, until the treasurer thereof shall have 
rendered his account to the general court, as provided in this chap- 
ter, and the same shall have been allowed. 

Sect. 54. The treasurers of counties may, in their own names 
and official capacity, prosecute to final judgment and execution, any 
suits upon bonds, notes and other securities, given to their predeces- 
sors in office, and any suits commenced by their predecessors in of- 
fice and pending at their removal therefrom ; and they may also pro- 
secute for any injuries done to the public lands, buildings, or other 
property of their counties ; provided, however, that whenever such 
injury shall be done to a building owned partly by the county and 
partly by any town, such prosecution may be maintained either by 
the treasurer of the county or of such town, whichever of them shall 
first institute the same. 



Sheriffs now in 
office, to con- 
tinue until, &c. 

Term of office. 
1830, 110, § 1. 



When vacan- 
cies happen, 
governor shall 
appoint. 
1830, 110, ^ 1. 

The governor 
may remove. 
1830, 110, § 1. 

Sheriffs to give 
bonds to state 
treasurer. 
1794, 63, $ 2. 

Appointment of 
deputies. 



SHERIFFS OF COUNTIES. 

Sect. 55. The several sheriffs, now in office, shall continue to 
hold their offices, according to the tenor of their respective com- 
missions ; and all sheriffs, hereafter appointed, shall hold their offices 
for the term of five years, from the date of their respective commis- 
sions, unless sooner removed therefrom, according to the provisions 
of this chapter. 

Sect. 56. Whenever a vacancy shall happen in the office of 
sheriff, in any county, the governor, with the advice and consent of 
the council, shall appoint and commission a suitable person to fill 
such vacancy. 

Sect. 57. The governor, with the advice and consent of the 
council, may, at any time when he may think proper, remove from 
office any sheriff, and appoint another in his place. 

Sect. 58. Every sheriff shall give such bonds, with sureties, to 
the treasurer of the Commonwealth, as the court of common pleas 
shall direct and approve, with condition, that he shall faithfully per- 
form his own duties, and shall also be responsible for all his deputies. 

Sect. 59. Every sheriff may appoint his own deputies ; and 
every deputy sheriff, so appointed, shall, before proceeding to exe- 
cute any process, be sworn to the faithful discharge of the duties of 
his office. 



TITLE VI.] Chap. 14. Sect. 60— 67. 167 

Sect. 60. Every person, hereafter appointed sheriff of any New sheriff to 
county, shall give notice thereof, as soon as may be, to the several ""'''^ coroners. 
coroners of the same county. 

Sect. 61. The court of common pleas shall, once in every year, Common pleas 
m each county, examine into the sufficiency of the official bonds *° ^?'Jf"°® . 

•* *^ sncrin s bonds 

given by the respective sheriffs ; and if it shall appear that the bond annually ; if 
eiven by any sheriff is insufficient, the court shall cause a record 'nsufficient, a 

1 r ^ II 1-1111 II- • 1 c new one shall 

tliereot to be made by their clerk, and shall give notice thereof to be given. 
such sheriff, and require him to give a new bond, to the satisfaction i'794,63, $1. 
of the said court, within such time as they shall order. 

Sect. 62. Whenever any surety upon the official bond of any Sheriff's sure- 
sheriff, or the heirs, executors or administrators of such surety, shall char^eY \vhM ' 
petition the court of common pleas in the county of such sheriff, to fcc." ' 
be discharged from such bond, the said court shall cause the sheriff 1^24,23, § i 
to be served with an attested copy of such petition, and shall require 
him to give new security to the satisfaction of said court, at such time 
as they shall order ; and, upon such new security being given, such 
surety, his heirs, executors and administrators, shall be discharged 
from any further responsibility on said bond. 

Sect. 63. If any sheriff shall neglect or refuse to give bond, as Penalty, if she- 
required in any of the cases provided for in this chapter, he shall for- L'ive"b(fnd?' *° 
feit the sum of one hundred and fifty dollars, for each month's ne- 1794, 63, §2. 
gleet, and the attorney general shall prosecute for the same ; and the 
court of common pleas shall forthwith certify the fact of such neglect 
or refusal to the governor and council, and also to the attorney gen- 
eral ; and the governor, with the advice of the council, shall there- 
upon remove such sheriff from his office, and appoint some other 
person in his stead, unless reasonable cause, to the satisfaction of the 
governor and council, shall be shown for such neglect, and unless 
such sheriff shall give security, to the satisfaction of the governor and 
council, within twenty days after die date of the said certificate. 

Sect. 64. When the condition of the official bond of any sheriff Sheriff's bond 
shall be broken, to the injury of any person, such person may at his i8o"5, 99^Ti. 
own expense institute a suit thereon, in the name of the treasurer, and 
prosecute the same to final judgment and execution ; and, in such 
case, the writ shall be indorsed with the name of the person, for 
whose benefit the suit is instituted, or with the name of his attorney, 
and the like proceedings shall be had thereon, to final judgment and 
execution, as in a suit by a creditor on an administration bond, given 
to any judge of probate. 

Sect. 65. No such suit on a sheriff's bond shall be instituted. Judgment to be 
until the party instituting it shall have recovered judgment against the first recovered 
sheriff, his executors or administrators, for a breach of the condition injured, &c. 
of the bond, or shall have obtained a decree of the judge of probate, ^^^^> ^^' 5 ^■ 
allowing a claim for the causes aforesaid ; and such judgment or de- 
cree, or such part thereof as shall be unsatisfied, with the interest due 
thereon, shall be the amount for which execution shall be awarded. 

Sect. 66. Any actions for the malfeasance or nonfeasance of a Actions for mal- 
sheriff, or of any of his deputies, may be sued against the executors oTsheHfis^r' 
or administrators of such sheriff, in like manner as if the cause of ac- deputies, to lie 
tion survived at common law. If^l^f^ ^^"^^f'A 

, sentatives of de-. 

Sect. 67. The treasurer shall deliver an attested copy of any ceased sheriffs. 

■' 1805,99,^2. 



168 Chap. 14. Sect. 68— 76. [parti. 

Treasurer to sheriff's official bond, to any person applying and paying for the same ; 
^7b'^V°^'^* and such copy shall be received as competent evidence, in any case 
1805, 99, §3. relating to such bond ; provided, nevertheless, that if, in any such 
suit, the execution of the bond shall be disputed, the court may order 
the treasurer to bring the original bond into court, for the purposes of 
the trial of such action. 
Sheriff and de- Sect. 68. The sheriff, and each of his deputies, shall serve and 
puties shai^^_^^ exccute, vvithin his county, all writs and precepts, issued by lawful au- 
&c. ' thority, and to him or them directed and committed. 

1783, 44, §1. Sect. 69. Any sheriff or deputy sheriff may serve any writs or 

mayferV^*^' Other proccss, mentioned in the preceding section, in cases where any 
where their couiity, town, parish or religious society, or any school district is a 
p°anbs '^c.^'^'' party or interested, notwithstanding the said officers may at the time 
4 Pick.' 405. be members of such corporations. 

19^1' 2^' ^^°^' Sect, 70. All sheriffs and their deputies may execute all such 
Sheriffs and de- precepts, as may be in their hands, at the time of their removal from 
puties may ofScc ; and in every case of a vacancy in the office of sheriff, every 
ter sheriff ^s^re- deputy sheriff, in office under him, having any writ or precept in his 
movai from of- hands, at the time [of] such vacancy happened, shall have the same au- 
1783, 44, 6 I. thority, and shall be under the same obligation to serve, execute, and 
1808, 4G, §3. return such writ or precept, as if such sheriff had continued in office. 
Sheriffs, &c. Sect. 71. All sheriffs and their deputies may summon and at- 

may attend ju- ^^gnd juries, for assessing damages sustained by the locating of turn- 
ges' by locating pike roads and railroads, in any cases, where the sheriff or deputies, 
turnpikes, <fec. other than the officer, who shall summon and attend such jury as 
I824T06. aforesaid, are members of such turnpike or railroad corporation. 

Sheriff, &.C. Sect. 72. Any sheriff, deputy sheriff, coroner or constable, shall 

may command j^^^g authority to require suitable aid, in the execution of his office, 
1795, 68. § 1. in any criminal case, or for the preservation of the peace, or for the 
apprehending or securing of any person for a breach of the peace ; 
and he may require the like aid, in cases of escape or rescue of per- 
sons arrested upon civil process. 
Sheriffs not to Sect. 73. No sheriff shall have his body arrested, either upon 

have their bo- j.- • • •^ ^• 

dies arrested, mesne process. Or execution m a civil action. 

1783,44,^4. Sect. 74. When judgment shall be rendered against any person 

Executions to holdins the office of sheriff, either in his official or private capacity, 

run agamst their ^ „ ' . i ii i ■ i • 

property only. lor any sum oi money, the execution thereupon shall be issued against 
1783, 44, §4. j^jg goods, chattels, and lands, but not against his body. 
Sheriff's liabiii- Sect. 75. If any execution, issued against the goods, chattels, 
ty when such qj. jgnds of a person holdina; the office of sheriff, shall be returned not 

cxGcution SllSll 1 o •' ^ 

be returned un- Satisfied, the Creditor may file before the governor and council an at- 
178^*^44.' <\4 tested copy of such execution and return, and shall also give notice 
' ' ' of his said proceedings to such sheriff ; and if such sheriff shall not, 
within thirty days next after sueh notice, pay to the creditor the whole 
amount of his debt, together with reasonable costs of the copies and 
notifications aforesaid, the governor, with the advice of the council, 
shall remove such sheriff from his office, and appoint some other per- 
son to the same. 
Afterremovai Sect. 76. When a sheriff shall be removed from office, the clerk 

alias executions of the court, whcucc any execution against such sheriff shall have 
bfdief&c!'^ been issued and returned not satisfied, shall, as soon as another sheriff 
1783, 44, ^ 4. is appointed, make out alias executions in common form, as well 



TITLE VI.] Chap. 14. Sect. 77 — 85. Jg9 

against the body, as the goods, chattels and lands of the sheriff so re- 
moved. 

Sect. 77. Any default or misfeasance in oiBce, of any deputy Defaults of de- 
sherifF or jailer, after the death or resignation of any sheriff, by whom after detth'&c 
he was appointed, shall be adjudged a breach of the condition of the of sheriff, to be 
official bond given by such sheriff. briacF*^ ^ 

Sect. 78. All actions against sheriffs, for the misconduct and 7 Mass. 505. 
negligence of their deputies, shall be commenced and sued within jsos 46^^iS 2 
four years next after the cause of action shall have accrued. Limitation of 

Sect. 79. No sheriff, deputy sheriff, coroner, or constable, shall actions against 
appear in any court, or before any justice of the peace, as attorney or 1795 ^\_ 
counsel, for or in behalf of any party in a suit ; nor shall he draw, sheriff, deputy, 
make, or fill up any writ, declaration, plea, or process, for any such coroner, or con- 
party ; nor shall he, with intent to procure himself to be employed in ac^t asauorney. 
the collection of any demand, or in any manner to make gain or pro- 1783, 4-i, §3. 
fit therefrom, advise, counsel, or encourage any person directly or e Pick. 483. 
indirectly, to commence any suit or process. 

Sect. 80. Every sheriff, deputy sheriff, coroner, or constable, Penalty, in 
offending against the provisions of the preceding section, shall forfeit jlijgg '^^^■. „ 
the sum of fifty dollars, to be recovered by indictment to the use of 1822^ 20.' 
his county. 

Sect. 81. If any sheriff, deputy sheriff, coroner, or constable, Penait}% if 
shall take the body of any deceased person, on mesne process or exe- sheriff, &c. 
cution, he shall, upon conviction of such offence, be fined not more body. 
than five hundred dollars, or imprisoned for a time not exceeding six ^^^^' 1°-; § ^• 
months. 

Sect. 82. The sheriff of each county shall have the custody, Sheriffs to have 
rule, and charge of the jails therein, and of all prisoners in such jails, the ^aTis"*^ nd *^ 
and shall keep the same himself, or by his deputy or jailer, for whom prisoners. 
he shall be responsible. 1783, 44, § L 

Sect. 83. The sheriff of each county shall keep, in a large Sheriff, to keep 
bound book provided for that purpose only, an exact register or cal- pr^s^o^gfs^'^ °^ 
endar of all prisoners, committed to any prison under his care ; and 1784, 41, § 4. 
in the said book shall be distinctly and fairly registered the names of 
all prisoners so committed, their places of abode, additions, time of 
commitment, for what cause, and by what authority committed ; and 
a description of the persons of such as are committed on criminal 
prosecutions ; and when any prisoner is liberated, the sheriff shall, in 
the same book, register the name and description of him as aforesaid, 
the time when, and the authority by which, such liberation was made ; 
and, in case of any escape, the time and manner of the escape shall, 
as soon as may be after it happens, be also noted in said book. 

Sect. 84. Every sheriff, upon the expiration of his commission, Sheriffs to be 
or upon his resignation or removal from office, shall deliver over to ddiAery^of pX 
his successor all prisoners then in his custody ; and, for that purpose, soners to their 
he shall retain the keeping of the jail and of the prisoners therein, i783^*|^'^l4 
until his successor shall be appointed and qualified. 

Sect. 85. All v.'arrants, mittimuses, processes and other official Mittimuses and 
papers, or the attested copies of them, by which any prisoner shall ^g kep^!'and^de° 
have been committed or liberated, shall be regularly filed in the order Hvered oyer to 
of time ; and they shall, together with the sheriff's calendar before '^•^^*^^" ^• 
mentioned, be safely kept in a suitable box for that purpose, and, upon 
22 



170 



Chap. 14. Sect. 86—91. 



[part 1. 



Penalty for neg- 
lect. 

1784, 41, § 6. 



Keeper of jails 
to continue in 
office after she- 
riffs' decease, 
until, &c. 
1808,46, § 1. 



When a prison- 
er dies in jail, 
his body to be 
delivered to his 
friends, &c. 
1811, 102, § 1. 



Deputies to ac- 
count every 
twelve months. 
1830,110,^6. 



Proportion of 
fees to be paid 
by deputies to 
sheriff. 

1830, 110, § 3. 
7 Mass. 31. 
Sheriffs to ren- 
der an account 
of all moneys 
received to 
coimty treasur- 

1830, 110, § 2. 
Compensation 
allowed to sher- 
iffs in each 
county. 
1830, 110, § 4. 



the expiration of his commission, or upon his death, resignation, or 
removal from office, shall be delivered to his successor, and, in de- 
fault of such delivery, such sheriff, or his executors or administrators, 
shall forfeit the sum of two hundred dollars, to be recovered to the 
use of the county. 

Sect. 86. Incase of the death of the sheriff, the jailer, by him 
appointed, shall continue in that office, and retain the custody, rule 
and charge of his jail, and of all prisoners then within such jail, or af- 
terwards committed to his custody, until a successor to such deceas- 
ed sheriff shall be appointed and qualified, or until the governor, by 
and with the advice of the council, shall remove such jailer and ap- 
point another ; and the jailer so appointed by the governor, shall give 
such bond with sureties, as the governor shall direct and approve, for 
the faithful performance of the duties of his office ; and he shall con- 
tinue in office during the vacancy in the office of sheriff. 

Sect. 87. When any person, imprisoned for any cause, shall 
die in prison, the sherifi' or the keeper of the jail shall deliver the 
body of such deceased person to his relations or friends, if they shall 
request it ; and, if no application be made therefor, the sheriff or keep- 
er shall bury the same in the common burying-ground ; and the ex- 
penses therefor shall be paid by the town, in which such person had a 
legal settlement, if any, otherwise out of the treasury of the Common- 
wealth. 

Sect. 88. The deputies of the sheriffs shall, once in twelve 
months, at least, and as much oftener as shall be required, render to 
their respective sheriffs, under oath, a true account of all fees which 
they, shall have received, or which shall accrue to them by virtue of 
their office. 

Sect. 89. The sheriffs shall receive of their deputies, twenty 
five per cent, on the amount of fees for travel, service, and levy of all 
writs and executions. 

Sect. 90. The several sheriffs shall keep a true account of all 
moneys received by them, either from their deputies, or otherwise, 
by virtue of their office ; and they shall, on the first Wednesday of 
January, annually, render to the treasurers of their respective counties, 
under oath, a true account of the whole amount by them so received. 

Sect. 91. Out of all moneys received by the sheriffs from 
their deputies, as provided in the preceding section, they shall retain, 
for their own use, if they shall have received so much, the sums fol- 
lowing, namely : the sheriff of Suffolk, two thousand dollars ; the 
sheriff of Essex, one thousand dollars ; the sheriff of Middlesex, one 
thousand dollars ; the sheriff of Worcester, one thousand dollars ; 
the sheriff of Hampshire, six hundred dollars ; the sheriff of Hamp- 
den, six hundred dollars ; the sheriff of Franklin, six hundred dol- 
lars ; the sheriff of Berkshire, seven hundred dollars ; the sheriff of 
Norfolk, seven hundred and fifty dollars ; the sheriff of Bristol, eight 
hundred dollars ; the sheriff of Plymouth, seven hundred dollars ; 
the sheriff of Barnstable, five hundred dollars ; the sheriff of Nan- 
tucket, four hundred dollars ; and the sheriff of Duke's county, two 
hundred dollars ; and the residue of the moneys received by them as 
aforesaid, shall, at the time of rendering their accounts as aforesaid, 
be paid over by them to their respective county treasurers, for the 
use of the county. 



TITLE VI.] Chap. 14. Sect. 92—99. 171 

Sect. 92. The sheriff shall have, for the safe keeping of the Sheriff, to have 
prisoners committed to his custody, such a salary, to be allowed him ^eppb^ prison- 
from the county treasury, as the commissioners in the respective ers. 
counties shall order ; which salary shall not be less than twenty dol- ^^^^' ^^^' ^ ^* 
lars annually for any county ; provided, that no sheriff shall receive 
any rent or emolument, from the jailers and keepers of the houses 
of correction, for the use and occupation of the dwelling houses, 
provided for them by the county. 

CORONERS. 

Sect. 93. All coroners shall, before they enter upon the duties Coroners, to be 
of their office, be sworn to the faithful discharge thereof, and shall ^J^°^'^oTd. *° 
give bond to the treasurer of the Commonwealth, in the like manner 1783,43, §1. 
as sheriffs are required to do by the provisions of this chapter. 

Sect. 94. The court of common pleas shall, once in every Court of com- 
year, in each county, examine into the sufficiency of the official ex°amineTnto° 
bonds, given by the respective coroners ; and if it shall appear, that sufficiency of 
the bond of any coroner is insufficient, the said court shall cause a isi^Ysg!^""" *' 
record thereof to be made by their clerk, and shall give notice there- 1794,33, § i. 
of to such coroner, and require him to give a new bond, to the satis- 
faction of the said court, within such time as they shall order. 

Sect. 95. Whenever any surety, upon the official bond of any Surety of coro- 
coroner, or the heirs, executors or administrators of such surety, "joi, ^^be^dis'- 
shall petition the court of common pleas, in the county of such coro- charged, 
ner, to be discharged from such bond, the like proceedings, in all ^'^^*'~^- 
respects, shall be had thereon, as are provided in this chapter, in 
case of the like petition by a surety on a sheriff's official bond. 

Sect. 96. If any coroner shall neglect or refuse to give bond, PenaUyfor ne- 
as required by this chapter, or if the condition of such bond shall be ff'ecting to give 
broken, to the injury of any person, such coroner shall be liable to 
removal from office, and be subject to the like penalties as sheriffs „ . 

, VI II • • r 1 • 1 1 Suits on coro- 

are, m the like cases, by the provisions oi this chapter ; and any per- ner's bonds, 
son interested shall have the like remedies, upon the official bond of i'''94, 63, § 2. 
such coroner, and in like manner, as are provided by this chapter, in 1813' 189. 
the case of official bonds given by sheriffs. 

Sect. 97. Every coroner, within the county for which he is ap- Coroner lo ex- 
pointed, shall serve and execute all writs and precepts, and perform ^^I'ere^^iieriff is 
all other duties of the sheriff, when the sheriff shall be a party or a party, &c. 
interested in the case. ^^^^' '^' ^ ^• 

Sect. 98. Any coroner may serve and execute all writs and Although his 
precepts, in cases mentioned in the preceding section, where any county, &c. is a 
county, town, parish or religious society, or any school district, are I8IT, 13. 
parties or interested, notwithstanding he shall at the time be a mem- 
ber of such corporation. 

Sect. 99. When the office of sheriff shall be vacant, by death During a vacan- 
or otherwise, the several coroners of the county ai-e authorized to o'^J." ^cormier 
perform all the duties, which are by law required to be performed shall perform 
by the sheriff, until another sheriff for such county shall be appoint- ^1',^^';^^'*^^ °^ ^ 
ed and qualified, and such coroners respectively shall have notice 1783, 43, §1. 
thereof. 1™' i'^- 



172 



Chap. 14. Sect. 100—107. 



[part I. 



Registers to 
continue in 
office till term 
expires. 

Elections of 
registers, once 
in five years. 
1783, 60, §§1.5. 



Registers, to be 
sworn, and give 
bond. 
1783, 60. 
1825, 145, § 2. 



to keep 

public offices. 
1783, 60, § 1. 
1830, 15. 



Fire-proof offi- 
ces, to be provi- 
ded for regis- 
ters. 
1811, 165. 

When registers 
shall be remov- 
ed. 
1786, 57, § 5. 



Commissioners 

may appoint a 

register of 

deeds, in case, 

&c. 

1825, 145, § 1. 



New elections 
of registers, 
when to be 
ordered. 
1825, 145, § 3. 



REGISTERS OF DEEDS. 

Sect. 100. The several registers of deeds in each county shall 
continue in office, for the residue of the term, for which they were 
respectively elected. 

Sect. 101. At the annual meetings of the several towns, in each 
county, in the year one thousand eight hundred and thirty six, and 
every five years afterwards, the inhabitants of said towns, qualified to 
vote for representatives in the general court, shall elect registers of 
deeds ; each of whom shall hold his office for five years, and until 
some other person shall be chosen and qualified in his stead, unless 
he shall be sooner removed from office, by order of the county com- 
missioners, for misconduct in the discharge of his duty. 

Sect. 102. Every register of deeds, whether chosen by the 
voters in the several towns, or appointed by the county commission- 
ers, as is hereafter provided in this chapter, shall be sworn, before 
the said commissioners, or some one of them, to the faithful dis- 
charge of the duties of his office, and shall also give bond therefor, 
under the direction of the said commissioners, to the treasurer of the 
county. 

Sect. 10-3. Each register of deeds, except as is provided in this 
chapter for the county of Berkshire, shall reside in the shire town of 
his county, and shall there have a public office, which he shall keep 
open every day, except Sundays ; and he shall there keep all the 
books, records, deeds and papers belonging to his office, in the man- 
ner prescribed in the fifty ninth chapter. 

Sect. 104. The commissioners shall provide and maintain fire- 
proof rooms, with suitable alcoves, cases, and boxes, for the safe 
keeping of all the records, files, papers, and documents belonging to 
the several registries of deeds. 

Sect. 105. Whenever any register of deeds, upon presentment 
of the grand jury, shall be found guilty of misconduct, in discharging 
his official duties, or, whenever by reason of infirmity of body or 
mind, he shall be incapable of rightly discharging in person the duties 
of his office, the commissioners shall, upon reasonable notice, re- 
move him from office, and may order the books, papers, and other 
things belonging to the office, to be delivered over to the clerk of 
the judicial courts of the county, or to any new register appointed or 
elected as provided in this chapter. 

Sect. 106. In case of the death, resignation, or removal of any 
register of deeds, the commissioners in the county in which such va- 
cancy shall happen, shall forthwith meet at the place, where their 
next regular meeting would be held, and shall appoint, on their re- 
cords, some suitable person to be register of deeds, until the vacan- 
cy shall be filled by a new election, in the manner provided in this 
chapter. 

Sect. 107. Whenever such a vacancy shall happen in the office 
of register of deeds in any county, or in any registry district of a 
county, the commissioners shall forthwith issue notices to the several 
towns of such county, or of such registry district, respectively, direct- 
ed to the selectmen of such towns, and requiring them to notify a 
meeting of the legal voters of their towns, respectively, for the pur- 



TITLE VI.] Chap. 14. Sect. 108— 116. 173 

pose of electing a register of deeds, for the residue of the term for 
which the former register was elected ; and such notice to the select- 
men shall prescribe the day and hour when such meetings shall be 
held, and the time and place of making returns to the said commis- 
sioners of the number of votes, and the names of the persons voted 
for ; provided, that the time of making such returns shall never 
exceed thirty days from die date of such notices. 

Sect. 108. The commissioners may adjourn to any day, subse- Commissioners 
quent to the said return day, at their discretion, for the purpose of " unfthriJ^tes. 
counting the votes and declaring the same. 1825, 145, ^ 4. 

Sect. 109. In case no election shall be made in the first in- In case of no 
stance by the qualified voters, the commissioners shall issue a new ekcUon^to be 
process, as before, until a choice of register shall be made by the had. 

^ • , ' ' ° •' 1791, 12. 

said voters. _ _ I825, 145, § 4. 

Sect, 110. In the county of Berkshire, there shall continue to Special provis- 
be three offices for the registry of deeds, which shall be kept in the j°" '°'" registry 
districts of said county, described in the three following sections. Berkshire. 

Sect. 111. The towns of Lenox, Pittsfield, Richmond, Stock- 1788,5. 
bridge, Lee, Tyringham, Becket, Washington, Peru, Hinsdale and ?7^8"5 '^f \"''** 
Otis, and such unincorporated places as lie between any of the said isos,' 42. 
towns, shall constitute one district for the registry of deeds in the ^^^^' ^^• 
county of Berkshire ; and the office of the register for that district 
shall be kept in the town of Lenox. 

Sect. 112. The towns and unincorporated places in the said Northern dis- 
county, which lie north of the towns enumerated in the preceding ^"33 5^2 
section, shall constitute one district for the registry of deeds in the 
same county ; and the office of the register for that district shall be 
kept in the town of Lanesborough. 

Sect. 113. The towns and unincorporated places in the said Southern dis- 
county, which lie south of the district first above described, shall con- ^"gg 5 ,54 
stitute one district for the registry of deeds in the same county ; and 
the office of the register for that district shall be kept in the town of 
Great Barrington. 

Sect. 114. The several registers of deeds, for each of the said Elections, va- . 
districts in the county of Berkshire, shall be elected by the inhabi- Be"rSrf *^'' '° 
tants of the towns of such district, in the like manner as the registers 1788, 5. 
of deeds in each county are elected by the inhabitants of such coun- 
ty ; and, in case of a vacancy in any of the said districts, the same 
shall be filled in the like manner as in case of a vacancy in a county ; 
and in all things relating to the register of deeds and his office, each of 
said districts sliall be deemed and taken to be a county. 

Sect. 115. In the county of Barnstable, all records, deeds and Special provis- 
other instruments, made in pursuance of the one hundred and eighth Barnstrbie.'"^ 
chapter of the statutes of the year one thousand eight hundred and 1827, 108, §1. 
twenty seven, and the fortieth chapter of the statutes of the year one " ' 
thousand eight hundred and twenty eight, shall have the same effect 
in law, to all intents and purposes, as the original records of such 
deeds and instruments, in the registry of said county, would have had. 

PAPER FOR COUNTY AND OTHER RECORDS. 

Sect. 116. All matters, which are to be entered of record in Linen paper, 
any county, or other office of public record, shall be so entered or re- to be used for 

J J ^ 1 ■' county and oth- 

er records. 



174 



Chap. 15. 



[part I. 



American man- corded OH paper made wholly of linen, of a firm texture, well sized, 
preferred." ^^ ^"^ well finished ; and the clerks and registers of said offices respec- 
1815, 73 tively shall, for that purpose, give a preference to linen paper of 

American or domestic manufacture ; provided always, that such pa- 
per be marked in water fine with the word "linen," and also with 
the name of the manufacturer. 



TITLE VII. 
Of towns and town officers. 



Chapter 15. Of the powers and duties of towns; and the election, 
qualifications, and duties of town officers. 

Chapter 16. Of work-houses in towns. 

Chapter 17. Of keeping watch and ward in towns. 

Chapter IS. Of securing towns against fu-es ; and the appointment of 
fire-wards and enginemen. 

Chapter 19. Offences and fence viewers ; of pounds and the impound- 
ing of cattle ; and of field drivers. 



CHAPTER 15. 



OF THE POWERS AND DUTIES OF TOWNS ; AND THE ELECTION, QUALI- 
FICATIONS AND DUTIES OF TOWN OFFICERS. 



Section 

of the powers and duties of towns. 

1. Bounds of towns, to remain as now es- 
tablished. 

2. Percunbulations and renewal of boun- 
daries, every five years. 

3. Notice of perambulation to adjoining 
towns.. — Penalty for neglect to give no- 
tice. 

4. Bound-stones to be erected, except, 
&c. 

5. Perambulation of bounds between towns 

and unincorporated pla- 
ces. 
" of towns adjoining other 

states. 

7. Penalty for neglect of selectmen. 

8. Towns, to be bodies corporate as here- 
tofore. 

9. Districts, to have the powers of towns 
^ven by this chapter. 



Section 

10. Towns may sue, and be sued, &c, 

11. " may hold property, make con- 

tracts, &c. 

12. " may grant money ; for town 

schools, the poor, and other ne- 
cessary charges. 

13. " may make by-laws, subject to 

approval by the court of com- 
mon pleas. 

14. By-laws shall bind all persons coming 

within the town. 

15. " to be published. 

16. Towns may accept town ways, &c. 
laid out by the selectmen. 

TOWN meetings. 

17. Qualifications of voters in town afl^airs. 

18. Annual, and other meetings. 

19. Warrants shall issue for all meetings. 

20. The same warrant may include two or 
more meetings. 



TITLE VII.] 



Chap. 15. 



175 



Section 

21. Contents of the warrant. 

22. Selectmen shall insert in warrants, any 
subject requested by ten voters, &c. 

23. If selectmen refuse to call a meeting, 
one may be called by a justice of the 
peace. 

24. If major part of selectmen die, resign, 
&c., the rest may call meetings. 

23, Meetings may be adjourned. 

moderator's power and duties. 

26. At town meetings, except, &c., a mode- 
rator to be first chosen. 

27. During the election of a moderator, the 
town clerk shall preside, &c. 

28. Moderator's powers and duties. 

29. No person shall speak without leave of 
the moderator, &c. 

30. Penalty for disorderly conduct in meet- 

ings. 

31. " on moderator, or other presid- 

ing officer, for examining bal- 
lots before the poll is closed. 

32. When he may administer oaths of 
oflSce. 

THE ELECTIONS, QUALIFICATIONS AND DU- 
TIES OF TOWN OFFICERS. 

33. Town ofScers to be chosen, viz : town 
clerk, selectmen, assessors, overseers 
of the poor, treasurer, school committee 
surve^'ors of highways, constables and 
collectors, tythingmen, field drivers 
fence viewers, surveyors of limiber 
wood measurers, sealers of leather, &c 
^what town officers to be swoni. 

34. Certain officers to be chosen by ballot. 

35. Penalty for neglecting to choose se- 
lectmen, &c. 

36. If assessors refuse to serve — the com- 
missioners may appoint persons in the 
county. 

37. If towns neglect to choose selectmen, 
&c., commissioners may appoint. 

38. Officers to be appointed by selectmen ; 
sealer of weights ajid measures, measur- 
ers of wood and bark, hay weighers. 

39. Town clerks, to give notice to persons 
elected, that they may be sworn. 

40. Penalty for not teiking the oath of office. 

41. Town offices vacated by removal from 
town. 

42. Vacancies may be filled by a new 
choice. 

43. No person to be obliged to serve two 
years successively in same office. 

TOWN CLERK. 

44. Town clerk shall record all votes. 



Section 

45. ToviTi clerk shall administer oaths, cind 

make record of their ad- 
ministration. 

46. " shall record all births and 

deaths in his tovni. 

47. Parents and others, to give notice to 
town clerks of births and deaths. 

48. Tovra clerk may administer oaths to 

appraisers, &c. 

49. " pro tempore, when chosen. 

50. In case of death, &c., the selectmen 
may appoint a town clerk. 

51. The clerk pro tempore, to make a re- 
cord of liis election, &c. 

SELECTMEN. 

52. The selectmen, to be assessors and 
overseers of the poor, in case, &c. 

53. When selectmen are assessors, to be 
sworn as such. 

54. Selectmen to be under oath — Penalty, 
if not under oath. 

ASSESSORS OF TAXES. 

65. Assessors' oath. 

56. Assistant assessors, to be sworn. 

57. Penalty, if assessors neglect to take the 
oath of office. 

TOWN TREASURER. 

68. Town treasurer's duty.»-to give bond. 

59. " treasurer may sue on bonds, &c., 

to his predecessor. 

60. " " may be collector of 

taxes. 

61. " treasurer's power emd duty as 

collector. 

62. " treasurer to prosecute for tres- 

passes on public property. 

63. " treasurer to prosecute for all for- 

feitures, except, &,c. 

64. " " to render his accoimts 

annually. 

65. " treasurer's compensation. 

CONSTABLES. 

66. Penalty for refusing to serve as consta- 
ble. 

67. If person elected constable shall not 
declare his acceptance, &.C., a new 
choice to be made. 

68. If he refuses to take the oath, town 
treasurer shall prosecute. 

69. Persons exempted from being consta- 
bles. 

70. Constables, to execute warrants of se- 

lectmen. 

71. " may serve writs in personal 

actions, where damages do 
not exceed seventy dollars. 



176 



Chap. 15. Sect. 1- 



-£>. 



[part I. 



Section 

72. Constables, may serve writs where their 
towns, &c., are parlies. 

" may serve writs of replev- 

in on sheriffs. 

" may serve process in uniu 

corporated places annexed, 
&c. 

" convey persons or proper- 
ty taken, to the jail, &c., 
out of their town. 

" to complain of breaches of 
certain laws. 

' may command aid. 



73. 
74. 

75. 

76. 

77. 



COLLECTORS OF TAXES. 

78. Constables to be collectors of taxes, 
when, &c. 

79. Collectors to certify to selectmen who 

has paid ta-xes. 

80. " to give bond. 



Section 

surveyors of highways. 

81. Penalty for refusing- to serve as survey- 

or of highways. 

82. " on surveyors, for neglect of 

duty. 

83. Surveyors may be prosecuted for defi- 

ciency in highways, in case, 
&c. 

84. " shall be liable to towns for 

such deficiencies, in case,&c. 
tythingmen. 

85. Duties of tythingmen respecting the 
Lord's day. 

THE CITY OF BOSTON. 

86. Special provision respecting the muni- 
cipal powers, and duties of the city of 
Boston 

THE district OF MARSHPEE. 

87. Provisions for the District of Marshpee. 



OF THE POWERS AND DUTIES OF TOWNS. 



Bounds of 
towns, to re- 
main as now 
established. 
1783, 75, ^ 1 



Section 1. The boundary lines of every town shall remain as 
now established. 

Sect. 2. There shall be a perambulation of the boundary lines 
„ K 1-.- between towns, and the lines shall be run and the marks renewed. 

Perambulations . 1. , /■ i i r- i 

and renewal of once in every nve years, by two or more oi the selectmen ot each 

er"fiv^"^^' *^^" to^^"5 o^' s"^h substitutes as they shall in writing appoint for that pur- 

1785,75, § 1. pose ; and the proceedings in the case, after every such renewal, shall 

be recorded in the town records of the respective towns. 

Sect. 3. Previously to any perambulation, the selectmen of the 
most ancient of the contiguous towns shall give ten days' notice, in 
writing, to the selectmen of the adjoining town, of the time and place 
of meeting for such perambulation ; and the selectmen, who shall ne- 
glect their duly in giving notice, or in attending, either personally or 
by their substitutes, shall severally forfeit the sum of twenty dollars, 
to the use of die town whose selectmen shall perform their duty. 

Sect. 4. The selectmen of the contiguous towns shall cause to 
be erected, at the joint and equal expense of such towns, permanent 
monuments to designate their respective boundary lines, at every an- 
gle thereof, except where such lines are bounded by the ocean or by 
some permanent stream of water ; and the said monuments shall be 
of stone, well set in, and at least four feet high, from the surface of 
the ground ; and the initial letter of the respective names of said con- 
tiguous towns shall be plainly and legibly cut thereon ; provided, 
however, that it shall not be necessary to erect a new monument in 
any place, where any permanent stone monument already exists, of 
two feet in height, above the surface of the ground. 

Sect. 5. The selectmen of every town, bordering upon any un- 
incorporated place, shall, once in every five years, give notice to the 
assessors of such unincorporated place, of their intention to perambu- 
late the lines, between their said towns and places respectively ; and, 
upon such notice, the said assessors shall perform all the duties, re- 
quired of selectmen in the like case, and be subject to all the penal- 



Notice of per- 
ambulation to 
adjoiningtovras. 

Penalty for ne- 
glect to give 
notice. 
1785, 75, U. 



Bound-stones, 
to be erected, 
except, &c. 
1826, 117, $ 1 



Perambulations 
of bounds be- 
tween towns 
and unincorpo- 
rated places. 
1826,117,^4. 



TITLE VII.] Chap. 15. Sect. 6 — 12. 177 

ties, to be recovered and appropriated in the same manner, as select- 
men, in the like case, are now subject to by the provisions of this 
chapter. 

Sect. 6. The selectmen of the several towns of this state, bor- Perambulations 
dering on any other state, in all cases, where the lines between such Joinlngother 
other states and this state are settled and established, shall, once in states, 
every five years, give notice to the selectmen or other proper muni- ' ' ^ ' 
cipal officers of such towns in such other states, as adjoin the respec- 
tive towns of this state, abovementioned, of their intention to peram- 
bulate the lines between their adjoining towns ; and in all cases 
where such state lines are now in dispute, such perambulations of the 
lines, between the towns in this state and the adjoining towns of such 
other states, shall be made, once in every five years, after such state 
lines shall be settled and established ; and, if such notice and propo- 
sal shall be accepted by the officers to whom it is made, a perambu- 
lation shall be made of the boundary lines of such towns, in the same 
manner, as between towns in this state ; provided, however, that no 
boundary, erected by the authority of this state and any such adjoin- 
ing state, shall be removed by the said selectmen or other municipal 
officers. 

Sect. 7. Any selectman, w^ho shall neglect or refuse to cause Penalty for ne- 
the monuments to be erected as aforesaid, or to give notice to the se- ^^^ ° ^^ ^^^' 
lectmen or other proper municipal officers of towns, in the adjoining 1826, 117, § 3. 
states, or to perambulate, if the last mentioned selectmen or officers 
consent thereto, shall forfeit the sum of twenty dollars to the use of 
their [his] county. 

Sect. 8. The inhabitants of every town shall continue to be a Towns, to be 
body corporate, with all the powers heretofore exercised by towns, rate'^ hereto- 
and subject to all the duties to which they have heretofore been lia- fore. 
ble. 1785, 75, §8. 

Sect. 9. All places now incorporated by the name of districts. Districts, to 
except the district of Marshpee, in the county of Barnstable, shall of towns^givra 
have all the powers and privileges, and be subject to all the duties, to ^^ ''"^ chapter, 
which towns are entided or subject by the provisions of this chapter. ' ' ^ ' . 

Sect. 10. The inhabitants of towns, in their corporate capacity. Towns may sue 
may sue and be sued in the manner prescribed by law, and may ap- 1783, 39"$ 4. "^ 
point all necessary agents and attorneys in that belialf. ^'^^^> ''^i I ^■ 

Sect. 11. Towns shall have power to hold real estate, for the Towns may 
public uses of the inhabitants, and to convey the same, either by a make''c3ra7ts 
vote of the inhabitants, or by a deed of their committee or agents ; <^<'-. 
to hold personal estate, for the public uses of the inhabitants, and to 3Ma^s'.36a^' 
alienate and dispose of the same by vote or otherwise ; to hold real 12 Mass. 417. 
and personal estate, in trust, for the support of schools, and for the 
promotion of education, within the limits of the town ; to make any 
contracts, which may be necessary and convenient for the exercise of 
their corporate powers, and to make any orders for the disposal or 
use of their corporate property, which they may judge necessary or 
expedient for the interest of the inhabitants. 

Sect. 12. Towns shall have power, at any legal meeting, to Towns may 
grant and vote such sums of money as they shall judge necessary for p.^"' money as 
the following purposes, that is to say : ° °^^' ^'^ " 

For the support of town schools : ^ , , 

^ *■ I or schools 

23 



178 Chap. 15. Sect. 13—22. [part i. 

For the poor. For the support and maintenance of the poor : 

For burial For bui'ial grounds ; and 

fth^necesiary ^^^ ^^ '^^^^^ neccssaiy charges arising within the same town. 
charges. Sect. 13. The inhabitants of each town may make all such ne- 

TWiImay^' cessary orders and by-laws, for directing and managing the prudential 
make by-laws, affairs of the town, as they shall judge most conducive to the peace, 
moiTlVy Th^' welfare and good order thereof ; and they may annex, to such orders 
C.c. pleas. and by-laws, suitable penalties not exceeding twenty dollars for any 
iloi'Ii'^^' °"^ breach thereof; to be recovered by complaint before any justice 
1834^ 81. of the peace of the town or county, where the offence shall have been 

committed, and to enure to such uses as the town shall direct ; pro- 
vided, the said orders and by-laws shall be approved by the court of 
common pleas for the county, and shall not be repugnant to the laws 
of the Commonwealth. 
By-laws shall Sect. 14. The by-laws duly made by any town shall be binding 

bind all persons uDon all persons coming within the limits thereof, as well as upon the 

comiaer within • i ■, • r t 

the towns. mhabitants ot such town. 

6 Pick. 187. Sect. 15. All by-laws made by any town shall be published in 

By-laws to be ■' • . j • ..i, ^ u i .. 

published. 0^6 or more newspapers printed in the county where such town is 

situated. 
Towns may ac- Sect. 16. Towns may accept any town or private way laid out 
&rhi^°o^^bv ^y ^^^^^ selectmen ; and they may alter or discontinue any such way, 
the selectmen, according to the provisions of the twenty fourth chapter. 

or alter, &c. 

Koj, /^, «/. TOWN MEETINGS. 

Qualifications Sect. 17. Every male citizen, of twenty one years of age and 
of voters in upwards, (excepting paupers and persons under guardianship,) who 
Ts23. \oi^\ 1 s^^^^l have resided within the state one year, and within the town, in 
and Amend, of which he may claim a right to vote, six months next preceding any 
onst. Art. . j^ggt;,-,g fgj. ([^q transaction of town affairs, and w^ho shall have paid, 
by himself or his parent, master or guardian, any state or county tax, 
which shall, within two years next preceding such meeting, have been 
assessed upon him in any town ; and also, every citizen who shall be 
by law exempted from taxation, and who shall, in all other respects, 
' ' ' be qualified as aforesaid, shall have a right to vote at such town meet- 
ings, upon all questions concerning town affairs ; and no other person 
shall be entitled to vote at such meeting. 
Annual and oth- Sect. 18. The annual meeting of each town shall be held in the 
l785^75"Fio. rnooth of March or April ; and other meetings shall be held at such 

other times as the selectmen shall order. 
Warrants shall Sect. 19. Every town meeting shall be held in pursuance of a 
issue for all warrant under the hands of the selectmen, directed to the constables 
1785, 75, §5. or some other persons, appointed by the selectmen for that purpose, 
who shall forthwith notify such meeting, in the manner which shall 
have been ordered by the by-laws, or by any vote, of the town. 
The same war- Sect. 20. The selectmen may, by the same warrant, call two 
rant may in- or morc distinct town meetings for distinct purposes, 
more meetings, Sect. 21. The warrant shall express the time and place of the 
*■?; meeting, and the subjects to be there acted upon ; and nothing acted 

Contents of" the upon shall have any legal operation, unless the subject matter thereof 
T^^l^^d ^^^ shall have been inserted in the warrant for calling the meeting. 
Selectmen shall Sect. 22. The selectmen shall insert in the warrant all subjects, 

insert in war- 



TITLE VII.] Chap. 15. Sect. 23—31. 179 

which may, in writing, be requested of them by any ten or more vo- ^^^'^^^J ^" j' 

ters of such town. by ten voters, 

Sect. 23. If the selectmen of any town shall unreasonably re- Jjss A § 3- 
fuse to call a meeting, any justice of the peace of the county, upon fuse to call a 
the application of ten or more legal voters of the town, may, if he meeting, one 
shall think proper, call such meeting, by a warrant under his hand, by a justice of 
directed to the constables of the town, if any there be, and otherwise, 1701*^75% = 
to any of the persons applying therefor, directing them to summon ' ' 
the inhabitants qualified to vote in town affairs, to assemble at the 
time and place and for the purpose expressed in the warrant. 

Sect. 24. If by reason of death, resignation, or removal from if major part 
town, a major part of the selectmen originally chosen in any town of selectmen 
shall vacate their office, those who remain in office shall have the &c'. the 
same power to call a town meeting, as the whole number first chosen ""^^^ ""^^ '^^^^ 
would have had. 1785, 75, § 5. 

Sect. 25. Any town meeting maybe adiourned from time to Meetings may 
time, and to such place, within the same town, as the meeting shall 
determine. 

moderator's power and duties. 

Sect. 26. At all the town meetings, except those held for the A* town meet- 
election of governor, lieutenant governor, senators, representatives in a Moderator to 
the general court, representatives in congress, electors of president ^^ first chosen. 
and vice president of the United States, and county commissioners, ' ' ^ " ' 
a moderator shall be first chosen. 

Sect. 27. During the election of a moderator, the town clerk, puringtheelec- 
if present, shall preside ; and if there shall be no town clerk in office, a°o" "uieumn'^' 
or he shall be absent, the selectmen shall preside ; and the town clerk clerk shall pre- 
and selectmen, respectively, shall, in such case, have all the powers, 9 Ma^'^262. 
and perform all the duties, of a moderator. I8ii,9, §2. 

Sect. 28. The moderator shall preside in the meetings, for The^'nfodera- 
which he is chosen, and shall regulate the business and proceedings tor's powers 
thereof ; he shall decide all questions of order, and shall make public 1735 75^!' 5 
declaration of all votes passed ; and when any vote so declared by 
him shall, immediately upon such declaration, be questioned by seven 
or more of the voters present, he shall make the vote certain, by 
polling the voters, or dividing the meeting, unless the town shall, by 
a previous vote, or by their by-laws, have otherwise provided. 

Sect. 29. No person shall speak in the meeting, before leave No person shall 
first obtained of the moderator, nor while any other person is speak- f^^^^ without 
ing by his permission ; and all persons shall be silent, at the request moderator, &c. 
of the moderator. ^'^^^> '^^' § ^• 

Sect. 30. If any person shall conduct himself in a disorderly Penalty for dis- 
manner, and, after notice from the moderator, shall persist therein, the °„'^'^gi?t;„°"^"''' 
moderator may order him to withdraw from the meeting ; and, on his 1785, 75, $6. 
refusal, may order the constables, or any other persons, to take him '** ^^^^- ^^• 
from the meeting and confine him in some convenient place, until the 
meeting shall be adjourned ; and the person, so refusing to withdraw, 
shall, for such offence, further forfeit a sum not exceeding twenty dol- 
lars, to the use of the town. 

Sect. 31. Any moderator, or other presiding officer, who shall, „ . 
at any town meeting, before the poll is closed, and without the con- moderator o 



180 



Chap. 15. Sect. 32—36. 



[part I. 



other presiding' 
officer, for ex- 
amining' ballots, 
before the poll 
is closed. 
1811, 9, § 3. 
When he may 
administer 
oaths of 
office. 



Town officers 
to be chosen, 
viz : 



Tcwn clerk. 



Selectmen. 

Assessors. 

Overseers of 
the poor. 
Treasurer. 
School commit- 
tee. 

Surveyors of 
highways. 
Constables and 
collectors. 
Tythingmen. 

Field drivers. 
Fence viewers. 
Surveyors of 
lumber. 
Wood measu- 
rers. 

Sealers of 
leather, &c. 
1785, 75, § 2. 
What town of- 
ficers to be 
sworn. 



Certain officers 
to be chosen by 
ballot. 
1811, 9, § 2. 



Penalty for 
neglecting to 
choose select- 
men, &c. 
1785, 50, § 3. 

If assessors,&c. 
refuse to serve, 
the commission- 
ers may ap- 
point persons in 
the county. 



sent of the voter, read or examine, or permit to be read or examined, 
the names written on such voter's ballot, with a view to ascertain the 
candidate voted for by him, shall forfeit, to the use of the town, a sum 
not exceeding fifty dollars. 

Sect. -32. The moderator of any town meeting may, in open 
meeting, administer the oaths of office to any town officers chosen 
thereat. 

OF THE ELECTIONS, QUALIFICATIONS AND DUTIES OF TOWN OF- 
FICERS. 

Sect. 33. At the annual meeting, every town shall choose, from 
among the inhabitants thereof, the following town officers, who shall 
serve during the year, and until others shall be chosen and qualified in 
their stead, that is to say : 

A town clerk, who, if present, shall be forthwith sworn to the faith- 
ful discharge of his duty, either by the moderator of the meeting, or 
by any justice of the peace : 

Three, five, seven, or nine selectmen : 

Three or more assessors, and, if the town shall deem it expedient, 
three or more assistant assessors : 

Three or more overseers of the poor : 

A town treasurer : 

A school committee of three, five or seven persons : 

One or more surveyors of highways : 

Constables, who shall also be collectors of taxes, unless other per- 
sons shall be specially chosen collectors : 

Tythingmen, unless the towns shall vote that it is not expedient to 
choose the same : 

Field drivers : 

Fence viewers : 

Surveyors of lumber : 

Measurers of wood and bark, unless the town shall authorize the 
selectmen to appoint them : 

Sealers of leather : and 

All other usual town officers. 

All the town ofiicers, designated by name in this section, except 
the overseers of the poor, tythingmen and the school committee, 
shall be sworn to the faithful discharge of the duties of their respec- 
tive offices. 

Sect. 34. The election of town clerks, selectmen, assessors, 
school committees and town treasurer, and also of the moderator of 
the meetings, held for the choice of town officers, shall be by written 
ballots ; and the election of all other town officers shall be in such 
mode as the meeting shall determine. 

Sect. 35. Every town, which shall neglect to make choice of 
selectmen or assessors, shall forfeit a sum not exceeding five hundred 
nor less than one hundred dollars, as the county commissioners of the 
county, in which such town is, shall order- 

Sect. 36. Whenever neither the assessors, nor the selectmen, 
chosen by any town, shall accept the trust, or, having accepted it, 
shall not perform the duties thereof, the county commissioners may 
appoint three or more suitable persons within the county, to be asses- 



TITLE VII.] Chap. 15. Sect. 37 — 44. 181 

sors of taxes, for such town ; and the assessors, so appointed, shall 1785, so, §3. 
have the like powers, and be subject to the like duties, and receive 
the like compensation, as assessors chosen by the town. 

Sect. 37. In case of such neglect to choose selectmen or as- if towns nedect 
sessors, the county commissioners may appoint three or more asses- men°&c^ ' 

sors for such town. missioners may 

Sect. 38. The selectmen of each town shall, in the month of ^^°^^^^ to be 
March or April, annually, appoint the following town officers, unless appointed by 
the inhabitants themselves, at their annual meeting, shall choose them, selectmen, 
namely : 

One sealer of weights and measures ; and any other number. Sealer of 
which the inhabitants shall, at their annual meeting, vote to have ap- me'a^sures"'^ 
pointed: 1799, 60, '§4. 

As many measurers of fire-wood and bark, (whose fees shall be Measurers of 
also established by the selectmen,) as the inhabitants shall at their an- wood and bark, 
nual meeting determine : 

The selectmen of every town, which has town scales, for the weigh- H|y weighers, 
ing of hay, shall appoint one or more persons to have the superin- ' 
tendence of the hay scales belonging to their town. 

Sect. 39. After the election or appoinment of any town officers. Town clerks, to 
who are required to take an oath of office, the town clerk shall forth- f'ereons'e^ec'ted 
with make out a list, containing the names of all such officers, as shall that they may 
not have been sworn by the moderator, and a designation of the offi- 1785^7™'^ 2 
ces to which they are chosen, and deliver the same, with his warrant, 
to a constable, requiring him, within three days, to summon each of 
the officers, so chosen, to appear and take the oath of office, before 
the town clerk, within seven days after such notice ; and the consta- 
ble shall, within seven days, make return of the warrant to the town 
clerk. 

Sect. 40. If any person, so chosen and summoned, and not ex- Penalty for not 
empted bylaw from holding the office, to which he is elected, shall taking the oath 
not, within seven days, take the oath of office, before the town clerk, 1785, 75,2. 
he shall, unless the office to which he is chosen shall be that of cons- 
table, or some other for which a different penalty is provided, forfeit 
the sum of five dollars, to the use of the town ; provided, always, 
that every such person, who shall take the oath of office, before a 
justice of the peace, and file a certificate thereof, under the hand of 
such justice, with the town clerk, within the said space of seven days, 
shall be exempted from said penalty. 

Sect. 41. Every person, removing from the town in which he Town offices 
held a town office, shall be deemed thereby to have vacated such moTaf from ^^' 

office. town. 

J Pick 129 

Sect. 42. Whenever there shall be a vacancy in any town of- 1785,75, §4. 
fice, by reason of the non-acceptance, death, removal, insanity, or 7*^m"^K* ™*y 
other disability of any person chosen to office, the town may fill such new choice. ^ 
vacancy, by a new choice at any other legal meeting. '^'^^^> A $ 4. 

Sect. 43. No person shall be obliged to serve in the same town No person to be 
office two years successively. "ioy'elrs su7-^ 

cessively in the 
TOWN CLERK. same office. 

1795, 75, § 3. 

Sect. 44. The town clerk shall record all votes, passed at the ^°]]["e*cord u 
meeting, at which he shall have been elected, and at the other meet- votes, 
ings, held during his continuance in office. ^'^^^> '^^' ^ ^- 



182 



Chap. 15. Sect. 45—53. 



[part I. 



—administer 

oaths and make 

record of their 

administration. 

1785, 75, §§ 2, 

3. 

—shall record 

all births and 

deaths in his 

town. 

1785, 69, § 1. 

Parents and 
others, to give 
notice to town 
clerks of births 
and deaths. 
1795, 69, § 2. 



Sect. 45. The town clerk shall administer the oaths of office to 
all town officers, who shall appear before him for that purpose, and 
he shall make a record thereof, and also of all who shall file certifi- 
cates of their having been so sworn before any justice of the peace. 

Sect. 46. The town clerk shall keep a record of the births and 
deaths of all persons within his town, and coming to his knowledge ; 
and he shall specify in such record the day of each birth and death, 
and the names of the parents of such persons, if known. 

Sect. 47. Parents shall give notice to the clerk of their town 
of all the births and deaths of their children ; and every householder 
shall give the like notice of every birth and death happening in his 
house ; and the eldest person next of kin shall give such notice of 
the death of his kindred ; and the keeper of any alms house, work 
house, house of correction, prison or hospital, and the master or 
other commanding officer of any ship, shall give the like notice of 
every birth and death, happening among the persons under his 
charge ; and every person, neglecting to give such notice, for the 
space of six months, after the birth or death shall have happened, 
shall forfeit to the use of the town a sum not exceeding five dollars. 

Sect. 48. In case there shall be no justice of the peace in the 
may admmister game town, the town clerk may administer the necessary oaths to 

oaths to ap- ^ • i i i • i r i • i- • i 

praisers, &c. any persons, appomted by the judge oi probate, to appraise or divide 
1783, 32, § 14. any j.ga| estate, to set off dower, or to perform any other service, 
respecting the property of persons deceased ; a certificate of which 
oaths shall be returned into the probate office, from which the com- 
mission or warrant issued. 
Town clerk pro Sect. 49. Whenever at any town meeting, there shall be a va- 
chosM?' ^ ^° cancy in the office of town clerk, or the said clerk shall not be pres- 
1829, 54, § 1. ent, the selectmen shall call upon the qualified voters present, to elect 
a town clerk pro tempore, in like manner as town clerks are by law 
chosen ; and the selectmen shall sort and count the votes, and declare 
the election of such clerk, who shall be under oath to discharge all 
the duties of said office at such meeting ; and he shall be subject to 
the like penalties for not discharging them, as town clerks are in the 
like cases. 

Sect. 50. Whenever any other duties, than those mentioned in 
the preceding section, shall be required to be performed by the town 
clerk, and, by reason of death, removal, sickness, or other cause, 
there shall be a vacancy in such office, or such clerk shall be pre- 
vented from performing the duties thereof, the selectmen may ap- 
point, in writing under their hands, a clerk for the performance of 
such duties, who shall be sworn to the faithful discharge of the same. 
Sect. 51. Every clerk, so elected or appointed pro tempore, 
shall, immediately after entering upon the duties of his office, make a 
record of such election or appointment upon the town records. 



Town clerk 



In case of 
death, &c., the 
selectmen may 
appoint a clerk, 
1829, 54 " " 



§2. 



The clerk pro 

tempore, to 

make a record 

of his election, 

&c. 

1829, 54, § 3. 



selectmen. 



Selectmen, to Sect. 52. Thc Selectmen shall be assessors of taxes and over- 
oveTsewTof^e scers of the poor, in towns where other persons shall not be specially 
poor, incase, chosen to tliose officcs, respectively, by the inhabitants. 
1785 50 §2. Sect. 53. When the selectmen shall be assessors, they shall 
1785^ 75' 1 2. take the assessors' oath, as provided in this chapter. 

When selectmen are assessors, to be sworn as such. 1785, 50, § 1. 



TITLE VII.] Chap. 15. Sect. 54—62. 183 

Sect. 54. Every person, elected to the office of selectman of Selectmen to be 
any town, who shall enter upon the performance of the duties of his penlhy^for act- 
office before taking the oath of office, shall forfeit to the use of his ingif not under 
town, a sum not exceeding one hundred dollars for each offence. jg^' jq^ 

ASSESSORS OF TAXES. 

Sect. 55. The assessors' oath of office shall be in substance Assessor's oath. 

r 1, 1785,50, 6 6. 

as toUows : > > v 

You, being chosen assessors, or an assessor, for the town of 

for the year ensuing, do swear, that you will impartially, ac- 
cording to your best skill and judgment, assess and apportion all such 
taxes, as you may, during that time, be directed to assess, and that 
you will faithfully discharge all other duties of said office. 

Sect. 56. In all towns, where assistant assessors are or may be Assistant asses, 
chosen, they shall, in their respective wards or districts, assist the ^°'^^' ^° ^^ 
assessors, in taking a hst of the ratable polls, in estimating the value i809, 127. 
of the real and personal estate, in said wards or districts, and in 
making out lists of persons, qualified to vote at elections in said 
towns ; and they shall be sworn to the faithful discharge of the duties 
of that office. 

Sect. 57. If any assessor, after having notice of his election, Penalty if as- 
shall neglect to take the oath of office, he shall forfeit to the use of ll^^°ll "hf oath 
his town a sum not exceeding fifty dollars, to be recovered by in- of office. 
dictment. 1785, 50,§]. 

TOWN TREASURER. 

Sect. 58. The town treasurer shall receive and take charge of Town treasur- 
all sums of money belonging to his town ; and pay over and account ^'* ^^^^'u ^ 
for the same, according to the order of such town, or the officers ii w. 3. 66. 
thereof duly authorized in that behalf; and he shall give bond, in such [f "mi^^n ^'^°^* 
sum as the selectmen shall require, with sureties to their satisfaction, 
for the faithful discharge of the duties of his office. 

Sect. 59. The treasurers of towns may, in their own names and Town treasurer 
official capacities, prosecute any suits upon bonds, notes, or other b^on"ds"&c" to 
securities, given to them or to their predecessors in office. his predeces- 

Sect. 60. The inhabitants of any town may, at any meeting, ap- \°^^j j^ 
point their treasurer collector of taxes ; and he may then appoint. The treasurer 
under him, such deputies as may be necessary, who shall give such maybecoilec- 
bonds for the faithful discharge of their duty, as the selectmen shall i8i5^ i3o^^§ i. 
think proper ; and the said collector and his deputies shall have the 
same powers, as are vested in collectors of taxes. 

Sect. 61. Any town treasurer, being appointed collector, may His power and 
issue his warrant to the sheriff of the county, or his deputy, or to any f^^^ 
constable of the same town, directing them to distrain the property 1817, 69. 
or take the body of any person, who may be delinquent in the pay- 
ment of taxes, and to proceed therein, in like manner, as collectors 
are required to do, in the like cases, by the provisions of the eighth 
chapter. 

Sect. 62. The treasurers of towns shall prosecute for trespasses. Town treasurer 
committed on any public building; or inclosure, belonging to their '° prosecute for 

, , •' ^ 1 T 1 ■!,• ■ 1 1 L 1 trespasses on 

towns; and when any public buildmg is owned partly by the town public property. 
and partly by the county, such prosecution may be instituted, either ^'^^^' ^^> v 4- 
by the treasurer of the town or of the county, whichever shall first 
prosecute therefor. 



184 



Chap. 15. Sect. 63—75. 



[part 



— to prospcute 
for all forfei- 
tures, except, 

11 Will. 3,66. 

►—to render his 
accounts an- 
nually. 
11 Will. 3, 66. 

His compensa- 

tiou. 

11 Will. 3, 66. 



Penally for re- 
fusing to serve 
as constable. 
1785, 75, § 3. 

If person elect- 
ed constable 
shall not de- 
clare his accept- 
ance, &c., a 
new choice to 
be made. 
1785, 75, § 3. 
[f he refuses to 
take the oath, 
town treasurer 
shall prosecute. 
1785,75, §3. 



Persons exemp- 
ted from being 
constables. 
1785, 75, § 3. 



Constables to 
execute war- 
rants of select- 
men. 

1785, 75, § 2. 
—may serve 
writs in person- 
al actions 
where damages 
do not exceed 

po. 

1795, 41, J 3. 

—may serve 
writs where their 
towns, &c. are 
parties. 
1817, 13. 
— may serve 
writs of replevin 
on sheriffs. 
1780, 26, § 1. 

—may serve 
process in unin- 
corporated pla- 
ces, annexed, 

1830, 127. 
— may convey 
persons Eind 



Sect. 63. The treasurers of tov/ns, in all cases, where no other 
provision is specially made, shall prosecute for all fines and forfeitures, 
which may enure to the use of their towns, or of the poor thereof. 

Sect. 64. Every town treasurer shall annually render a true 
account of all his receipts and payments, and other official doings, to 
the town. 

Sect. 65. The compensation of the town treasurer for his ser- 
vices shall be determined by the town. 

CONSTABLES. 

Sect. 66. Any person, chosen to the office of constable, not 
being exempted from serving therein, and being able in person to ex- 
ecute the same, who shall refuse to take the oath and to serve in such 
office, shall forfeit to the use of the town the sum of twenty dollars. 

SeJct. 67. Every person, chosen to the office of constable, shall, 
if present, forthwith declare his acceptance or refusal of the same ; 
and in case he shall not declare his acceptance, the town shall proceed 
to a new election, until some one shall accept the office and take the 
oath. 

Sect. 68. Any person, who shall be present in town meeting, 
and declare his refusal to serve in the office of constable, or who 
shall neglect, for the space of seven days, after being summoned to 
take the oath of office, and shall not pay the fine aforesaid, shall be 
prosecuted therefor by the treasurer of such town. 

Sect. 69. No person, who is in commission for any office of this 
state or of the United States, or who is a minister of the gospel, or a 
member of the council, senate or house of representatives, or who 
has been a constable or collector of taxes of any town, within seven 
years next preceding, shall be obliged to accept the office of con- 
stable. 

Sect. 70. Constables shall serve all warrants and other process- 
es, lawfully directed to them by the selectmen of their town, for noti- 
fying town meetings or for other purposes. 

Sect. 71. Any constable may serve, within his own town, any 
writ or other process, in any personal action, in which the damages 
shall not be laid at a greater sum than seventy dollars. 

Sect. 72. Any constable may serve any such writ or process, as 
described in the preceding section, and any warrant or other process 
in criminal cases, in which his town, parish, or religious society or 
school district is a party or interested. 

Sect. 73. Constables may also serve writs of replevin, in cases 
where the sheriff or his deputy shall be a party, and in which the value 
of the property, to be replevied, shall not exceed the sum of seventy 
dollars. 

Sect. 74. When any unincorporated place is annexed to any 
town for the purpose of taxation, the constables of such town shall 
have and exercise, in such unincorporated place, the same powers as 
if the same were a part of their town. 

Sect. 75. Every constable may, in the execution of a warrant 



TITLE VII.] Chap. 15. Sect. 76 — 85. Ig5 

or writ duly directed to him, convey, beyond the limits of his own property taken, 
town, as well any prisoners as thines, in his custody under such pro- to the jail, &c. 

' • , , .1 • .• 1 • J •» * .1 • -I outof their 

cess, either to the justice wno issued it, or to the common jail or town. 
house of correction of the county, of which such constable is an in- i'^95, 63, § 4. 
habitant. 

Sect. 76. Constables shall take due notice of, and prosecute for —to complain 
all violations of, the laws respectina; the observance of the Lord's of breaches of 

, 1 c 1 1 p • 111 • certain laws. 

day, and ot the laws to prevent prolane swearing, and the laws against i79i,58, « 12. 

Saminsr. 1798, 33, ^ 2. 

Sect. 77. Any constable, in the execution of his office, may re- _inavcom-' 
quire aid and assistance, in the like cases as sheriffs may, by the pro- mawd aid. 
visions of the fourteenth chapter ; and any person, neglecting or refu- Penalty for re- 
sing to render such aid, shall be subject to the like fine and imprison- 1795^68 6 1 
ment, as for neglecting or refusing to render aid to sheriffs, in the 
cases mentioned in the same chapter. 

COLLECTORS OF TAXES. 

Sect. 78. Any town may choose some suitable persons, to be Constables to be 
collectors of taxes for such town ; and in case the persons so chosen <"o"ectors of 
shall refuse to serve in that office, or if no choice shall be made of &c. 
such officers, the constables of the town shall be the collectors of ^^^^> ™' ^ ^• 
taxes. 

Sect. 79. The collectors of taxes shall make out, and deliver Collectors to 
to the selectmen of their town, accurate hsts of all persons, from certify to seiect- 
whom they shall have received payment of taxes, as provided in the paWtaxesI^* 
third chapter. 

Sect. 80. Every collector shall give bond to the town, in such —to give bond, 
sum as the selectmen shall require, and with sureties to their satisfac- 
tion, for the faithful discharge of the duties of his office. 

SURVEYORS OF HIGHWAYS. 

Sect. 81. If any person, chosen surveyor of highways, shall re- Penalty for re- 
fuse to serve in that office, he shall forfeit, to the use of his town, a f"^'"? to serve 
sum not exceeding ten dollars ; but no person shall be obliged to highways. 
serve in that office oftener than once in three years. ^ '^^^ ^^' § ^• 

Sect. 82. Every surveyor of highways, who shall accept that Penalty on sur- 
trust and neglect the duties of his office, shall forfeit, to the use of k^dt°Jf du^ty.*^^' 
the town, the sum of ten dollars for each neglect. 1786, 8I, ^ 10. 

Sect. 83. Any surveyor of highways may be prosecuted by in- be prosecut'ed^ 
dictment, for any deficiency, in the highways within his limits, occa- for deficiency in 
sioned by his fault or neglect. ceI e7&cf.' '" 

Sect. 84. In case any town shall be sentenced to pay a fine, for ^^^^' ^^' ^ ^^■ 
a deficiency in the highways or town ways within the same, the sur- beSe U)* ^ 
veyor, within whose limits such deficiency may be found, shall be towns for such 
liable to the town, for the amount of such fine and all costs of the case,"&,c.^*' '" 
prosecution, to be recovered by the town in an action of the case, 1786, 81, §11. 
provided such deficiency exist through the fault or neglect of such 
surveyor. 



tythingmen. 
Sect. 85. Every tythineman within his town shall inquire into p»ties of tyth- 

~ . •' •> ° '■ mgmen respect- 



186 



Chap. 16. Sect. 1. 



[part I. 



ing the Lord's and inform of all offences against the provisions of law respecting the 
17^1 TO i\ 10 observance of the Lord's day. 



. 58, § 10, 



Special provi- 
sion respecting 
the municipal 
powers and du- 
ties of the city 
of Boston. 
1821, 110. 



Provisions for 
the district of 
Marshpee. 
1834, 166. 



THE CITY OF BOSTON. 

Sect. 86. The city of Boston shall continue to have and exer- 
cise all the powers and privileges, and be subject to all the duties and 
liabilities, mentioned in the act establishing the city of Boston, and in 
the several acts specially relating to said city. 

THE DISTRICT OF MARSHPEE. 

Sect. 87. All that tract of land in the county of Barnstable, 
known as the plantation of Marshpee, excepting such parts thereof as 
are now for the purpose of taxation or otherwise, annexed to the towns 
of Falmouth and Sandwich, shall continue to be a district, with all 
the powers and privileges, and subject to all the duties and liabilities, 
mentioned in the act establishing the said district, and any acts speci- 
ally relating to the same. 



CHAPTER 16. 



OF WORK HOUSES IN TOWNS. 



Section 

1. Towns may provide work houses — 
persons who may be committed thereto 

2. Directors, masters, &c., of work hous- 
es. 

3. Overseers of poor to be directors, in 
case. 

4. Meeting's of directors. 

5. Towns may join in providing a work 
house in common. 

6. Joint board of directors of such houses. 

7. Each town, to choose three of the di- 
rectors. 

8. If any town neglects to choose direc- 
tors, the others to take the whole charge. 

9. Quarterly and other meetmgs of the 
directors. 

10. Board may choose moderator and clerk. 

11. " may make by-laws, &c. 

12. " may allow compensation to the 

master and assistants. 

13. Compensation to master, &c., to be 
paid by the towns interested. 



Section 

14. Remedy against towns neglecting to 
pay. 

15. Towiis not to send more than their pro- 
portion, in case. 

16. Any town refusing to contribute to ex- 
penses, shall not use the work house. 

17. Each town may furnish materials, &c., 
for the persons committed by its"authori- 

ty- 

18. Masters to keep a register of persons 
committed, &c. 

19. Controversies between the master and 
the overseers, how determined. 

20. How persons duly committed may be 
discharged. 

21. Persons committed, to be employed— 
discipline. 

22. Provision respecting foreigners com- 
mitted. 

23. Profits and earnings, how to be appro- 
priated. 

24. Work houses may be discontinued. 

25. Construction of this chapter. 



Towms may 
provide work 
houses. Per- 
sons, who may 
be committed 
thereto. 



Section 1. Any town may erect or provide a work house, for 
the employment and support of the following description of persons, 
that is to say ; all poor and indigent persons that are maintained by, 



TITLE VII.] Chap. 16. Sect. 2 — 9. 187 

or receive alms from the town ; all persons, who, being able of body 1T88, 30, § 7. 
to work, and not having estate or means otherwise to maintain them- 
selves, refuse or neglect to work ; all persons, who live a dissolute, 
vagrant life, and exercise no ordinary calling or lawful business ; and 
all such persons, as spend their time and property in public houses, 
to the neglect of their proper business, or, by otherwise mispend- 
ing what they earn, to the empoverishment of themselves and their 
families, are likely to become chargeable to the town or to the 
Commonwealth. 

Sect. 2. Every town, which has provided, or shall provide, a Directors of 
work house, may, at their annual meeting, choose three, five, seven, ^°''^ house, 
or more directors of such work house, who shall have the inspection 1788, 30, § 1. 
and government thereof, with power to appoint a master and all ne- 
cessaiy assistants, for the more immediate care and superintendence 
of the persons received or employed therein. 

Sect. 3. In all towns, where such directors of the work house Overseers of 
shall not be specially chosen, the overseers of the poor shall be the rectors in case. 
directors thereof. 

Sect. 4. The said directors, once in every month, and at other Meetings of 
times, as occasion may require, shall hold meetings, for the purpose 1788 30 & 1. 
of determining the most eligible mode of discharging the duties of 
their office ; and, at their monthly meetings, they may make all need- 
ful orders and regulations, for the house under their charge ; and such 
orders and regulations shall be binding until the next town meeting, 
and shall be submitted to such meeting, for the consideration of the 
inhabitants, and, if approved by them, the said orders shall remain in 
force until revoked by the town. 

Sect. 5. Any number of towns, that shall so agree, may, at Tp^smay. 
their joint charge and for their common use, erect or provide a i°wo"k'house"in 
work house, for the purposes before mentioned in this chapter, and common, 
may purchase land for the use of such house. ' ' ^ ' 

Sect. 6. The orderine, siovernins;, and repairing of any work Joint board of 

, , J • 1 J r .u • • . F. directors of 

house, erected or provided at the jomt expense ol two or more such houses. 
towns, and the appointing of a master and necessary assistants, as 1788, 30, § 2. 
well as the power of removing them from their respective offices and 
trusts for misconduct, incapacity, or other sufficient cause, shall be 
vested in a joint board of directors, who shall, from year to year, be 
specially chosen by the several towns, at their annual meeting. 

Sect. 7. Each of the towns, jointly interested in any work Each town to 
house, shall choose three members of the board of directors, provid- [h^eXectcTrs." 
ed for in the preceding section, unless all the towns so interested 1788, 30, § 2. 
shall agree to choose a different number ; and, in case of the death 
of any such director, or of his removal from the town for which he 
was chosen, the vacancy may be supplied by such town at any legal 
meeting. 

Sect. 8. If any of the towns, jointly interested in any work If any tow-nneg- 
house, shall neglect to choose their directors for said board, the di- direct°ors'°the^ 
rectors, chosen by the other towns interested therein, shall have the others to take 
whole charge of said house. _ _ mtao^lt 

Sect. 9. There shall be stated quarterly meetings of said joint Quarterly and 
board of directors, on the first Tuesday of the months of January, other meetings 
April, July, and October, to be held at the work house under their ms^so^'^fs!^' 
charge, for the purpose of inspecting the management and directing 



188 



Chap. 16. Sect. 10—17. 



[part I. 



Board may 
choose modera- 
tor and clerk. 
1788, 30, § 3. 



— may make 
by-laws, &c. 
1788, 30, § 4. 



— may allow 
compensation to 
the master and 
assistants. 
1783, 30, $ 4. 



Compensation 
to master, &c., 
to be paid by 
the towns in- 
terested. 
1788, 30, § 5. 



Remedy 
against towns 
neglecting to 

pay- 

1788, 30, § 5. 



Towns not to 
send more than 
their proportion, 
in case. 
1788, 30, § 6. 



Any town re- 
fusing to con- 
tribute to ex- 
penses, shall 
not use the 
house. 
1788, 30, § 8. 



Each town may 
furnish materi- 
als, &c., for the 
persons com- 
mitted by its 
authority. 



the business thereof ; and meetings of the board may be called at any 
other time, by the overseers of the poor of any town interested in 
such house ; they giving notice of the time and occasion thereof to 
the other members of the board, in such manner as shall have been 
agreed upon, at any stated meeting thereof. 

Sect. 10. The said joint board of directors, when duly assem- 
bled, may choose a moderator ; and, at their first general meeting, 
after their election, they shall appoint a clerk, who shall be sworn to 
the faithful discharge of his trust, and shall record all votes and orders 
of the said board. 

Sect. 11. The said joint board of directors, at any general 
quarterly meeting, provided one half at least of all the members are 
present, shall have authority to make all reasonable orders and by- 
laws, not repugnant to the laws of the Commonwealth, for the order- 
ing and regulating the work house under their charge. 

Sect. 12. The said joint board of directors may also, at any 
such quarterly meeting, agree with the master and assistants, and 
order a suitable compensation for their services ; but all other mat- 
ters, relating to any such work house, may be acted upon at any 
other meeting duly notified, provided one third of the whole number 
of the board are present ; the doings of such last mentioned meet- 
ings being subject, however, to be altered or revised at any general 
stated meeting. 

Sect. 13. The yearly compensation of the master and assist- 
ants in any work house, jointly provided as aforesaid, (in addition to 
the allowance hereafter provided in this chapter for their services,) 
and also the expense of keeping the house in repair, shall be paid by 
the several towns interested, in proportion to their state tax, at the 
time when the expense may have been incurred, or in such other 
proportion, as all the towns interested shall agree upon. 

Sect. 14. If any town shall refuse or neglect to advance or re- 
imburse its proportion of the sums of money, mentioned in the pre- 
ceding section, or of any other charges mentioned in this chapter, 
after the same shall have been adjusted by the joint board of direc- 
tors, the same may be recovered of such delinquent town, in an ac- 
tion to be brought by any person, whom the said board shall in 
writing appoint for that purpose. 

Sect. 15. No greater number of persons, belonging to any 
town, shall be received into a work house, jointly provided as afore- 
said, than such town's proportion of such house, when the receiving 
of them will exclude or be inconvenient to such as belong to the 
other towns interested. 

Sect. 16. If any town, jointly interested in any work house, 
shall refuse or neglect to provide its proportion of the necessary ex- 
penses of such house, or of the materials, implements, or other 
means of performing the work there required, according to its agree- 
ment, or to the directions of the said joint board of directors, such 
town shall be deprived of the privilege of sending any person thither, 
for so long time as it shall neglect or refuse to make such provision. 

Sect. 17. In addition to the proportion of expenses and other 
things, mentioned in the preceding section, to be furnished jointly by 
any towns, each of such towns may furnish such other materials, and 
implements and means of work, as the overseers of the poor of such 



TITLE VII.] Chap. 16. Sect. 18 — 25. jgg 

town may choose, for the employment of any person committed to 1788, so, § 9. 
such house ; and the master of the house shall receive such mate- 
rials, implements and means of work, and keep them separate from 
those of the other towns, and shall be accountable to each town in- 
terested, as well for the cost, as for all profits and earnings, made by 
the labor of the persons committed to said house. 

Sect. 18. The master of each work house shall keep a register Masters, to keep 
of the names of the persons committed, and of the towns to which ^^^^^ter of 
they belong, with the time of their being received and discharged, m*ittrd,^&c!"' 
and of their earnings respectively, to be submitted to the overseers ^^^^' ^^' ^ ^• 
of the poor of said towns, when they shall request it. 

Sect. 19. All controversies, between the masters of each work Controversies 
house and the overseers of the poor of any town, respecting the ac- between the 
counts or other official doings of the masters, shall be determined by were^ir" hovv 
the directors of the heuse, at their general or quarterly meeting. determined. 

Sect. 20. No person duly committed to the work house shall, ' ' ^ 
within the time for which he was committed, be discharged, except d!i°7 committed 
by the police court, or the justice who made the commitment, or by may be dis- 
the directors of the house, at their general or quarterly meeting, or nss^lo s 10 
by the court of common pleas, at any term held in the county where 
such house is, for good cause shown, upon application for that 
purpose. 

Sect. 21. Every person, committed to any work house, shall, if Persons com- 
able to work, be kept diligently employed in labor, during the term of JTepTlmployed. 
his commitment ; and, in case he shall be idle and not perform such Discipline, 
reasonable task, or stint, as maybe assigned, or shall be stubborn i"^^^? ^o, § 10. 
and disorderly, shall be punished, according to the orders and regula- 
tions established by the directors of such house. 

Sect. 22. When any foreigner, or other person, not having his Provisions 
legal settlement in any town in this state, shall become idle or indi- foy^t^i""f 
gent, he may be committed to the work house, provided for the use committed. 
of such town, to be there employed, if able to labor, in the same ^~^^' ^^' ^' ^^' 
manner, and subject to the same rules, as the other persons there 
committed ; and the master of said house shall keep a true account 
of the charge of supporting such person, and shall exhibit the same, 
once in every year, to the general court, for allowance and payment ; 
credit being therein given for the amount of such person's earnings. 

Sect. 2.3. Of the profits and earnings, arising from the work of Profits and 
persons committed to any work house, one third part shall be appro- fo^bTfppm-^ 
priated to the support of the master, in addition to such annual salary priated. 
as the directors of the house may think fit to allow him ; and the ^^^^' ^' ^ ^^' 
other two thirds, together with the stock remaining on hand, shall be 
disposed of as the overseers of the poor of the several towns shall 
think proper, either to the use of their towns, or of the persons com- 
mitted, or their families. 

Sect. 24. Any work house may be discontinued, or may be ap- Workhouses 
propriated to any other use, whenever the town or towns interested maybedis- 
shall decide that it is expedient, and shall determine so to do. 

Sect. 25. Nothing contained in this chapter shall be construed Construction of 
to affect any powers and privileges, heretofore granted to any towns, ""^ chaptei 
or the overseers of the poor thereof, by any act specially relating to 
work houses erected in such towns. 



190 



Chap. 17. Sect. 1 — 4. 



[part I. 



CHAPTER 17. 



OF KEEPING WATCH AND WARD IN TOWNS. 



Persons who 
shall be liable 
to watch, &c. 



Persons ex- 
empted. 
1796, 82, § 1. 



Selectmen to 
order a watch, 
unless, &c. 
1796, 82, § 2. 



Power and du- 
ties of watch- 
men. 

1796, 82, § 2 



Section 

1. Persons who shall be liable to watch, 

&c. 

2. " exempted. 

3. Selectmen, to order a watch, unless, 
&c. 

4. Power and duties of watchmen. 

5. Watchmen, to walk the rounds. 

6. Constable, to carry his badge of office. 

7. Expense of watch, otherwise kept, to 
be defrayed by towns. 



Sectioit 

8. Towns may determine number, qualifi- 
cations, &c., of watch. 

9. Pencilty for refusing to watch. 

10. " for neglect in tlie officer of the 
watch. 

When the selectmen, &c. inspect, &c., 
they may require attendance of watch- 
men, &c. 



11. 



Section 1. Every male person of the age of eighteen years or 
upwards, being able of body, or having estate sufficient to hire a sub- 
stitute, and who is not exempted by the provisions of the following 
section, shall, when duly warned, be liable to watch and ward in his 
town, either personally or by a sufficient substitute. 

Sect. 2. The justices of the peace, the selectmen of the town, 
the sheriff of the county, the setded ministers of the gospel in the 
town, and all persons living more than two miles from the place, 
vi^here the watch or ward is kept, shall be exempted from the duties 
required by the preceding section. 

Sect. 3. When a military watch shall not be appointed to be 
kept, the selectmen of each town shall have power, from time to time, 
to order a suitable watch to be kept nightly, within their town, from 
such hour in the evening as they shall appoint, until sun rising in the 
morning ; and also a guard to be kept in the day time and evening, 
when they shall think such watch or guard necessary ; and they may 
direct the number of persons, of which the watch or guard shall con- 
sist, the places and the hours for keeping the same ; and they may 
give orders in writing, accordingly, directed to any constable of the 
town, requiring him from time to time to warn such watch or guard, 
and to see that all persons so warned do attend, and perform their du- 
ty in such manner as shall be required ; and in the warning thereof, 
care shall be taken, b}-^ the said selectmen, that some able household- 
ers, or other sufficient persons, be joined in each watch or guard. 

Sect. 4. The constable or selectmen shall charge the watch to 
see that all disturbances and disorders in the night be prevented and 
suppressed ; and, for that purpose, the watch shall have autliority to 
examine all persons, whom they shall see walking abroad in the night 
after ten o'clock, and whom they shall have reason to suspect of any 
unlawful design, and to demand of them their business abroad at such 
time, and whither they are going ; to enter any houses of ill fame, for 
the purpose of suppressing any riot or disturbance therein, and to ar- 
rest any persons there found, making or aiding and abetting in such 
riot or disturbance ; and all persons, so walking abroad and suspect- 
ed of any unlawful design, as aforesaid, who shall not give a satisfac- 



TITLE VII.] Chap. 17. Sect. 5 — 11. 



191 



tory account of their so being abroad, and of their business, and all 
persons, so arrested in such houses of ill fame, shall be secured by- 
imprisonment or otherwise, to be safely kept until the next morning, 
and shall then be taken before one of the nearest justices of the peace, 
to be examined and proceeded against, according to the nature of 
their offences. 

Sect. 5. The watchmen shall walk the rounds, in and about the Watchmen to 
streets, wharves, lanes and principal inhabited parts, within each town, 1^6*82X2°*^^ 
to prevent any danger by fire, and to see that good order is kept ; 
taking particular observation and inspection of all houses and families 
of evil fame ; and they shall in all things strictly observe the charge 
given them as aforesaid. 

Sect. 6. Each constable, when attending watch or guard, shall Constable, to 
caiTy with him the usual badge of his office. ofo^ce! ^ ^^ 

Sect. 7. When the inhabitants of any town shall determine that 1796, 82, §2. 
a watch shall be kept in any other manner, than is provided in this watd"^other- 
chapter, the expense thereof shall be defrayed in like manner as other ^'i^e kept, to be 

^1 "^ defrayed by 

town charges. towns. ^ 

Sect. 8. Whenever any watch shall be established, according to 1796,82,^3. 
the provisions of the preceding section, the town shall determine the termhiVnum- *'" 
number and qualifications of the persons to be employed for that ber, quaiifica- 
purpose ; and the selectmen shall appoint a suitable person, to be the wa"ch. '^ ° 
officer of the watch ; and every watchman shall be equipped in such 1796, 82. 
manner, as the selectmen of the several towns shall determine ; and ' 
the powers and duties of the said officers and watchmen shall be the 
same, as are before prescribed in the case of a constable's watch. 

Sect. 9. If any person, liable to watch and ward, being duly Penalty for re- 
warned by the officer of the watch, or the constable, or by any per- 
son appointed by such officer or constable, shall refuse or neglect to 
appear and perform his duty, either by himself or by a sufficient sub- 
stitute, without a just and reasonable excuse for the same, he shall 
forfeit, for each offence, a sum not less than two nor more than five 
dollars, to the use of the town. 

Sect. 10. If any constable or officer of the watch shall neglect —for neglect in 
or refuse to observe and execute the orders given him, he shall for- [{jg watd!. °*^ 
feit a sum not exceeding ten dollars, to the use of the town. 1796, 82, § 5. 

Sect. 11. When the said selectmen shall think fit to walk by When select- 
night, to inspect the order of the town wherein they dwell, such of Jhe" mly^re- " 
said constables and watchmen, as they shall require, shall attend them, quire attend- 
and shall obey their lawful commands. ^^^ ^c^^"^ ' 

1796, 82,' §5. 



fosing to watch. 
1796, 82, § 5. 



CHAPTER 18. 

OF SECURING TOWNS AGAINST FIRES ; AND THE APPOINTJMENT OF 
FIREWARDS AND ENGINEMEN. 



Section 

extinguishment of fires. 
1 . Firewards to be chosen at the annual 
meetinff. 



Section 

2. Penalty for not accepting or refusing. 

3. Firewards shall attend at fires. 

4. " selectmen, «&c., may order 



192 



Chap. 18. Sect. 1—6. 



[part I. 



Section 

buildings to be pulled down, 
&c. 

5. Firewards, selectmen &c., may com- 

mand assistance. 

6. " selectmen, &;c., may give 

orders to enginemen and 
others, &c. 

7. Owners of buildings pulled down, to be 
indemnified, except, &c. 

8. Embezzling, &c., of property, at a fire, 
to be deemed larceny. 

ENGINEMEN. 

9. Selectmen, to appoint enginemen. 

10. Number of enginemen to each engine. 

11. Axe-men, &c., to be appointed. 

12. Annual meeting of enginemen in May 
—rules may be made and penalties an- 
nexed. 

13. Meetings of engine companies. 



Section 

14. Selectmen to appoint enginemen to pri- 
vate engines. 

15. If selectmen refuse to appoint engine- 
men, commissioners may appoint. 

16. Enginemen, to live near the engines. 

17. •' exempted from certain du- 

ties. 

18. If enginemen are remiss, they may be 
discharged. 

19. Enginemen, who have served one year, 
to have an allowance equal to their poll 
tax. 

20. Chief engineer, &c., to certify to asses- 
sors — assessors shall examine and cer- 
tify lists — treasurers shall pay — remed}'. 

21. Penalty for refusing certificate, &c., or 
making a false one. 

22. The three preceding sections, not to 
apply, unless adopted by towns. 

23. Penalty for injuring fire engines. 



Firewards,to be 
chosen at the 
annual meeting. 
1796, 88, § 1. 
Penalty for not 
accepting or re- 
fusing. 
1796, 88, §1. 



Firewards, shall 
attend at fires. 
1796, 88, § 2. 

Firewards, se- 
lectmen, &c., 
may order 
buildings to be 
pulled down, 
&c. 
1796, 88, § 2. 



Firewards, se- 
lectmen, &c., 
may command 
assistance. 
1796,88, §2. 



Firewards, se- 
lectmen, &.C., 



EXTINGUISHMENT OF FIRES. 

Section 1. The inhabitants of each town, at their annual meet- 
ing, may elect such a number of suitable persons, to be firewards 
therein, as shall be deemed necessary. 

Sect. 2. Each person so elected shall have notice thereof forth- 
with, and shall, within three days after such notice, enter with the 
town clerk his acceptance or refusal of the said office ; and if any 
person, after such notice, shall neglect to enter his acceptance or 
refusal as aforesaid, he shall, unless excused by the town, forfeit 
the sum of ten dollars, and the town may elect another in his 
place. 

Sect. 3. When a fire shall break out in any town, it shall be the 
duty of the firewards immediately to repair to the place of such fire, 
and to carry with them a suitable staff or badge of their office. 

Sect. 4. The firewards, who shall be present at the place in 
immediate danger from any fire, or any three of them, and, where no 
firewards are appointed, the selectmen present, or in their absence, 
two or more of the civil officers present, or, in their absence, two 
or more of the chief military officers of said town present, shall have 
power, to direct the pulling down or demolishing of any such house 
or building, as they shall judge necessary to be pulled down or de- 
molished, in order to prevent the further spreading of the fire. 

Sect. 5. During the continuance of any fire, the said firewards 
or other officers, respectively, may require assistance for extinguish- 
ing the same, and for removing any furniture, goods or merchandize 
from any building on fire or in danger thereof ; and may appoint 
guards to secure the same ; and may also require assistance, for 
pulling down or demolishing any house or building, when they shall 
judge it necessary ; and may suppress all tumults and disorders at such 
fire. 

Sect. 6. The said firewards, selectmen, or other officers, shall 
have authority to direct and appoint the stations and operations of the 
enginemen, with their engines, and of all other persons, for the pur- 



TITLE VII.] Chap. 18. Sect. 7—13. 193 

pose of extinguishing the fire ; and if any person shall refuse or neg- may give orders 
lect to obey any such orders, he shall forfeit, for each offence, a sum ^d"Jh"^rT^&c 
not exceeding ten dollars. 1796, 88, § 2. 

Sect. 7. In case the pulling down or demolishing of any house Owners of 
or building, by directions of the firewards or other officers aforesaid, ^"jl'^j"!^' '^*''t 
shall be the means of stopping the said fire ; or if the fire shall stop be indemnified, 
before it come to the same, then every owner of such house or build- 1795^08*^^*3 
ing shall be entitled to recover a reasonable compensation therefor ' ' 
from the town ; but when the building, so pulled down or demolished, 
shall be that in which the fire first began and broke out, the owner 
thereof shall receive no compensation therefor. 

Sect. 8. In any such case of fire, if any person shall purloin. Embezzling, 
embezzle, convey away, or conceal any furniture, goods or chattels, ^'^v of woper- 
merchandize or effects of the inhabitants, whose houses or buildings be deemed ' 
shall be on fire or endangered thereby, and shall not, within two days, l^'gl^^o ? 4 
restore or give notice thereof to the owner, if known, or, if unknown, 
to one of the firewards or selectmen of the town, the person so of- 
fending shall be deemed guilty of larceny and be punished therefor, 
as is provided in such case in the one hundred and twenty sixth 
chapter. 

ENGINEMEN. 

Sect. 9. The selectmen of such towns, as are or may be pro- Selectmen, to 
vided with one or more fire engines, shall, if they judge it expedient, ^PP°'°' ^^ff"*^- 
appoint a number of suitable persons, as provided in this chapter, for 1785, 42, $ 1. 
enginemen ; who shall continue in said office during the pleasure of ^^^^ ^^^ 
the selectmen. 

Sect. 10. The public fire engines in the several towns shall be Numberof 
manned by the number of persons and in the manner here following : ea^"enrine° 
to each common fire engine, there shall be appointed a number not 1834, 5§. 
exceeding thirty men ; and to each hydraulion, or suction fire engine, a 
number not exceeding forty five men ; and whenever said suction en- 
gines shall be suffered to go out of repair, and be used as common 
engines only, the said number of forty five men shall be reduced to 
the number of thirty ; but this provision shall not affect the right, now 
existing in any city or town, to have a greater number of enginemen 
appointed, than is herein prescribed. 

Sect. 11. The selectmen may, in their discretion, select from Axe-men, &c^ 
the enginemen, any number for each engine in their respective towns, i805^8T°§'3^ " 
whose duty it shall be, under the direction of the firewards, to attend 
fires with axes, fire-hooks, fire-sails and ladders, and to do such fur- 
ther duty, as the said selectmen shall from time to time prescribe ; 
and they shall be en tided to all the exemptions and privileges contain- 
ed in this chapter. 

Sect. 12. The enginemen of each engine shall meet in the Annual meetmg 
month of May annually ; and, at such meeting, shall choose a foreman, ?, May°^™^° 
or director, and a clerk of the said engine, and establish such rules and Rules may be 
regulations, respecting their duty as enginemen, as shall be approved Sties Mnexed?' 
by the selectmen, and shall not be repugnant to the laws of the Com- 1785,42, § I. 
monwealth ; and they shall annex penalties thereto, not exceeding ten 
dollars, which may be recovered by the clerk of said enginemen. 

Sect. 13. The respective companies of enginemen, nominated Meetmgsof en. 
and appointed as aforesaid, shall meet together once a month, and of- 1785, 42, §2. 
25 



194 Chap. 18. Sect. 14—20. [part i. 

tener, if necessary, for the purpose of examining the state of the en- 
gine, to which they belong, and the appendages of the same, and to 
see that the said engine is in good repair, and ready for use ; and the 
said enginemen shall, by night and by day, under the direction of the 
firewards, use their best endeavors to extinguish, without delay, any 
fire, that may happen in the same town or the vicinity thereof. 
Selectmen to Sect. 14. Whenever the proprietors of any engine shall apply 

appoint engine- to the selectmen of a town, in which the said engine is owned, set- 
enrines.^"^^'* ting forth that they are desirous that the same should be employed for 
1783, 42, § 3. the benefit of the town, the selectmen may appoint enginemen in the 
same manner, with the same privileges, and subject to the same reg- 
ulations, as in the case of engines belonging to the town ; and in 
case the said proprietors shall not agree upon the place, in which such 
engine shall be kept, such place shall be determined by the select- 
men. 
If selectmen re- Sect. 15. If the selectmen, when applied to as provided in the 
fuse, commis- preceding section, shall refuse or delay, for the space of fourteen 

sioners may ap- K. o.'. - y'. i-j 

point. days, to appoint enginemen tor any such engine, the said proprietors 

1824, 120, § 1. j^gy apply therefor in writing to the county commissioners of their 
county ; giving notice in writing to said selectmen, seven days at 
least before the sitting of said commissioners, that the aforesaid select- 
men may appear and show cause, if any they have, why said engine- 
men should not be appointed ; and if sufficient cause should not be 
shown by said selectmen, the said commissioners may appoint such a 
number of enginemen, as is directed in this chapter, for each public 
engine. 
Enginemen, to Sect. 16. The enginemen, appointed as provided in the two 
live near the preceding sections, shall, if such can be obtained, be persons, who 
1824, 120, § 2. live at or near the place where the engine is kept ; and said engine- 
men shall enjoy all the privileges and exemptions, to which other en- 
ginemen are, or may hereafter be, by law entitled. 
Enginemen ex- Sect. 17. All enginemen shall be exempted from ordinary mili- 
certkL duties, tary duty, and from serving, as jurors or constables, during the time 
1785,4^ §4- ii they may be employed In the service aforesaid. 
I809'i08, §2. Sect. 18. If any engineman shall, In the opinion of the select- 
If enginemen men, be negligent In the duties required of him, the selectmen shall, 
may bedis- ^^ upon sufficient evidence thereof, discharge him and appoint another 
charged. engineman in his stead. 

Enginemen who Sect. 19. All pcrsons duly appointed enginemen for any fire 
have served one engine, and all persons, duly appointed members of the fire depart- 
sd^owance^equal nient established in any town, and who shall have done duty as such, 
to their poll tax. for the space of one year preceding the first day of May, in each year, 
' ' ^ ■ shall be entitled to receive, from the treasurers of their respective 
towns, a sum equal to the poll tax to the state, county and towns (ex- 
clusive of highway taxes), which may have been paid by such per- 
sons, or by their parents, masters, or guardians. 
Chief engineer Sect. 20. The chief engineer, or the officer, who holds by law 
&c. to certify to the first officc In any fire department, established as aforesaid, and the 
assessors. foreman or commanding officer of each fire engine, in any town, 

where no fire department Is established by law, on or before the first 
day of May, In each year, shall make out and certify, to the asses- 
sors of their respective towns, a list of all persons in their department 



TITLE VII.] Chap. 18. Sect. 21 — 23. 



195 



Remedy. 
1834, 50, § 2. 



and companies respectively, who, through the year preceding, have Assessoss shall 
performed all the duties therein required by law ; and the assessors certHV Hs^ts.'* 
shall, within ten days thereafter, examine said lists, and certify to the 
treasurers of tlieir respective towns the amount to be paid to each Treasurers shall 
person named therein ; and the said treasurers shall, after de- P^^" 
ducting all taxes due from the persons so named, pay the same to 
them, or, if minors, to their parents, masters, or guardians ; and, 
upon refusal of the treasurer to pay, the persons entitled may seve- 
rally have an action for money had and received, to recover the 
same from such towns ; but no town shall be liable as aforesaid, un- 
less the list above prescribed shall have been duly certified and re- 
turned to the assessors of such town, in the manner aforesaid. 

Sect. 21. If any chief engineer or other officer, required to Penalty for re- 
make a certificate to the assessors, as provided in the preceding sec- cTte^&c.^or" 
tion, shall wilfully refuse to make such certificate, he shall forfeit, to making a false 
the use of each person, whose name ought to have been so certified, jg|^ so §3 
a sum not exceeding five dollars ; and if such engineer or other offi- 
cer shall make a false certificate in such case, he shall forfeit to the 
use of the town a sum not exceeding fifty dollars nor less than twenty 
dollars. 

Sect. 22. The provisions of the three preceding sections shall The three pre- 
not take effect in any town or city, until the same shall be adopted not?o^apply°"*' 
and approved by the town, at their annual town meeting, or by the unless adopted 
city council of such city ; and when such approval shall be revoked y*°^^^- 
by the town, at any annual meeting, or by the said city council, the 
said provisions shall cease to have eiFect in such town or city, respec- 
tively. 

Sect. 23. If any person shall wantonly or maliciously break or Penalty for in- 
injure any fire engine, or the apparatus thereto belonging, he shall be juring fire en- 
punished by a fine not exceeding five hundred dollars, or by impris- f80l,29. 
onment not exceeding two years, and be further ordered to recog- 
nize, with sufficient surety or sureties, for his good behavior, during 
such term of time as the court shall order. 



CHAPTER 19. 

OF FENCES, AND FENCE VIE^VERS ; OF POUNDS, AND THE IMPOUNDING 
OF CATTLE] AND OF FIELD DRIVERS. 



Section 

FENCES. 

1. What shall be a legal fence. 

2. Adjoining occupants shall maintain par- 
tition fences equally. 

3. Proceedings when a party neglects, 
&c. 

4. Remedy against adjoining owner, &c., 
for repjuring, &c., his deficient fence. 



Section 

5. Controversies between parties about 
repairing, &c., how determined. 

6. Double damages, in case, &c. 

7. Fence viewers may order compensation 
for repairing more than a just share. 

8. Partition fences, how to be kept. 

9. " " how and where made, 
when lands are bounded by water. 



196 



Chap. 19. Sect. 1—5. 



[part I. 



Section 

10. Where lands have been improved with- 
out partition fences, a division may be 
made. 

11. When one party lays open enclosed 
lands, the other may purchase a right 
in partition fence. 

12. Where unimproved lands are after- 
wards enclosed, &c., the party benefit- 
ted shall pay, &c. 

13. Fence viewers, whence taken, when 
partition fences are on town lines. 

14. Wliere a water fence shall be necessary, 
how made. 

15. All fences to be maintained according 
to agreements of parties or assignments 
of fence-viewers, but one party may 
lay his lands common by giving notice. 



Section 

fence viewers. 

16. Fence viewers, to be chosen by towns. 

17. Penalty for fence viewers' neglect of 
duty. 

18. Fees offence viewers— how recovered. 

POUNDS, AND IMPOUNDING OF CATTLE J 
FIELD DRIVERS. 

19. Pounds, to be provided by each town. 

20. Penalty for neglect. 

21. Pound keeper to be appointed. 

22. Field drivers duty, to take up cattle, 
&c. — when cattle go at large on the 
Lord's day, &c. 

23. Rams and he goats, when not to go at 
large. 

24. Penalty for injuring pounds. 



What shall be a 
legal fence. 
1785, 62, § 2. 



Adjoining occu- 
pants shall main- 
tain partition 
fences equally. 
1785. 52, § 2. 

Proceedings 
when a party 
neglects, &c. 
1785, 52, § 2. 



Remedy against 
adjoining own- 
er, &c. for re- 
pairing, &c. his 
deficient fence. 
1785,52,^3. 
6 Mass. 95. 
6 Pick. 503. 



Controversies 
between parties 
about repairmg, 
&c. how deter- 
mined. 



FENCES. 

Section 1. All fences, four feet high and in good repair, con- 
sisting of rails, timber, boards, or stone walls, and all brooks, rivers, 
ponds, creeks, ditches and hedges, or other things which shall be 
considered equivalent thereto, in the judgment of the fence viewers, 
within whose jurisdiction the same shall lie, shall be deemed legal and 
sufficient fences. 

Sect. 2. The respective occupants of lands, enclosed with fen- 
ces, shall keep up and maintain partition fences, between their own 
and the next adjoining enclosures, in equal shares, so long as both 
parties continue to improve the same. 

Sect. 3. In case any party shall neglect or refuse to repair or 
rebuild any partition fence, which, of right, he ought to maintain, the 
aggrieved party may complain to two or more fence viewers of such 
town, who, after due notice to each party, shall proceed to survey 
the same, and if they shall determine that the fence is insufficient, they 
shall signify the same, in writing, to the delinquent occupant of the 
land, and direct him to repair or rebuild the same, within such time 
as they shall judge reasonable, not exceeding fifteen days ; and if the 
fence shall not be repaired or rebuilt accordingly, it shall be lawful 
for the complainant to make or repair the deficient fence. 

Sect. 4. When any deficient fence, built up or repaired by any 
complainant, as provided in the preceding section, shall be adjudged 
sufficient, by two or more of the fence viewers, and the value there- 
of, together with their fees, ascertained by a certificate under their 
hands, the complainant shall have a right to demand, either of the oc- 
cupant or owner of the land, where the fence was deficient, double 
the sum so ascertained ; and in case of neglect or refusal to pay the 
sum so due, for one month after demand made, the complainant may 
recover the same, with interest at one per cent, a month, in an action 
for money laid out and expended. 

Sect. 5. When any controversy shall arise, about the rights of 
the respective occupants in partition fences, and their obligation to 
maintain the same, either party may apply to two or more fence 
viewers of the town where the lands lie, who, after due notice to each 
party, may in writing assign to each his share thereof, and direct 



TITLE VII.] Chap. 19. Sect. 6 — 10. 197 

the time within which each party shall erect or repair his share of the 
fence, in the manner before provided ; which assignment, being re- 
corded in the town clerk's office, shall be binding upon the parties, 
and upon all the succeeding occupants of the lands ; and they shall be 
obliged always thereafter to maintain their respective parts of said fence. 

Sect. 6. In case any party shall refuse or neglect to erect and Double dama- 
maintain the part of any fence, assigned to him by the fence viewers, f^QQ^^l^fi^''' 
the same may be erected and maintained by any aggrieved party, in 
the manner before provided ; and he shall be entitled to double the 
value thereof, ascertained in manner aforesaid, and to be recovered in 
like manner. 

Sect. 7. When, in any controversy, that shall arise between ad- Fence viewers 
joining occupants, as to their respective rights in any partition fence, pen^at^o^for'"' 
it shall appear to the fence viewers, that either of the occupants had, repairing more 
before any complaint made to them, voluntarily erected the whole ghare^^"^' 
fence, or more than his just share of the same, or otherwise become 
proprietor thereof, the other occupant shall pay, for so much as may 
be assigned to him to repair or maintain, the value thereof to be 
ascertained and recovered in the manner provided in this chapter. 

Sect. 8. All partition fences shall be kept in good repair Partition 
throughout the year, unless the occupants of the lands on both sides be"kept'^°^ *° 
shall otherwise agree. 1785, 62, § 3. 

Sect. 9. When lands of different persons, which are required to —how and 
be fenced, are bounded upon or divided from each other, by any when^i^ds^are 
river, brook, pond or creek, which, of itself, in the judgment of the bounded by 
fence viewers, is not a sufficient fence, and it is in their opinion im- J^s^^'sg ^4 
practicable, without unreasonable expense, for the partition fence to 
be made in such waters, in the place where the true boundary line 
is, if, in such case, the occupant of the land on one side shall 
refuse or neglect to join with the occupant of the land on the other 
side, in making a partition fence, on the one side or the other, or 
shall disagree respecting the same, then two or more fence viewers 
of the town or towns, wherein such lands lie, on application to them 
made, shall forthwith view such river, brook, pond or creek ; and, if 
they shall determine the same not to answer the purpose of a suffi- 
cient fence, and that it is impracticable to fence on the true boundary 
line, they shall, after giving notice to the parties to be present, deter- 
mine how, or on which side thereof, the fence shall be set up and 
maintained, or whether partly on the one side and partly on the other 
side, as to them shall appear just, and shall reduce such their deter- 
mination to writing ; and if either of the parties shall refuse or neglect 
to make and maintain his part of the fence, according to the deter- 
mination of the fence viewers, the same may be made and maintain- 
ed, as is before provided in this chapter, and the delinquent party 
shall be subject to the same costs and charges, to be recovered in 
like manner. 

Sect. 10. When any lands, belonging to two persons in several- Wiiere lands 
ty, shall have been occupied in common, without a partition fence be- ^^'^^ j^^".l!"'. 

•^1 J r , 11111- 1 • Pi'oved without 

tween them, and one ol the occupants shall be desirous to occupy his partition fences, 
part in severalty, and the other occupant shall refuse or nedect, on ^ division 

1 1 1- ■ 1 1 1- 1 , ",. 1 1 1 M may be made. 

demand, to divide the linew here the fence ought to be built, or to 1785,62, §5. 
build a sufficient fence on his part of the line, when divided, the party 



198 



Chap. 19. Sect. 11—15. 



[part I. 



When one par- 
ty lays open 
enclosed lands, 
the other may 
purchase a right 
in partition 
fence. 
1785, 32, $ 6. 

Where unim- 
proved lands 
are afterwards 
enclosed, &c., 
the party bene- 
fitted shall 
pay, &c. 
1785, 52, § 6. 



Fence viewers, 
whence taken 
when partition 
fences are on 
town lines. 
1785, 52, § 6. 

Where a water 
fence shall be 
necessary, 
how made. 



All fences to be 
maintained con- 
formably to 
agreement of 
parties or as- 
signment of 
fence viewers. 



But one party 
may lay his 
lands common 
by giving 
notice. 
1822, 60. 



desiring it may have the same divided and assigned, by two or more 
fence viewers of the same town, in the manner provided in this chap- 
ter ; and the fence viewers may, in writing, assign a reasonable time, 
having regard to the season of the year, for making the fence ; and if 
the occupant complained of shall not make his part of the fence, within 
the time so assigned, the other party may,^ after having made up his 
own part of the fence, make up the part of the other, and recover 
therefor double the expense thereof, together with the fees of the 
fence viewers, in the manner provided in this chapter. 

Sect. 11. When one party shall cease to improve his land, or 
shall lay open his enclosure, he shall not take away any part of the 
partition fence belonging to him, and adjoining to the next enclosure, 
provided the owner or occupant thereof will allow and pay therefor 
so much as two or more fence viewers shall, in writing, determine 
to be the reasonable value of such partition fence. 

Sect. 12. Whenever any land, which has lain unenclosed, shall 
be afterwards enclosed, or shall be used for depasturing, the occupant 
or owner thereof shall pay, for one half of each partition fence, stand- 
ing upon the line between the same land and the land of the en- 
closures of any other occupant or owner, the value thereof, to be 
ascertained, in writing, (in case they shall not agree between them- 
selves,) by two or more of the fence viewers of the same town, 
wherein such partition fence stands ; and in case such occupant or 
owner, after the value has been so ascertained, shall neglect or re- 
fuse, for thirty days after demand made, to pay for one half of the 
partition fence, the proprietor of the fence may maintain, in form 
aforesaid, an action for such value, and the costs of ascertaining 
the same. 

Sect. 13. Tn all cases, where the line, upon which a partition 
fence is to be made or to be divided, is the boundary line of one or 
more towns, or partly in one town and partly in another town, a 
fence viewer shall be taken from each town. 

Sect. 14. When a water fence, or fence running into the water, 
is necessary to be made, the same shall be done in equal shares, un- 
less otherwise agreed by the parties ; and, in case either party shall 
refuse or neglect to make or maintain the share to him belonging, 
similar proceedings shall be had, as in other cases of the like kind, 
respecting other fences before mentioned. 

Sect. 15. In all cases, where a division of fence, between the 
owners of improved lands, has been or shall be made, either by fence 
viewers, or by an agreement in writing between the parties, recorded 
in the office of the clerk of the town, wherein such lands are situate, 
the several owners of such lands, and their heirs and assigns, for- 
ever, shall erect and support said fences, agreeably to such division ; 
provided, that if any person shall lay his lands common, and deter- 
mine not to improve any part of the same, adjoining the fence that 
may have been divided as aforesaid, and shall give six months' notice 
of his determination to all the adjoining occupants of lands, he shall 
not be required to keep up or support said fence, during the time that 
his lands shall so lie common and unimproved. 



TITLE VII.] Chap. 19. Sect. 16 — 24. I99 



FENCE VIEWERS. 



Sect. 16. The inhabitants of every town shall, at their annual Fence viewers 
meeting, choose two or more suitable persons to be fence viewers, *° ^^ chosen by 
as provided in the fifteenth chapter. 1785,^52, § 1. 

Sect. 17. Any fence viewer, duly chosen and sworn, who shall. Penalty for 
when requested, unreasonably neglect to view any fence, or to per- '^"'j® viewers' 
form any other duties, required of him in this chapter, shall forfeit 1785,52, §3. 
the sum of five dollars to the use of the town, and moreover be 
liable for all damages to the party injured. 

Sect. 18. Each fence viewer shall be paid, by the person em Fees offence 
ploying him, at the rate of one dollar a day, for the time he shall be jilg^ll 
so employed ; and if said person shall neglect to pay the same, within ' 
thirty days after the service shall have been performed, each of the 
fence viewers may recover, in an action of the case, double the How recovered, 
amount of such fees ; and each of them may be a witness for or 
against the other. ^ 

POUNDS, AND IMPOUNDING OF CATTLE; FIELD DRIVERS. 

Sect. 19. Each town shall, at its own expense, and in such Pounds to be 
places therein as the inhabitants shall direct, maintain one or more each to^^^ 
sufficient pounds, in which swine, sheep, horses, asses, mules, goats 1834, 184, § I. 
and neat cattle may be restrained and kept, for the causes mentioned 
in the one hundred and thirteenth chapter. 

Sect. 20. Every town, that shall, for the space of three months. Penalty for 
neglect to provide or maintain a sufficient pound, shall forfeit the il^'^l^ § 1 
sum of fifty dollars, to the use of the county in which such town is 
situated. 

Sect. 21. Each town shall annually appoint a suitable person to Pound keeper 
be the keeper of each pound therein. 'j°^| 1t84°"r4''' 

Sect. 22. Every field driver, within his town, shall take up, at pieid drivers' 
any time, any swine, sheep, horses, asses, mules, goats or neat cattle, duty, to take up 
going at large in the public highways, or town ways, or on common cattle, &c. 
and unimproved lands, and not under the care of a keeper ; and he 
shall restrain them in any pound in such town, according to the pro- 
visions of the one hundred and thirteenth chapter ; and, for any such Whencattlego 
cattle or beasts, so going at large on the Lord's day, the field driver Lo'rdlday,*&c. 
or any other inhabitant of the town may recover, by an action of 1834, 134, ^ 4. ' 
debt, for each beast, the same amount of fees, which the field driver 
is entitled to receive for the like beasts, when distrained and im- 
pounded. 

Sect. 23. If the owner of any ram or he goat shall suffer them Rams and he 
to go at large out of his enclosure, between the first day of July and s^^is, when 
the twenty fifth day of December, annually, he shall forfeit the sum fa^e-e! ^° ^ 
of five dollars for each offence ; to be recovered on complaint before ^^^*' ^^> § 2. 
any justice of the peace of the county, in which such owner lives ; 
provided, that such complaint shall be prosecuted within thirty days 
next after such ram or he goat shall be found going at large as afore- 
said. 

Sect. 24. If any person shall wilfully injure any pound main- Penalty for m- 
tained by any town, he shall be punished by a fine not exceeding fifty i834f fw^M. 
dollars, or by imprisonment in the common jail not exceeding ninety 
days, at the discretion of the court. 



200 



Chap. 20. 



[part I. 



TITLE Till. 



CHAPTER 20. 

OF PARISHES ; AND THE SUPPORT OF PUBLIC WORSHIP. 



Section 

1. Parishes, to be bodies corporate. 

2. Rights, &c., of all parishes. 

3. Churches to have accustomed privi- 
leges, (fcc. 

4. Membership of every religious society 
to be voluntary. 

5. Parishes may regulate admissions by 
by-laws. 

6. Members alone may vote. 

7. Armual meeting for choice of officers. 

8. Parish meetings, how warned. 

9. Wlio to preside, when moderator is 
chosen — choice of clerk. 

10. Officers, how sworn. 

11. Moderator's power and duties — penal- 
ties for disorderly conduct in meeting. 

12. Persons chosen collectors shall, if pres- 
ent, forthwith accept or refuse. 

13. What shall be deemed a refusal. 

14. Prudential affairs, by whom managed. 

15. Vacancies in office, how filled. 

16. Meetings, to be called on application 
of five or more voters, — contents of 
warrant. 

17. If assessors unreasonably refuse, &,c., 
a justice of the peace may call meet 
ings. 

18. Objects for which a parish may raise 
money. 

19. Special acts of incorporation, &c., not 
to be affected by this chapter. 

20. Corporations, not to be tcixed. 

21. Existing rights of property not im 
paired. 

22. Parishes may appoint attorneys, &c. 

23. " may appoint their treEisurers 

collectors — who shall have the 
power of town collectors. 
S4. " may abate for prompt pay- 
ment. 

25. Unincorporated societies may hold and 
manage donations. 

26. Parishes and societies may organize 
themselves, &.c. 



Section 

27. The first meeting, to be called by jus- 
tice's warrant. 

28. Contents of the justice's warrant, and 
proceedings thereon. 

29. Powers, &c., of societies so organized, 
subject to revocation. 

30. Taxes of religious societies, to be as- 
sessed on property. 

31. Proprietors of churches, &c., may as- 
sess money for alterations, repairs, &c. 

32. Assessment and collection of such mo- 
ney. 

33. Notice when pews are sold by treasu- 
rer. 

34. Affidavit of notice of sales, made evi- 
dence. 

35. How proprietors' meetings may be 
called. 

36. Proprietors may take down pews, to 
alter churches, &c.— proceedings in 
such case. 

37. Parishes and societies, to have the like 
powers, in such cases. 

38. No compensation to pew owners, if 
church is unfit for use. 

DONATIONS AND GRANTS FOR PIOUS AND 
CHARITABLE USES. 

39. Deacons, church wardens, '&c., made 
bodies corporate, to take donations, &c. 

40. When the ministers, elders, &c., are 
joined in such donations. 

41. Ministers of all churches may take in 
succession any parsonage land. 

42. No conveyance of church lamds valid, 
without consent of churches, &c. 

43. Conveyance by minister, to be valid 
only during his ministry, unless, &c. 

44. Churches, except, &c., may appoint 
committees to settle with the deacons. 

45. Income of such bodies corporate limi- 
ted. 

46. Overseers of monthly meetings of the 
Friends or Quakers, to hold lands, &c., 
as a corporation— Income limited. 



Parishes, to be SECTION 1 . Every parish or religious society heretofore establish- 
bodies corpor- g^ jg declared to be a body corporate, with all the powers given to cor- 



TITLE VIII.] Chap. 20. Sect. 2 — 11. 201 

porations by the forty fourth chapter ; and with the other powers, 1786, lo, § 3. 
privileges, habilities and duties, expressed in this chapter. ^^^^' ^^' 

Sect. 2. All parishes or religious societies, whether corporate Rights, &c. of 
or unincorporate, shall continue to have and enjoy their existing i834"i83^*& i 
rights, privileges, and immunites, except so far as the same may be 
limited or modified by the provisions of this chapter, and the eleventh 
article of the amendments of the constitution. 

Sect. 3. The respective churches, connected and associated in Churches to 
public worship with such parishes and religious societies, shall con- ed^privUe^es'"" 
tinue to have, exercise and enjoy all their accustomed privileges and &c. 
liberties respecting divine worship, church order and discipline, and Jo pick 1*7°'^' 
shall be encouraged in the peaceable and regular enjoyment and prac- 1834, 183, § i. 
tice thereof. 

Sect. 4. All persons, belonging to any religious society, shall Membership of 
be taken and held to be members, until they shall file, with the clerk ^""'^P rehg-ious 

, , ' J ' SOClGlV to DC 

of such society, a written notice declaring the dissolution of their vokmiary. 
membership, and thenceforth shall not be liable for any grant or con- |^ \f^,: 3^47 
tract, which may be thereafter made or entered into by such society ; 5 Pick. 498. 
and no person shall hereafter be made a member of any parish or re- ^^"^' ^^^' ^ ^• 
ligious society, without his consent in writing. 

Sect. 5. Every parish and religious society may make by-laws. Parishes may 
prescribing the manner in which persons may become members sf(^s' by by-™'^' 
thereof ; provided such by-laws be not repugnant to the laws of the laws. 
Commonwealth. ^^2^' ^^^' § ^■ 

Sect. 6. No person shall have a right to vote in the affairs of Members alone 
any parish or religous society, unless he is a member thereof. ^g^j^ '''^; -,g^ 

Set. 7. The qualified voters of every parish and incorporated 183, §'§ 3! 7. 
religious society, and of every religious society organized according Annual meet- 
to the provisions of this chapter, shall meet in the month of March IX cers? '°"^^ ° 
or April annually, at such time and place as shall be appointed by 1786, 10, § 1. 
their assessors or standing committee, and shall choose a clerk, and 
two or more assessors, a treasurer, collector, who shall be sworn, 
and such other officers as they shall think necessary ; all of whom 
shall continue in office for one year, and until others are chosen and 
qualified in their stead. 

Sect. 8. All meetings shall be warned in such manner, as the Parish meet- 
parish or society shall by any by-law or vote provide ; and when they '"^s, how 
shall make no such order, the meetings shall be warned in such man- 7Greenl. 426. 
ner, as their assessors or standing committee shall, in their warrant for ^^*^^' ^'^■ 
such meeting, direct. 

Sect. 9. At all such meetings, the clerk shall preside in the Who to preside 
choice of a moderator ; and, if there is no clerk, or if he is absent, i^ dio^n. ^'^^'"'^ 
the assessors or the standing committee, or any one of them, shall choice of clerk, 
preside in the choice of a moderator ; and a clerk may then be 1817, 184. 
chosen, either pro tempore, or to fill the vacancy, as the case may s^eJeen^! 448. 
require. 

Sect. 10. The moderator may administer the oath of office to Officers, how 
the clerk ; and the clerk may administer the oath to the assessors and ^^^^^^ 427 
collector ; or the said oaths may be administered by any justice of 1786, lb, ^§ 1. 
the peace ; and they shall all be substantially the same, as are re- ^' 
quired to be taken by the clerk, assessors, and collectors of towns. 

Sect. 11. The moderator shall have the same power, in govern- Moderator's 
26 



202 



Chap. 20. Sect. 12—19. 



[part I. 



powers and 
duties. 

PenaJties for 
disorderly con- 
duct in meetinff. 
16 Mass. 385. 
1786, 10, § 2. 



Persons chosen 
collectors sheill, 
if present, forth- 
with accept or 
refuse. 

1786, 10, § 1. 
What shall be 
deemed a re- 
fusal. 
1786, 10, § 1. 



Prudential af- 
fairs, by whom 
managed. 
1786, 10, § 2. 



Vacancies in 
offices, how 
filled. 
1786, 10, § 2. 

Meetings, to be 
called on appli- 
cation of five or 
more voters. 
Contents of 
warrant. 
1786, 10, § 2. 
9 Pick. 97. 



If assessors un- 
reasonably re- 
fuse, (fcc. a jus- 
tice of the 
peace may call 
meeting's, 
1786, 10, ^ 2. 
3 Pick. 242. 

Objects, for 
which a parish 
may raise 
money. 
1 Mass. 181. 
5 Mass. 547. 
10 Pick. 500. 
1786, 10, § 3. 
1821, 67. 
1828, 107. 
18M, 183, §4. 



Special acts of 
incorporation, 
&c. not to be 
affected by this 
chapter. 
1834, 183, § 4. 



ing the meeting, that is given to the moderator of a town meeting ; 
and all persons, guilty of disorderly behavior at the meeting of any 
parish or religious society, shall be subjected to the same penalties 
and punishments, as are provided for the like offences in town meet- 
ings ; all the pecuniary penalties to enure to the use of the parish or 
society, and to be recovered in the manner prescribed in the case of 
offences at town meetings. 

Sect. 12. The person chosen collector shall, if present, forth- 
with declare his acceptance or refusal of the office ; and in case of 
non-acceptance, the parish or society shall proceed to a new choice, 
and so from time to time, until one shall accept and be sworn. 

Sect. 13. Any person so chosen, who shall be present and shall 
not declare his acceptance of the office of collector, or who shall, for 
the space of seven days, after being summoned by a constable or any 
other person, whom the clerk or assessors may appoint for that pur- 
pose, neglect to take the oath of office, shall be considered as refusing 
to accept the office. 

Sect. 14. The prudential affairs of parishes and religious socie- 
ties shall be managed by their assessors, or by a standing committee, 
to be specially appointed for that purpose ; and the said assessors or 
committee shall have like authority, for calling meetings of the parish 
or society, as selectmen have for calling town meetings. 

Sect. 15. All vacancies, that shall occur after the annual meet- 
ing, in any of the annual offices, may be filled at any other legal 
meeting. 

Sect. 16. When five or more of the qualified voters of any 
parish or religious society shall signify, in writing, their desire to have 
any matter inserted in a warrant for calling a meeting, the assessors 
or committee shall insert the same in the next warrant they shall issue 
for that purpose ; and nothing acted upon shall have any legal opera- 
tion, unless the subject matter thereof shall have been inserted in the 
warrant for calling the meeting. 

Sect. 17. In case the assessors or committee of any parish or 
religious society shall unreasonably refuse to call a meeting, or if 
there are no assessors or committee qualified to call one, any justice 
of the peace for the county, upon the application of five or more of 
the qualified voters, may call a meeting, in the same manner as a jus- 
tice of the peace is authorized to call a town meeting. 

Sect. 18. The qualified voters of every parish and religious so- 
ciety, at the annual meeting, or at any other meeting, regularly noti- 
fied seven days at least before the holding thereof, may grant and 
vote such sums of money, as they shall judge necessary for the set- 
tlement, maintenance, and support of ministers or public teachers of 
religion ; for the building or repairing of houses of public worship ; 
for sacred music ; for the purchase and preservation of burial 
grounds ; and for all other necessary parish charges ; all which sums 
shall be assessed on the polls and estates of all the members of the 
parish or society, in the same manner and proportion as town taxes 
are by law assessed. 

Sect. 19. Nothing contained in this chapter shall enlarge or 
diminish the powers of taxation, enjoyed by any parish or religious 
society, by virtue of any special law or act of incorporation. 



TITLE VIII.] Chap. 20. Sect. 20—29. 203 

Sect. 20. No corporation shall be taxed for any parochial pur- Corporations, 

___„ not to be tcixed. 

pubc. 1834' 183 ^ 4 

Sect. 21. None of the provisions of this chapter shall be con- Existing rights 
strued to impair any existinc rights of property of any territorial of property, not 

• 1 ' •-> ^ M. I J J impaired. 

parish. ^ 

Sect. 22. The inhabitants of every parish and religious society Parishes, &c. 

may, by vote, appoint one or more agents or attorneys to appear for irtt^Mneys','&,c. 

and represent them, in any suit at law and upon any other occasion, nss, 39, § 4. 
Sect. 23. Every parish and religious society may appoint their J_ ' ■ . 

treasurer to be the collector of their taxes ; and, when so appointed, their tfcasurers 

he shall have the like powers, and shall proceed in the like manner, in collectors, who 

^ . , 11 • r 1 r 1 • • CI shall have the 

entorcing the collection ol such taxes, alter the expiration oi the power of towu 
time, fixed by the parish or society for the payment thereof, as is pro- jgljr'21^' 
vided in the eighth chapter, for the collection of taxes by the collect- ' ' 
ors of towns. 

Sect. 24. Every parish and religious society may authorize their —may abate for 
treasurer and collector to make an abatement of such sum, as they ment^''^^-^" 
shall agree upon at their annual meeting, to all those who make vol- 1826, 77. 
untary payment of their taxes, within such periods as shall be fixed on 
for that purpose by the parish or society. 

Sect. 25. In case any donation, gift or grant, shall be made to Unincorporated 
any unincorporated religious society, such society shall have the like hold aiid maji- 
power to manage, use, and employ the same, according to the age donations. 
terms and conditions, on which the same may be made, as incorpora- ^ ^ ' ^ ' s • 
ted societies now have, or may hereafter have, by law ; to elect suit- 
able trustees, agents or officers therefor ; and to prosecute and sue 
for any right, which may vest in them, in consequence of such dona- 
tion, gift or grant ; and such society shall be a corporation, so far as 
may be necessary for the purposes expressed in this section. 

Sect. 26. Any parish, which, from the want of officers, or any Parishes and 
other cause, may be unable to assemble in the usual manner, and any societies may 
religious society, that is not incorporated, provided they contain re- selves, &c 
spectively ten or more qualified voters, may organize themselves as a ^^34, 183, § 6. 
corporation, in the manner and for the purposes expressed in the fol- 
lowing sections. 

Sect. 27. Any justice of the peace for the county in which The first meet- 
such parish or religious society may be, upon application in writing bl?/us|ice^^'^^'* 
by any five or more of the qualified voters thereof, may issue his war- warrant. 
rant for calling a meeting of the same. 1034,183, § 6. 

Sect. 28. The warrant shall state the objects of the meeting. Contents of the 
and shall be directed to some one of the applicants therefor, requir- •j."nt*^|n(j^"' 
ing him to warn the qualified voters of the parish or society to meet proceedings 
at such time and place, as shall be appointed in the warrant ; and, upon J3|'^°|g3 ^ 5 
due return thereof, the same justice, or any other justice of the peace 
for the county, may preside at such meeting, for the choice and qual- 
ification of a clerk, who shall enter at large, upon the records of the 
parish or society, the proceedings had in the organization thereof; 
and the parish or society may thereupon proceed to choose a mode- 
rator, and to do all such other things, as parishes are by law author- 
ized to do at their annual meetings ; provided the subject matter 
thereof shall be inserted in said warrant. 

Sect, 29. Every parish and religious society, organized as pro- Powers, &c. of 



204 



Chap. 20. Sect. 30—34. 



[part I. 



societies so or- 
gauiized. 



Subject to revo- 
cation. 
1834, 183, § 7. 

Taxes of reli- 
gious societies, 
to be assessed 
on property. 
1834, 183, § 8. 



Proprietors of 
churches, &c. 
may assess 
money for alter- 
ations, repairs, 

1817, 189, § 1. 



Assessment and 
collection of 
such money. 
1817, 189, $ 1. 



Notice when 
pews are sold 
by the treas- 
urer. 
1817, 189, § 2. 



Affidavit of no- 
tice of sales, 
made evidence. 
1817, 189, § 3. 



vided in the three preceding sections, shall become a corporation, 
and shall have all the powers and privileges, and be subject to all the 
duties, liabilities and requirements, which incorporated religious so- 
cieties may, by law, have or be subject to, with power to have and 
hold so much estate, real or personal, as may be necessary for the 
objects of such organization, and no more ; provided, that all the 
powers, derived from any such organization, may at any time be re- 
voked by the legislature. 

Sect. 30. The assessors of every parish and religious society, 
in assessing taxes for the support of public worship, and for other 
parish charges, shall assess the same upon all the property, (not ex- 
empted by law from taxation,) of all the inembers of such parish or 
society, including all their real estate within the state, in whatever 
part thereof it may be situated, and all their personal estate, wherev- 
er the same may be ; and no citizen shall be liable to pay any tax for 
the support of public worship, or for other parish charges, to any 
parish or religious society, other than to that of which he is a mem- 
ber. 

Sect. 31. Whenever the proprietors of any church, meeting 
house, or other house of public worship, shall deem it expedient to 
alter, enlarge, repair, rebuild, or remove the same, it shall be lawful 
for them, at a legal meeting, called for that purpose, to raise such 
sums of money, as they may judge necessary, to carry any of said 
purposes into effect, and to purchase any land necessary for the same. 

Sect. 32. Such moneys may be assessed on the pews in such 
church or house, and the assessment may be committed to the treas- 
urer, chosen by said proprietors to receive the same ; and the treasu- 
rer shall forthwith give notice thereof, by posting up an advertisement 
at the principal outer door of such house, stating the completion of 
such assessment, and the day of delivery thereof to him ; and if said 
taxes, or any part thereof, remain unpaid for three months, after the 
posting up of notifications as aforesaid, it shall be the duty of the 
treasurer to collect the same forthwith, by sales at public auction of 
the pews, whereon the tax or any part thereof shall remain unpaid, in 
the manner provided in the following sections. 

Sect. 33. When it shall become the duty of the treasurer, to sell 
any pew for taxes, he shall post up a notification of the intended sale 
thereof, at the principal outer door of such church or house, at least 
three weeks before the time of sale, therein setting forth the number 
of the pew, if any, the name of the owner or occupant, if known, and 
the amount of the tax due thereon ; and if said tax or any part there- 
of shall remain unpaid, at the time appointed for such sale, the treas- 
urer shall sell the pew, by public auction, to the highest bidder, and 
shall execute and dehver, to the purchaser, a sufficient deed of con- 
veyance of the same ; and the money, arising from such sale, beyond 
the taxes and incidental reasonable charges, shall be paid by the trea- 
surer to the former owner of the pew so sold, or to his assigns. 

Sect. 34. The affidavit of any disinterested person, annexed to 
any original notification, or to a copy thereof, made before a justice of 
the peace, and recorded on the proprietor's records, within six 
months next after such sale, shall be allowed, as one mode of proof 
of the posting up of the notifications herein before required. 



TITLE VIII.] Chap. 20. Sect. 35 — 41. 205 

Sect. 35. Any meeting of the proprietors of a church or house Howproprie- 
of public worship, for any of the purposes aforesaid, may be called 1^^^' b'^^^ii^d 
by a warrant from a justice of the peace, granted on application to 1817, 189, § 4.' 
him in writing, made by any five of said proprietors, which warrant 
shall be directed to one of the applicants ; or such meeting may be 
called by a notification by the clerk of said proprietors, whose duty 
it shall be to warn a meeting, on a like application to him ; and, in 
either case, such meeting may be warned by posting up a notification 
thereof, at the principal outer door of the church or house, fourteen 
days at least before the time appointed for the meeting. 

Sect. 36. Whenever any such proprietors shall deem it neces- Proprietors may 
sary, for the purpose of altering, enlarging, repairing, rebuilding, or to aiterchurch^^ 
removing their church or house, to take down any pews therein, it es, &c. 
shall be lawful for them so to do ; such pews being first appraised by jso. ^""^ 
any three or more disinterested persons, chosen by said proprietors 
for that purpose ; and the pews newly erected, shall be sold by the 
treasurer of the proprietors, by public auction, to the highest bidder, 
and deeds thereof shall be given, in like manner as when they are 
sold for the payment of taxes ; and the moneys arising from such sale p^. .. 
shall be applied, so far as may be necessary, to paying the appraised such case. 
value of the pews taken down to the owners thereof; and the defi- 1817, 189, §5. 
ciency, if any, shall be paid by the proprietors of such church or 
house, within thirty days next after the sale. 

Sect. 37. Whenever any parish or religious society, being the Parishes and 
owner of any church, meeting house, or other house of public wor- have the like 
ship, shall deem it necessary, for the purpose of altering, enlarging, powers in such 
repairing, rebuilding or removing any such church or house, to take issF m. 
down any pews therein, it shall be lawful for them so to do ; and, in 
such case, the like regulations shall be observed, and the like proceed- 
ings had, as are provided in the preceding section. 

Sect. 38. Nothing contained in the two preceding sections shall Nocompensa- 
entitle any person to compensation for a pew so taken down, in any owne°s^vvhen 
case, where such church or house shall have become unfit for the ciiurch is unfit 
purposes of public worship. issT^m 

7 Pick. 138, 
DONATIONS AND GRANTS FOR PIOUS AND CHARITABLE USES. 3 ib. 344, 1 ib. 

102. 

Sect. 39. The deacons, churchwardens or other similar officers n Mass. 435. 
of all churches or religious societies, if citizens of the United States, wardens' &c!*^" 
shall be deemed bodies corporate, for the purpose of taking and hold- made bodies 
ing, in succession, all grants and donations, whether of real or per- take^cbnati'ons 
sonal estate, made either to them and their successors, or to their &c. 
respective churches, or to the poor of their churches. 1785^51 s i. 

Sect. 40. In all cases, where the ministers, elders, or vestry of when the min- 
any church shall, in the grants or donations mentioned in the preced- ''f'ers, elders, 
ing section, have been joined with such deacons or church wardens i,, such dona" 
as donees or grantees, such officers and their successors, together ''o''?. 
w'ith the deacons or church wardens, shall be deemed the corporation, ' ^' ' ^ ' 
for the purposes of such grants and donations. 

Sect. 41. The minister of every church or religious society, of Ministers of all 
whatever denomination, if a citizen of the United States, shall be elinrches may 
capable of taking, in succession, any parsonage land granted to the sion aiiy par-^" 
minister and his successors, or to the use of the ministers, or granted fonaffc land. 

' ' ° 13 Mass. 464 



206 Chap. 20. Sect. 42 — 46. [part i. 

10 Mass. 93. by any words of the like import, and may prosecute and defend, in 
1785^5^ |l' ^1' actions touching the same. 

No conveyance Sect. 42. No Conveyance of the lands of any church shall be 
of chuch lands effectual to pass the same, if made by the deacons without the consent 
consent of ^f the church, or of a committee of the church, appointed for that 
churches, &c. purposc, or if made by the church wardens, without the consent of 

1785, 51, C> 1. fi *^ . "^ 

' ' ^ the vestry. 
Conveyance by Sect. 43. No conveyance, made by any minister, of lands held 
minister, to be by him in succcssion, shall be valid any longer than he shall continue 
ring- his"minis- ^o be such minister, unless such conveyance shall be made with the 
try, unless, &c. conscnt of the town, parish, or religious society, of which he is minis- 
14 Mass. 333. ter, or unless he be a minister of an episcopal church, and shall 
1785, 51, § 1. make the conveyance with the consent of the vestry. 
Churches, ex- Sect. 44. The Several churches, other than those of the epis- 
appoint*^comnHt- copal denomination, are authorized to choose committees, for the pur- 
tees to settle pose of Settling the accounts of the deacons and other church offi- 
cons.^ ®*"^^' cers, and, if necessary, to commence and prosecute any suits in the 
1785,51, § 1. name of the church, against the said deacons or other officers, touch- 
ing the same. 
Income of such Sect. 45. The iucome of any such grant or donation, made to or 
^rte'^iimited' ^°^ ^^® "^® *^^ ^"y church, shall not exceed the sum of two thousand 
1785, 51, § 2. dollars a year, exclusive of the income of any parsonage lands, granted 

to or for the use of the ministry. 
Overseers of Sect. 46. The ovcrsecrs of each monthly meeting of the people 

h!gs orihe^^*" called Friends or Quakers shall be a body corporate, for the purpose 
Friends or of taking and holding, in succession, all grants and donations of real 
^mands*°&c. °^ personal estate, made to the use of such meeting, or to the use of 
as a corpora- any preparative meeting belonging thereto ; and to aliene or manage 
^'°°" such real and personal estate, according to the terms and conditions 

of the grants and donations ; and to prosecute and defend in any 
action touching the same ; provided, that the income of the grants and 
Income limited, donations, to any one of such meetings, for the uses aforesaid, shall 
1822, 92. nQ|. exceed the sum of five thousand dollars a year. 



TITLE IX.] 



Chap. 21. 



207 



TITL.E IX. 

Of the public health. 



Chapter 21. Of the preservation of the public health ; quarantine : 

nuisances ; and offensive trades. 
Chapter 22. Regulations concerning the practice of physic and surgery. 



CHAPTER 21. 

OF THE PRESERVATION OF THE PUBLIC HEALTH ; QUARANTINE 5 
NUISANCES 5 AND OFFENSIVE TRADES. 



Section I 

1. Every town, except, &c., may choose 
a board of hesilth. 

2. Board of health for the city of Boston. 

3. Physiciaji to the board of health. 

4. Compensation of plij'sician, &c. 

5. Board of health, to make regulations as 

to nuisances, &c. 

6. " may make provision 

as to infected articles. 

7. " niay make regulations 

as to interments, dtc. 

8. Notice of their regulations, to be pub- 
lished. 

9. Board of health, to examine into nui- 
sances, &c. 

10. When nuisances are found on private 
property. 

11. If the owner, &c., does not obey or- 
ders of the board, then, &c. 

12. When a party is convicted of a nui- 
SEinee, &c. 

13. Court of common pleas may issue in- 
junctions in cases of nuisance. 

14. How board of health may make com- 
pulsory examination of premises, when 
refused, &c. 

15. Board may grant permits for the re- 

moval of infected articles or sick 
persons. 

16. " may remove infected persons to 

a separate house, &c. 

17. If the infected person cannot be re- 
moved, others may be, &c. 

18. Persons may be stationed on borders 
of other states, to examine, &c. 

19. Any two justices may issue warrjmts to 
remove sick persons. 



Section 

20. One justice may issue warrant to se- 
cure infected articles. 

21. Justices may take up houses, stores, 
&c., for safe keeping of goods, &c. 

22. Officers may break open houses, shops, 
&c., and command aid. 

23. Expenses, to be paid by owners of 
goods, &c. 

24. Towns shall make compensation for 
houses, &c., or services impressed. 

25. Removal of prisoners attacked with 
disease in jail. 

26. Return of removal to be made to the 
court — such removal shall not be an es- 
cape. 

QUARANTINE. 

27. Towns may establish a quarantine. 

28. Two or more towns may establish com- 
mon quarantine ground. 

29. Board of health may establish the quar- 
antine of vessels. 

30. Quarantine regulations, to extend to all 

persons and all goods, &c. 

31. " regulations, to be binding 

on all persons after public 
notice. 

32. Vessels, to be ordered to quarantine 
ground. 

33. Penalty, if master, seamsm, &c., re 
fuse to make smswer on oath, &c. 

34. Quarantine expenses to be paid by per- 



son or owner. 



SMALL POX. 



35. Hospitals for the small pox, may be 

provided by towns. 

36. " for the small pox, to be un- 



208 



Chap. 21. Sect. 1—5. 



[part I. 



Section 

der the orders of the board 
of heahh. 

37. Hospitals for the small pox, not to be 

established within one hun- 
dred rods of houses in an 
adjoining- town, unless, &lc. 

38. Penalty for inoculating without per- 
mission. 

39. Physicians and others, in hospitals, to 
be subject to board of health. 

30. Hospital shall be immediately provid- 
ed, when the small pox breaks out un- 
expectedly. 

41 . When selectmen shall give notice by 
suitable signals. 

42. Penalty on physicians and others, fori 
violating regulations. | 



Section 

43. Every householder, to give notice of 
small pox in his family. 

44. Penalty on physicians, for not giving 
notice of small pox, &c. 

INOCULATION WITH THE COW POX. 

45. Towns may provide for inoculation of 
inhabitants and defray expenses. 

46. All penalties, forfeited to town, and re- 
coverable by treasurer. 

OFFENSIVE TRADES. 

47. Selectmen, to assign places for offen- 
sive trades. 

48. If such place becomes a nuisance, the 
court of common pleas may revoke, &c. 

49. Action for damages from nuisances. 



Every town, ex- 
cept, &c. may 
choose a board 
of health. 
1817, 16, §§ 1 to 



Board of health 
for Boston. 
1821, 110, § 17. 

Physician to the 
board of health. 
1816, 4i, §7. 
Compensation 
of physician, &c 
1816, 44, § 7. 



Board of health, 
to make regula- 
tions as to nui- 
sances, &c. 
1797, 16, § 3. 



—may make 
provision as to 
infected articles 
1797, 16, 5 5. 



—may make 
regulations as 
to interments, 

1816,44, § 11. 
Notice of their 
regulations, to 
be published. 
1816, 44, 66 3. 
11. 



Section 1. Every town, respecting which no provision is made, 
by any special law, for choosing a board of health, may, at their an- 
nual meeting, or at any other meeting legally warned for the purpose, 
choose a board of health, to consist of not less than three, nor more 
than nine persons ; or they may choose one person to be a health 
officer ; and, in case they shall not choose any board of health or 
health officer, the selectmen shall be the board of health. 

Sect. 2. In the city of Boston, the city council shall exercise 
all the powers, and perform all the duties of a board of health for the 
said city. 

Sect. 3. Every board of health may appoint a physician to the 
board, who shall hold his office during their pleasure. 

Sect. 4. The board of health shall establish the salary or other 
compensation of such physician, and shall regulate all fees and char- 
ges of every person, employed by them in the e'xecution of the health 
laws and of their own regulations. 

Sect. 5. The board of health shall make such regulations re- 
specting nuisances, sources of filth, and causes of sickness, within 
their respective towns, and on board of any vessels in their harbors, 
as they shall judge necessary for the public health and safety ; and if 
any person shall violate any such regulation, he shall forfeit a sum not 
exceeding one hundred dollars. 

Sect. 6. The said board shall also make such regulations., as 
they may judge necessary for the public health and safety, respecting 
any articles which are capable of containing or conveying any infec- 
tion or contagion, or of creating any sickness, when such articles shall 
be brought into or conveyed from their town, or into or from any 
vessel ; and if any person shall violate any such regulations, he shall 
forfeit a sum not exceeding one hundred dollars. 

Sect. 7. The said board shall also make all regiilations, which 
they may judge necessary for the interment of the dead, and respect- 
ing burying grounds in their towns. 

Sect. 8. Notice shall be given, by the board of health, of all re- 
gulations made by them, by publishing the same in some newspaper 
of their town, or, where there is no such newspaper, by posting them 



TITLE IX.] Chap. 21. Sect. 9 — 15. 209 

up in some public place of the town ; and such notice of said regula- 
tions shall be deemed legal notice to all persons. 

Sect. 9. The board of health shall examine into all nuisances, Board, to ex- 
sources of filth, and causes of sickness, thai may, in their opinion, be ^""'"^ mionul- 

.... . S(inc6S &-C 

injurious to the health of the inhabitants whhin their town, or in any 1797, 16, §11. 
vessel within the harbor of such town, and the same shall destroy, re- 
move or prevent, as the case may require. 

Sect. 10. Whenever any such nuisance, source of filth, or cause whennuisan- 
of sickness, shall be found on private property, the board of health, ces are found 
or health officer, shall order the owner or occupant thereof, at his peru"^^^^ ^'°' 
own expense, to remove the same within twenty four hours ; and if 1797, 16, § 11. 
the owner or occupant shall neglect so to do, he shall forfeit a sum 
not exceeding one hundred dollars. 

Sect. 11. If the owner or occupant shall not comply with such if the owner, 
order of the board of health, the board may cause the said nuisance, ^- '^°^^ »°' 
source of filth, or cause of sickness, to be removed ; and all expen- the board, then, 
ses incurred thereby shall be paid by the said owner or occupant, or ^^• 
by such other person as shall have caused or permitted the same. ; ; 9 • 

Sect. 12. When any person shall be convicted, on an indict- when a party 
ment for a common nuisance, that may be injurious to the pubhc '* ^^^J^^'cted of 

1,,, .,.,. .•' ,''. , ^, a nuisance, &c. 

health, the court may, m their discretion, order it to be removed or i80i,i6, $3. 
destroyed, at the expense of the defendant, under the direction of 
the board of health of the town, where the nuisance is found ; and 
the form of the warrant to the sheriff, or other officer, may be varied 
accordingly. 

Sect. 13. The court of common pleas, or any one of the justi- Court of com- 
ces thereof, in term time or vacation, may, in all cases, either before '"°" p'eas, &c. 

,. ' ■ r ' •". ^ \ , , ,. may issue in- 

or pending a prosecution lor a common nuisance ariecting the pubhc junctions, b 
health, issue an injunction to stay or prevent the same, until the mat- ^^^^^^^ of nm- 
ter shall be decided by a jury or otherwise ; and may issue all such 1827,88. 
other writs and processes, and make all such orders and decrees, ac- 
cording to the course of proceedings in chancery, as may be neces- 
sary or proper to enforce such injunction ; and may dissolve the 
same, when the court or any one of the said justices shall think it 
proper. 

Sect. 14. Whenever the board of health shall think it necessa- How board of 
ry, for the preservation of the lives or health of the inhabitants, to en- ''eaith may 
ter any land, building or vessel within their town, for the purpose of ^ry^examma- 
examining into, and destroying, removing or preventing any nuisance, tionofpremi- 
source of filth, or cause of sickness, and shall be refused such entry, ed'&c.^"'^^" ' 
any member of the board may make complaint, under oath, to any i^i^, 44, § 2. 
justice of the peace of his county, stating the facts of the case, so far 
as he has knowledge thereof, and such justice may thereupon issue a 
warrant, directed to the sheriff or either of his deputies, or to any 
constable of such town, commanding them to take sufficient aid, and, 
being accompanied by any two or more members of said board of 
health, between the hours of sunrise and sunset, to repair to the place, 
where such nuisance, source of filth or cause of sickness complained 
of, may be, and the same to destroy, remove or prevent, under the 
directions of such members of the board of health. 

Sect. 15. The board of health may grant permits for the remo- Board may 

grant permits 

27 



210 Chap. 21. Sect. 16— 20. [parti 

for the removal '^^} o^ ^^J nuisance, infected article or sick person, within the limits 
of infected arti- of their tovvn, when they shall think it safe and proper so to do. 

cles or sick o ^ c -vTn ■ r \ i ■ ^■ • 

persons. oECT. lo. When any person, coming Irom abroad, or residing m 

1816, 44, § 12. any town within this state, shall be infected, or shall lately before have 
infmed per°-^^ ^^cn infected, with the plague, small pox, or other sickness danger- 
sons to a sepa- ous to the public health, the board of health of the town, where such 
1797, 16, §1. person may be, shall make effectual provision, in the manner which 
they shall judge best, for the safety of the inhabitants, by removing 
such sick or infected person to a separate house, if it can be done 
without danger to his health, and by providing nurses, and other as- 
sistance and necessaries, which shall be at the charge of the person 
himself, his parents or master, if able, otherwise, at the charge of the 
town, to which he belongs ; and, in case such person is not an inha- 
bitant of any town, then at the charge of the Commonwealth. 
If the infected Skct. 17. If the infected person cannot be removed, without 
Crremoved°' ^^"gsr to his health, the board of health shall make provision for him, 
others may 'be, 3s directed in the preceding section, in the house in which he may 
*'*'• be ; and, in such case, they may cause the persons in the neighbor- 

hood to be removed, and may take such other measures, as they shall 
judge necessary, for the safety of the inhabitants. 
Persons maybe Sect. 18. The board of health of any town near to, or border- 
Srs of other '"§ "P^"'. ^'^^^^ °^ ^^^ neighboring states, may appoint, by writing 
states, to exam- under their hands, suitable persons to attend at any places, by which 
mi^l6 § 3 travellers may pass from infected places in other slates ; and the per- 
sons, so appointed, may examine such passengers, as they may sus- 
pect of bringing with them any infection, which may be dangerous to 
the public health, and, if need be, may restrain them from travelling, 
until licensed thereto by the board of health of the town, to which 
such person may come ; and any passenger, coming from such in- 
fected place, who shall, without license as aforesaid, travel within this 
state, unless it be to return by the most direct way to the state from 
whence he came, after he shall be cautioned to depart by the persons 
appointed as aforesaid, shall forfeit a sum not exceeding one hundred 
dollars. 
Anytwojusti- Sect. 19. Any two justices of the peace may, if need be, make 
wlr^nfsTo'^re- °"* ^ Warrant, directed to the sheriff of the county, or his deputy, or 
move sick per- to any constable, requiring them, under the direction of the board of 
1797 16 6 4 ^^ealth, to remove any person, infected with contagious sickness, or 
' ' ' to impress and take up convenient houses, lodging, nurses, attend- 
ants, and other necessaries, for the accommodation, safety and relief 
of the sick, 
pnejusticemay Sect. 20. Whenever, on the application of the board of health, 
sTc^urc^lnfectid ^^ ^^^^^' ^^ made to appear to any jusdce of the peace, that there is 
articles. just cause to suspcct that any baggage, clothing or goods, of any kind, 

1797, 16, §5. found within the town are infected with the plague or any other dis- 
ease, which may be dangerous to the public health, such justice of 
the peace shall, by warrant, directed to the sheriff or his deputy, or 
to any constable, require him to impress so many men, as said justice 
shall judge necessary, to secure such baggage, clothing or other goods, 
and to post said men as a guard over the house or place, where such 
baggage, clothing or other goods shall be lodged ; which guard shall 
take effectual care to prevent any persons removing or coming near 



TITLE IX.] Chap. 21. Sect. 21— 28. 211 

to such baggage, clothing or other goods, until due inquiry be made 
into the circumstances thereof. 

Sect. 21. The said justice may also, by the same warrant, if it Justices may 
shall appear to him necessary, require the said officers, under the di- a^cfstores^&c. 
rection of said board of health, to impress and take up convenient for safe keeping 
houses or stores, for the safe keeping of such baggage, clothing or i^i^^i^'^Q^ 
other goods ; and the board of health may cause them to be removed 
to such houses or stores, or to be otherwise detained, until they shall, 
in the opinion of the said board of health, be freed from infection. 

Sect. 22. The said officers, in the execution of such warrant. Officers may 
shall, if need be, break open any house, shop, or other place men- i,ouses°shops, 
tioned in said warrant, where such baggage, clothing, or other goods &c. and com- 
shall be ; and they may require such aid, as shall be necessary to ef- J^g" ^g '^ g 
feet the execution of the warrant ; and all persons shall, at the com- 
mand of either of the said officers, under a penalty not exceeding ten 
dollars, assist in the execution of the warrant. 

Sect. 23. The charges of securing such baggage, clothing or Expenses to be 
other goods, and of transporting and purifying the same, shall be paid ^f'fooJs"^^^"^^ 
by the owners thereof, at such rates and prices, as shall be deter- 1797, 16, §5. 
mined by the board of health. 

Sect. 24. Whenever the sheriff or other officer shall impress Town shall 
or take up any houses, stores, lodging, or other necessaries, or shall ^tion foi"^^^" 
impress any men, as provided in this chapter, the several parties in- houses, (fee. or 
terested shall be entided to a just compensation therefor, to be paid ^^gg^^^^ ™' 
by the town, in which such persons or properly shall have been so 
impressed. 

Sect. 25. Whenever any person, confined in any common jail. Removal of 
house of correction, or work house, shall be attacked with any dis- faTked wit^h'dis- 
ease which, in the opinion of the physician of the board of health, or eases in jail. 
of such other physician as they may consult, shall be considered 1816, 44, $40. 
dangerous to the safety and health of the other prisoners, or of the 
inhabitants of the town, the board of health shall, by their order in 
writing, direct the removal of such person to some hospital, or other 
place of safety, there to be provided for and securely kept, so as to 
prevent his escape, until their further order ; and if such person shall 
recover from the disease, he shall be returned to the said prison or 
other place of confinement. 

Sect. 26. If the person so removed shall have been commit- Return of re- 
ted by order of any court, or under any judicial process, the order macje'to u^e 
for his removal, or a copy thereof, attested by the presiding member court. 
of said board of health, shall be returned by him, with the doings Such removal 
thereon, into the office of the clerk of the court, from which the pro- ^''^" ""^^ ^^ ^ 

• J [• • • 1 • , . ' escape. 

cess was issued tor committing such prisoner ; and no prisoner, re- 1816, 44, § 10. 
moved as aforesaid, shall be considered as having thereby committed 
an escape. 

QUARANTINE. 

Sect. 27. Any town may establish a quarantine ground, in any Towns mayes- 
suitable place, either within or without its own limits ; provided, tabhsh a quar- 
that, if such place shall be without its limits, the assent of the town, 
within whose limits it may be established, shall be obtained therefor. 

Sect. 28. Any two or more towns may, at their joint expense. Two or more 

towns may es- 



212 



Chap. 21. Sect. 29— 37. 



[part I. 



tablish common 

quarantine 

ground. 



Board of health 
may establish 
the quarantine 
of vessels. 
1816, 44, § 6. 



Quarantine 
regulations to 
extend to all 
persons, &c. 
1816, 44, § 6. 
—to be 
binding on all 
persons after 
public notice. 
1816, 44, § 6. 

Vessels, to be 
ordered to quar- 
aatine ground. 
1816, 44, § 7. 



Penalty, if mas- 
ter, seaman, 
&.C. refuse to 
make answer 
on oath, &c. 
1797, 16, § 9. 



Quarantine ex- 
penses to be 
paid by person 
or owner. 
1816, 44, § 6. 



Hospitals for 
the small pox 
may be provi- 
ded by towns. 
1792, 58, § 2. 

^to be under 
the orders of 
the board of 
health. 

1792, 58, § 2. 
— not to be es- 
tablished within 



establish a quarantine ground for their common use, in any suitable 
place, either within or without their own limits ; provided, that if 
such place shall be without their limits, they shall obtain the assent 
of the town, within whose limits such place may be. 

Sect. 29. The board of health in each seaport town may, from 
time to time, establish the quarantine, to be performed by all vessels 
arriving within the harbor of such town ; and may make such quar- 
antine regulations, as they shall judge necessary for the health and 
safety of the inhabitants. 

Sect. 30. The quarantine regulations, so established, shall ex- 
tend to all persons, and all goods and effects, arriving in such ves- 
sels, and to all persons, who may visit or go on board of the same. 

Sect. 31. The quarantine regulations aforesaid, after notice 
thereof shall have been given, in the manner before provided in this 
chapter, shall be observed by all persons ; and any person who shall 
violate any such quarantine regulation, shall forfeit a sum not less 
than five dollars, nor more than five hundred dollars. 

Sect. 32. The board of health, in each seaport town, may, at 
all times, cause any vessel arriving in such port, when such vessel 
or the cargo thereof shall in their opinion be foul or infected, so 
as to endanger the public health, to be removed to the quarantine 
ground, and to be thoroughly purified, at the expense of the owners, 
consignees, or persons in possession of the same ; and they may also 
cause all persons, arriving in or going on board of such infected ves- 
sel, or handling such infected cargo, to be removed to any hospital 
under the care of said board of health, there to remain under their 
orders. 

Sect. 33. If any master, seaman or passenger, belonging to any 
vessel, on board of which any infection may then be, or may have 
lately been, or suspected to have been, or which may have been [at], 
or which may have come from, any port where any infectious dis- 
temper prevails, that may endanger the public health, shall refuse to 
make answer on oath to such questions, as may be asked him, rela- 
ting to such infection or distemper, by the board of health of the 
town, to which such vessel may come, (which oath any member of 
said board may administer,) such master, seaman or passenger so re- 
fusing, shall forfeit a sum not exceeding two hundred dollars ; and, in 
case he be not able to pay said sum, he shall suffer six months' im- 
prisonment. 

Sect. 34. All expenses, incurred on account of any person, 
vessel or goods, under any quarantine regulations, shall be paid by 
such person, or the owner of such vessel or goods, respectively. 

SMALL POX AND OTHER DANGEROUS DISEASES. 

Sect. 35. The inhabitants of any town may establish, within 
the same town, and be constantly provided with, one or more hospi- 
tals for the reception of persons, having the small pox or other dis- 
ease, which may be dangerous to the public health. 

Sect. 36. All such hospitals shall be subject to the orders and 
regulations of the board of health, or a committee of such town, ap- 
pointed for that purpose. 

Sect. 37. No such hospital shall be established, within one hun- 



TITLE IX.] Chap. 21. Sect. 38—44. 213 

dred rods of any Inhabited dwelling house, situated in any adjoining lOOrodsofhou- 
town, without the consent of such adjoining town. fn|u)^f^-'°" 

Sect. 38. If any person shall inoculate any other person, or in- less, &c. 
oculate himself, or suffer himself to be inoculated, with the small pox, penalty 'for in- 
unless at some hospital licensed and authorized by law, he shall, for ocuiating with- 
each offence, forfeit a sum not exceeding two hundred dollars, to the ngg'^'s^'l^s""' 
use of the town in which such offence shall have been committed. 

Sect. 39. When any hospital shall be so established, the phy- Physician and 
sician, the persons inoculated or sick therein, the nurses, attendants, "au^^o be'su1> ' 
and all persons, who shall approach or come within the limits of the ject'to board of 
same, and all such furniture and other articles, as shall be used or i7g2'58 §4 
brought there, shall be subject to such regulations, as may be made 
by the board of health, or the committee appointed for that purpose. 

Sect. 40. When the small pox, or any other disease dangerous Hospitals shall 
to the public health, shall break out in any town, the selectmen or provXd^'wh^ 
board of health thereof shall immediately provide such hospital or the small pox 
place of reception for the sick and infected, as they shall judge best expectediy ""' 
for their accommodation and the safety of the inhabitants ; and such 1792, 58, § 5. 
hospitals and places of reception shall be subject to the regulations of 
the board of health, in the same manner as is hereinbefore provided for 
established hospitals ; and the board of health shall cause such sick 
and infected persons to be removed to such hospitals or places of 
reception, unless the condition of the sick person be such as not to 
admit of removal without danger of life ; in which case, the house or 
place, where the sick shall remain, shall be considered as an hospital, 
to every purpose before mentioned ; and all persons residing in, or in 
any way concerned with the same, shall be subject to the regulations 
of the board of health as before provided. 

Sect. 41. When the small pox, or any other disease dangerous When select- 
to the public health, is found to exist in any town, the selectmen and l^o'tfce'^by fuTtt- 
board of health shall use all possible care to prevent the spreading of able signals. 
the infection, and to give public notice of infected places to travel- ' >^^' y°" 
lers, by displaying red flags at proper distances, and by all other 
means, which in their judgment shall be most effectual for the com- 
mon safety. 

Sect. 42. If any physician or other person, in any of the hospi- Penalty on phy- 
tals or places of reception before mentioned, or who shall attend, ap- others^ for vio- 
proach or be concerned with the same, shall violate any of the regu- lating regiua- 
lations lawfully made in relation thereto, either with respect to him- ^^^^ 53 § 6. 
self, or his or any other person's property, the person so offending 
shall, for each offence, forfeit a sum not less than ten nor more than 
one hundred dollars. 

Sect. 43. When any householder shall know that any person Every house- 
within his family is taken sick of the small pox, or any other disease Jlotfce'^of s^ali 
dangerous to the public health, he shall immediately give notice there- pox in his 
of to the selectmen or board of health of the town in which he dwells ; ^7^2,^53^ § 7. 
and if he shall refuse or neglect to give such notice, he shall forfeit a 
sum not exceeding one hundred dollars. 

Sect. 44. When any physician shall know that any person, Penalty on phy- 
whom he is called to visit, is infected with the small pox, or any other gfvTng no°Le°of 
disease dangerous to the public health, such physician shall immedi- small pox, &c. 
ately give notice thereof to the selectmen, or board of health of the ^^^'^> ^^^- 



214 



Chap. 21. Sect. 45—49. 



[part I. 



Towns may 
provide for in- 
oculation of in- 
habitants and 
defray ex- 
penses. 
1809, 117, §2. 

All penalties, 
forfeited to 
town and recov- 
erable by 
treasurer. 



Selectmen, &c. 
to assign 
places for offen- 
sive trades. 
1785, 1. 



If such place 
become a nui- 
sance, court of 
common pleas 
may revoke, 
&c. 
1785,1. 



Action for dam- 
ages from nui- 
semces. 
1799, 75, $ 2. 



town in which the diseased person may be ; and every physician, 
who shall refuse or neglect to give such notice, shall forfeit for each 
offence a sum not less than fifty nor more than one hundred dollars. 

INOCULATION WITH THE COW POX. 

Sect. 45. Each town may, at any meeting, make suitable pro- 
vision for the inoculation of the inhabitants with the cow pox, under 
the direction of the board of health of each town or of a committee 
chosen for that purpose ; and they shall raise all necessary sums of 
money, to defray the expenses of such inoculation, in the same man- 
ner as other town charges are paid. 

Sect. 46. All forfeitures, under the preceding sections of this 
chapter, shall enure to the use of the town where the offence shall 
have been committed ; and they may be recovered by the treasurer, 
as provided in the fifteenth chaj)ter, on complaint before the police 
court of such town, or before any justice of the peace of the county, 
in which the offence shall have been committed. 

offensive trades. 

Sect. 47. The selectmen of every town, and the mayor and al- 
dermen of the city of Boston, respectively, when they shall judge it 
necessary, shall, from time to time, assign certain places for the exer- 
cising of any trade or employment, offensive to the inhabitants, or 
dangerous to the public health ; and they shall forbid the exercise of 
either of them in places not so assigned ; and all such assignments 
shall be entered in the records of the town or city ; and they may 
be revoked, when the town or city officers shall think proper. 

Sect. 48. When any place or building so assigned shall become 
a nuisance, by reason of offensive smells or exhalations proceeding 
from the same, or shall become otherwise hurtful or dangerous to the 
neighborhood or to travellers, and the same shall be made to appear, 
on a trial before the court of common pleas for the county, upon a 
complaint made by the board of health or by any other person, the 
said court may revoke such assignment, and prohibit the further use of 
such place or building, for the exercise of either of the aforesaid 
trades or employments, and may cause such nuisances to be removed 
or prevented. 

Sect. 49. Any person, injured either in his comfort or the en- 
joyment of his estate, by any such nuisance, may have an action on 
the case, for the damage sustained thereby ; in which action, the de- 
fendant may plead the general issue and give any special matter in 
evidence. 



CHAPTER 22. 

REGULATIONS CONCERNING THE PRACTICE OF PHYSIC AND SURGERY. 



Section 

1. Massachusetts medical society shall 
prescribe and annually publish a course 
of medical instruction. 



Section 

2. Counsellors of the society shall appoint 
censors. 

3. State divided into four districts. 



TITLE IX.] 



Chap. 



Sect. 1 — 6. 



215 



Section 

4. Censors shall examine candidates and 

give letters testimonial. 
6. Penalty, if censors unreasonably refuse 

to examine. 

6. Payment of fees prerequisite to license. 

7. Practitioners from other states, may be 
licensed, provided, &c. 

8. Licentiates, to file certificates with 
town clerks, in certain cases. 



Section 

9. Physicians, &c., ma}' have dead bodies 
in their possession. 

10. Overseers of the poor may deliver up 
dead bodies to physicians in certain 
cases. 

11. No dead body shall be delivered up, if 
claimed, &c. 

12. Physicians, &.C., to give bond on re- 
ceiving a dead body. 



Section 1. The Massachusetts Medical Society shall, from Massachusetts 
time to time, prescribe such a course of medical and surgical instruc- ghaii'prescribe*^ 
lion, and such qualifications, as they shall judge requisite, for candi- and annually 
dates for the practice of physic or surgery, and shall cause the same of medicaHn-^^ 
to be published annually, in one or more newspapers in each medical struction. 
district, provided for in the third section. ^^^^' '^^' 

Sect. 2. The counsellors of the said society, at their first meet- Counsellors of 
ing, in every year, after the annual meeting of the society, shall ap- alfpohncrasors' 
point not less than twenty censors or examiners, from among the 1818, lis. 
fellows of said society, to wit ; five in each of the districts mention- 
ed in the following section ; and the five in each of said districts, 
respectively, shall constitute a separate board of censors. 

Sect. 3. For the purpose aforesaid, the state shall be divided into State divided 
four districts, to be entitled, respectively, the first, second, third and '("'"ts^"""^ '^'^ 
fourth medical districts ; and the first medical district shall include the 1818,113. 
counties of Suffolk, Essex, Middlesex, Norfolk, Bristol, Plymouth, 
Barnstable, Duke's county, and Nantucket ; the second district shall 
include the county of Worcester ; the third district shall include the 
counties of Franklin, Hampden and Hampshire ; and the fourth dis- 
trict shall Include the county of Berkshire ; the meetings of the cen- 
sors shall be held in these districts, respectively, in such places, and 
at such stated periods, as the counsellors of the society may direct ; 
and the said counsellors shall be authorized to subdivide or alter any 
of the said districts, and to make new districts, and appoint censors 
therein, whenever the public good may appear to require it. 

Sect. 4. The said censors, at their stated meetings, in each of Censors shall 
the said districts, shall examine all who shall offer themselves to be date™' Md^^te 
approved as practising physicians or surgeons, who have received letters testimo- 
such an education, as is or may be from time to time prescribed by "gQJ 123 s« 
the regulations of the said society, and who are duly qualified as can- 3.4.' 
didates for such examination ; and every candidate, who shall be ap- 
proved by the censors, shall be entitled to letters testimonial, under 
their hands, of their approbation, and of their license to practise 
physic or surgery, or both ; which letters shall also be sealed with 
the seal of the society, and shall be signed by the president and 
secretary thereof. 

Sect. 5. If the said censors shall unreasonably refuse to exam- Penalty if cen- 
ine any person, who is duly qualified for such examination, they shall biy refosTto"*" 
severally forfeit a sum not exceedins: four hundred dollars, to be examine, 
recovered by such candidate to his own use. ' ' ^ ' 

Sect. 6. No person shall be entitled to his letters of license, Payment of 
until he shall pay such reasonable fees, as shall be established by the to^iL'ens'e.'''^*' ^ 
society to be paid for such examination and letters of license. 1^88, 49, $ 1. 



216 Chap. 22. Sect. 7—12. [part i. 

Practitioners Sect. 7. When any person, who has been educated to the prac 

states°may be ^^^^ °^ physic OF surgery, in any place out of this state, and who has 
licensed, pro- come into this State to pursue the same, shall present himself to either 
1818 ns.* °^ ^^^ ^^^^ boards of censors, as a candidate for their approbation or 
license, if they are satisfied that he has received an education equiva- 
lent to that prescribed by the regulations, which have been or may be 
established by said society, and that he has been duly examined and 
approved by some competent authority, they may license him to 
practise physic or surgery, or both, as the case may be, without sub- 
jecting him to a new examination. 
Licentiates, Sect. 8. Every person, who has been licensed to practise 

cates^with"^' plijsic or surgery, since the year one thousand eight hundred and 
town clerks, in eighteen, or who shall hereafter be so licensed, shall deposite a copy 
isi'fisT*^^ °^ ^^^ license with the clerk of the town, in which such licentiate 
may reside ; and the said clerk shall file in his office such copy, at- 
tested by him with his certificate thereon of the time when the same 
was so deposited ; for which he shall receive from the hcentiate the 
sum of fifty cents. 
Physicians, &c. Sect. 9. Any physiciau or surgeon, duly qualified according to 
btfd^es^in^thetr^ ^^^ ^^^ o^ ^^^^^ Commonwealth, or any medical student, under the 
possession. authority of any such physician, may have in his possession human 
' '^ ' dead bodies, or the parts thereof, for the purposes of anatomical 
inquiry or instruction. 
Overseers of the Sect. 10. Either of the following boards of officers, to wit, the 
deliver up' dea^ Selectmen, the board of health, the overseers of the poor, or the di- 
bodies to physi- rcctors of workhouses, or directors of the house of industry, or mayor 
c'^ses/" *'®'^'*'" and aldermen of the city of Boston, may surrender the dead bodies 
1830, 57, ^ 3. of such persons, as are required to be buried at the public expense, 
to any regular physician, duly qualified according to law, to be by 
him used for the advancement of anatomical science ; preference be- 
ing always given to the medical schools by law established in this 
state, for their use in the instruction of medical students. 
No dead body Sect. 11. No such dead body shall in any case be so surrender- 
ed up, if claim- ed, if the deceased person, during his last sickness, requested to be 
issn^^7 & 'i buried, or if, within twenty four hours after his death, any person, 
1834^ 187. claiming to be of kindred or a friend to the deceased, and satisfying 

the proper board thereof, shall require to have the body buried, or if 
such deceased person was a stranger or traveller, who suddenly died 
before making himself known ; but the dead body shall in all such 
cases be buried. 
Physicians &c. Sect. 12. Every physician shall, before receiving such dead 
rec?iving°a °" body, give to the board of officers, surrendering the same to him, a 
dead body. sufficient bond, that each body, so by him received, shall be used 
1834.^ 187 6 3. ^"^7 ^^^ the promotion of anatomical science, and that it shall be us- 
ed for such purpose within this state only, and so as in no event to 
outrage the public feeling ; and that, after having been so used, the 
remains thereof shall be decently buried. 



TITLE X.] 



Chap. 23. 



217 



TITLE X. 



CHAPTER 23. 



OF PUBLIC INSTRUCTION. 



Section 

of the public schools. 

1. What schools shall be provided by 

towns of 50 families. 

2. " « 100 " 

3. " " 150 •' 

4. " " 500 •' 

5. Additional school in towTis of 500 fami- 
lies ; except, &c. — in towns of 4000 in- 
habilEints. 

6. Towns of less than 500 families, au- 
thorized to maintain school, &c. 

7. Duty of instructors in colleges, &c. 

8. " ministers and town officers. 

9. Towns may raise money for schools. 

10. School committee to be chosen annually. 

11. Duty of committee, where school is 
kept for benefit of all the inhabitants. 

12. School committees, additional members 

of in towns of more thcin 4000 
inhabitants. 

13. " to examine as to queJifications 

of instructors. 

14. Instructors, not to be paid unless the 
committee certify, &c. 

15. Committee, to decide on admission of 

scholars into school kept for 
the whole town. 
16 " to visit all the district 

schools. 

17. Authority of committee as to school 
books. 

18. Scholars to be supplied by their pa- 
rents, &c., with the books prescribed. 

19. Books maybe provided by school com- 

mittee. 

20. " to be furnished to scholars at 
expense of the town. 

21. Expense of books so supplied, to be 
taxed to parents, &c. 

22. If parents, &c., are unable to pay, such 
tax for books may be wholly or partially 
omitted. 

23. Books not to be bought, which favor 
any particular sect of cliristians. 

SCHOOL DISTRICTS. 

24. School districts, formation of in each 
town. 

28 



Section 

25. Prudential committee in each district. 

26. " " may be chosen 

by the districts. 

27. Clerk shall be chosen and sworn, who 
shall keep records, &c. 

28. Districts may raise money for the erec- 
tion of houses Emd other purposes'^may 
fix the site of school houses. 

29. Clerk liable only for want of integrity ; 
district for illegality in assessing taxes. 

30. Selectmen, to determine the places for 
school houses, in case, &c. 

31. If prudential committee is not chosen, 
town committee shall perform his duties. 

32. Towns may provide school houses, &c., 
at common expense. 

33. Where personal and real estate may be 
taxed. 

34. Property in manufacturing corporations, 
where taxed. 

35. Non residents' estate, where taxed. 

36. All lands of any non-resident, to be 
taxed in one district. 

37. School taxes assessed in same manner 
as town taxes. 

38. Assessors, to issue warrants to collect- 
ors. 

39. Money raised, to be at the disposal of 
committees. 

40. Collectors, to have same power as in 
case of town taxes. 

41. Treasurers, to have Hke powers, as in 
case of town taxes. 

42. Assessors, &.C., to have same compen- 
sation as in case of town tcixes. 

43. Assessors may abate, as in town taxes. 

44. If inhabitants of district refuse to raise 
money, the town may order it. 

45. If districts neglect to establish schools, 
town committee may do it. 

46. Selectmen or prudential committee may 
issue warrants for district meetings. 

47. Manner of warning meetings. 

48. The districts may direct the mode of 
calling meetings. 



218 



Chap. 23. Sect. 1—5. 



[part I. 



Section 

contiguous school districts in adjoin- 
ing towns. 

49. Contiguous districts, of adjoining towns, 
may unite themselves into one. 

50. No such union to be formed without 
consent of the districts eind towns. 

51. United districts may be again separa- 
ted. 

52. First and other meetings of united dis- 
tricts, how called. 

53. Prudential committee to be chosen. 

54. Moneys raised, to be in proportion, ifcc. 

55. Moneys to be assessed by assessors of 
respective towns. 

56. School committees of adjoining towns, 
to officiate alternately, &c. 

GENERAL PROVISIONS. 

57. School districts, to be corporations for 
certain purposes. 

58. Same subject. 

69. Provisions of this chapter not to affect 
funds, &c., of corporations for support- 
ing schools. 

60. Forfeiture, if towns neglect to raise 
money for schools ; and how appropria- 
ted. 



Section 

61. School committee, &c., to receive and 
appropriate sums forfeited. 

SCHOOL RETURNS. 

62. School committees, to make returns to 
the secretary. 

63. Returns respecting the school districts. 

64. Returns respecting all the schools of a 
town. 

65. Secretary, to furnish tovras with blank 
forms of returns. 

DISTRIBUTION OF THE SCHOOL FUND. 

66. No allowance of school fund to tovras 
neglecting to make returns, or to raise 
a sum of money equal, &c. 

67. Manner of apportioning school fund, 
among towns. 

68. Allowance to the Marshpee Indians. 

REGULATIONS IN FURTHERANCE OF THE 
DISCIPLINE OF COLLEGES. 

69. Innholders, &c., not to give credit to 
under graduates, except, <fec. 

70. Licenses not to be granted to persons 
violating, &c. 

71. Penalty for giving such credit. 



What schools 
shall be provid- 
ed by towns of 
50 families. 
1826, 143, § 1. 



—of 100 fami- 
lies. 
1826, 143, § 1. 



— of 150 fami- 
lies. 
1826, 143, § 1. 



—of 500 fami- 
lies. 
1826, 143, § 1. 



Additional 
school in towns 
of 500 families, 
except, &c. 
16 Mass. 141. 



OF THE PUBLIC SCHOOLS. 

Section 1. In every town, containing fifty families or house- 
holders, there shall be kept in each year, at the charge of the town, 
by a teacher or teachers of competent ability and good morals, one 
school for the instruction of children in orthography, reading, writing, 
English grammar, geography, arithmetic, and good behavior, for the 
term of six months, or two or more such schools, for terms of time, 
that shall together be equivalent to six months. 

Sect. 2. In every town, containing one hundred families or 
householders, there shall be kept in each year one such school, for 
the term of twelve months, or two or more such schools, for terms 
of time, that shall together be equivalent to twelve months. 

Sect. 3. In every town, containing one hundred and fifty fam- 
ilies or householders, there shall be kept in each year two such 
schools, for nine months each, or three or more such schools, for 
terms of time, that shall together be equivalent to eighteen months. 

Sect. 4. In every town, containing five hundred families or 
householders, there shall be kept in each year two such schools for 
twelve months each, or three or more such schools, for terms of 
time, that shall together be equivalent to twenty four months. 

Sect. 5. Every town, containing five hundred families or house- 
holders, shall, besides the schools prescribed in the preceding sec- 
tion, maintain a school, to be kept by a master of competent ability 
and good morals, who shall, in addition to the branches of learning 
before mentioned, give instruction in the history of the United States, 
book-keeping, surveying, geometry and algebra ; and such last men- 



TITLE X.] Chap. 23. Sect. 6 — 12. 219 

tioned school shall be kept for the benefit of all the inhabitants of the 

town, ten months at least, exclusive of vacations, in each year, and 

at such convenient place, or alternately at such places in the town, 

as the said inhabitants at their annual meeting shall determine ; and, in 

every town containing four thousand inhabitants, the said master shall, —in towns of 

in addition to all the branches of instruction, before required in this "^^00 inhabi- 

chapter, be competent to instruct in the Latin and Greek languages, i826, 143, § i. 

and general history, rhetoric and logic. 

Sect. 6. Any town, containing less than five hundred families Towns of less 
or householders, may establish and maintain such a school, as is first I'es^aiithorize'd 
mentioned in the preceding section, for such term of time, in any to maintain 
year, or in each year, as they shall deem expedient. school, &c. 

Sect. 7. It shall be the duty of the president, professors, and Duty ofinstmc- 
tutors of the university at Cambridge, and of the several colleges, ^"""^ '° colleges, 
and of all preceptors and teachers of academies, and all other in- Constitution, 
structors of youth, to exert their best endeavors, to impress on the ^'j]3 f^" 
minds of children and youth, committed to their care and instruction, " ' ' 
the principles of piety, justice, and a sacred regard to truth, love to 
their country, humanity and universal benevolence, sobriety, industry, 
and frugality, chastity, moderation, and temperance, and those other 
virtues, which are the ornament of human society, and the basis upon 
which a republican constitution is founded ; and it shall be the duty 
of such instructors to endeavor to lead their pupils, as their ages and 
capacities will admit, into a clear understanding of the tendency of 
the above mentioned virtues to preserve and perfect a republican 
constitution, and secure the blessings of liberty, as well as to promote 
their future happiness, and also to point out to them the evil tendency 
of the opposite vices. 

Sect. S. It shall be the duty of the resident ministers of the Duty of minis- 
gospel, the selectmen, and the school committees, in the several officers"' *°^" 
towns, to exert their influence, and use their best endeavors, that the 1826, 143, § 3. 
youth of their towns shall regularly attend the schools established for 
their instruction. 

Sect. 9. The several towns are authorized and directed, at their Towns may 
annual meetings, or at any regular meeting called for the purpose, to scj,o^o"°"*^'^ 
raise such sums of money, for the support of the schools aforesaid, as 1826,143, §4. 
they shall judge necessary ; which sums shall be assessed and col- 
lected in like manner as other town taxes. 

Sect. 10. The inhabitants of every town shall, at their annual School commit- 
meeting, choose, by written ballots, a school committee, consisting sen^nnuaHy."' 
of three, five, or seven persons, who shall have the general charge 1826, 143, § 5. 
and superintendence of all the public schools in such town. 

Sect. 11. In any town, containing five hundred families, and in Duty ofcom- 
which a school shall be kept for the benefit of all the inhabitants, as ™ho*o?is"kep^ 
before provided in this chapter, the school committee, chosen under for benefit of all 
the preceding section, shall perform all the hke duties, in relation to isls^'ils.'^"'^" 
such school, the house where it shall be kept, and the supply of all 
things necessary therefor, which the prudential committee of a school 
district may perform in such district. 

Sect. 12. Any town, containing more than four thousand inhab- Additional 
itants, may choose an additional number, not exceeding six, on such ^rtain towis. 
committee. 1826,143, §5. 



220 



Chap. 23. Sect. 13- 



[PART I. 



School commit- 
tee, to examine 
into the qualifi- 
cations of in- 
structors. 
1826, 143, § 5. 

Instructors not 
to be paid un- 
less the commit- 
tee certify, &-C. 



Committee to 
decide on ad- 
mission of 
scholars into 
school kept for 
the whole town. 
1826, 143, $ 5. 



Committee, to 
visit all the dis- 
trict schools. 
1826, 143, § 5. 



Authority of 
committee as to 
school books. 
1826, 143, § 7. 

Parents, &c., 
to supply the 
books prescrib- 
ed. 
1826, 143, § 7. 

Books may be 
provided by the 
school commit- 
tee. 

13 Pick. 229. 
1826, 143, § 7. 



Books to be 
furnished, &c., 
at expense of 
the town. 
1826, 143, § 7. 

Expense of 
books so sup- 
plied, to be 
taxed to pa- 
rents, &c. 
1826, 143, § 7. 



If parents are 
unable to pay, 



Sect. 13. The school committee shall require full and satisfac- 
tory evidence of the good moral character of all instructors, who may 
be employed in the public schools in their town, and shall ascertain, 
by personal examination, their literary qualifications and capacity for 
the government of schools. 

Sect. 14. Every instructor of a town or district school shall ob- 
tain, of the school committee of such town, a certificate in duplicate, 
of his qualifications, before he opens such school, one of which shall 
be filed with the town treasurer, before any payment is made to 
such instructor on account of his services. 

Sect. 15. The school committee shall determine the number 
and qualifications of the scholars, to be admitted into the school, kept 
for the use of the whole town, as aforesaid, and visit such school, at 
least quarter yearly, for the purpose of making a careful examination 
thereof, and of ascertaining that the scholars are properly supplied with 
books ; and they shall, at such examination, inquire into the regula- 
tion and discipline of the school, and the habits and proficiency of the 
scholars therein. 

Sect. 16. The school committee, or some one or more of 
them, shall, for the purposes aforesaid, visit each of the district 
schools in their town, on some day during the first or second week 
after the opening of such schools, respectively, and also on some day 
during the two weeks preceding the closing of the same ; and shall 
also, for the same purposes, visit all the schools kept by the town, 
once a month, without giving previous notice thereof to the in- 
structors. 

Sect. 17. The school committee of each town shall direct 
what books shall be used in the several schools kept by the town ; 
and may direct what books shall be used in the respective classes. 

Sect. 18. The scholars at the town schools shall be supplied 
by their parents, masters or guardians, with the books prescribed for 
their classes. 

Sect. 19. The school committee of each town may procure, 
at the expense of the town, or otherwise, a sufficient supply of such 
class books, for all the schools aforesaid, and shall give notice of the 
place, where such books may be obtained ; and the books shall be 
supplied to the scholars, at such prices, as merely to reimburse the 
expense of the same. 

Sect. 20. In case any scholar shall not be furnished by his 
parent, master, or guardian, with the requisite books, he shall be 
supplied therewith by the school committee, at the expense of the 
town. 

Sect. 21. The school committee shall give notice, in writing, 
to the assessors of the town, of the names of the scholars so supplied 
by them with books, and of the books so furnished, the prices there- 
of, and the names of the parents, masters or guardians, who ought to 
have supplied the same ; and said assessors shall add the price of the 
books so supplied, to the next annual tax of such parents, masters 
or guardians ; and the amount so added shall be levied, collected, 
and paid into the town treasury, in the same manner as the town 
taxes. 

Sect. 22. In case the assessors shall be of opinion, that any 



TITLE X.] Chap. 23. Sect. 23 — 29. 221 

such parent, master or guardian is unable to pay the whole expense such tax may be 
of the books so supplied on his account, they shall omit to add the Jj^j""^ °- ^ T 
price of such books, or shall add only a part thereof, to the annual 182^, 143, 1 7. 
tax of such parent, master or guardian, according to their opinion of 
his ability to pay. 

Sect. 23. The school committee shall never direct to be pur- Books not to be 
chased or used, in any of the town schools, any school books, which ^°y^^^ which^ 
are calculated to favor the tenets of any particular sect of christians, tieuiar sect of 

christians. 
SCHOOL DISTRICTS. 1826, 143, § 7. 

Sect. 24. The inhabitants of every town may, at any town School districts, 
meeting, to be called for that purpose, divide their town into school [""acilTown 
districts, and determine the limits of such districts ; or they may, if 12 Pick. 206.' 
they think it expedient, carry into effect the provisions of this chap- 5 j^' 323" 
ter, without forming such districts. 1826, 143, §2. 

Sect. 25. Every town, which is or may be divided into school Prudential 
districts, shall, at their annual meeting, in addition to the school com- committee in 
mittee for the town, choose one person, resident in each school dis- n Pick. 260. 
trict, to be a committee for that district, and to be called the pruden- ^^~^> ^'^> § ^• 
tial committee ; who shall keep the school house of such district in 
good order, at the expense of the district ; and, in case there be no 
school house, provide a suitable place for the school of the district, 
at the expense thereof; provide fuel, and all things necessary for the 
comfort of the scholars therein ; select and contract with a school 
master for the district ; and give such information and assistance to 
the school committee of the town, as may be necessary to aid them 
in the discharge of the duties required of them. 

Sect. 26. In any town, which shall so determine, the said pru may be 

dential committee may be chosen by the inhabitants of the several ^I'sl^fcts'''^ ^^^ 
school districts, to which they respectively belong, in such manner 1826, 143, §6. 
as the district may direct. 

Sect. 27. The inhabitants of each school district, qualified to Clerk shall be 
vote in town affairs, shall choose a clerk, who shall be sworn to the '^^°^^'^ *"'' 

sworn who 

faithful discharge of the duties of his office, by the moderator, in open shall keep 
meeting, or by any justice of the peace, and who shall make a fair \%f'^i4^l\Q 
record of all votes, passed at any meeting of the district, and certify 
the same when required, and who shall hold his office until another 
shall be chosen and sworn in his stead. 

Sect. 28. The said inhabitants may, at any meeting called for Districts may 
that purpose, raise money for erecting or repairing school houses in [he^erecdoYof ' 
their respective districts ; for purchasing or hiring any buildings to houses and 
be used as school houses, and land for the use and accommodation May^flx"^^"^^^ 
thereof ; for purchasing fuel, furniture, and other necessary arti- the site of 
cles for the use of schools ; they may also determine, in what part of 1829° iie"*^^' 
their respective districts such school houses shall stand, and may 
choose any committee to carry into effect the provisions aforesaid ; 
and they may also, by the prudential committee of the district, select, 
contract with, and employ, an instructor for each school in the dis- 
trict. 

Sect. 29. The clerk of a school district shall be answerable Clerk liable 
only for want of integrity on his own part ; and, if he shall certify i'n"'e^grityTdis-*'^ 
truly, to the assessors of the town, the votes of the district, for rais- trict for iiiegaii- 



222 Chap. 23. Sect. 30—38. [part i. 

ty, in assessing- ing by a tax any sum of money, the district shall be liable, in case of 

lo^'plck. 543. ^"y illegality in the proceedings, which may have been had, in rela- 

11 Pick. 456. tion to raising such money. 

Selectmen to Sect. 30. If any school district cannot determine where to 

determine the place their school housc, the selectmen of the town, to which the 

d1slc6S lor ■*,, .. 

school houses, district belongs, upon application made to them, by the committee 
i82fi ^143^^ 15 8ppoi"ted to build or procure the school house, or by five or more 
1829^ lie! of the legal voters of the district, shall determine where such school 

house shall be placed. 
Duties of pru- Sect. 31. In all cases, where a prudential committee shall not 
feTtirbe°p'e"-'*' ^^ chosen for any school district, the school committee of the town 
formed by town shall perform all the duties of the prudential committee thereof. 
care"&cf' ^° Sect. 32. The inhabitants of every town may, if they shall 
Towns may think it expedient, carry into effect the provisions of the twenty 
provide school eighth scction, at the common expense of the town, so far as relates 
the common to providing school houses for the several school districts of the 
expense. town ; and the town in such case may, at any legal meeting, raise 

1829' lie! * money and adopt all other proper measures for this purpose. 
Where personal Sect. 33. In raising and assessing money in the several school 
^h1i7^' ^^^T^ districts, every inhabitant of the district shall be taxed, in the district 

5 Mass. 380. in which he lives, for all his personal estate, and for all the real 
1826, 143, § 11. estate which he holds in the town, being under his own actual im- 
provement ; and all other of his real estate, in the same town, shall be 
taxed in the district in which it lies. 

Property in Sect. 34. In the assessment of all taxes, pursuant to the pre- 

manulacturinff ,. . n i i i • i i • V 

corporations, cedmg scction, all real estate and macninery, belonging to manulac- 

1834^ i-rr^*^' turing corporations, shall be taxed in the school districts where the 

' ' same are situated ; and in assessing the shares in such corporation, 

for the like purposes, the value of said machinery and real estate 

shall be first deducted from the value of such shares. 

Non-residents' Sect. 35. Whenever the real estate of a non-resident owner 

taxed.' ^ ^^^ shall be taxed to such owner, it may be taxed in such district as the 

1826, 143, § 11. assessors of the town shall determine ; and the said assessors, before 

they assess a tax for any district, shall determine in which district the 

lands of any such non-resident shall be taxed, and certify in writing 

their determination to the clerk of the town, who shall record the 

same ; and such land, while owned by any person, resident without 

the limits of the town, shall be taxed in such district accordingly, 

until the town shall be districted anew. 

Lands of any Sect. 36. All the lands, within any town, owned by the same 

non-resident to i- • i • i n i i • i ' t • 

be taxed in one person, not livmg therein, shall be taxed m the same district. 
?Qo^'^'■^<5 ^11 Sect. 37. The assessors of the town shall assess, in the same 
School taxes as- manner as town taxes are assessed, on the polls and estates oi the m- 
sessed in same habitants of each school district, and on all lands liable to be taxed 

manner as town , . „ • i n i ■ • i i i • i i • 

taxes. therein, as aioresaid, all moneys voted to be raised by the inhabitants 

1826^^ ul^^fi 11 °^ ^^'*"'^ districts, for the purposes aforesaid ; and such assessment 
' ' shall be made within thirty days after the clerk of the district shall 
certify to said assessors the sum voted by the district to be raised. 
Assessors to is- Sect. 38. The Said assessors shall make a warrant, substantial- 
sue warrants to ]y [^ ^be form heretofore used, except that a seal shall not be requir- 

collectors. "^ * *■ 

1826, 143, § 11. ed thereto, directed to one of the collectors of the town, to which 

6 Pick. 496. gypb district belongs, requiring him to collect the tax so assessed, and 



TITLE X.] Chap. 23. Sect. 39—47. 223 

to pay the same to the treasurer of the town, within a time to be li- 12 pick. 214. 
mited in the warrant ; and a certificate of the assessment shall be 
made by the assessors, and delivered to the said treasurer. 

Sect. 39. The money so collected and paid shall be at the dis- ^"^"e^i^^if^fg 
posal of the committee appointed by the district, to be by them ap- posai of com- 
plied to the building or repairing of school houses, or to the purchase ^i'p'^h^ 
of buildings, to be used as school houses, or to the purchase of land, ' » v • 
for the sites of school houses, as before provided, and according to 
the votes or directions of the inhabitants of the district. 

Sect. 40. Every collector, in collecting such tax, shall have the Collectors to 
same powers, and proceed in the same manner, as is bylaw provided er as InTase^f 
in collecting town taxes. town taxes. 

Sect. 41. The treasurer of any town, to whom a certificate of Trcl'sirert'o^^' 
the assessment of a district tax shall be transmitted as aforesaid, shall have like pow- 
have the like authority, to enforce the collection and payment of the of\'„^vj,'"axes^ 
money, so assessed and certified, as in the case of moneys raised by 1826, 143, § 12. 
the town, for the use of the town. 

Sect. 42. The assessors, treasurer and collector shall have the Assessors, &c. 

1 r • 11 ^' J • to have same 

same compensation, respectively, lor assessing, collecting and paying compensation 
out all moneys, assessed for the use of a school district, as is allowed as those of 
by the town, for the like services in respect to town taxes. 1826,^143, § 12. 

Sect. 43. The assessors of the several towns shall have the same Assessors may 
power to abate the tax, or any part thereof, assessed on any inhabit- abate, as m 

town tcixGS. 

ant of a school district, as they have to abate any town taxes. i82G, 143. 

Sect. 44. Whenever a meeting of the inhabitants of any school ifinhabitants of 

• district rGiusc 

district shall be called, for the purpose of raising money, and a ma- to raise money, 
jority of the voters present shall be opposed to the raising of the mo- town may order 
ney, any five inhabitants of such school district, who pay taxes, may ig2G, 143, ^ 16. 
make application in writing to the selectmen of the town, in which 1834, 153, § 6. 
the school district is situated, requesting them to insert, in their war- 
rant for the next town meeting, an article requiring the opinion of the 
town relative to the expediency of raising such moneys as were pro- 
posed in the warrant for said district meeting ; and if the majority of 
the voters, present in such town meeting, shall think the raising of any 
of the sums of money, proposed in said warrant, to be necessary and 
expedient, they may vote such sum as they shall think necessary for 
the said purposes, and the same shall be assessed on the polls and 
estates of the inhabitants of such district, and be collected and paid 
over, in the manner before provided. 

Sect. 45. If any school district shall neglect or refuse to estab- if districts ne- 
lish a school and employ a teacher for the same, the school commit- fs^schods^ ' 
tee of the town may establish such school, and employ a teacher there- towi committee 
for, as the prudential committee might have done. may con. 

Sect. 46. The selectmen of the several towns, divided into Selectmen or 
school districts as aforesaid, and the prudential committee of every mUtee"ma3'^°'"* 
such district, upon application made to them, respectively, in writ- issue warrants 
ing, by three or more residents in any district, who pay taxes, shall meetings'! 
issue their warrant, directed to one of the persons making such appli- 1826, 143, § 14. 
cation, requiring him to warn the inhabitants of such district, qualified ' 
to vote in town affairs, to meet at such time and place in the same 
district, as shall be expressed in the warrant. 

Sect. 47. The warning aforesaid shall be given seven days at Manner of 



224 Chap. 23. Sect. 48— 56. [parti. 

warning meet- least before the time appointed for the meeting, and shall be either by 
4^S-eeni 46 personal notice to every inhabitant of the district, qualified to vote in 
14 Mass. 315. town affairs, or by leaving, at his last and usual place of abode, a writ- 
1826, 143, § 14. ^gj^ notification, expressing therein the time, place, and purpose of 
the meeting, unless the district shall prescribe another mode of warn- 
ing their meetings. 
The districts Sect. 48. Every school district may, at any regular meeting, 

moL*^o7caliinff having an article in the warrant for that purpose, prescribe the mode 
meetings. of waming all future meetings of the district ; and they may also di- 

I826'*i43^'l4. ^^^^ ^y whom and in what manner such meetings shall be called. 
1834^ no. 

CONTIGUOUS SCHOOL DISTRICTS IN ADJOINING TOWNS. 

Contiguous dis- Sect. 49. Where two or more contiguous school districts, in 
ingtownf may adjoining towns, are too small to maintain schools ac . antageously in 
unite themselves each, such districts may, if they see fit, unite and form one district, 
1834,°153 § 1. wi^'^ all the powers and privileges, and subject to all the liabilities, 
which now are, or hereafter may be, allowed or prescribed in regard 
to school districts. 
No such union Sect. 50. No distHcts shall t. so united, unless the inhabitants 
withoutTonsent °^ ^^^^ shall, at legal meetings called for the purpose, agree thereto ; 
of the districts nor, unlcss the respective towns shall, at legal town meetings called 
im'lisis^ $ 1. ^^^ the purpose, assent to the same ; and when any such vote shall be 
passed by any school district, the clerk thereof shall forthwith send 
a certified copy of said vote to the clerk of his town. 
United districts Sect. 51. Whenever the voters in such united district shall, at 
^parated?^*" any legal meeting called for the purpose, deem it expedient to sepa- 
1834, 133, § 1. rate, and again form two or more districts, they may so do, first ob- 
taining the consent of the respective towns. 
Meetings of Sect. 52. The first meeting of such united district shall be call- 

how^caiied."^'^' ed in such manner as may be agreed upon by the respective districts, 
at the time of forming the union ; and the united district may, from 
time to time thereafter, prescribe the mode of calling and warning 
the meetings, in like manner as other school districts may do. 
Prudential com- Sect. 53. Such district, at the first meeting, and annually there- 
chosen, after, shall choose a prudential committee, who shall receive and ex- 
1834, 153, § 2. pend the money, raised and appropriated in each town, for said united 
district, and shall possess all the powers, and discharge all the duties, 
allowed or prescribed to the prudential committees of other districts. 
Moneys raised Sect. 54. The inhabitants of every such united district shall, 
tion, &c at the time of voting to raise such moneys, determine the amount to 
1834, 153, ^ 3. be paid by the inhabitants in each town, which shall be in proportion 
to their respective polls and estates ; and the clerk of the district 
shall certify such vote to the assessors of each of the said towns. 
— tobeassessed Sect. 55. All moneys, duly voted to be raised by any such 

by assessors of ..... in, i i i r , • 

respective united district, sliall be assessed, by the assessors oi the respective 
1834^153 63 towns, upon the polls and estates of the inhabitants of the district, and 

collected in the same manner, that taxes are assessed and collected in 

other school districts. 
feeSad^d^ng Sect. 56. The respective scliool committees of the towns, from 
towns to offi- which such united district is formed, shall discharge the duties of 
iT&c^'^*'™^'^' school committees for the district, in alternate years, commencing 
1834, 153, § 4. with the most ancient town. 



TITLE X.] Chap. 23. Sect. 57—63. 225 



GENERAL PROVISIONS. 



Sect. 57. Every school district shall be a body corporate, so School districts 
far as to prosecute and defend in all actions, relating to the property |°ons fo7 certain 
or affairs of the district. purposes. 

Sect. 58. They shall also have power, as a corporation, to take l^Mass. 193. 
and hold, in fee simple or otherwise, any estate, real or personal, me'^i!^"'** 17. 
which has been, or may be given to, or purchased by them, for the 
supporting of a school or schools in the district. 

Sect. 59. Nothing contained in this chapter shall affect the right Provisions of 
of any corporation, which is or may be established in any town, to lo' affect'funds"*; 
manage any estate or funds, given or obtained for the purpose of sup- &c. of corpora- 
porting school? therein, or, in any wise, to affect any such estate or portLe-'^sdK)ois. 
funds ; but sucli corporate powers and such estate and funds shall re- 1826, 143, ^ 18. 
main, as if these provisions had not been enacted. 

Sect. 60. If any towns shall refuse or neglect to raise money Forfeiture if 
for the support of schools, as required by this chapter, such town shall towns neglect 
forfeit a sum, equal to twice the highest sum, which had ever be- forTchoois°"and 
fore been voted for the support of schools therein ; and, if any town how appropria- 
shall refuse or neglect to choose a school committee to superintend i826, 143, § 19. 
said schools, or to choose, for the purposes before mentioned in this 
chapter, prudential committees in their several districts, when it is the 
duty of the town to choose such prudential committee, such town shall 
forfeit a sum not less than one hundred nor more than two hundred 
dollars, which shall be paid into the treasury of the county ; and 
one fourth thereof shall be for the use of the county, and three fourths 
thereof shall be paid by the county treasurer to the school committee 
of such town, if any, and if not, to the selectmen of the town, for the 
support of schools therein. 

Sect. 61. Every such school committee, or board of selectmen. School commit- 
shall forthwith receive, from the treasurer of the county, any money so ce^ve and'ap-' 
payable to them, and shall apportion and appropriate the same, to the propHate sums 
support of the schools of such town, in the same manner it should i826"i43 §19. 
have been appropriated, if it had been regularly raised by the town 
for that purpose. 

SCHOOL RETURNS. 

Sect. 62. The school committees of the several towns and of — tomakere- 
the city of Boston shall, on or before the first day of November, in |"™^ ^° *^"®' 
each year, make official returns, to the secretary of the Common- 1835,138,6 1. 
wealth, of all the public schools in such towns and city, respectively, ' '^ ' 
whether such schools are kept for school districts, or for the common 
benefit of all the inhabitants ; which smd school returns shall be made, 
as is provided in the two following sections. 

Sect. 63. The said school returns shall, so far as respects the Returns re- 
school districts of each town, contain true answers to the following schooTfistricts. 
inquiries concerning said school districts, and shall be made in the 
following form : 

29 



226 



Chap. 23. Sect. 64—65. 



[part I. 



i 

Q 


Childrenatteiiding 
common schools. 


Children not at- 
tending common 
schools any por- 
tion of the year, 
from 4 to 16 years 
of age. 


Time of 
keeping 
school. 


Instruc- 
tors. 


Wages in money 

exclusive of 

board. 


Price of board, 
per week. ~ 


1 

15 

11 

,4 



.a 

m ■ 


Prom 4 to 16 
yrs. of age. 


■a 
c 

|,i 

1-1 

< 


S 


i 


s-4' 
1 


S 
g 




1 


si 
a 
■< 


s 

s .s 


g s 

S £ 

!-. 3 

«> CO 

a. 




1 


m 

1 


S 































Returns re- Sect. 64. The said school returns shall, in addition to the an- 

specting all the swers required by the preceding section, concerning the school dis- 
towii?^° ^ tricts in each town, contain also true answers to the following general 

inquiries respecting all the schools kept in such town ; and shall be 

in the following form : 

Inquiries with respect to all the schools in the town. 

1. — What amount of money is raised by taxes in the town, for 
supporting the common schools ; and what by voluntary contribu- 
tions ? 

2. — What part of the money raised by taxes is paid for furniture, 
wood, and incidental expenses, and what part for instruction only ? 

3. — Are there any private schools or academies ; what portion of 
the year have they been kept ; and what is the average number, in 
the year, attending them ? 

4. — What is the estimated amount paid for tuition in such schools, 
and academies ? 

5. — Are the school committees regularly chosen each year ; do 
they organize themselves as a committee, and do they visit and ex- 
amine the schools as required by law ; how are the examinations con- 
ducted ? 

6. — Do parents interest themselves in the character of the schools, 
and attend the examinations ? 

7. — What are the books in general use ; specifying spelling books, 
grammars, arithmetics, geographies, reading and other books ? 

8. — Who selects books ? 

9. — What is the furniture of the school house, and the apparatus, 
including maps ? 

10 — Is it desirable to increase the number of studies ? 

11. — Are there any local funds ? 

Sect. 65. The secretary of the Commonwealth, shall annually 
foraIshTJ^° furnish every town with blank forms of returns, corresponding to the 
^J^.^ho'"'; n forms contained in the two preceding sections. 

1826, 143, § 9. I. ^ 



*:• 



TITLE X.] Chap. 23. Sect. 66—68. 227 

DISTRIBUTION OF THE SCHOOL FUND. 

Sect. 66. No apportionment of the school fund, as provided in No allowance 
the foil wing sections, shall be made to any town, which shall have us towns neg- 
failed to make school returns, for the year next preceding the time of lecting to make 
such apportionment, or which shall have failed, at the annual meeting rais"a'sum°of 
preceding the time when the annual appropriation shall be made, to money equal, 
raise by taxation, for paying the wages of instructors solely, a sum i835 138, § 1. 
equal at least to one dollar for each person belonging to said town on 
the first day of May preceding, between the ages of four and six- 
teen years. 

Sect. 67. The income of the Massachusetts school fund. Manner of ap- 
except the sum of one hundred dollars mentioned in the following P"/'^'",")."^. 
section, shall be apportioned by the secretary and treasurer, and paid among towns. 
over by the treasurer, on the fifteenth of January in each year, to ^^^^' ^^^> ^ ^• 
the mayor and aldermen of the city of Boston, and to the select- 
men of the several towns, for the use of common schools therein, 
which shall have made the retiu'ns, and raised the sums of money, re- 
quired by the preceding section, and which shall have returned to 
the secretary the certificate required by this section, accoi'ding to the 
number of persons in such city and towns, between the ages of four 
and sixteen years, to be enumerated and ascertained in the following 
manner, to wit : the school committee of each town shall, annually, 
in the months of May or June, ascertain from actual examination, or 
otherwise, the number of persons belonging to such town on the first 
day of May in each year, between the ages of four and sixteen years, 
and shall make a certificate thereof, and also of the sum raised by the 
town at the annual meeting in the same year, for paying the wages of 
instructors solely, and shall transmit the same to the secretary of the 
Commonwealth, on or before the first day of November following, 
which certificate shall be in the following form, to wit : 

We, the school committee of , do certify, from the 

best information we have been able to obtain, that on the first day of 
May, in the year , there were belonging to said town 

the number of persons, between the ages of four and six- 

teen years ; and we further certify, that said town, at their last an- 
nual meeting, raised the sum of dollars, to pay the 
wages of instructors solely, in the common schools for the current 
year. 

> School Committee. 



On this day of , personally appeared the above- 

named school committee of the town of , and made 

oath that the above certificate by them subscribed is true. 

Before me. 

Justice of the peace. 

Sect. 68. There shall be allowed and paid, out of the income Allowance to 
of said Massachusetts school fund, the sum of one hundred dollars, on theMarshpee 
the first day of .January annually, to the commissioner of the Marsh- 1335, 133, § 3. 
pee Indians, to be applied, under his direction to the support of com- 
mon schools among the said Indians. 



228 



Chap. 23. Sect. 69—71. 



[part I. 



Innholders, &c. 
not to give 
credit to under- 
gradutes, ex- 
cept, &c. 
1 Pick. 177. 
1819, 37, § 1. 



Licenses, not 
to be granted 
to persons vio- 
lating, &c. 
1819, 37, § 2. 



Penalty for 
giving such 
credit. 



REGULATIONS IN FURTHERANCE OF THE DISCIPLINE OF COL- 
LEGES. 

Sect. 69. No innholder, tavern keeper, retailer, confectioner, 
or keeper of any shop, or boarding house, for the sale of drink or 
food, or any livery stable keeper, for horse or carriage hire, shall give 
credit to any undergraduate of either of the colleges within this state, 
without the consent of the president, or of such officer as may be 
thereto authorized by the governments of such colleges, respectively, 
nor in violation of any rules and regulations of said colleges. 

Sect. 70. No person shall be approved, by the selectmen of 
any town, to be licensed for either of the employments aforemen- 
tioned, nor shall any such license be granted to any person, if it shall 
appear that he has, within the year then last past, given credit to any 
undergraduate of said colleges, contrary to the provisions of this 
chapter. 

Sect. 71. If any person shall give credit to any undergraduate 
of a college, contrary to the provisions of this chapter, he shall forfeit 
a sum equal to the amount so unlawfully trusted or credited, whether 
the same shall have been paid or not. 



TITLE XI. 

Of highways, bridges and ferries ; and of town ways. 



Chapter 24. Of laying out highways, town ways and private ways ; 

and the discontinuance thereof. 
Chapter 25. Of the repair of ways and bridges. 
Chapter 26. Of the regulation of ferries. 
Chapter 27. Of common sewers and drains, in highways and other 

places. 



CHAPTER 24. 



OF LAYING OUT HIGHWAYS, TOWN WAYS AND PRIVATE WAYS ; AND 
THE DISCONTINUANCE THEREOF. 



Section 

highways. 

1. Highways, to be laid out by the com- 
missioners. 

2. Notice to be given to the towns, through 
which, &c. 

3. Commissioners, to view the place, if 
requested. 

4. Hearing of the parties, ajid adjudica- 
tion. 



Section 

5. Commissioners may make alterations 
between termini prayed for. 

6. Adjudication cind notice before high- 
ways are laid out, except, &c. 

7. Upon petition for laying out, &c. high- 
way, commissioners may order existing 
highway to be repaired. 

8. Same subject. 

9. Existing highway may be located anew 



TITLE XI.] 



Chap. 24. 



229 



Section 

10. Time prescribed for making highways 
and for removing trees, &c. 

11. Damages to private property, to be es- 
timated by commissioners. 

12. Damages to be apportioned between 
tencints for life cind reversioners. 

13. Any party aggrieved may have a jury 
or committee. 

14. Witiiin what time, a jury must be ap- 
plied for. 

15. Several petitions may be submitted to 
the same jury. 

16. Petitions shall not abate by death of 
parties. 

17. Executors, &c. neglecting to appear, 
survivors may proceed. 

18. Warrant for a jury, to be directed to 
sheritl', «fec. 

19. Jury, how and whence summoned. 

20. Jurors, to pay a fine for non-attend- 
ance. 

21. Talesmen maybe returned. 

22. Jurors, to be sworn. 

23. Commissioners may appoint a person 
, to preside at the trial by the jury. 

24. Duties of presiding officer. 

25. Same subject. 

26. Commissioners, to take notice on be- 
half of their counties. 

27. Commissioners may appoint an agent 
for the county, to attend the jury. 

28. Notice of the time of trial to be given. 

29. Officers' fees. 

30. Duty of jurors. 

31. Jury to set off the benefit against the 
injury caused by laying out, &c. 

32. Title of lands determined only so far as 
respects the damages. 

33. Jury may e.xtend the time for removing 
trees, &c. 

34. Verdict or report to be returned within 
three months — Court may set aside the 
verdict, &c. 

35. Complainant entitled to a verdict, and 
such a one as will sustain a judgment. 

36. Clerks of courts, to certify the verdict, 
&c. to the commissioners. 

37. A recorded verdict, or report, to be 
conclusive. 

38. Costs, how to be paid when damages 
are not increased by jury, &c. 

39. All question of costs to be finedly set- 
tled by C.C. P. 

40. Highways, not to be worked or shut 
uj), until, &c. 

41. Recognizance for payment of costs, in 
case, &c. 

42. What cxj)enscs to be paid by the 
county. 



Section 

43. What expenses to be paid by petition- 
ers. 

44. If towns neglect to make highways, 
the same shall be made by county, and 
charged to towns. 

45. If towns do not pay their proportions 
of expense, warrants to issue against 
them. 

46. Commissioners may order half the ex- 
penses to be paid by county. 

47. Commissioners to certify to coimty trea- 
surer when a highway is completed. 

48. Several parties, to go to the same jury 
in certain cases. 

49. Notice, to all persons interested, to be- 
come parties to a petition by any one. 

50. Verdict, to apportion the damages 
among the parties. 

51. Verdict, to be conclusive on all who 
have notice, &c. 

52. Costs of the parties, how taxed. 

53. If any party neglect to appear, he 
shall be barred. 

SPECIAL PROVISIONS FOR THE COUNTY 
OF SUFFOLK. 

64. The mayor and aldermen of Boston to 
have powers of county commissioners. 

55. C. C. P. may order a trial by jury to 
any party aggrieved by doings of the 
mayor, &c. 

56. Several parties to go to the same jury 
in certain cases. 

57. Powers and duties of C. C. P. respect- 
ing ways in Chelsea, 

58. C. C. P. may appoint commissioners to 
view, &c. 

HIGHWAYS OVER BURYING GROUNDS j LI- 
MITS OF HIGHWAYS, AND INCUMBRANCES 
THEREON. , 

59. Highway's shall not be laid out over 
any burying groimds, imless, &c. 

60. Same subject. 

61. Fences, &c. when to be deemed the 
boundaries of highways. 

62. Same subject. 

63. When a building adjudged a nuisance 
is taken down and sold, &c. 

HIGHWAYS IN UNINCORPORATED PLACES. 

64. Highways how to be laid out, &c. in 
unincorporated places. 

65. Assessors in such places to have the 
powers, &c. of selectmen. 

TOWN WAYS AND PRIVATE WAYS. 

66. Selectmen may lay out town ways and 
private ways. 

G7. Notice to be given by selectmen, before 
laying out, Sec. 



230 



Chap. 24. Sect. 1—6. 



[part I. 



Section 

68. Damages, how awarded and paid. 

69. Filing of description with the clerk, and 
acceptance by the town, prerequisites to 
a town or private wa}'. 

70. Towns may discontinue town, &c. 
ways. 

71. If selectmen unreasonably refuse, &c. 
party may appeal to commissioners. 

72. Appeal given, if towns refuse to accept 
ways. 

73. Same, if towns refuse to discontinue. 



Section 

74. When towns are debarred from laying 
out, &c. 

75. Recognizance to be given for costs. 

76. Parties may have a jury to ascertahi 
damages' — Same rule as to costs, as in 
case of highways. 

77. When town shall not contest legality of 
town ways. 

78. Towns may raise money for making 
highways and town ways. 



Highways, to 
be laid out by 
the commis- 
sioners. 
7 Mass. 158. 
1786, 67, 6 4. 
1797, 30, § 1. 



Notice to be 
given to the 
towns through 
which, &c. 
1827, 77, § 7. 



Commissioners 
to view the 
place, if re- 
quested. 
1827, 77, § 7. 



Hearing of the 
parties, and 
adjudication. 
1827, 77, § 7. 



Commissioners 
may make al- 
terations be- 
tween the ter- 
mini, prayed 
for. 

Adjudication 
and notice, be- 
fore highway is 
laid out, &c., 
except, &c. 

1827, 77, § 7. 

1828, 103, § 3. 



HIGHWAYS. 

Section 1. When a new highway, from town to town, or from 
place to place, within the same town, shall be wanting, or when any 
highway can, with greater public convenience, be altered or discon- 
tinued, application therefor shall be made, by petition in writing, to 
the county commissioners of the county, in which such new highway 
or such alteration or discontinuance shall be wanted. 

Sect. 2. The commissioners, to whom such petition shall be 
presented, shall cause a copy thereof to be served upon the clerk of 
every town, within which such new highway, alteration or discon- 
tinuance is prayed for, thirty days at least before the tiixie appointed 
for any view or hearing. They shall also cause copies of such peti- 
tion, or abstracts containing the substance thereof, to be posted in 
two public places in each of said towns,, and shall give notice to all 
persons interested, by causing a like copy to be pubhshed, three 
weeks successively, in such newspaper as they shall order ; such 
posting, and the last publication of such copy, to be fourteen days at 
least, before any view, hearing, or adjudication on such petition. 

Sect. 3. The commissioners shall view the premises, when re- 
quested by any party interested, and also in all cases, where a view 
shall be deemed by them expedient ; and before any view shall be 
had, they shall give notice, in the manner provided in the preceding 
section, to all persons interested, of the time and place for commen- 
cing the same. 

Sect. 4. The commissioners shall hear the parties, either at the 
time of the view, or at any regular or special meeting, or any adjourn- 
ment thereof, as they shall determine ; and as soon as may be after 
the hearing, they shall consider and adjudicate upon the common 
convenience and necessity of laying out, or of altering or discontinu- 
ing such highway, as prayed for by the petitioners. 

Sect. 5. The commissioners, in their adjudication, may, be- 
tween the termini of the highway prayed for, make such changes in 
the highway described in the petition, with regard to the direction, 
alteration or discontinuance thereof, as in their opinion the public 
convenience may require. 

Sect. 6. When the commissioners shall have adjudicated upon 
the common convenience and necessity of laying out, or altering or 
discontinuing any highway, they shall, as soon as may be, proceed to 
lay out, alter or discontinue the same accordingly ; first giving such 
notice thereof, as is required before proceeding to view, excepting, 



TITLE XI.] Chap. 24. Sect. 7—13. 231 

that instead of publishing a copy of the whole petition, it shall be suf- 
ficient to publish an abstract thereof; provided, that if at the time 
of the view of such highway, no person interested shall object, the 
commissioners may forthwith proceed to lay out, alter or discontinue 
such highway, without giving any further notice, as prescribed in this 
section. 

Sect. 7. Whenever, upon any petition for laying out or altering Upon petition 
a highway, the commissioners, after having viewed the same, and &c'Yiffifw°av' 
heard all persons interested, shall be of opinion that the existing commissioners 
highway, between the termini mentioned in the petition, can be so far ™^^^ "hi^^h'wav 
amended, as to supersede the necessity of laying out a new highway, to be repaired. 
or altering the location of existing ways, they may, after due notice ^^^^' ^^^' ^ '''• 
to the towns interested, direct specific repairs to be made in such 
existing ways, in such manner, as the public convenience shall re- 
quire ; and they shall apportion the expense thereof upon the county 
and towns, respectively, as in the case of laying out highways. 

Sect. 8. The towns, in which specific repairs shall be ordered Same subject. 
to be made, as provided in the preceding section, shall be liable to 1^35,152, §7. 
make the same and be entitled to a trial by jury, in like manner, as is 
provided in the case of laying out highways. 

Sect. 9. When application shall be made to the commissioners Existing high- 
of any county, by any town in such county, to locate anew any road way may be 
within such town, whether the same were laid out by the authority of isss, 152. § 8. 
such town, or otherwise, the commissioners may, either for the pur- 
pose of establishing the boundary hnes of such road, or of making 
alterations in the course or width thereof, locate such road anew, 
after giving the like notice, and proceeding in the like manner, as in 
the case of laying out highways ; and the town, making such applica- 
tion, shall pay all the expenses arising in the case. 

Sect. 10. When any highway shall be laid out or altei-ed by the Timeprescrib- 
commissioners, they shall, in their return thereof, determine and spe- highway^ '"^ 
cify the manner, in which such new highway or such alteration shall ?"*• f°^ remov- 
be made, and also the time within which the same shall be complet- 3"fraTs'!^406!^' 
ed : they shall also allow the owner of the land a reasonable time to f^se, 58, § 6. 
take off his timber, wood or trees ; which time shall be expressed in isa?'?? 'A.' 
their return ; and, if he shall not remove the same, within the time 
allowed for that purpose, he shall be deemed to have relinquished his 
right thereto, for the benefit of the town. 

Sect. 11. If damage shall be sustained by any persons in their Damages to 
property, by the laying out, altering or discontinuing of any highway, {y'^lo'be es^f/' 
the commissioners shall estimate the amount of damage, sustained by mated, by com- 
such persons, and, in their return, shall state the share of each sepa- i786,°6 "^s 4. 
rately ; and the said damages shall be paid from the county treasury, I812, 121, § 1. 
as hereafter provided in this chapter. ~ ' ' ^ ' 

Sect. 12. Whenever it shall be proved, that any person, who — tobeappor- 
claims such damages, is only entitled to an estate for life, or for tenTnts kTwe 
years, in the premises, and that the remainder or reversion in fee be- and reversion- 
longs to another person, the commissioners shall make and return g Mass. 251. 
such an ajiportionment of the damages between them, according to 
their respective interests, as shall be just and reasonable. 

Sect. 13. Any party, who shall be asgrieved by the doings of ^"3' pafy f<g- 

, . . •'.',•'.,. , ^~. ,■ ■ • " grieved may 

the commissioners, either in laying out, altenns; or discontinuing any have a jury or 



232 



Chap. 24. Sect. 14—19. 



[part I. 



committee. 
1786, 67, 6 4. 
1812, 121. 
1334, 173, § 1. 



11 Pick. 275. 



Within what 
time a jury must 
be applied for. 
1786, 67, 6 4. 
1812, 121. 
1834, 173, § 1. 



Several peti- 
tions nia>' be 
submitted to the 
same jury. 
1802, 133, § 3. 
1818, 121, § 2. 



Petitions shall 
not abate by 
death of par- 
ties. 
1833, 88, § 1. 



Executors, &c. 
neglecting to 
appear, surviv- 
ors may pro- 
ceed. 
1833,88, §2. 



Warrant for a 
jury, to be di- 
rected to sher- 
iff, &c. 
11 Pick. 269. 
1827, 77, $ 12. 



Jury, hovj^ and 
whence sum- 
moned. 
1802, 135, § 1. 
1827, 77, § 12. 
1814, 173. 



highway, or in the estimation of his damages occasioned thereby, 
may have a jury to determine the matter of his complaint, on appli- 
cation therefor by petition in writing to the said commissioners ; un- 
less he shall agree with the parties adversely interested, to have the 
same determined by a committee, to be appointed under the direc- 
tion of the commissioners ; provided, that the jury or the committee 
so appointed shall not revise the judgment of the commissioners, as 
to the common convenience and necessity of laying out, or of alter- 
ing, the way in question ; but they may make any alterations, that 
may be prayed for between the termini, as estabhshed by the com- 
missioners, so far as the jury or the committee shall think such 
alterations to be necessary or proper. 

Sect. 14. Such application for a jury may be received and act- 
ed upon by the commissioners, at the same meeting, at which such 
laying out, alteration or discontinuance shall take place, or at the next 
regular meeting thereafter ; and no such application shall be after- 
wards received, except for a jury to assess damages ; for which pur- 
pose, a further time, not exceeding six months, maybe allowed. 

Sect. 15. If two or more persons shall apply at the same time 
for joint or several damages, they may join in the same petition to the 
commissioners ; and if several applications shall be pending at the 
same time, before the commissioners, for a jury to determine any 
matter relating to the laying out, alteration or discontinuance of a 
highway, or the assessment of damages, the said commissioners shall 
cause all such applications to be considered and determined by the 
same jury ; and the costs shall be taxed either jointly or severally, as 
the court, to which the verdict may be returned, shall determine to be 
equitable. 

Sect. 16. No petition to the commissioners for a jury shall abate 
or be defeated by the death of the petitioner ; but the executor or ad- 
ministrator, or the heirs or devisees, (if they shall be the persons in- 
terested,) may appear and prosecute such petition, or present a new 
petition, in the same manner, and with the same effect, as the original 
party might have done if living. 

Sect. 17. If, upon the death of one or more of several petition- 
ers for a jury, the executors or administrators, heirs or devisees of 
such petitioners, after due notice that such petition is pending, shall 
neglect to appear, or to prosecute, the surviving petitioners may pro- 
ceed in the same manner, as if they only had made application for 
such jury. 

Sect. 18. The warrant for a jury shall be directed to the sheriff 
of the county or his deputy, who is disinterested, or to a coroner, as 
the commissioners shall order, requiring him to summon a jury of 
twelve men, to hear and determine the matter of complaint, set forth 
in the petition for such jury, and to decide all such matters, as shall 
legally come before them on such hearing. 

Sect. 19. The officer, who receives the warrant shall in writ- 
ing require of the selectmen of the three nearest towns not interested 
in the question, (if there be so many in the county,) to return a num- 
ber of jurors, not less than two, nor more than six, from any one 
town, unless in case of necessity ; and the jurors shall be drawn, sum- 
moned and returned, as in other cases, excepting that the jurors 



TITLE XI.] Chap. 24. Sect. 20 — 29. 238 

need not be summoned more than twenty four hours before the time 
appointed for their attendance. 

Sect. 20. If any person so summoned as a juror shall fail to Jurors to pay a 
attend, without sufficient cause, he shall pay a fine not exceeding ten fe"ndajice"°"^*' 
dollars, at the discretion of the court, to which the verdict shall be 1814, 173. 
returned, to be paid into the county treasury. 

Sect. 21. If, by reason of challenges or otherwise, there shall Talesmen may 
not be a full jury of the persons summoned, the officer, who sum- ioo^9'i^5*^1( i 
moned the jury, or in his absence, the officer attending the jury, shall 1814, ns! 
return some suitable person to supply the deficiency. 

Sect. 22. The jurors shall be sworn to make a just and true ap- Jurors to be 
praisement of the damages sustained by the complainant, and well i795"74. 
and truly to try all such other matters, as shall be lawfully submitted 
to them, under the said complaint, and to give a true verdict therein, 
according to law and the evidence given them ; provided that when 
no estimate of damages is required to be made, the part of the oath 
relating to damages shall be omitted. 

Sect. 23. The commissioners, when they issue their warrant Commissioners 
for a jury, may, at the request of either party, appoint some suitable plfrLn^l'o^pre-^ 
person to preside at the trial by the jury, in which case, the jury may side at the trial 
be attended by any deputy sheriff ; but if there shall be no such per- i83o'Vi"2 '^^iS 1 
son appointed, the sheriff of the county shall preside at such trial ; or, 2. ' 
when the sheriff shall be interested, or unable from sickness or other 
cause to attend, a coroner of the county shall preside. 

Sect. 24. The person, who shall preside at the trial, shall keep Duties of pre- 
order therein and shall administer the oath to the jurors, and to all the laao^nf'^^'^' 
witnesses examined. 

Sect. 25. The person, who shall preside at any such trial by a Same subject. 
jury, shall decide all questions of law arising on the trial, which would ^^ ^"^^' ~^'^'' 
be proper for the decision of a judge ; and shall direct the jury upon 
any question of law, when requested by any party ; and shall certify 
to the court, with the verdict, the substance of any decision or direc- 
tion by him given, when any party shall I'equest it. 

Sect. 26. Whenever a petition for a jury shall be presented to Commissioners, 
the commissioners, they shall, on behalf of the county, take notice of o^/beh "f"'/^ 
the same ; and may, in behalf of the county, agree with the petition- tiieir counties. 
ers to substitute a committee, to determine the matter in controversy, 1^27, 177, § 12. 
in the place of a jury, as before provided in this chapter. 

Sect. 27. The commissioners shall appoint some suitable per- Commissioners 
son to attend upon the jury, or the committee, as an agent for the IJl^^n^for coun" 
county, when they shall think it necessary ; and such agent shall be ty, to attend the 
allowed therefor, at the same rate, that is allowed to the commission- ^i^Ji 77 6 12. 
ers, and be paid in the same manner. 

Sect. 28. The officer, by whom any such jury shall be sum- Notice of; the 
moned, shall give seasonable notice, of the time and place of their bTgiven"^'' ^° 
meeting, to the person appointed to preside at the trial, and also to 1827, 77, §12. 
the person appointed as agent for the county, if such appointments 
shall have been made ; and when a committee shall be substituted 
for a jury, such notice to the agent for the county shall be given by 
the person first named on the committee. 

Sect. 29. The officer shall receive, for summoning the jurors. Officers' fees. 
four cents a mile for all necessary travel, and one dollar and fifty cents ^^^^' ^^^> ^ ^• 
30 



234 



Chap. 24. Sect. 30—36. 



[part I. 



Duty of jurors. 
1786, 67, § 5. 



Jury to set off 
the benefit 
against the in- 
jury caused by 
laying out, &c. 
6 Mass. 437. 
9 ib. 389. 
1824, 153. 



Title of lands 
determined 

only so far as 
respects the 
damages. 
1802, 135, § 2. 

Jury may ex- 
tend the time for 
removing trees, 

1802, 135, § 4. 



Verdict or re- 
port to be re- 
turned within 
three months. 
Court may set 
£iside verdict, 
&c. 

6 Mass. 435. 
1827, 77, § 12. 



Complainant 
entitled to a 
verdict ; and 
such a one as 
will sustain a 
a judgment. 
10 Pick. 235. 



Clerks of courts 
to certify the 
verdict, &c., to 
commissioners. 
1827, 77, $ 12. 



for each day, that he shall attend upon them ; and he shall certify to 
the court his own travel and attendance, and also that of each juror. 

Sect. 30. The jury shall view the premises, when they shall 
think proper, or shall be requested by any party ; they shall also hear 
and examine all such legal evidence, as may be laid before them, with 
the observations of the parties or their counsel thereon ; and all the 
jurors shall sign the verdict which may be agreed upon, and the same 
shall be inclosed in a sealed wrapper, with an indorsement thereon, 
expressing what it contains, and shall be delivered so indorsed to the 
officer having charge of the jury. 

Sect. 31. In estitnating the damages sustained by any person in 
his property, by the laying out, altering or discontinuing of any high- 
way, the jury shall take into consideration all the damage done to the 
complainant, whether by taking his property, or by injuring it in any 
manner ; and they shall also allow, by way of set-off, the benefit, if 
any, to the property of the complainant, by reason of such laying out, 
alteration or discontinuance. 

Sect. 32. If the interest or right of any complainant, in or to the 
real estate, alleged to be damaged by the laying out, altering or dis- 
continuing of a highway, shall be drawn in question, on any such 
hearing, the jury may hear and determine such question of interest or 
right, so far only as respects the damages of such complainant. 

Sect. 33. The jury, that shall assess the damages occasioned by 
the laying out or altering of any highway, may extend the time, 
allowed by the commissioners for the owner of the land to take off 
the timber, wood or trees ; and if the owner shall neglect to take 
off the same, within such extended time, he shall be deemed to have 
relinquished his claim thereto, for the benefit of the town, as before 
provided. 

Sect. 34. When a jury shall be ordered upon any highway, as 
before provided, such jury shall be summoned and give their verdict, 
within three months next after the date of such order ; and the ver- 
dict so given shall be returned to the next term of the court of com- 
mon pleas, to be held for the same county, and the court shall receive 
the said verdict, and adjudicate thereon, and may set the same aside 
for good cause ; and in case the matter shall have been determined 
by a committee, as before provided, the report of such committee 
shall be made within three months after their appointment, and shall 
be returned to the next term of the court of common pleas, which 
shall be held after making the same ; and the like proceedings shall 
be had thereon, as upon a verdict returned as aforesaid. 

Sect. 35. If the jury shall not agree upon a verdict, or if the 
proceedings in the case shall be set aside upon a writ of certiorari, 
the complainant shall be entided to a new jury, from time to time, 
until a verdict shall be rendered in the case ; provided, that he may, 
at any stage of the proceedings, upon such terms as the court shall 
order, waive his right to a trial by jury, and may accept the damages 
assessed by the commissioners. 

Sect. 36. The clerk of the said court shall certify such verdict, 
or report, as the case may be, with the adjudication of the court 
thereon, to the commissioners, at their next meeting, after such ad- 
judication shall be had ; and if the said verdict or report shall have 



TITLE XI.] Chap. 24. Sect. 37 — 43. 235 

been set aside, the commissioners, on application therefor, shall order 
a new jury, or the parties may agree upon a new committee ; and 
thereupon the like proceedings shall be had, as are herein before 
provided. 

Sect. 37. The verdict of the jury, or the report of the com- a recorded ver- 
mittee, returned to the court of common pleas as before provided, ^''^^' °'' ''«P°''t, 
and by them accepted and recorded, shall be conclusive upon the sive. 
pardes to the proceedings. _ J™, 67^, §5, 

Sect. 38. If the said jury or committee shall not alter the high- ^^^^^^ how to 
way, nor increase the damages allowed by the commissioners, the be paid, when 
costs, incurred by reason of the application for such jury or commit- no["in^reaYed 
tee, shall be paid by the persons, who recognize for the payment of by jury, &c. 
such costs, as is hereinafter provided ; otherwise all such costs, as j^gg' g7^'A^" 
well as the damages, shall be paid from the county treasury. 1827^ 77^ § li. 

Sect. 39. If any question shall arise with regard to the taxation ah questions of 
of the costs, in the proceedings and hearing before a jury or commit- *^°n ^' '° '?*' A 
lee, the same shall be determined by the court of common pleas, to c. c. P. *^ ^ 
which the verdict or report shall have been returned ; and the court 
may also determine the compensation of the committee, and of the 
person who shall preside at the trial by jury. 

Sect. 40. When the commissioners shall order a jury, or a Highways, not 
committee shall have been agreed upon, to consider and determine 'o be worked or 
with regard to the laying out, alteration or discontinuance of any high- ^^f_ "^' ""'' ' 
way, the highway so laid out or altered shall not be opened or work- 1827, 77, § 12. 
ed, nor shall the highway so discontinued be shut up, until after the 
meeting of the commissioners, at which the verdict of such jury, or 
the report of such committee, with the adjudication of the court 
thereon, shall have been certified to them, as before directed ; and 
thereupon the commissioners may allow such further time, as they 
shall think reasonable, for the making and completing such highway, 
and for the removal of the timber, wood or trees, if any, from the 
premises. 

Sect. 41 . No petition, for the laying out, altering or discontinuing Recognizance 
any highway, shall be proceeded upon by the commissioners, until the '<"■ payment of 
petitioners shall cause a sufficient recognizance to be given to the &c. ' ' 

county, with sureties to the satisfaction of the commissioners, for the ^^^"^t '^^ ^ in- 
payment of all costs and expenses, which shall arise by reason of 
such petition and the proceedings thereon, in case the petitioners shall 
not finally prevail ; and no jury shall be ordered, nor any committee 
appointed, until the petitioners therefor shall give alike recognizance 
to the county, for the payment of all the costs and expenses which 
may arise, in case the said jury or committee shall not alter such 
highway, nor increase the damages allowed by the commissioners. 

Sect. 42. When such highway shall be finally laid out and es- What expenses 
tablished, altered or discontinued, in pursuance of such petition, a'^ hy^the'counT'* 
the expenses of the commissioners, and of the view, with the expen- 1827, 77, § ii. 
ses of the laying out or alteration, and also all damages allowed for 
such laying out, alteration or discontinuance, shall be paid by order 
of the commissioners out of the county treasury. 

Sect. 43. If such highway shall not be finally laid out and esta- What expenses 
Wished, altered or discontinued, all the said expenses shall be paid by'^Jeti^j^Mrf 
by the persons who shall have recognized therefor, and if they shall 1827, 77, § ii. 



236 



Chap. 24. Sect. 44—48. 



[part I. 



If towns neg- 
lect to make 
highways, then 
the same shall 
be made by the 
county, and 
charged to 
towns. 

5 Greenl. 254. 
1827, 77, § 7. 



If towns do not 
pay their pro- 
portions of ex- 
pense, warrants 
to issue against 
them. 
1827, T7, § 7. 



Commissioners 
may order half 
the expenses to 
be paid by 
county. 
1827, 77, § 8. 



Commissioners, 
to certify to 
county treasur- 
er, when a high- 
way is com- 
pleted. 
1827, 77, § 8. 
13 Pick. 225. 



Several parties 
to go to the 
same jury, in 
certain cases. 



refuse or neglect to pay such expenses, or to pay the costs incurred 
by reason of the application for a jury or committee, when required 
by the commissioners to pay the same, such expenses, or such costs, 
shall be ordered by the commissioners to be paid from the county 
treasury ; and thereupon the commissioners, after giving due notice 
to the persons, who shall have so recognized, shall issue a warrant 
against them, or some of them, (unless sufficient cause shall be shown 
to the contrary) for the amount ordered to be paid by them, with the 
further costs of the notice and warrant, and the money shall be col- 
lected, as in other cases, and paid into the county treasury. 

Sect. 44. After any highway shall have been estabhshed by the 
commissioners, if any town, whose duty it shall be to make such 
highway, or any part thereof, shall not make and complete the same, 
within the time and in the manner prescribed by the commissioners, 
and to their acceptance, the said commissioners, as soon as may be 
thereafter, shall cause such highway to be completed as aforesaid ; 
and at their next meeting, they shall direct the expenses and charges 
of completing such highway, to be paid out of the county treasury, 
and shall order notice thereof to be given to each town that shall be 
delinquent, stating the proportions which they are respectively requir- 
ed to pay. 

Sect. 45. If any such dehnquent towns shall not pay their pro- 
portion of the said expenses and charges, before the next regular 
meeting of the commissioners, with interest thereon, at the rate of 
ten per cent, a year, from the time the same shall have been paid from 
the county treasury, the said commissioners, unless sufficient cause 
shall be shown to the contrary, shall issue warrants against such de- 
linquent towns, respectively, for the sums they were ordered to pay, 
with the said interest, and the further costs of such notice and war- 
rant ; and the same shall be collected, as in other like cases, and paid 
into the county treasury. 

Sect. 46. Whenever the commissioners shall lay out and esta- 
blish any highway, or shall make an alteration therein, which they 
shall judge to be of general use and importance to the public, they 
may order that a sum not exceeding one half of the expense of mak- 
ing such highway, as it shall be estimated by the commissioners, shall 
be paid out of the county treasury ; and they shall specify in their 
order the proportion of such expense, to be paid to each town, (if 
more than one) which is liable to make such highway ; but not more 
than one half of the estimated expense of making such highway, with- 
in the limits of any town, shall be paid to such town. 

Sect. 47. When notice shall be given to the commissioners, 
that the part of such highway lying within the limits of any town has 
been completed, according to their directions for making the same, 
the said commissioners shall view and carefully examine the same 
throughout ; and if they shall find such highway well made, they shall 
certify the same to the county treasurer, who shall thereupon pay to 
such town the sum so allowed. 

Sect. 48. Whenever there shall be several parties, having seve- 
ral estates or interests, at the same time, in any land or any buildings 
standing thereon, and the said land or buildings shall be taken or oth- 
erwise damaged, in whole or in part, by the laying out, altering or 



TITLE XI.] Chap. 24. Sect. 49—54. 237 

discontinuing of any highway or town way, and any one of such par- 
ties shall, by petition, as provided in this chapter, apply for a jury to 
ascertain his damages in the premises, all the other parties, so inter- 
ested, may become parties to the proceedings under said petition, and 
the damages of all of them may be determined by the same jury, in 
the manner provided in the five following sections. 

Sect. 49. Upon such application of any party, interested in the Notice to all 
manner mentioned in the preceding section, the commissioners shall Persons inter- 
order the petitioner to give notice thereof to all the other parties in- come'parties to 
terested, by servina; each of them, fourteen days at least before the a petition by 

, •' . ^ ~ . , . . /, , ^ any one. 

next regular meeting oi said commissioners, with an attested copy oi 
said petition and the order thereon, that the said other parties may, if 
they see cause, appear at the said next meeting, and become parties 
to the proceedings under the said petition ; and at the said next 
meeting, a jury shall be ordered, as before provided in this chapter, 
who shall, under the direction of the person presiding at the trial, 
proceed to hear all the persons, who shall have become parties to the 
proceedings aforesaid. 

Sect. 50. If on such hearing, the jury shall find any of the said Verdict, to ap- 
parties to be entitled to damages, they shall proceed to assess the damaget^amonff 
same in the following manner, to wit : they shall first find, and shall the parties, 
set forth in their verdict, the total amount of the damages, sustained 
by the owners of such land and buildings, estimating the same as an 
entire estate, and as if the same were the sole property of one owner, 
in fee simple ; and they shall then apportion the said total amount of 
damages among the several parties whom they shall find to be enti- 
tled, in proportion to their several interests, and to the damages sus- 
tained by them, respectively, and they shall set forth such appor- 
tionment in their verdict ; and if they shall find any one or more of 
said parties not to have sustained any damage, they shall also set forth 
in their verdict, that they award no damages to such party. 

Sect. 51. The verdict aforesaid, if accepted, shall be conclusive The verdict, to 
upon all the parties interested, who shall either have had notice, as J^^ 3°"^'^"^^',^^^^ 
aforesaid, or who shall, by consent, have become parties to the said notice, &c. 
proceedings. 

Sect. 52. Each party recovering damages shall also recover his Costs of the 
several costs ; and each party not recovering damages shall be liable f^^l'^^ "^"^ 
for costs to the town or other corporation, of which he shall have 
claimed damages, in like manner as if the proceedings were had un- 
der his several petition ; provided always, that if any such party shall, 
fourteen days before the trial under such petition, give notice in 
writing to the town or other corporation, that may be liable to dama- 
ges, that he relinquishes all claim for damages, and shall also, at any 
time before the trial, file in the case a relinquishment of such claim, 
he shall not be liable for any costs in the case. 

Sect. 53. If any person, after having had notice as aforesaid, ifanyparty 
shall neglect to appear and become a party to the said proceedings in "Zfr^^te Ihai?' 
court, he shall be forever barred from making any application for be barred, 
damages. 

SPECIAL PROVISIONS FOR THE COUNTY OF SUFFOLK. 

Sect. 54. In the county of Suffolk, the mayor and aldermen of f^^^^^f^^^. 



238 Chap. 24. Sect. 55—58. [part i. 

ton, to have the city of Boston shall, within the said city, have the like powers 
commissioner^. 3"^ perform the like duties, as are exercised and performed by the 
1821, 109, §11. commissioners of other counties, in respect to the laying out, alter- 
ing and discontinuing of ways, and assessing damages therefor, ex- 
cept as is provided in the following section. 
C.c. Pleas Sect. 55. When any party shall be aggrieved by the doings of 

trial bvlur^ to '''^^ ''^'^ mayor and aldermen, in the cases mentioned in the preceding 
any party ag- section, he may apply for a jury, by petition to the court of common 
Hiffs^of the pleas, within and for the county of Suffolk, at any term of said court 
mayor, dtc. that shall be there held, within one year after the laying out, altering, 
1821, 109, § 8. Qj. discontinuing of any way in said city, and not afterwards ; and 
thereupon the said court shall, after due notice to the said city, order 
a trial by jury to be had in the case, at the bar of said court, 
in the same manner, in which other civil causes are there tried by the 
jurors there returned and empanelled ; and if either party request it, 
the jury, to whom the cause may be committed, shall view the place 
in question. 
Several parties Sect. 56. In the Said county of Suffolk, whenever there shall 
same jury h ^® sevcral parties, having several estates or interests, at the same time, 
certain cases, in any land or any buildings thereon, within the city of Boston, and 
the said land or buildings shall be taken or otherwise damaged, in 
whole or in part, by the laying out, altering, or discontinuing of any 
highway or town way, and any one of such parties shall make appli- 
cation, by petition to the court of common pleas, for a jury to ascer- 
tain his damages, as provided in the like cases in this chapter, the 
said court shall order the petitioner to give the like notice, as is re- 
quired in the hke cases before the conmiissioners of other counties, 
to all the other parties interested, to appear at the next term of the 
said court, and become parties to the proceedings under the said pe- 
tition ; and at the said next term, or at any succeeding term, as the 
court may direct, the said parties shall all be heard by the same jury, 
at the bar of the court, in such manner as the court shall direct ; and 
thereupon the like proceedings shall be had in the estimation of dama- 
ges, the returning of the verdict, and the adjudication of the court 
thereon, as are in this chapter required to be had on verdicts in the 
like cases, returned to the court of common pleas in other counties. 
Powers and du- Sect. 57. The court of common pleas, within and for the coun- 
^leas^respect- ^7 °^ Suffolk, shall cxercise, in the town of Chelsea, all the powers, 
ing ways in conferred by law on county commissioners, so far as the exercise of 
I835^n8. ^^^^ powers shall be applicable to the said town, and consistent with 

the provisions of the following section. 
C.C. Pleas may Sect. 58. When any petition shall be presented to the said court 
mss°ionersTo' °^ common pleas, concerning the laying out, altering or discon- 
view, &c. tinuing of any way, in the town of Chelsea, the said court may ap- 

135,118. point three disinterested commissioners to act thereon, who shall 

have authority, subject to the final determination of the said court, 
to perform all the duties, required by law of county commissioners, 
so far as respects the viewing, laying out, altering, constructing, ac- 
cepting or discontinuing of ways, and assessing damages sustained by 
any person in the premises ; and whenever any party shall, accord- 
ing to the provisions of this chapter, be entitled to a jury, in respect 
to any way in said town, the said court shall have authority, to order 



TITLE XI.] Chap. 24. Sect. 59 — 64. ' 239 

a jury to be summoned and empanelled in the case ; and a trial 
thereof shall be had at the bar of said court ; and the verdict of such 
jury may be received and recorded, or set aside, as in the hke cases 
provided for in this chapter. 

HIGHWAYS OVER BURYING GROUNDS ; LIMITS OF HIGHWAYS ; 
AND ENCROACHMENTS THEREON. 

Sect. 59. No highway or town way shall be laid out or con- Highways shall 
structed in, upon, or through, any enclosure used or appropriated over'\iiv''bury- 
for the burial of the dead, unless authority to that efiect shall be spe- ms; grounds, 
cially granted by law, or the consent of the inhabhants of the town, i834^'^i^*^k i 
where such inclosure is situated, shall be first obtained, under the 
penalty in this behalf provided in the one hundred and thirtieth 
chapter. 

Sect. 60. No highway or town way shall be laid out or con- game subject. 
structed in, upon, or through, such part of any enclosure, belonging to 
private proprietors, as may be used or appropriated to the burial of 
the dead, unless the consent of such proprietors shall be first ob- 
tained therefor. 

Sect. 61. Where buildings or fences have been erected, and Fences &c. 
continued for more than twenty years, fronting upon, or against any when to be 

^ ••/.,, 1 • , ■^ •' 1 ,• 1 ^ u- 1, • deemed the 

training held, burying place, common landing place, highway, private boundaries of 
way, street, lane or alley, and from length of time, or otherwise, the highways, &c. 
boundaries thereof are not known, or cannot be made certain by the ' '^ ' 
records or by any monuments, such fences or buildings shall be 
deemed and taken to be the true boundaries thereof; but when such 
boundaries can be made certain, no length of time, less than forty 
years, shall justify the continuance of a fence or building, on any 
town or private way, or on any highway, training field, burying place, 
landing place, or other land appropriated for the general use or con- 
venience of the inhabitants of the Commonwealth, or of any county, 
town, or parish ; but the same may, upon the presentment of a grand 
jury, be removed as a nuisance. 

Sect. 62. The limitations of time, prescribed in the preceding Same subject, 
section, shall take effect from and after the thirty first day of Decem- 
ber in the year one thousand eight hundred and thirty nine. 

Sect. 63. When any building, fence, or other incumbrance, Whenabuiid- 
erected or continued on any town or private way, or on any high- '"? adjudged a 
way, training field, burying place, landing place, or other land, appro- ken down and 
priated for the general use or convenience of the inhabitants of the !Sl^,''^f-. a 

f-1 1 1 r • 1 I 11 1 !• 1 I 178t), 81, 6 6. 

Commonwealth, or ot any county, town, or parish, shall be adjudged 
a nuisance, and ordered to be abated, and the materials of such 
building, fences or other incumbrance, upon a sale thereof by auction, 
shall be insufficient to pay the costs and charges of prosecution and 
removal ; the court, from which the process for removal shall issue, 
may order the deficient sum to be raised and levied from the goods 
and chattels of the party, who shall be convicted of erecting or con- 
tinuing suclfnuisance. 

HIGHWAYS IN UNINCORPORATED PLACES. 

Sect. 64. The inhabitants of unincorporated places, who are Highwajrs, how 
or shall be required to assess taxes upon themselves, towards the )^c/ 



to be laid out, 
in unincor- 



240 



porated places. 
1796, 58, § 1. 



Chap. 24. Sect. 65—69. 



[part I. 



Assessors in 
such places to 
have the pow- 
ers, &c. of 
selectmen. 
1796, 58, § 1. 

Selectmen may 
lay out town 
ways and pri- 
vate ways. 
1786, 67, § 1. 

Notice to be 
given by select- 
men, before 
laying out, &.c. 
1835, 122. 



Damages, how 

awarded and 

paid. 

2 Greenl. 179. 

1786, 67, § 1- 



Filing of de- 
scription with 
Uie clerk and 
acceptance by 
the town, prere- 
quisites to a 
town or private 
way. 
2 Mass. 529. 

2 Greenl. 60. 

3 ib. 438. 
9 Pick. 146. 
6 Pick. 492. 
1785, 75, § 7. 
1786,67, $1. 



support of government, or for defraying the charges of any county, 
shall be vested with the like powers, be under the like obligations, 
and liable to the like penalties, so far as relates to the laying out, 
making, altering, discontinuing or repairing of ways, and compensat- 
ing any individual who may suffer damage thereby, as towns may 
have or be subject to ; and the like proceedings shall be had, by or 
against such places, as may be had by or against towns, in every case 
respecting ways- 

Sect. 65. The assessors of such unincorporated places shall be 
held to perform all the duties, and shall have all the powers, of the 
selectmen of towns, in relation to ways. 

TOWN WAYS AND PRIVATE WAYS. 

Sect. 66. The selectmen of the several towns may lay out, 
alter or widen town ways, for the use of their respective towns, and 
private ways, for the use of one or more of the inhabitants thereof. 

Sect. 67. No such town way or private way shall be laid out 
or altered unless, seven days at least previously thereto, a written no- 
tice of the intention of the selectmen of the town to lay out or alter 
the same, shall be left by them, or by their order, at the usual place 
of abode of the owners of the land, over which such way is proposed 
to be laid out or altered, or unless such notice be delivered to such 
owner in person, or to his tenant or authorized agent ; provided, that 
if the owner shall have no such place of abode in the town, and no 
tenant or authorized agent therein known to the selectmen, or if, be- 
ing a resident in the town, he shall not be known as such to the se- 
lectmen, then such notice shall be posted up in some public place in 
the town, seven days at least before laying out such way. 

Sect. 68. If any damage shall be sustained by any persons in 
their property, by the laying out, altering or discontinuing of any 
town way or private way, they shall receive such compensation as 
the selectmen shall determine ; which shall be paid by the town, if 
it is a town way, but if a private way, then by the persons for whose 
use it shall be so laid out, altered or discontinued ; unless the select- 
men shall deem it reasonable, in such case, that any part of it shall be 
paid by the town, and the residue by the said persons ; and in case 
any person shall be aggrieved by such determination of the select- 
men, he may, upon application to the commissioners, have his dam- 
ages ascertained by a jury, or, if he shall so elect, by a committee, 
to be appointed by the said commissioners, in like manner as is pro- 
vided, in this chapter, in respect to the recovery of damages for lay- 
ing out highways. 

Sect. 69. No town way, or private way, which may have been 
laid out or altered by the selectmen, shall be established, until such 
laying out, or alteration, with the boundaries and admeasurements of 
the said way, shall have been reported to the town, and accepted 
and allowed, at some public meeting of the inhabitants, regularly 
warned and notified therefor, nor unless such laying out, or alteration, 
with the boundaries and admeasurements aforesaid, shall have been 
filed in the office of the town clerk, seven days at least before such 
meeting. 



TITLE XI.] Chap. 24. Sect. 70—76. 241 

Sect. 70. Any town, at any meeting, regularly called for that Townsmay 
purpose, may discontinue any town way or private way. fdwn"&c"ways. 

Sect. 71. If the selectmen of any town shall unreasonably re- See ^ 74. 
fuse or neglect to lay out or alter any such town way or private way, if selectmen 
when requested in writing by one or more of the inhabitants thereof, I^fUse^°&|;. ^ 
the commissioners, at any meeting within one year, on the application party may 
of any person aggrieved, by petition in writing, may cause the said m^ss'ione°s!^°'"" 
town way or private way to be laid out or altered ; and they shall 6 Mass. 8. 
ascertain the place and course of the way, and estimate the damages ' ' ^ ' 
sustained by any person, by reason thereof, and the same, with all 
costs of the proceedings, shall be paid by the town, if it be a town 
way ; and if it be a private way, the damages and costs, or such part 
thereof as the commissioners shall judge reasonable, shall be paid by 
the persons, for whose use it is laid out or altered, and the residue, if 
any, shall be paid by the town. 

Sect. 72. If any town shall unreasonably refuse or delay to ap- Appeal given, 
prove and allow any town way or private way laid out or altered by '^ '°^"* ''*^'"^® 

■*, , 1 c I 1 1 •'to accept ways. 

the selectmen thereol, and to put the same on record, any person nsG, 67, § 3. 
aggrieved by such refusal or delay, may within one year thereafter 9 ?/''^"'ifJ^' 
apply by petition in writing to the commissioners ; and the said com- 3 ^ib. I88. 
missioners may, unless sufficient cause shall be shown against such 
application, approve and allow of the way, as laid out or altered by 
the selectmen, and direct the said laying out or aheration and ac- 
ceptance to be recorded by the clerk of such town, which shall have 
the like effect, as if accepted by the town and recorded. 

Sect. 73. The commissioners may also, upon the application Same, if towns 
in writing of any person, aggrieved by the refusal of any town to dis- •'•^'"^^ '° 'dis- 
continue a town way or private way, and after due notice, and hearing i786,"67,' §2! 
all parties interested, order such way to be discontinued. 

Sect. 74. When any town way shall have been laid out or al- When towns 
lered by the commissioners, it shall not, within two years thereafter, f/o'nffa^in^** 
be discontinued or altered by the town; and when any such way out, &c. 
shall have been discontinued by the commissioners, the town shall 2I'i'=l'-44- 
not, within two years thereafter, lay out the same again. 

Sect. 75. Whenever an application shall be made to the com- Recognizance 
missioners, in consequence of the refusal or neglect of any select- ff^^tl ^^"^^ '"^ 
men to lay out or alter a private or town way, or in consequence of 1827, 77, § 13. 
the refusal or neglect of the town to accept and allow any such way, 
when laid out or altered by the selectmen ; or when such an appli- 
cation shall be made for the discontinuance of any private or town 
way ; the commissioners shall cause a like recognizance to be given 
to the county, as is directed in this chapter with regard to applica- 
tions for highways, and the like proceedings may be had on such re- 
cognizance : the commissioners shall also cause the like notice to 
be given, before they proceed to view, or to hear the parties, as in 
the case of highways. 

Sect. 76. Any person, aggrieved by the laying out, or by the Parties may 
alteration or discontinuance of any town way or private way, or by ["o^atceridn 
the assessment of the damages in such case, shall be entitled to have damages, 
the matter of his complaint determined by a jury, which may be ap- 
plied for, at any time within one year after such laying out, altera- 
tion, or discontinuance, and shall be accordingly ordered by the com- 
31 



242 



Chap. 24. Sect. 77—78. 



[part I. 



Same rule as to 
costs, as in case 
of highways. 
1785, 75, § 7. 



When towns 
shall not contest 
legality of town 
ways. 

Towns may 
raise money for 
making- high- 
ways and town 
ways. 
1818, 121. 



missioners ; and the jury shall have the same powers, and the pro- 
ceedings, in all respects, shall be conducted in the same manner, as 
before provided, in the like case, with respect to highways : if such 
jury shall increase the damages, or shall alter the way, the damages 
and all charges shall be paid by the town ; otherwise the charges, 
which arise on such application, shall be paid by the applicant, or 
person recognizing as aforesaid. 

Sect. 77. No town shall, in any case, be permitted to contest 
the legality of any way, laid out by such town, and accepted and 
recorded, as provided in this chapter. 

Sect. 78. Every town may, at any legal meeting regularly noti- 
fied for that purpose, vote to raise any sum of money, to be laid out 
for the making of highways and town ways, within such towns, as 
they may deem necessary ; and may, if they see fit, direct the same 
to be assessed in money on the polls and estates, real and personal, 
of the inhabitants, residents, and non-residents of their town, and to 
be collected as other town charges are by law assessed and collected. 



CHAPTER 25. 



OF THE REPAIR OF WAYS AND BRIDGES. 



Section 

repairs of highways. 

1. Highways, &c., to be kept in repair by 
towns. 

2. Surveyors of highways to be chosen. 

3. " authorized to remove all ob- 

structions. 

4. Surveyor, not to remove any fence, &c., 
put up to prevent the spreading of dis- 
eases. 

6. Survej'ors shall not turn water courses 
so as to incommode, &c. 

6. Towns to pay all damages occasioned 
by repairs of ways. 

7. Selectmen, to assign surveyors' limits. 

8. Towns shall raise money to repair 
ways. 

9. Any town may raise highway taxes in 
money. 

10. Half of the tax, to be expended before 
1st of July. 

11. Surveyor, to give notice to inhabitants. 

12. Delinquents, to be returned to assess- 
ors, and their tax to be collected in 
money. 

13. Surveyor's power when the sum voted 
is deficient, or not paid in. 

14. If towns neglect to raise money, sur- 
veyors, with consent of selectmen, may 
repair at town's expense. 



Section 

15. Surveyors may be authorized to con- 

tract for repairing ways. 

16. " may be authorized to collect 

taxes in money, in case, &c. 

17. " to pay over any surplus 

money in their hands. 

18. Penalty for not paying over moneys 

in their hands. 

19. " on surveyor, if he does not ac- 
coimt. 

20. Non-residents, how assessed for high- 
ways. 

21 If loss of life happen, through defect, 
&c., the executors, &c., may recover 
^1000. 

22. What damages recoverable for injury 
to person or property. 

23. Party liable, may tender sufficient, &c. 

24. Penalty on towns, for neglect, &c. 

25. Fines imposed, to be appropriated for 
repairs. 

26. If town, (fcc, has, vnthin six years, 
made repairs, they shall not deny loca- 
tion. 

27. Gates, rails, &c., may be removed, ex- 
cept, &c. 

GUIDE POSTS AND [OTl] PUBLIC ROADS. 

28. Towns to erect and maintain guide 
posts. 



TITLE XI.] Chap. 25. Sect. 1 — 5. 243 

Section | Section 

29. Penalty, if selectmen do not annually ; 39. Proprietors may contract for repairs, 
report to town, where posts are and 40. " may raise money for such 



ought to be erected. 
35. Penalty on towns for not detennining 
places for guide posts. 

31. Description of guide posts, and where 
to be erected. 

32. Penalty, if towns or selectmen neglect 

to erect guide posts. 

33. " for defacing guide posts. 

PRIVATE WAYS AND BRIDGES, 

34. Four or more proprietors may call a 



contracts. 

41. Surveyors may collect teixes. 

42. Penalty for neglect of surveyors. 

43. Gates, fences, &c., on town or private 
ways, may be removed, unless, &c. 

COUNTY AND OTHER BRIDGES. 

44. Commissioners may regulate travelling 
over county bridges, by by-laws, in 
case, &c. 

45. Towns may regulate travelling over 



meeting. town bridges, in case, &c. 

.35. General powers and duties of, &c. ' 46. No penalty incurred, unless by-laws 

36. Penalty, if any proprietor neglects to are posted up, &c. 



comply with votes. 

37. " for refusing to serve as survey- 
or. 

38. Forfeitures, how to be applied. 



47. Proprietors of incorporated bridges may 
regulate travelling over the same, pro- 
vided, &c. 



REPAIRS OF HIGHWAYS. 



Section 1. All highways, town ways, causeways and bridges, Highways, &c. 
within the bounds of any town, shall be kept in repair, at the expense to be kept in re- 
of such town, where other sufficient provision is not made therefor, nse, 81,°§^l ' 
so that the same may be safe and convenient for travellers, with their 
horses, teams and carriages, at all seasons of the year. 

Sect. 2. There shall be chosen, in each town, at the annual Surveyors of 
meeting, one or more suitable persons, to be surveyors of highways, J^g^o^^'^ 
as provided in the fifteenth chapter ; but no person shall be obliged ' ' 
to serve as a surveyor of highways, oftener than once in three years. 

Sect. 3. Every surveyor of highways shall have full power, Suryeyorau- 
(except as provided in the following section,) to cut down or lop off move all ob-^' 
all trees and bushes, and to dig up and remove all stones, stumps, structions. 
fences, gates, bars, enclosures, or other things, that shall in any man- ]-,%' Qs'ts 
ner obstruct or incumber any highway or town way, or hinder, in- 13 Pick.' 343. 
commode or endanger persons travelling thereon ; and when any such 
way is incumbered with snow, he shall also forthwith cause the same 
to be removed or so trodden down, as to make the way safe and 
convenient. 

Sect. 4. No surveyor or other person shall remove or take down Surveyor, not 
any fences, gates, or bars, placed on any highway or town way, for fen'c^e'"^^ ^ut 
the purpose of preventing the spreading of any disease, which may be up to' prevent 
dangerous to the public health, _ ordL^J^^ef."^ 

Sect. 5. No surveyor of highways shall, without the approbation nsfi, 81, I ii. 
of the selectmen first being had in writing, cause any water course. Surveyors shall 
occasioned by the wash of a highway or town way, to be so conveyed courses, so as^to 
by the side of such way, as to incommode any person's house, store, jncommode, 
shop, or other building, or to obstruct any person in the prosecution nsg^ si, § i. 
of his business ; and any person, aggrieved by the conveying of such 
water course, in manner aforesaid, may complain to the selectmen, 
who, on receiving such complaint, shall view the water course com- 
plained of, and after due examination of the same, may direct the 



244 



Chap. 25. Sect. 6—11. 



[part I. 



Towns to pay 
all damages oc- 
casioned by re- 
pairs of ways. 
1 Pick. 418. 



Selectmen to 
assign survey- 
ors' limits. 
4 Pick. 149. 

1786, 81, § 2. 
1796, 38, §4. 

Towns shall 
raise money to 
repair ways. 
1786, 81, § 3. 



Any town may 
raise highway 
taxes in money. 
1818, 121, § 1. 



Half the tax, to 

be expended 

before 1 st of 

July. 

1796, 58, § 4. 

Surveyor, to 
give notice to 
mhabitants. 
1786, 81, $ 6, 



surveyor to alter the said water course, in such manner as they shall 
determine. 

Sect. 6. When any owner of land, adjoining a highway or town 
way, in any town or city, shall sustain any damage in his property by 
reason of any raising, lowering, or other act, done for the purpose of 
repairing such way, the said owner shall have compensation therefor, 
to be determined by the selectmen of the town, or the mayor and 
aldermen of the city ; and if the owner shall be aggrieved by such 
determination of the selectmen or mayor and aldermen, he may have 
his damages ascertained by a jury, in like manner as they are to be 
ascertained in the case of laying out highways ; and they shall allow, 
by way of set-ofF, the benefit, if any, which the complainant may 
receive by reason of such alteration or repair. 

Sect. 7. The selectmen or assessors of every town, having 
more than one surveyor of highways, shall, annually, in writing, be- 
fore the first day of May, assign to each surveyor the limits and 
divisions of the highways and town ways, to be kept in repair by 
him. 

Sect. 8. Every town shall raise such sum of money, to be ex- 
pended in labor and materials, on the highways and town ways, as 
they shall determine to be necessary ; and the assessors shall assess 
the same on the polls and estates, real and personal, of the inhabi- 
tants, residents and non-residents of their town, as other town charges 
are by law assessed ; and shall deliver to each surveyor a list of the 
persons within his limits, and the sums at which they are severally 
assessed. 

Sect. 9. Any town may vote to raise any sum of money, which 
such town may judge necessary, for making and repairing the high- 
ways and town ways, within the same ; and may further order, that 
the same shall be assessed upon the polls and estates of the inhabi- 
tants, residents, and non-residents of their town, as other town 
charges are assessed, and the same shall be collected, as other town 
taxes are collected. 

Sect. 10. One half, at least, of the sums of money, granted by 
any town, for repairing highways and town ways, shall be laid out and 
expended for that purpose, before the first day of July next after the 
same shall have been granted. 

Sect. 11. The surveyor shall, [except in the case provided for 
in the preceding section,] give reasonable notice, as directed by the 
town, to each person in his list, of the sum he is assessed to the high- 
ways and town ways ; and shall also give to the inhabitants, within 
the limits of his district, who may be assessed as aforesaid, seven 
days' notice of the times and places he shall appoint, (extraordinary 
casualties excepted,) for providing materials and working on the 
highways and town ways ; and each inhabitant shall have an opportu- 
nity to work thereon, in person or by his substitute, or with his oxen, 
horses, cart and plough, at the prices which the town shall affix to 
such labor, to the full amount of the sum, at which he is assessed ; 
but if any person so assessed shall pay to the surveyor, in money, 
the sum assessed to him, the surveyor shall, according to his best 
judgment, carefully expend the sum so paid in repairing the said 
ways. 



TITLE XI.] Chap. 25. Sect. 12—19. 245 

Sect. 12. The surveyor, at the expiration of his term, shall ren- Delinquents to 
(ler to the assessors a list of such persons, (if any,) as shall have be returned to 
neglected or refused to work out or otherwise pay their highway tax, their tax to be 
when required by him, as provided in the preceding section; and <^°"«''^^'^'^'" 
such deficient sums shall be placed by the assessors in a distinct col- i786, 81, § 3. 
umn, in the next assessment of a town tax upon such delinquents, and 
collected hke other town taxes, and paid into the town treasury. 

Sect. 13. Whenever there shall be a deficiency, either of labor Surveyor's 
or money, in the amount appropriated for the repair of highways and sum*vo7edis^'^ 
town ways, within the limits of any surveyor, or when the said amount deficient or not 
shall not have been furnished or paid to the surveyor, so that he is 1736 'si 6 4 
unable to make such repairs, he may employ any persons to make 
such repairs ; and the persons so employed shall be paid therefor by 
the town ; provided that the sum so expended, by any such survey- 
or, shall not exceed ten dollars. 

Sect. 14. If any town shall neglect to vote a sufficient sum of if 'o'^s neg-iect 
money, for the purpose of repairing the highways and town ways, or su/veyors^^wTh 
shall not otherwise effectually provide therefor, each of its surveyors, consent of se- 
first having obtained the consent of the selectmen for that purpose, in ,ep^r^a't"owi's 
writing, may employ any persons to repair the said highways and expense. 
townways, in their respective districts, so that the same shall be safe i786',Vi § 8. 
and convenient for travellers, at all seasons of the year, and the per- 
sons so employed shall be paid therefor by said town. 

Sect. 15. Every town may authorize their surveyors or any Surveyors may 

. r\ • ■. " DG S-Utnonzcd to 

other person, to enter into contracts for making or repairing the high- contract for re- 
ways or town ways within the same. ?^n'^"fo^^^^l' 

Sect. 16. Every town may also empower their surveyors to surveyors may 
collect all such taxes, as shall not be paid in labor or otherwise, with- "^^ autiionzed 

. • • to collect t3.xes 

in the time limited by law, or at such periods as may be agreed upon ^ money, in 
by the town ; and for that purpose, the assessors shall deliver to ^^^^ *i*=- 
them warrants of distress, which shall be in substance like the war- ' 
rants prescribed by law for collecting other town taxes ; or they may 
deliver a warrant for collecting the deficiency in any highway tax to 
the collector, who shall then proceed to collect the same, in like man- 
ner as other taxes are by law to be collected, and shall pay over the 
same to the respective surveyors, who shall be held to account with 
the selectmen for the expenditure thereof. 

Sect. 17. If any money shall remain unexpended in the hands Surveyors 
of the surveyors, after the expiration of their office, they shall pay the any surplus 
same to the town treasurer. money in 

in 1 r^ Tr- 7 11 1 1 their hands. 

Sect. 18. It any surveyor shaJl neglect to pay over such sums 1795, 58, §5. 
to the said treasurer, upon demand, the treasurer may recover the Penalty for not 

c 11 1 •! •! paying over 

same m an action lor money had and received, with twenty per cent, moneys in his 
in addition thereto, to the use of the town. iw ^Hr 

Sect. 19. Every surveyor, who shall receive his tax bill, shall penalty 'on sur- 
exhibit the same to the selectmen, on the first Monday of July annu- veyor, if he 
ally, and also at the expiration of the term for which he shall be ap- count°° 
pointed ; and at those times, respectively, shall render an account of 1'796, 58, §5. 
all moneys that have been expended by him on the highways and 
town ways ; and if he shall, in any such case, be guilty of any ne- 
glect, he shall for each offence forfeit a sum not exceeding fifty dol- 
lars, to be recovered by the said treasurer, to the use of the town. 



246 Chaf. 25. Sect. 20—27. [part i. 

Non-residents, Sect. 20. The lands of non-resident proprietors shall be taxed 
foTwffhwaTs^ ^^^' the making and repairing of highways, in the same manner as for 
1796, 58, § 7. other town taxes ; and upon default of payment, the same proceed- 
ings shall be had, as are provided for the collection of other town tax- 
es of such persons. 
Ifiossofiife Sect. 21. If the life of any person shall be lost, by reason of 

defect &c!"tle ^"7 defect or want of repair of any highway, town way, causeway or 
executor, &c. bridge, or for want of suitable rails on such way or bridge, the coun- 
SioocT*^"^*''^ ty, town or person, that is by law obliged to repair the same, shall be 
1786. fii, § 7. hable to a fine of one thousand dollars, to be recovered by indictment 
to the use of the executor or administrator of the deceased person for 
the benefit of his heirs, devisees or creditors ; provided, that the said 
county, town or person, shall have had previous reasonable notice of 
such defect or want of repair of such way or bridge. 
What damages Sect. 22. If any person shall receive any injury in his person or 
h^'ury'to person property, by reason of any defect or want of repair, which has exist- 
or property. ed for the space of twenty four hours, in any highway, town way, 
13 prck. 94. 102. causeway or bridge, he may recover, in an action on the case, of the 
6 Pick. 59. county, town, or person, respectively, that is by law obliged to re- 
^^^°' ■ pair the same, the amount of damage sustained thereby; and if the 
said county, town, or person, respectively, had reasonable notice of 
any defect or want of repair, in such highway, town way, causeway 
or bridge, the person so injured may recover double the damages so 
sustained. 
Party liable Sect. 23. If, before the entry of any action provided for in the 

fident^"<fc" preceding section, the defendant tender to the plaintiff the amount 
which he would be entitled to recover, together with all legal costs, 
and the plaintiff do not accept the same, and do not recover upon the 
trial more than the sum so tendered, the defendant shall recover his 
costs. 
Penalty on Sect. 24. If any town shall neglect to repair any of the ways or 

*°^c°^ &c."^' bridges, which it is by law obliged to keep in repair, or shall neglect 
1786,' 81. to make the same safe and convenient, when incumbered with snow, 

13 Pick. 343. g^^j^ ^^^^^ gj^^lj i^g liable to pay such a fine as the court, in its discre- 
tion, may order. 
Fines imposed, Sect. 25. All fines, imposed on any town, for deficiencies in 
ated\r repairs' ^^^ ^^'^Y^ ^"^ bridges within the same, shall be appropriated to the re- 
1811 177. pairing of such ways and bridges ; and the court, imposing any such 

fine, shall appoint one or more persons, to superintend the collection 
and application of the same to the purpose aforesaid ; and every per- 
son so appointed shall make a return of his doings therein to the said 
court. 
If town &c. Sect. 26. If, on the trial of any indictment or action, brought to 

has, within six recovcr damages for an injury, received by reason of any deficiency 
pah-s^he^y shall or want of repair, in a highway, town way, causeway or bridge, it 
not deny loca- g^all appear that the county, town or person, against whom such 
3 "pick. 408. suit is brought, has, at any time, within six years before such injury, 
2ib. 51. made repairs on such way or bridge, it shall not be competent to such 

^^^^' ' county, town or person to deny the location thereof. 
Gates, rails, &c. Sect. 27. It shall be lawful for any person to take down and re- 
may be remov- j^qvc any gates, rails, bars or fence, upon or across any highway, 
nse^siTl's- "^ unless the same shall have been there placed for the purpose of pre- 



TITLE XI.] Chap. 25. Sect. 28—33. 247 

venting the spreading of any disease, dangerous to the public heahh, lO Mass. 71. 
or unless the same shall have been erected or continued by the li- 
cense of the county commissioners for the same county, or of the 
selectmen of the town ; and any person, so aggrieved by such taking 
down and removal, may apply to the said commissioners, or said se- 
lectmen, respectively, who, if it shall appear that such gates, rails, 
bai's or fence were erected by license as aforesaid, may order the 
same to be replaced. 

GUIDE POSTS [on] PUBLIC ROADS. 

Sect. 28. Every town shall erect and maintain guide posts, on Towns to erect 
the highways and other ways within the town, at such places as shall gufde"pists.'° 
be necessary or convenient for the direction of travellers, in the man- 1794, 63, § i. 
ner provided in this chapter. 

Sect. 29. The selectmen of each town shall submit to the in- Penalty if se- 
habitants, at every annual meeting, a report of all the places, in which annually re- 
guide posts are erected and maintained within the town, and of all port to town, 
places, at which, in the opinion of the selectmen, they ought to be Tncrougifttobe 
erected and maintained ; and if the selectmen of any town shall ne- erected. 
gleet or refuse to make report as aforesaid, they shall severally for- 
feit the sum of ten dollars. 

Sect. 30. Upon the report of the selectmen, made according to penalty on 
the provisions of the preceding section, the town shall determine the *?^'"s '5": '^°*' 
several places, at which guide posts shall be erected and maintained, places for ^ide 
and a record thereof shall be rhade in the town records ; and if any P°sts- 
town shall neglect or refuse to determine said places, and to cause a 
record thereof to be made as aforesaid, such town shall forfeit the 
sum of five dollars, for every month during which they shall neglect 
or refuse so to do ; and in such case, upon any trial for not erecting 
or maintaining guide posts, reported to be necessary or convenient 
by the selectmen, such town shall be estopped from alleging that such 
guide posts were not necessary or convenient. 

Sect. 31. At each of the places determined by the town, as Description of 
provided in the preceding section, there shall be erected a substantial g^iide posts, and 
post of not less than eight feet in height, near the upper end of which erected, 
shall be placed a board or boards, and upon each board shall be plain- 1794, 63, § 3 
ly and legibly painted or otherwise marked, the name of the next 
town or place, and such other town or place of note, as the select- 
men shall think proper, to which each of such roads may lead, toge- 
ther with the distance or number of miles to the same ; and also the 
figure of a hand, with the forefinger thereof pointing towards the towns 
or places, to which the said roads lead ; provided nevertheless, that 
the inhabitants of any town may, at their annual meeting, agree upon 
some suitable substitute for said guide posts. 

Sect. 32. Every town, which shall neglect or refuse to erect Penalty, if 
and maintain guide posts, or some suitable substitutes therefor, in the to^^ns or select- 

, , ^ t ' men nesflect to 

manner provided in this chapter, shall forfeit annually the sum of five erect guide 
dollars, for every guide post which they shall so neglect or refuse to f^g^^go ^^ 
maintain. ' 

Sect. 33. If any person shall injure or deface any guide post Penalty for de- 
or board, or other thing substituted therefor as aforesaid, he shall be facing guide 
punished therefor, as provided in the one hundred and twenty sixth 1794,17, §5. 
chapter. 



248 Chap. 25. Sect. 34—42. [part i. 



PRIVATE WAYS AND BRIDGES. 

Four or more Sect. 34. Whenever any four or more persons shall be the pro- 
proprietors may prietors and rightful occupants of any private way or bridge, and any 
1787, 17, § 1.'' three of them shall make application, in writing, to a justice of the 
peace, to call a proprietors' meeting, the said justice may issue his 
warrant therefor, setting forth the time, place and purpose of the 
meeting ; and said warrant shall be posted up in some public place ot 
the town, where such way or bridge is situate, seven days at least 
before the time appointed for such meeting. 
General powers Sect. 35. The proprietors and occupants so assembled shall 
and duties of choose a clerk and surveyor, who shall be sworn ; and they may de- 

propnetors. • -, . . / ' , r ii- r 

1787, 17, § 1. termme, by a majority oi those present, the manner ot calling tuture 
meetings ; and the said meeting may determine what repairs of the 
said way or bridge are necessary, and also the proportion of money 
and of labor and materials, to be furnished by each proprietor and oc- 
cupant, for such repairs ; and the surveyor shall have the like pow- 
ers, with respect to such ways or bridges, as are exercised by sur- 
veyors of highways. 
Penalty, if any Sect. 36. In case of the neglect or refusal of any proprietor or 
fe'cts"o'°compfy occupant to comply with such vote, when required by the said sur- 
with votes. veyor, he shall be subject to the like penalties, as are provided for 
1787, 17, § 1. ^j^g |jj.g neglect or refusal in the case of highways ; and the same 

shall be recoverable in the like manner. 
Penalty for re- Sect. 37. If any sui'vcyor, so chosen by the said proprietors, 
aTsufveyon^^ shall rcfusc Or neglect to accept that trust, and take the oath afore- 
1787, 17, §2. said, he shall forfeit the sum of five dollars, to be recovered in the 
like manner, as is provided in the fifteenth chapter, for the like neg- 
lect or refusal of surveyors of highways. 
Forfeitures, Sect. 38. All fines and forfeitures, recovered under the provis- 

how to be jons of the two preceding sections, shall be applied to the use of the 

1787, 17, § 2. said proprietors for repairing the said ways or bridges. 
Proprietors Sect. 39. The Said proprietors and occupants may, at any legal 

may contract meeting for that purpose, authorize their surveyor, or any other per- 
I80i780.'^^ son, to contract by the year or for a longer or shorter time, for the 

making and keeping in repair any private ways or bridges. 

— may raise Sect. 40. At any such meeting, they may vote to raise such 

contracts'^ fcT** ^""^ °^ money, as they may deem necessary for carrying such con- 

1801, 80.' tracts into effect ; and may choose assessors, who shall assess each 

proprietor and occupant, for his proportion of such sum, according 

to his interest in such way or bridge, and who shall deliver the lists 

of such assessments to the said surveyor, with proper warrants of 

distress, in substance, as is prescribed by law for collecting town 

taxes. 

Surveyors may Sect. 41. Every such surveyor may levy and collect all taxes 

collect taxes. for the purposes aforesaid, in the same manner as surveyors of high- 

' ' ways are empowered to collect highway taxes. 

Penalty for Sect. 42. If any such surveyor shall neglect or refuse to pay 

neglect of over, according; to the direction of his warrant, the moneys so col- 
surveyors. ' ~ .11 !■ -IJ* 

1801, 80. lected, he shall be liable to the same penalties, as are provided in 

case of the like neglect or refusal of surveyors of highways to pay 
over moneys to the town treasurer in the like case. 



TITLE XI.] Chap. 25. Sect. 43 — 47. 249 

Sect. 43. If any gates, rails, bars or fence shall be upon or Gates, fences, 
across any town way or private way, the same may be removed by ^i^vatew°ays,°' 
the order of any justice of the peace of the county where such way may be remoV- 
is, unless the same shall have been there placed, for the purpose of 1786 "sm 5.*^' 
preventing the spreading of any disease dangerous to the public 
health, or unless the same were erected or continued by hcense of 
the town or of the person, for whose use such private way was laid 
out ; and any person, aggrieved by such removal, may apply to the 
commissioners for the same county ; and if upon examination, it 
shall appear that the same were erected or continued by license as 
aforesaid, the said commissioners shall order them to be replaced. 

COUNTY AND OTHER BRIDGES. 

Sect. 44. The commissioners of each county may establish by- Commissioners 
laws, to prevent all persons from riding or driving horses, at a rate "ravefiinff over 
faster than a walk, over any bridge maintained by such county, which county bridges 
shall have cost not less than one thousand dollars ; and annex penal- cagg^&^c^^' '° 
ties not exceeding one dollar, for any one breach thereof, to be re- 1829, 88, § 1. 
covered in an action in the name of the county treasurer. 

Sect. 45. Any town may, at any annual meeting, establish by- Towns may 
laws to prevent all persons from riding or driving horses, at a rate [emulate travel- 

I V o <D J lin<^ over town 

faster than a walk, over any bridge within the limits of such town, bri'Sges, in 
which shall have cost not less than five hundred dollars ; and annex ^^^' ^^\ j 
penalties not exceeding one dollar for any breach thereof, to be re- 
covered in the name of the town treasurer ; but such by-laws shall 
first be approved by the commissioners for the county in which such 
town Hes. 

Sect. 46. No person shall be liable to any of the penalties in No penalty in- 
the two preceding sections, unless the said commissioners and such by-laws "are^^ 
town, respectively, shall cause to be posted up and kept at each end posted up, &c. 
of the said bridges respectively, in some conspicuous place, a board ^^^^> ^^' ^ ^- 
painted with a white ground, containing in black letters the substance 
of their said by-laws. 

Sect. 47. The proprietors of any incorporated bridge may Proprietors of 
make such by-laws as they may deem necessary, to prevent any per- ^"^j^P^m^'^ 
son from riding, or driving horses over such bridge, at a rate faster regulate travel- 
than a walk ; and annex penalties to said by-laws not exceeding two ''"^ °^" *!"? , 

,,,-',„ l^, ,•', », o same, provided 

dollars lor each oiience, to be recovered to the use 01 the corpora- &c. 
tion ; provided however, that no person shall be liable to such pen- ^^~^> ^'^^ 
alty, unless the proprietors of such bridge shall cause to be posted 
up, and kept at each end of the bridge, in some conspicuous place, a 
board, painted with a white ground, containing in black letters the 
substance of said by-laws. 



CHAPTER 26. 

OF THE REGULATION OF FERRIES. 



Section 

1. Ferrymen, to be licensed by commis- 
sioners. 

32 



Section 

2. Tolls, to be established by the commis- 
sioners—Ferrymen to give bond. 



250 



Chap. 26. Sect. 1—9. 



[part I. 



Section 

3. Good boats, &c. to be kept at ferries. 

4. Penalty for neglect of ferrymen . 

5. Remedy for persons sustaining damage 
through negligence of ferrjTnen. 

6. Penalty for keeping a ferry without 
authority. 



Section 

7. Towns compellable to maintain ferry in, 
case, ifcc. 

8. Two towns shall bear expense jointly, 
in case, &c. 

9. Penalty on towns for neglect. 



Ferrymen to be 
licensed by 
commissioners. 
1796, 42, § 1. 



Tolls to be es- 
tablished by the 
commissioners. 



Ferrymen to 

five bond. 
796, 42, § 1. 



Good boats, 
&c. to be kept 
at ferries. 
1796, 42, § 2. 

Penalty for 
neglect of fer- 
rymen. 
1796, 42, § 2. 



Remedy for 
persons sustain- 
ing damage 
through negli- 
gence of ferry- 



Penalty for 
keeping a ferry 
without authori- 
ty. 
1796, 42, § 3. 



Towns compell- 
able to maintain 
ferry in case, 

1796, 42. § 4. 



Two towns 
shall bear ex- 
pense jointly in 
case, &c. 
1796, 42, § 5. 
Penalty on 
towns for 
neglect. 
1796, 42, § 6. 



Section 1. No person shall keep a ferry and receive pay, unless 
he shall first obtain a license therefor from the county commissioners, 
and such license may be granted for such time, as the commissioners 
shall think proper, who may revoke it when necessary. 

Sect. 2. The said commissioners may grant licenses to suitable 
persons ; and they shall also establish the fares or tolls, at each ferry, 
for passengers, horses, carriages, and other things there transported ; 
always having regard to the length and situation of each ferry, and 
the number of persons passing the same ; and in all cases taking 
bond, with sufficient sureties, of each ferryman, for the faithful per- 
formance of his duty ; provided, that diis and the preceding section 
shall not apply to such ferries as are already established by law. 

Sect. 3. Every ferryman shall keep a safe and good boat or 
boats in good repair, adapted to the waters where they are to be 
used, and shall give ready attendance on passengers, on all occa- 
sions, according to the regulations established for his ferry. 

Sect. 4. The keeper of each ferry shall, for every neglect in 
keeping such a boat, or in giving such attendance, forfeit a sum not 
exceeding twenty dollars, and be further liable in an action on the 
case, for all such damages as any person shall sustain by such neglect. 

Sect. 5. Any person who shall sustain an injury by the negli- 
gence or default of any ferryman, may have a remedy, by an action 
upon the bond required in this chapter ; and in such action, the like 
proceedings may be had, as in the case of actions brought on the 
bonds of sheriffs, according to the provisions of the fourteenth 
chapter. 

Sect. 6. If any person, without lawful authority, shall keep a 
ferry and demand or receive pay or toll therefor, he shall forfeit a 
sum not exceeding five dollars, for every day that he shall keep such 
ferry ; and he shall be further liable, in an action on the case, to pay 
such damages, as shall be thereby occasioned to any person author- 
ized to keep any established ferry. 

Sect. 7. Whenever the commissioners of any county shall judge 
it necessary to establish a ferry, and no person shall appear to keep 
the same for the stated profits thereof, the town, where such ferry 
may be, shall provide one or more suitable persons to keep and at- 
tend the same, at such place, and in such times of the year, as the 
said commissioners shall order, which persons shall be licensed as 
aforesaid ; and the expense of maintaining such ferry, beyond the 
amount received for tolls, shall be paid by such town. 

Sect. 8. If any such ferry, as mentioned in the preceding sec- 
tion, shall be established between two towns, they shall maintain the 
same, either jointly or alternately, as the said commissioners shall order. 

Sect. 9. Any town, neglecting to maintain such ferry, as provi- 
ded in the two preceding sections, shall forfeit, for each month's neg- 
lect, a sum not exceeding one hundred dollars. 



TITLE XI.] 



Chap. 27. Sect. 1 — 5. 



251 



CHAPTER 27. 

OF COMMON SEWERS AND DRAINS, IN HIGHWAYS AND OTHER 

PLACES. 



Section 

1. Highways, streets, die. not to be du, 
up to lay drains, &c. without consent of 
the selectmen. 

2. Drains, &c. how to be constructed. 

3. Persons benefited, to share the expense 
of making drains, repairing, &c 

4. Same subject. 



Section 

6. Persons benefited, and refusing to pay 
their proportions, shall pay double the 
amount. 

6. Notice to be given before opening any 
drain. 

7. Provisions of this chapter, not to affect 
agreements of parties. 



Section 1. If any person shall dig or break up the ground in Highways, 
any highway, street or lane, in any town, for the layins:, altering or streets &c. not 

• ■ r J • -I J oi b to be dug up to 

repairing oi any drain, or common sewer, without the consent of the lay drains, &c. 
selectmen, in writing, he shall forfeit the sum of five dollars for each ^''hout consent 
offence, to the use of the town, to be recovered by the treasurer 1796, 47, ^L 
thereof. 

Sect. 2. All drains and common sewers, which shall hereafter Drains, &c. 
be made or repaired in any street or highway, shall be substantially ^°'^ '° ^^ ^on 
made or repaired with brick or stone, or with such other materials, 1796^ 47, § 2. 
and in such manner, as the selectmen of the town shall permit or di- 
rect. 

Sect. 3. When any person shall, by the consent and under the Persons bene- 
direction of the selectmen, at his own charge, make and lay any com- fhe'l'xpense'of 
mon sewer or main drain, for the benefit of himself and others, who making drains, 
may think fit to join therein, every person, who afterwards shall enter yj^e'^i'f'i^i' 
his particular drain into the same, or by any more remote means shall 
receive any benefit thereby, for the draining of his cellar or land, shall 
pay to the owners of such common sewer or main drain, a propor- 
tional part of the charge of making and repairing the same, to be as- 
certained by the selectmen of the town, and certified under their 
hands ; saving always to the party aggrieved by any such determina- 
tion, a right of appeal to the county commissioners. 

Sect. 4. When any common sewer or main drain shall be stop- Same subject, 
ped or gone to decay, so that it shall be necessary to open the same, 
in order to repair it, or to remove such stoppage, all the persons, 
who shall be benefited by such repair or removal of obstructions, as 
well those, who do not, as those who do, cause such repairs to be 
made or obstruction to be removed, shall pay to the person incurring 
the expense, their proportional parts thereof, to be ascertained and 
certified by the selectmen as aforesaid ; saving to the party aggrieved 
an appeal as provided in the preceding section. 

Sect. 5. Every person, so required to pay his proportional part Persons benefit- 
of the expense of making or repairing any drain or common sewer, to pay the^^r^'"^ 
shall have notice of the sum, and of the person to whom the same is proportions, 
to be paid ; and if he shall not pay the same, within seven days after bie'thTammmt 
such notice, to the person authorized by the selectmen to receive it, 796. 47, ^ 3. 
he shall be held to pay double the amount certified by the selectmen 



252 



Chap. 27. Sect. 6—7. 



[part I. 



Notice to be 
given before 
opening any 
drain. 
1796, 47, § 3. 



Provisions of 
this chapter, not 
to affect agree- 
ments of parties. 



as aforesaid, with all expenses arising upon such neglect ; and the 
person so authorized by the selectmen may recover the said double 
amount and expenses, in an action in his own name for money laid 
out and expended. 

Sect. 6. Any person, who shall have occasion to open a com- 
mon sewer or main drain, in order to clear and repair the same, shall, 
seven days at least before he begins to open the same, give notice to 
all parties interested, by advertising in such manner as the selectmen 
may direct, that such parties may, if they think proper, object thereto, 
and state their objections in person, or in writing, to the selectmen ; 
and if the selectmen shall judge the objections reasonable, the parties 
making the same shall not be held to pay any part of such expenses ; 
but if they do not make their objections as aforesaid to the select- 
men, within three days after such notice, or if the objections shall 
not be adjudged reasonable, the selectmen shall, in writing, under 
their hands, give liberty to the persons applying, to open such com- 
mon sewer or main drain, and to clear and repair the same ; and all 
persons interested therein shall pay their proportions as before pro- 
vided. 

Sect. 7. Nothing contained in this chapter shall in any manner 
affect any covenants or agreements among the proprietors of such 
drains or common sewers. 



TITLE XII. 

Of the regulation of trade in certain cases. 



Chapter 28. 

Chapter 29. 
Chapter 30. 
Chapter 31. 

Chapter 32. 
Chapter 33. 
Chapter 34. 
Chapter 35. 



Of the inspection of provisions and other merchandize; and 

regulations respecting the sale thereof. 
Of sales by auctioneers. 
Of weights and measures. 
Of the weighing of lighters and other vessels employed in 

transporting stone, gravel and sand. 
Of shipping, ship owners and charterers ; and of pilotage. 
Of bills of exchange and promissory notes. 
Of limited partnerships. 
General provisions respecting trade. 



CHAPTER 28. 



OF THE INSPECTION OF PROVISIONS AND OTHER MERCHANDIZE 5 AND 
REGULATIONS RESPECTING THE SALE THEREOF. 



Section 

appointment of inspectors general, 
&c. 
]. Present inspectors general to continue 
in office, unless, &c. 



Section 



TION 

2. Inspectors general to be appointed by 
the governor for five j^ears. 

3. To be sworn. 

4. Deputy inspectors. 



TITLE XII.] 



Chap. 28. 



253 



Section 

beef and pork. 

5. Inspector general of beef and pork, to 

give bond. 

6. " general may appoint depu- 

ties, who shall give bond and 
be sworn. 

7. Shall attend, on request, within twenty 
four hours. 

8. Inspector general's returns, when to be 
made, and their contents. 

9. No beef to be exported, except, &c. 

10. Quality of beef to be packed. 

11. Sorts and denominations of beef. 

12. Beef, how salted. 

13. Inspectors, &c., shall cut, weigh, &c. 

14. Quality of tierces, &c., cind their con- 
tents. 

15. Imported beef and pork, how branded. 

16. Roimds of beef may be exported as 
heretofore. 

17. Beef, how branded. 

18. Pork to be inspected, &c., before ex- 
portation. 

19. Sorts and denomination of pork. 

20. How salted. 

21. Extra clear pork — Clear pork. 

22. Quality and contents of barrels, &c. 

23. When hind legs are taken out, shoul- 
ders may be put in. 

24. Inspectors' fees. 

25. Same subject. 

26. Fees for certificates. 

27. Penalty for neglect or fraud in inspect- 

ing. 

28. " on deputy for inspecting out of^ 

his town, &c. 

29. " for branding without authority. 

30. If tierces, &c., not inspected, &c., be 
laden on board of any vessel, they may 
be seized, &c. 

31. Penalty for intermixing. 

32. " on exporter, &c., for export- 

ing or shipping beef or pork, 
not inspected, &c. 

33. " for selling, &c., any beef, &c., 
deficient in weight. 

34. Manner of preparing beef cattle for 
weighing. 

35. Beef, when to be weighed. 

36. Weighers of beef, when and how ap- 

pointed. 

37. " to give certificate. 

38. Fees for weighing. 

39. Penalty on purchaser, &c., for pur- 
cheising contrary to law. 

40. Manner of weighing beef and pork. 

BEER, ALE AND CIDER. 

41. Size of barrels, &c. for beer, ale and 
cider. 



Section 

42. Forfeitures. 

43. Capacity of barrels, &c. 

BUTTER AND HOG's LARD. 

44. Inspector general of butter, &c. to give 
bond. 

45. Deputies to be appointed ; to give bond 
and be sworn. 

46. All butter, &c. for exportation to be in- 
spected. 

47. Inspector to make returns— Contents 
thereof. 

48. Manner of inspecting. 

49. Brands of casks, &c. 

50. Quality of casks. 

51. Size of kegs. 

52. Casks, &c. to be filled vnth brine before 
packing — 'How branded, &c. 

53. Imported butter, &c. not subject to 
inspection. 

54. Fees. 

55. Penalty for delaying to inspect. 

56. " " counterfeiting brands. 

57. " " putting other butter into 

branded kegs. 

58. " " exporting, &c. butter, &c. 

not inspected. 

59. When butter, &c. may be seized and 
libelled. 



CHOCOLATE. 

Chocolate, how to be stamped. 
Ingredients — Boxes, how branded. 
Chocolate, made contrary to law, may 
be seized, &c. 

FIRE ARMS. 

Provers of fire arms to be appointed 
and sworn. 

How fire arms shall be proved. 
How stamped. 
Fees. 

Penalty for buying, selling, &c. arms 
not proved. 
" " forging stamps. 

FISH. 

Inspector general to give bonds. 

Deputies, to be appointed ; to give 
bond cind be sworn . 

Inspectors to inspect alewives, &c. 
" to make retunis. 

Fish, how prepared and packed— Sorts 
and denominations of fish. 

Penalty for shifting contents of casks. 

Casks, how branded. 

Small fish, how packed. 

Fish of other states, &c. not subject to 
re-inspection. 

Quality and capacity of casks. 

Casks to be examined. 



254 



Chap. 28. 



[part I. 



Section 

80. Fees. 

81. Inspector's proportion of deputies' fees. 

82. Alewives, &c. how prepared for pack- 
ing. 

83. Sorts of alewives, &c. 

84. Quality and capacity of boxes. 

85. Brands. 

86. Fees. 

87. Penalty for exporting fish contrary to 
law — for substituting fish of inferior 
quality — fish, imported, need not be re- 
inspected. 

88. Fish, when forfeited. 

89. Penalty for lading uninspected fish on 

board of vessels. 

90. " " selling tainted fish for food. 

91. " " branding without inspect- 

ing, &c. 

GUNPOWDER. 

92. Quality and size of casks, &c. for gun- 
powder. 

93. All casks to be marked. 

94. Penalty for falsely marking, &c. 

HAT. 

95. Weighers of hay to be appointed. 

96. Their duty. 

97. May be removed. 

98. Penalty for setting up hay scales with- 
out authority. 

HOOPS AND STAVES. 

99. Cullers of hoops and staves to be ap- 
pointed. 

100. Fees. 

101. Quality and size of staves. 

102. " " " hogshead hoops. 

103. Penalty for fraud in culling. 

HOPS. 

104. Inspector general to give bond. 

105. " " to appoint deputies. 

106. Inspector's return. 

107. No hops to be exported without inspec- 
tion, except, &c. 

108. Quality and how packed. 

109. How inspected, sorted and brsinded — ■ 
Fees. 

110. Inspector's proportion of deputy's fees. 

111. Penalty for delay of inspectors. 

112. " " fraud. 

113. " " shifting contents of bags. 

114. " " altering or counterfeiting 

marks. 

115. " " intermixing hops, after in- 

spection. 

116. " " exporting uninspected hops. 

117. Hops, when forfeited. 

118. " shipped coEistwise, &c. 



Section 

119. Penalties, how and to whose use re- 
covered. 

leather, BOOTS, &C. 

120. Inspector general to give bonds. 

121. Deputies to be appomted, who shall 
give bond. 

122. Inspector's return. 

123. Sole leather not to be sold until inspect- 
ed, weighed and sealed, except, &e. 

124. Penalty for buying or selling sole lea- 
ther, not inspected. 

125. Duty of inspectors. 

126. Same subject. 

127. Sole leather to be weighed and stamped. 

128. Penalty for counterfeiting inspector's 
marks. 

129. Fees. 

130. Penalty when weight varies five per 
cent. 

131. Mcuiufacturers of boots, shoes, &c. 
may stamp their articles ; such stamp a 
warranty. 

132. Penalty for fraudulently stamping. 

lime and lime casks. 

133. Towns may choose inspectors of lime- 
To be sworn. 

134. Casks, how branded. 

135. Fees. 

136. Qualitj' of lime and casks. 

137. Penalty for breach of law in selling, &c. 
— Forfeitures. 

138. Forfeitures. 

139. Penalty for shifting contents of casks. 

140. Penalties, how recovered. 

lumber— TIMBER. 

141. Towns to choose surveyors of lumber. 

142. Their duty. 

143. Quality aud denomination of pine 

boards and planks. 

144. " of pine joists. 

145. " of spruce boards, &c. 
14<5. " of ash, maple, (fcc. 

147. " of timber, except, &c. 

148. " of mahogany and cedar. 

149. Hewn and sawed timber, how survey- 
ed and sold. 

150. Contents ofboards, &c. to be plainly 
marked. 

151. Boards, &c. to be sold according to 
marks. 

152. Fees. 

153. Penalty for fraud and for delay of sur- 
veyor. 

154. Boards, &c. not to be sold or pur- 
chased unless surveyed, except, &c. 

155. Penalty. 



TITLE XII.] Chap. 28. Sect. 1 — 3. 



255 



Section 

shingles — clapboards. 

156. Towns to choose surveyors of shingles 
and clapboards. 

157. Quality, size and denomination of shin- 
gles. 

158. How branded — Fees — Forfeitures. 

159. Qualitj' and size of clapboards. 

MEAL, INDIAN AND RYE. 

160. All meal, except, &c. to be sold by 
weight. 

161. Penalty. 

162. Provisions concerning corn, wheat and 
other grain. 

NAILS. 

163. Wrought nails, how packed and bran- 
ded. 

164. Cut nails and brads, how packed and 
branded. 

165. Forfeiture cind penalty. 

166. Penalty for counterfeiting brand, shift- 

ing contents of casks, &c. 
167 " for attempting to tremsport out 

of the state, nails not branded, 

&c. 
168. How recovered. 



169. What oils shall be deemed pure sperm- 
aceti oil. 

170. Penalty for adulteration. 

171. " " selling adulterated oil as 

pure oil. 

172. Same subject. 

173. Test 

PAPER. 

174. Paper, how packed and marked. 

175. Penalty for selling paper contrary to 
law. 

176. Forfeiture. 

POT AND PEARL ASHES. 

177. Inspector genercd to give bond. 



Section 

178. Deputies to be appointed, to give bond, 
and to be sworn. 

179. Inspector to make returns. 

180. Casks, how branded. 

181. Ashes, how inspected — Sorts and deno- 
minations. 

182. Fees. 

183. Inspector's proportion of deputies' fees. 

184. Penalty for unreasonable delay. 

185. Quality and size of casks. 

186. Casks to be weighed. 

187. Inspectors may search vessels— Forfei- 
ture. 

188. Penalty on masters, &c. for receiving 

ashes not branded. 

189. " for obstructing search. 

190. " for branding falsely. 

191. " for shifting contents of casks. 

SALT and grain. 

192. Inspectors general of salt to give bond. 

193. Deputies to be appointed. 

194. Fees. 

195. Inspector's proportion of deputies' fees. 

196. Manner of inspection. 

197. Duty of manufacturer. 

198. Penalty on inspector for unreasonable 
delay. 

199. Salt, Indian corn, wheat, &c. to be 
sold by weight, except, &,c. 

■WOOD, BARK AND CHARCOAL. 

200. Dimensions of cord wood. 

201. Penalty for selling wood, &c. not 
measured. 

202. Fees. 

203. Wood, brought in by water, how meas- 
ured—Special provisions for Boston. 

204. Carters to have tickets. 

205. Dimensions of charcoal baskets. 

206. Illegal baskets to be seized. 

207. Dimensions of charcoal boxes. 

208. Penalty for using other measures. 

209. Forfeitures, how recovered. 



APPOINTMENT OP INSPECTORS GENERAL, &C. 

Section 1. There shall be inspectors general of beef and pork, 
butter and hog's lard, fish, hops, leather, pot and pearl ashes, and 
salt ; and the inspectors general, now appointed, shall hold their of- 
fices, according to the tenor of their respective commissions, unless 
sooner removed by the governor and council. 

Sect. 2. The said inspectors general shall be appointed by the 
governor, with the advice and consent of the council, and shall hold 
their offices for the term of five years from the time of their respec- 
tive appointments, unless sooner removed from office by the gover- 
nor and council. 

Sect. 3. Each inspector general shall, before entering upon the 
duties of his office, be sworn to the faithful discharge thereof. 



Present inspec- 
tors general to 
continue in of- 
fice, unless, &c. 



Inspectors gen- 
eral to be ap- 
pointed by the 
governor for 
five years. 
1835, 85. 



To be sworn. 



256 Chap. 28. Sect. 4— 11. [parti. 

Deputy Sect. 4. Each inspector general may appoint deputy inspectors, 

inspectors. removable at his pleasure, who shall, once in every six months, 

make such returns to him, as he shall require to carry into effect the 

provisions of this chapter. 

BEEF AND PORK. 

Inspector gen- Sect. 5. The inspector general of beef and pork shall give 
pork^todve^ bond, with sufficient sureties, to the treasurer of the Commonwealth, 
bond. in the penal sum of four thousand dollars. 

1799,69, §2. o i? rriu -J • . i • * J * • 

, feECT. 0. ihe said mspector general may appomt deputy m- 
depm^ies^who"^ spcctors, in cach town, where he shall deem it necessary, for whose 
shall give bond official conduct he shall be responsible ; and they shall give bonds. 
1801 ^sTT ^'^^^ sufficient sureties, to him and his successors in office, in a pena^ 
sum not exceeding one thousand dollars each ; and shall be sworn 
either before the said inspector general or before a justice of the 
peace, to the faithful discharge of their duty. 
— shall attend, Sect. 7. The inspector general or someone of his deputies 
withm"4*hours ^"^^'^ attend, as soon as may be, within twenty four hours after re- 
1801, 18, § 1. quest made, at any suitable place within the county, where he re- 
sides, for the purpose of inspecting any quantity exceeding thirty bar- 
rels of beef and pork, or either ; and shall see the same weighed, 
packed and salted. 
Inspector gen- Sect. 8. The inspector general, in the month of May, annually, 
erai's returns, ghall make a return to the secretary's office of the whole number of 
made, and tierces, barrels and half barrels of beef and pork, so inspected by 
iT-qq *fiq"^Ts' '^'"^ ^"^ ^^^^ deputies, during the year preceding the first day of said 
1815^38,' §3. May, designating, in his return, the different sorts of beef, and the 

places at which it was inspected. 
No beef to be Sect. 9. No person shall ship on board of any vessel, for any 

ceT'^&c' ^^ purpose whatever, or export from this Commonwealth, any beef 
1799' 69, § 1. salted in this state, except in tierces, barrels, or half barrels, of the 
1801, 18. quality and dimensions herein after provided, and the contents 

whereof shall have been inspected and packed, nor unless the casks 
containing the same shall be branded, agreeably to the directions 
hereinafter contained. 
S"be'*Uked^^^ Sect. 10. No beef shall be packed in tierces, barrels or half 
1799,69, §4! barrels, for exportation, unless it be of fat cattle not under three 
years old ; and all such beef shall be cut into pieces, as nearly square 
as may be, and of not more than eight pounds nor less than four 
pounds in weight. 
Sorts and de- Sect. 11. All beef, which the inspector general or his deputies 

nominations of , ,, ..-,,, i 1 .ii i ^ ^ 

beef. shall, on exammation, nnd to have been killed at a proper age, and to 

be fat, and otherwise good and merchantable, shall be divided into 
five different sorts, for packing into tierces, barrels or half barrels, to 
be denominated and branded, respectively, mess, navy mess, num- 

Mess beef. ber one, prime, and cargo. Mess beef shall consist of the choice 
pieces of oxen or steers, well fatted and weighing six hundred pounds 
and upwards ; the shin, shoulder, clod, and not less than eight pounds 
of the neck, shall be taken from each fore quarter, and the legs and 
leg rand from the hind quarters ; and each tierce, barrel and half 
barrel, containing beef of this description shall be branded on one of 

Navy mess. the heads with the words mess beef. Navy mess beef shall consist of 



TITLE XII.] Chap. 28. Sect. 12—15. 257 

the choice pieces of oxen, steers, cows and heifers, weighing four 
hundred pounds or more, and to average five hundred and fifty 
pounds ; the shin, shoulder, clod and neck, shall be taken from the 
fore quarters, and the legs and leg rand from the hind quarters ; the 
beef to be cut into pieces of as nearly eight pounds each as possible, 
and branded navy mess. Number one beef shall consist of choice Number one. 
pieces of oxen, steers, cows and heifers, not under four hundred 
pounds weight, and to average five hundred and twenty pounds 
weight, without any shanks, and with not more than six pounds of 
the neck of each fore quarter. On one head of each tierce, barrel 
or half barrel containing beef of this description, shall be branded ^Yo. 
1. Prime beef shall consist of fat cattle, of all descriptions not be- Prime, 
fore mentioned (bulls excepted), with not more than half a neck and 
two shanks, and without any hocks ; each tierce, barrel and half bar- 
rel of beef of this description shall be branded prime. Cargo beef Cargo, 
shall consist of those pieces of beef which are excluded from mess, 
navy mess. No. 1, and prime abovementioned, (not including l>earts 
nor cheek pieces,) and shall be packed and inspected by the inspec- 
tor general, or his deputies, in the same manner as No. 1, or prime, 
and shall be branded cargo ; first taking from said pieces, excluded 1799,69. 
as aforesaid, namely, from the end of the neck, not less than four ^^^^> ' 
pounds, nor more than six pounds, and from the shank and shin of 
each quarter, not less than four pounds, nor more than eight pounds ; 
which pieces thus taken oft' shall not be exported from this state. 

Sect. 12. Every barrel of beef shall be well salted with seven- Beef, how 
ty five pounds of clean St. Ubes, Isle of May, Lisbon, or Turk's jfgg^gg^ ^4 
Island salt, or eighty pounds of coarse Liverpool salt, or other salt of 
equal quality, exclusive of a pickle made of fresh water, as strong as 
salt will make it ; to each barrel of beef of the two first sorts, shall 
be added six ounces of salt petre ; to each barrel of number one and 
prime, shall be added four ounces of salt petre ; and to each tierce, 
and half barrel, salt and salt petre, in the like proportions, according 
to the quantity and sorts of beef packed therein. 

Sect. 13. Whenever the inspector general or his deputies shall Inspectors, &c. 
have inspected and assorted any beef, according to the provisions of weigh, &c. 
this chapter, they shall, with their coopers, laborers, or others, whom I802/20, §1. 
they may employ, and for whom they shall be responsible, cut, weigh, 
pack, salt and cooper the same. 

Sect. 14. Every tierce, barrel and half barrel, in which beef Quality of 
shall be packed for exportation, shall be made of good seasoned white and their con- 
oak or white ash staves and heading, of rift timber, free from any de- '^"i?- „ 
feet ; each tierce shall contain three hundred pounds weight, each ' ' ^ ' 
barrel two hundred pounds weight, and each half barrel one hundred 
pounds weight of beef ; the barrels shall measure seventeen inches 
between the chimes, shall be twenty eight inches long, and be covered 
three fourths of the length with good oak, ash or walnut hoops, leav- 
ing one fourth in the centre ; the heads shall be made of a proper 
thickness, the hoops well set and driven together ; the half barrels 
shall contain not less than fifteen gallons, and shall be hooped in the 
same manner as the barrels. 

Sect. 15. All salted beef and pork, imported or brought into Imported beef 
this state, and sold for exportation, shall be branded with the name ^^ P°^^' ^""^ 
33 



258 



Chap. 



Sect. 16—21, 



[part I. 



branded. 
1820, 34, § 1. 
1831, 29, § 6. 



Rounds of beef 
may be export- 
ed as hereto- 
fore. 
1799, 69, § 14. 

Beef, how 
branded. 
1799, 69, § 6. 
1815, 9, 6 2. 
1801, 18, §6. 



Pork to be in- 
spected, &c. 
before exporta- 
tion. 
1801,78, §1 6. 

Sorts and de- 
nominations of 
pork. 



Bone middlings. 
Mess pork. 

Navy mess. 
Number one. 

Prime. 



Cargo . 

Pork heads or 
feet. 

1801,78, §2. 
How salted. 
1820, 34, § 3. 



Extra clear 
pork. 



of the state where the same was packed, and shall not be subject to 
inspection ; and if any such beef or pork shall be repacked and in- 
spected in this state, it shall, in addition to the several brands requir- 
ed by this chapter, be branded with the word repacked. 

Sect. 16. Nothing in this chapter shall prevent the exportation 
of rounds of beef in kegs or tubs, as now practised, the name of the 
owner, and of the town in which he resides, being first branded on 
one head of each keg or tub. 

Sect. 17. Every tierce, barrel and half barrel, in which beef 
shall be packed for exportation, shall be branded in legible letters and 
figures, as follows, to wit : with the first letter of the christian name 
and the whole of the surname of the inspector who shall have in- 
spected the same ; the name of the town where it was inspected, 
the abbreviation MASS. (for Massachusetts,) the name of the per- 
son for whorn the beef is packed, and the month and year of the in- 
spection ; and when the name of the month consists of more than one 
syllable, it may be abbreviated. 

Sect. 18. No person shall ship or export from this state, to 
any place without the same, any pork, salted within this state, unless 
the same shall have been inspected and packed in barrels or half bar- 
rels, branded according to the provisions of this chapter. 

Sect. 19. All pork, packed in barrels, or half barrels, for ex- 
portation, shall be sorted by the inspector general, or his deputies, 
and shall be denominated and branded, respectively, as follows, to 
wit : bone middlings, mess, navy mess, number one, prime, and cargo 
pork; and in all cases, the following parts shall be taken out as re- 
fuse, namely ; nose pieces, ears, brains, tails, feet, lard, and faces 
when separated from the cheek. Bone middlings shall consist of 
middle pieces taken from the hogs well fatted, weighing two hundred 
and thirty pounds or upwards. Mess pork shall consist of the pork 
of well fatted hogs, weighing not less than two hundred pounds each, 
and excluding heads, necks, legs and shoulders. Navy mess pork 
shall consist of all parts of the carcass well fatted, weighing from 
one hundred and sixty pounds, to two hundred and thirty pounds, ex- 
cept the head, fore and hind legs, and the shoulder joint. Number 
one shall consist of all parts of hogs, well fatted, averaging two hun- 
dred and twenty pounds or upwards, and weighing each not less than 
one hundred and eighty pounds, and shall have no more heads, legs, 
shoulders, or other coarse parts ; than belong to one carcass. Prime 
pork shall consist of all parts of one hog and a half, well fatted, which 
shall weigh two hundred pounds ; and prime pork in half barrels shall 
consist of pig pork, all parts of one carcass or not, and shall not con- 
tain the heads or legs of more than one carcass. Cargo pork shall 
consist of all other kinds of pork of an unmerchantable, but whole- 
some quality. All casks filled with pork heads or feet, shall be 
branded pork heads or feet, as the case may be. 

Sect. 20. Every barrel of pork shall be well salted, with seven- 
ty pounds of clean coarse salt, exclusive of a strong pickle ; and to 
every barrel of pork, packed and inspected in this state, shall be add- 
ed three ounces of salt petre of good quality, and to every half bar- 
rel two ounces. 

Sect. 21. The inspector general or his deputies may, at the re- 



1 



TITLE XII.] Chap. 28. Sect. 22—26. 259 

quest of the owner or agent, inspect and pack the following descrip- 
tions of pork, namely ; first, a quality to be denominated and branded 
extra clear pork, which shall be from well fatted hogs, weighing not 
less than three hundred pounds each, excluding heads, necks, shoul- 
ders, legs, the chine bone and spare ribs, the lean and blades from 
the backs of shoulders ; secondly, a quality to be denominated and 
branded clear pork, which shall be from well fatted hogs weighing Clear pork, 
not less than two hundred and fifty pounds each, excluding heads, &4.' '^^ 
necks, shoulders, legs, the chine bone and spare ribs, the lean and 
blades from the backs of shoulders ; and in all other respects, the 
two qualities of pork, mentioned in this section, shall be packed and 
branded, conformably to the provisions of this chapter for other de- 
nominations of pork. 

Sect. 22. Every barrel and half barrel, in which pork shall be Quality and 
packed for exportation, shall be made of good seasoned white oak or barrels, &c. 
white ash staves, and heading of rift timber, free from any defect ; the 1801,78,^3. 
barrels shall measure seventeen and one quarter inches between the 
chimes ; they shall be covered three fourths of the length with good 
oak, ash, or walnut hoops, leaving one fourth in the centre ; they 
shall contain not less than thirty one nor more than thirty one 
and a half gallons, and there shall be packed in each barrel 
two hundred, and in each half barrel one hundred, pounds weight 
of pork. 

Sect. 23. When the hind legs shall be taken out, three shoulders When hind legs 
may be put into each barrel of number one pork, and four shoulders ghoukiers may 
into each barrel of prime pork, and no more ; and cargo pork may be put in. 
consist of an equal proportion of heads, necks, legs and shoulders, ^^^^' ^^' ^ ^' 
of a wholsome quality. 

Sect. 24. The inspector general and his deputies shall be paid inspectors fees, 
the following and no other fees, for inspecting and branding all casks jgoi' 18 
of beef and pork, to wit; for every tierce and every barrel, twelve 
cents and a half; and for eyery half barrel, eight cents, exclusive of 
cooperage ; which charges of inspection shall be paid by the shipper ; 
and the inspector general may receive from any deputy three cents 
for each tierce and barrel, and two cents for each half barrel, which 
such deputy may inspect and brand. 

Sect. 25. In addition to the fees for inspection and branding, Same subject. 
there shall be paid by the employer to the inspector general or his 1^03,139, §4. 
deputies, for their services, and for the laborers and coopers, em- 
ployed by them in packing beef or pork, as before provided in this 
chapter, the following compensation, to wit ; for all tierces and bar- 
rels, when the number does not exceed fifty, twenty five cents each ; 
for all half barrels, when the number does not exceed fifty, sixteen 
cents each ; and in packing houses, where larger quantities than as 
above mentioned are packed, they shall receive twenty cents for each 
tierce or barrel, and fourteen cents for each half barrel. 

Sect. 26. The inspector general and his deputies shall respec- Fees for certifi- 
tively be entitled to the following fees, for all certificates signed by jggY'is 57 
them, to wit ; for every certificate of any quantity of beef or pork, 
not exceeding one hundred tierces, barrels or half barrels, twenty five 
cents ; for every certificate of any quantity, greater than one hundred 
barrels and not exceeding two hundred tierces, barrels or half barrels, 



260 Chap. 28. Sect. 27—35. [part i. 

fifty cents ; and for every certificate of more than two hundred 
tierces, barrels or half barrels, one dollar. 
Penalty for Sect. 27. If the inspector general or any deputy inspector shall 

in mTpec'tb?"^ neglect Of refuse to inspect or bi'and, or shall be guilty of any neglect 
1799, 69, § "2. or fraud in inspecting, packing or branding any cask of beef or pork, 
contrary to the provisions of this chapter, or shall mark with his 
brands any cask containing beef or pork, which has not been actually 
inspected, he shall forfeit the sum of ten dollars for each ofi'ence. 
Penalty on dcp- Sect. 28. If any deputy inspector shall inspect or brand any 
h!^ o'^t ofh^r^' ^^^^ of beef or pork, out of the town or county for which he is ap- 
town, &c. pointed, he shall, for each offence, forfeit a sum not exceeding fifty 

1799. 69, § 1. (joijaj.g_ 

Penalty for Sect. 29. If any pcrson. Other than the inspector general or a 

out"a1i"iK)ritv'' '^^puty inspector, shall brand any cask of beef or pork, he shall for- 
1799, 69, § 7. feit a sum not exceeding twenty dollars for each cask so unlawfully 

branded. 
If tierces, &c. Sect. 30. If any tierces, barrels or half barrels of beef or pork, 
&eT''r*^f ' "°^ inspected, packed or branded, according to the provisions of this 
board any ves- chapter, shall be laden on board of any vessel, for exportation from 
^*^!'^'^''>^"^3'be tiiis state, the inspector general or any deputy inspector may seize 
1799, 69, §16. and libel the same, and shall thereupon proceed therewith, in all re- 

1801. 18, § 3. spects, according to the provisions of the one hundred and eighteenth 

chapter, concerning the seizing and libelling of forfeited goods ; and 
if upon the trial it shall appear that such beef or pork was lawfully 
seized, the same shall be decreed to be forfeited, and shall be sold 
and disposed of as provided in the same chapter. 
Penalty for in- Sect. 31. If any person shall intermix, take out or shift any 
ngg'ligfs lO. ^^^^ °^' pork, from any cask inspected or branded as aforesaid, or put 
in any other beef or pork for sale or exportation, contrary to the pro- 
visions of this chapter, he shall, for each offence, forfeit a sum not 
exceeding twenty dollars. 
Penalty on ex- Sect. 32. If any person shall ship for exportation, or shall ex- 
porter, cfec. for pQj.{ from this State, any salted beef or pork not inspected and 

Gxportin^" or ^ . ^ 

shipping-'beefor branded, every such shipper or exporter, and the master of every 
pork not in- vcssel, having on board such beef or pork, shall respectively forfeit 
1799, 69, §16. the sums following; the shipper or exporter, six dollars, and the 
master of such vessel, tv/o dollars for every cask so shipped or ex- 
ported. 
Penalty for sell- Sect. 33. If any pcrsou shall offer for sale, or shall sell any cask 
mg 5^. any of salted beef Or pork, not containing the quantity, and not packed in 
cient in weight, the manner provided by law, he shall forfeit, for each cask so offered 

1787. 19, § 2. or sold, a sum not exceeding ten dollars, to be recovered to the use 

of the town, wherein the offence shall be committed. 

Manner of pre- Sect. 34. All beef catUe, except bulls, sold in market by 

paring^eef cat- ^yeight, shall, when slaughtered, be prepared for weighing, in the fol- 

1833, 200. °" lowing manner ; the legs shall be taken off at the knee and gambrel 

joint, the skin shall be taken from all other parts of the animal, the 

head shall be taken off at the second joint of the neck, the entrails 

taken out, and all the fat of the same be taken off and weighed as 

rough tallow ; and every other part of the animal, including the hide 

and rough tallow, (the udder of cows excepted,) shall be weighed. 

Beef, when to Sect. 35. All beef shall be weighed upon the first week day 



TITLE XII.] Chap. 28. Sect. 36 — 40. 



261 



succeeding that on which it may be slaughtered ; and every person, 
who shall slaughter beef, so sold in market by weight, and prepare it 
for being weighed, in any other manner than as herein prescribed, 
shall forfeit a sum not exceeding thirty dollars for each offence ; pro- 
vided, that nothing herein contained shall prevent the buying and 
selling of beef cattle on the foot, or the slaughtering or weighing of 
cattle in any mode or at any time, which shall be agreed upon be- 
tween the buyer and seller. 

Sect. 36. The selectmen of every town, where beef cattle are 
sold for the purpose of market, or barrelling, shall appoint one or 
more person or persons, who shall be conveniently situated in such 
town, and not dealers in cattle, to be weighers of beef ; who shall be 
sworn to the faithful discharge of the duties of their office, and shall 
receive such fees as are hereinafter prescribed. 

Sect. 37. All beef, sold as aforesaid, shall be w^eighed by the 
said sworn weighers ; and certificates of the weight of all the beef, 
hide and tallow of each of the cattle, in the form following, shall be 
signed by the said weighers and be delivered to the sellers thereof, 
to wit : 



be weighed. 
1833, m 



Weighers of 
beef, when and 
how appointed. 
1815, 99, § 1. 



Weighers to 

five certificate. 
815, 99, § 2. 



FORM OF CERTIFICATE. 



This certifies that I have duly weighed the cattle, 
bought by of from of 

day of 18 



this 



Beef, 

Hide, 

Tallow, 












Total, 1 1 1 I 1 



Sworn weigher. 

Sect. 38. The fees for weighing shall be as follows ; for weigh- 
ing any number of cattle, not exceeding five, twenty cents each ; for 
all above five and not exceeding ten, fifteen cents each ; for all above 
ten and not exceeding twenty, ten cents each ; for all above twenty, 
five cents each, after the first twenty ; and twelve and a half cents for 
each certificate, which shall contain the several weights of all the cat- 
tle offered for weight by any one person, unless otherwise regulated 
by the seller thereof ; and said fees shall be paid by the seller. 

Sect. 39. Any butcher or purchaser of beef cattle, intended for 
market or barrelling, who shall purchase any such beef cattle, contra- 
ry to the several provisions of this chapter, shall forfeit a sum not ex- 
ceeding thirty dollars for each offence. 

Sect. 40. When any quantity of beef or pork, exceeding fifty 
pounds, shall, for the purposes of a sale, be weighed by the owner 
or keeper of any slaughter house, store, or warehouse, or by any 
person in his service or under his direction, the same shall be weigh- 
ed, either by sealed scales and weights, or by the vibrating steel- 
yard authorized by the provisions of the thirtieth chapter ; and every 
such person, who shall weigh any such quantity of beef or pork, in 
any other than the manner aforesaid, shall, for each offence, forfeit 
the sum of ten dollars to the use of the town, in which the offence 
shall be committed. 



Fees for weigh- 
ing. 
1815, 99, § 3. 



Penalty on pur- 
chaser, &c. for 
purchasing con- 
trary to law. 

1815, 99, § 6. 

Manner of 
weighing beef 
and pork. 
1799, 30. 

1816, 66. 



262 



Chap. 28. Sect. 41—49. 



[part I. 



Size of barrels, 
&c. for beer, 
ale and cic'er. 
1828, 99, § 1. 



Forfeitures. 
1828, 99, § 1. 



Capacity of 
barrels, &c. 
1828, 99, § 2. 



Inspector gene- 
ral of butter, &c 
to give bond. 
1795, 84, § 9. 

Deputies to be 
appointed, to 
give bond, and 
be sworn. 
1799, 8-i, § 9. 



All butter, &c. 
for exportation, 
to be inspected. 
1799, 84, § 1. 



Inspector to 
make returns. 
Contents. 
1799, 84, § 9. 
1815, 3S, ^ 2. 



Manner of in- 
specting. 
1820, 23. 



Brands of 
casks, &-C. 



BEER, ALE AND CIDER. 

Sect. 41. No person shall expose for sale any ale or beer, in 
barrels, half barrels, casks or kegs, of a less capacity, respectively, 
than barrels of thirty two gallons each, half barrels of sixteen gallons 
each, and casks or kegs of ten gallons each, unless such other barrels, 
half barrels, casks or kegs, shall be conspicuously and permanently 
marked, on both heads thereof, with the true gauge or measure there- 
of in gallons. 

Sect. 42. Any person, offending against the provisions of the 
preceding section, shall forfeit the value of the ale or beer so expos- 
ed to sale or sold, and the barrels, half barrels, casks or kegs con- 
taining the same, to the use of the town where the offence shall be 
committed. 

Sect. 43. In all contracts for the sale of any ale, beer or cider, 
by the barrel or half barrel, the barrel shall be deemed to contain 
thirty two gallons, and the half barrel sixteen gallons, unless the par- 
ties shall otherwise agree. 

butter and hog's lard. 

Sect. 44. The inspector general of butter and hog's lard shall 
give bond, with sufficient sureties, to the treasurer of the Common- 
wealth, in the penal sum of one thousand dollars. 

Sect. 45. The said inspector general shall, in every seaport 
town, from which butter and hog's lard are exported, and in such oth- 
er places as he shall judge necessary, appoint deputy inspectors, in 
the manner hereinafter provided, for whose official conduct he shall 
be answerable ; the said deputies shall each give bond to the inspec- 
tor general, with sufficient sureties, in the penal sum of five hundred 
dollars, for the faithful discharge of the duties of their office, and shall 
also be sworn, either before the said inspector general or a justice of 
the peace, to the faithful discharge of the duties thereof. 

Sect. 46. The inspector general or his deputies shall inspect 
and prove all butter and hog's lard in casks, firkins or kegs, that shall 
be intended for exportation ; and no person shall ship either of the 
said articles for exportation, before the same shall have been in- 
spected. 

Sect. 47. The inspector general of butter and lard shall, annual- 
ly, in the month of May, make a return to the secretary's office, of 
the whole number of casks, the different qualities, and the weight 
of each quality, of butter and lard inspected by him and his deputies, 
during the year preceding the first day of said May. 

Sect. 48. The inspector general or his deputies shall examine 
the casks, kegs or firkins, containing butter or hog's lard intended to 
be exported as aforesaid, and shall, with a hollow iron searcher, per- 
forate the contents of said casks, kegs or firkins, from one head to 
the other, and thereby draw out so much as shall determine the qua- 
lity of the whole ; and he shall see that it has been preserved with a 
due proportion of good fine salt, that it is sweet, and in all respects 
fit to be exported to any foreign market, without danger of spoiling ; 
and the inspector general and his deputies shall return, forthwith, the 
butter or hog's lard so drawn out of any cask, firkin or keg. 

Sect. 49. Each cask, keg, or firkin of butter, or hog's lard, 



TITLE XII.] Chap. 28. Sect. 50 — 57. 263 

which appears to be good and fit to be exported as aforesaid, shall be 1799, 84, § i. 
branded in plain and legible letters with the words butter or hog's Jg^^' ff'^ g 
lard, and Jirst, or second, or third ; and all other butter or hog's lard 
with the word refuse ; and each cask, keg or firkin so inspected shall 
be also branded with the letters MASS., the name of the town where 
it shall be inspected, the initial letter of the inspector general's or de- 
puty's christian name, and the whole of his surname, and the month 
and year in which the same may be inspected ; and when the name of 
the month shall consist of more than one syllable, it may be abbrevi- 
ated. 

Sect. 50. All casks, kegs or firkins, in which butter or hog's Quality of casks 
lard shall be packed for exportation, except when packed as provided Jg^' |g' ^ ^* 
in the following section, shall be made of sound and well seasoned 
white oak or ash staves and heading, full bound, twelve and an half 
inches m length, and eight and a half inches diameter in the head, or 
fifteen inches in length, and ten and an half inches diameter in the 
head. 

Sect. 51. The several inspectors may, when requested, inspect Size of kegs. 
and brand kegs of butter or hog's lard of the following sizes, nan)ely ; J™' ^g' ^ ^• 
kegs twelve inches long, and of seven and a half inches diameter in 
the heads, or ten inches long with six inches head. 

Sect. 52. Each cask, keg or firkin, before any butter or hog's Casks,&c. to be 
lard shall be packed therein, shall be filled with a strong brine, which Ee'Jackingl 
shall remain therein three days ; and as soon as the brine is emptied how branded. 
from the cask, keg or firkin, it shall be weighed by the owner of such ^ ' ' ^ ' 
butter or hog's lard, who shall with a marking-iron mark, on one of 
the heads thereof, the full weight of the cask, keg or firkin, and shall 
brand the initial letter of his christian name and his surname at large. 

Sect. 53. Any butter or hog's lard, imported into this state, Imported but- 
and inspected in the state in which it shall have been packed, shall sub'^tt""^. 
not be subject to a reinspection ; and any so imported, which shall spection. 
not have been inspected in any other state, may be shipped without ^^2^^^'^^^' 
inspection. 

Sect. 54. The inspector general or any deputy, for his services Fees. 
in inspecting, branding, weighing and delivering to the owner an in- isoo'sg'ls.' 
voice or weigh note, under his hand, of the weight of each cask, keg 1815,' 114, § 3. 
or firkin, shall receive eight cents for each cask, keg, or firkin, to be 
paid by the purchaser of the same. 

Sect. 55. If the inspector general or any deputy shall, on ap- penalty for de- 
plication made for the inspection of any butter or hog's lard as afore- laying to inspect 
said, unreasonably refuse, neglect or delay to proceed to such inspec- ' 
tion and branding, for the space of three hours, after application so 
made to him, he shall, for each offence, forfeit the sum of two dol- 
lars. 

Sect. 56. If any person shall counterfeit any brand, belonging —for counter- 
to or used by the said inspector or his deputies, or shall impress or i^gg^^^'^^f' 
brand any cask, keg or firkin of butter or hog's lard, with any brand 
or brands of such inspector, or with any counterfeit brand as afore- 
said, he shall forfeit for each offence the sum of ten dollars ; and if 
any owner of butter or lard shall falsely mark any cask, keg or firkin 
thereof, he shall forfeit the sum of three dollars for each offence. 

Sect. 57. If any person shall empty any cask, keg or firkin of —for putting 



264 Chap. 28. Sect. 68—63. [part i. 

other butter into butter or lard, inspected and branded as by this chapter is required, 
branded kegs, a^d g^all put in any other butter or lard, for sale or exportation, vvith- 
1799, 84, § 7. out first cutting out the said brands and marks, the person or per- 
sons so offending shall for each such cask, keg, or firkin, forfeit the 
sum of ten dollars, 
—for exporting, Sect. 58. If any person shall export, or ship for exportation, 
&c., butter, &.C, ffom this State, any butter or hog's lard, not inspected and branded as 
n9%^Hi^ii. aforesaid, (except as hereinbefore provided for butter and hog's lard 
1800,28, ^2. imported into this state from any other of the United States,) such 
exporter or shipper shall forfeit one dollar, and the master of every 
such vessel shall forfeit fifty cents, for each cask, keg or firkin so 
shipped or exported. 
When butter, Sect. 59. If any butter or lard shall be shipped for exportation 

Seized ^■^d'^i^b I- '^^ exported from the slate, contrary to the provisions of this chapter, 
led. the inspector general or any deputy inspector may seize and libel the 

1800, 28, § 4. same, according to the provisions of the one hundred and eighteenth 
chapter, concerning the seizing and libelling of forfeited goods ; and 
if upon the trial it shall appear that the seizure was lawful, the said 
butter or lard shall be decreed to be forfeited, and shall be sold and 
disposed of, according to the provisions of the same chapter. 

CHOCOLATE. 

Chocolate, how Sect. 60. Manufacturers of chocolate shall not make any cake 
1803 iiTTi'^ °^ chocolate, except in pans, in which shall be stamped the first let- 
ter of their christian name and the whole of their surname, the name 
of the town where they reside, with the quality of the chocolate in 
figures, Jfo. 1, Jfo. 2, Jfo. 3, as the case may be, with the letters 
MASS. for Massachusetts. 
Ingredients. Sect. 61. Number One chocolate shall be made of cocoa of the 

branded'"^ first quality, and number two chocolate shall be made of the second 
1803, 54, §2. quality of cocoa, and both shall be free from adulteration; number 
three may be made of the inferior kinds and quality of cocoa ; and 
each box containing chocolate shall be branded on the end thereof 
with the word chocolate, the name of the manufacturer, the town 
where the same was manufactured, and the quality, as described and 
directed for the pans in the preceding section. 
Chocolate, Sect. 62. If any chocolate manufactured in this state shall be 

t^^fa\v°maTbe offered for sale, or be found within the same, not being of one of the 
seized, &c qualities described in the two preceding sections, and marked as 
1803, 54, §§ 3, ^[nigj.gj^ directed, or, if any such chocolate shall be put on board of 
any vessel or carriage of conveyance, for the purpose of being trans- 
ported out of this state, the same may be seized and libelled, accord- 
ing to the provisions of the one hundred and eighteenth chapter, con- 
cerning the seizing and libelling of forfeited goods ; and for that pur- 
pose, any justice of the peace may, upon complaint made to him, 
issue his warrant, directed to any sheriff, deputy sheriff or constable, 
requiring them respectively to make such seizure ; and if upon the 
trial, it shall appear that the seizure was lawful, the said chocolate 
shall be deemed to be forfeited, and shall be sold and disposed of, ac- 
cording to the provisions of the same chapter. 

fire arms. 
Provers offire Sect. 63. The govemor, with the advice and consent of the 



TITLE XII.] Chap. 28. Sect. 64 — 68. 265 

council, shall appoint suitable persons, not exceeding two in any arms to be ap- 
county, where the manufacture of fire arms is carried on, to be prov- pointed and 
ers of fire arms, who shall be sworn to the faithful discharge of their )8m"81 § i. 
trust, and who shall prove all musket barrels and pistol barrels, which 
being sufficiently ground, bored and breeched, shall be offered to 
them to be proved. 

Sect. 64. All musket barrels and pistol barrels, manufactured in How fire arms 
this state, shall, before the same shall be sold, and before the same shall be proved, 
shall be stocked, be proved by one of the provers aforesaid, in man- isis^ 192,6 1. 
ner following, namely ; with a charge of powder equal in weight to 
the ball which fits the bore of the barrel to be proved ; and the pow- 
der used in such proof shall be such, that one ounce thereof in a how- 
itzer of four and a half inch calibre, at an elevation of forty five de- 
grees, shall be of sufficient power to carry a twelve pound shot one 
hundred and thirty yards ; or one ounce thereof in a howitzer of five 
and a half inch calibre, at an elevation of forty five degrees, shall be 
sufficient to carry a twenty four pound shot eighty yards ; and the 
ball used in such proof shall be suited to the bore of the barrel to be 
proved as aforesaid. 

Sect. 65. If the said musket and pistol barrels shall stand the How stamped, 
proof aforesaid, and shall in no respect fail, then the said prover shall ^^^> ^^' ^ ^• 
stamp the same on the upper side, and within one and an half inches 
of the breech of said barrels, with a stamp consisting of the initial 
letters of the prover's name, and over those letters the letter P., and, 
in the line with the said initial letters, and further up said barrel, the 
figures designating the year in which the proof is made, and over the 
said figures the letter M. ; which said letters and figures shall be so 
deeply impressed on said barrel, that the same cannot be erased or 
disfigured, and shall be in the form following a.b.,Ys35. 5 ^^^^ when any 
barrels shall burst, or shall in any manner fail in the proving, as afore- 
said, so that in the opinion of the prover they are unfit for use, they 
shall not be stamped. 

Sect. 66. Any prover, so proving musket or pistol barrels, shall Fees. 
be entitled to receive from the owner, for each musket barrel thirty ^^^' ^^> ^ ^' 
three cents, and for each pistol barrel twenty five cents, whether the 
same stand proof and are stamped or not. 

Sect. 67. If any person shall manufacture, within this state, any Penalty for 
musket or pistol, or shall sell and deliver, or shall knowingly pur- ^">'"g'' selling, 

1 •' ' o »/ 1 ol-c. 3.rnis not 

chase any musket or pistol so manufactured, without having the bar- proved. 

rels first pioved, marked and stamped as aforesaid, or shall sell, I813, 192, §2. 

stock, or finish, or shall knowingly purchase, any musket barrel or 

pistol barrel, manufactured within this state, which shall not have been 

first proved, marked and stamped, he shall forfeit for each offence 

the sum of ten dollars ; provided, however, that the penalties and 

provisions mentioned in this section shall not extend to any muskets 

or pistols, or musket or pistol barrels, manufactured in any armory 

of the United States, for the use of, or in execution of any contract 

made or to be made with, the United States, for the manufacture of 

fire arms. 

Sect. 68. If any person shall forge or alter the stamp of any _for foro-ino- 
such prover of fire arms, impressed on any musket or pistol barrel stamps, 
pursuant to law, he shall pay a fine not exceeding fifty dollars. ' ' ^ ' 

34 



266 



Chap. 28. Sect. 69—74. 



[part I. 



Inspector gene- 
ral to give 
bond. 
1809, 120, § 2. 

Deputies, to be 
appointed, to 
give bond and 
be sworn. 
1809, 120, § 2. 



Inspectors to 
inspect ale- 
wives, &c. 
1807,51, §4. 
— to make re- 
turns. 

1807, 54., §§ 3 
and 4. 
1815, 38, § 2. 

Fish, how pre- 
pared and 
packed. 



Sorts and de- 
nominations of 
fish. 

1809, 120, § 3. 
1834, 147. 



Penalty for 
shifting contents 
of casks. 
1809, 120, § 3. 



FISH. 

Sect. 69. The inspector general of pickled fish shall give bond, 
with sufficient sureties, to the treasurer of the Commonwealth, in the 
penal sum of ten thousand dollars. 

Sect. 70. The said inspector general may appoint deputy in- 
spectors, in every seaport or other town, where such fish is packed 
for exportation, and he shall be answerable for their official conduct, 
and shall take bonds from each of them, with sufficient sureties, in 
such sum as he shall judge sufficient ; and the said deputies shall be 
sworn, either before the said inspector general or some justice of the 
peace, to the faithful discharge of their duty. 

Sect. 71. The inspector general and deputy inspectors of pick- 
led fish shall also be inspectors of smoked alewives and herrings. 

Sect. 72. The inspector general shall, in the month of January, 
annually, make a return into the office of the secretary of the Com- 
monweallh, of the gross quantities of fish inspected by him and his 
deputies, during the year preceding the first day of said January, 
designating the quantities of pickled fish and smoked fish, respectively. 

Sect. 73. The inspector general and his deputies, respectively, 
shall see that all kinds of split pickled fish and fish for barrelling, 
intended for exportation, except herring, have been well struck with 
salt or pickle, in the first instance, and preserved sweet, free from 
rust, taint or damage ; and such fish as shall be found in good order 
and of a good quality shall be packed, either in tierces containing 
each three hundred pounds of fish, or in barrels containing each two 
hundred pounds, or in half barrels containing each one hundred 
pounds, or in quarter barrels containing each fifty pounds, or in eighths 
of a barrel or kids containing each twenty five pounds ; and they shall 
be packed with good and clean salt suitable for the purpose, and after 
packing said fish with sufficient salt to preserve them, and heading said 
casks, they shall be filled up with a clear strong pickle. There shall be 
four qualities of mackerel, three of salmon and shad, and two of other 
kinds of pickled fish ; those mackerel of best quality for family use, 
not mutilated, of suitable size, free from rust or damage, shall be 
number one and number two, the best of those selected and branded 
number one, the residue number two ; those remaining after this se- 
lection of usual size, free from taint, and sound, shall be branded" 
number three ; and those of this number that are of the description 
called Block island mackerel, shall also be branded with the word 
south ; all small size mackerel, free from taint, and sound, remaining 
after the above selections, shall be branded number four ; those salmon 
and shad, which are of the best quality for family use, free from rust or 
damage, shall be selected for number one and number two, the best 
of them selected and branded number one, the residue number two ; 
all that remain free from taint, and sound, shall be branded number 
three ; of all other pickled fish the best, such as are free of taint and 
damage, shall be branded number one, those that remain, free from 
taint, and sound, number two. 

Sect. 74. Each cask shall be filled with fish of one and the 
same kind ; and if any person shall intermix, take out, or shift any 
inspected fish, which are packed and branded as aforesaid, or put in 



riTLE XII. J Chap. 28. Sect. 75 — 80. 267 

other fish, for sale or exportation, contrary to the true intent and 
meaning of the provisions of this chapter, he shall forfeit fifteen dol- 
lars for each package so altered ; provided, however, if any casualty 
shall render it necessary to repack a cask of inspected fish, it shall in 
all cases be done by an inspector of such fish. 

Sect. 75. The inspector general or his deputies shall brand, in Casks, how 
plain legible letters, on the head of each cask of fish inspected by branded, 
them, respectively, the denomination of the fish packed or repacked i83o| 84, \\. ' 
therein ; the initials of the christian name and the whole of the sur- ^^•^' ^'^'^i §§ ^j 
name of the inspector general or his deputy, as the case may be, the ^ 
name of the town for which such deputy is appointed, the letters 
MASS. (for Massachusetts) and the year in which the fish are pack- 
ed ; and the said inspectors shall also, when in their judgment it may 
be necessary, nail, in a suitable manner, every cask in which fish are 
packed. 

Sect. 76. All small fish, which are usually packed whole, with Small fish, how 
dry salt or pickle, shall be put in good casks of the size and mate- P^*^^"'- 
rials required in this chapter for the packing of split pickled fish, and 
shall be packed close in the cask and well salted ; the casks shall be 
filled full with the fish and salt, and no more salt shall be put with the 
fish, than is necessary for their preservation ; and the casks containing 
such whole fish shall be branded with the denomination of the fish, 
and a like designation of the qualities, as is before prescribed in this 
chapter, in respect to the qualities of other pickled fish. 

Sect. 77. Pickled fish, which shall have been duly inspected Fish of other 
in the state or country in which it shall have been packed, shall not be ^lolTuht^c't to 
subject to reinspection in this state. reinspection. 

Sect. 78. All casks, used for packing or repackine; pickled fish ^^^^^ ^^- 

•*jjr .*• ^1 .••! I Uiialltv and ca- 

mtended tor exportation, except casks contammg less than twenty parity'of casks, 
five pounds weight, shall be made of sound well seasoned white oak, 1809, 120, § 1. 
ash, red oak, spruce, pine or chesnut staves, of rift timber, sound 
and well seasoned, wuh heading of either of the said kinds of wood, 
and if of pine, such heading shall also be free from sap and knots, 
and shall be planed ; the barrels, half barrels and tierces shall be well 
hooped, with at least three good hoops of sufficient substance on 
each bilge, and three hoops of the like quality on each chime ; the 
barrel staves shall be tw^enty eight inches in length, and the heads 
shall be seventeen inches between the chimes ; the barrels shall con- 
tain not less than twenty eight nor more than twenty nine gallons 
each ; the half barrels not less than fifteen gallons each ; and the tier- 
ces not less than forty five nor more than forty six gallons each ; and 
each cask shall be made in a workmanlike manner, and shall be brand- 
ed on the side thereof, near the bung, with the name of the maker 
thereof. 

Sect. 79. The inspector general or his deputies shall strictly Casks to be ex- 
examine and inspect all casks, in which they may be required to pack iggo^ a 4 
any fish ; and they shall reject all such as are not made in a substan- 
tial manner, and according to the provisions of this chapter. 

Sect. 80. The fees for inspecting and branding, exclusive of Fees, 
cooperage, shall be ; for each tierce fourteen cents, each barrel nine 1324' 14(5! " 
cents, each half barrel six cents, each cask of any smaller denomina- 1829, 47. 
tion three cents, and in addition to the fees aforesaid, one cent for ' '§^- 



268 



Chap. 



Sect. 81—88. 



[part I. 



Inspector's pro- 
portion of depu- 
ties' fees. 
1809, 120, § 7. 



Alewives, &c. 
how prepared 
for packing. 
1807, 54, § 1. 

Sorts of ale- 
wives, &c. 
1807, 54, § 2. 



Quality and 
capacity of 
boxes. 
1807,54, $1. 



Brands. 
1807,54, §2. 



Fees. 

1807, 54, § 4. 



Penalty for ex 
porting fish, 
contrary to law, 

— for substitut- 
ing' fish of infe- 
rior quality. 



Fish, imported, 
need not be re- 
inspected. 
1807, 54, § 5. 
1824, 3, § 1. 

Fish, when 
forfeited. 
1809, 120, § 9. 
1817, 34, § 1. 



each cask that may be nailed as before provided ; and all said fees 
shall in the first instance be paid by the original owner of said fish, 
or by the person employing the inspector, and may be recovered by 
them, respectively, of the person who shall afterwards purchase or 
export the same. 

Sect. 81. The inspector general may receive from his depu- 
ties, for every cask of fish inspected by them, respectively, the fol- 
lowing fees ; for each tierce, four cents, for each barrel, one cent, 
for each half barrel, half a cent, and for each smaller cask, one quar- 
ter of a cent. 

Sect. 82. All alewives or herrings, intended to be packed for 
sale or exportation, shall be sufficiently salted and smoked to cure 
and preserve the same, and afterwards shall be closely packed in 
boxes, in clear and dry weather. 

Sect. 83. All smoked alewives or herrings shall be divided and 
sorted by the inspector, or his deputy, and denominated according to 
their quahty, number one and number two. Number one shall con- 
sist of all the largest and best cured fish ; number two of the smaller, 
but well cured fish ; and in all cases, the following shall be taken out 
as refuse, namely, all those which are belly broken, tainted, scorched 
or burnt, slack salted, or not sufficiently smoked. 

Sect. 84. All boxes, made for the purpose of packing smoked 
alewives or herrings, and containing the same, shall be made of good 
sound boards, sawed and well seasoned ; the sides, top and bottom 
of not less than half inch boards, and the ends of not less than three 
quarters of inch boards, securely nailed, and shall be seventeen 
inches in length, eleven inches in breadth, and six inches in depth, 
in the clear, inside. 

Sect. 85. Each box of alewives or herrings, so inspected, shall 
be branded on the top, by the inspecting officer, with the first letter 
of his christian name, the whole of his surname, the name of the 
town where it was inspected, with the addition of MASS., (for 
Massachusetts,) and also with the quality of number one, or number 
two. 

Sect. 86. The fees for inspecting, packing and branding, shall 
be five cents for each box, which shall be paid by the purchaser ; 
and the inspector general may require from his deputies one cent for 
each box inspected, packed, and branded, by them. 

Sect. 87. No smoked alewives or herrings shall be exported 
from this state, unless inspected and branded as aforesaid, under a 
penalty of two dollars for each box exported ; nor shall any alewives 
or herrings be taken from any box, inspected and branded as afore- 
said, and be replaced by others of an inferior quality, with intent to 
defraud any person in the sale of the same, under a penaUy of five 
dollars for each box so changed ; provided, that all smoked herrings 
and alewives, arriving from any other state in the United States, and 
having been there inspected, may be exported in any vessel from this 
state, without being reinspected. 

Sect. 88. If any pickled fish, or smoked fish, M^hich has not 
been inspected and branded, according to the provisions of this chap- 
ter, shall be put on board of any boat or vessel, or into any carriage 
of conveyance, with intent that the same shall be sold within, or ex- 



TITLE XII.] Chap. 28. Sect. 89 — 95. 269 

ported from, this state, the inspector general or any deputy may seize 
and libel the same, according to the provisions of the one hundred 
and eighteenth chapter, concerning the seizing and libelling of forfeit- 
ed goods ; and if upon the trial it shall appear that such seizure was 
lawful, the fish so seized shall be decreed to be forfeited, and shall be 
sold and disposed of according to the provisions of that chapter. 

Sect. 89. If any master of a vessel or other person shall put or Penalty for lad- 
receive, on board of any vessel or in any carriage of conveyance, for !."? ""'"spected 
transportation from this state, any pickled fish, or smoked fish, not vessels. 

inspected and branded as provided in this chapter, he shall forfeit a U^t'^h^}^- 
1- iiir iiii/^i^i louy, 120, §0. 

sum not exceedmg ten dollars tor every hundred pounds oi such fish, 

and in the same proportion for any other quantity thereof. 

Sect. 90. If any person shall sell within this state, or shall ex — ; for selling 
port therefrom, any tainted or damaged fish, unless with the intent food'! ^ ^^^ ^°^ 
that the same shall be used for some other purpose than as food, he 1809, 120, § 3. 
shall forfeit the sum of ten dollars for every hundred pounds of such 
fish, and in the same proportion for any other quantity thereof; and 
upon any trial in such case, the burden of proof shall be upon the 
defendant, to show for what purpose such fish was so exported or 
sold. 

Sect. 91. If the inspector general or any deputy inspector shall —for branding 
brand any cask or package of fish, the contents of which he has not "ithOTt inspect- 
duly inspected, packed, salted, or coopered ; or if he shall permit any i809, 120, §8. 
other person to use his brands, in violation or evasion of the provis- 
ions of this chapter ; he shall forfeit, for each offence, the sum of 
twenty dollars, and shall also be liable to removal from ofiice. 

GUNPOWDER. 

Sect. 92. All gunpowder, manufactured in this state, shall be Quality and size 
put into strong and tight casks, containing twenty five pounds, fifty foV^unpowder. 
pounds, or one hundred pounds each, unless the same be well secur- 1823, 121, § 1. 
ed in copper, tin or brass canisters, holding not exceeding five 
pounds each, and closely covered with copper, brass or tin covers. 

Sect. 93. Each cask containing gunpowder, manufactured with- All casks to be 
in this state, or brought into the same by land or by water, and land- i"8^3'*^i2i & '9 
ed, shall be marked on the head thereof with black paint, in legible ~ ' ' 

characters, with the word gunpoivder, the name of the manufacturer, 
the weight of the cask, and the year in which the same powder was 
manufactured ; and each canister of gunpowder shall be marked with 
the word gunpotvder. 

Sect. 94. If any person shall knowingly mark any cask of gun- Penalty for 
powder, with the name of any person other than the manufacturer of fa'^eiy mark- 
the same, or shall change any gunpowder, from any cask marked with is^, 121, § 3. 
the name of one manufacturer, into any cask marked with the name 
of any other manufacturer, he shall for each offence forfeit a sum not 
exceeding tw^enty dollars, to be recovered by indictment, or on com- 
plaint before a justice of the peace. 

HAY. 

Sect. 95. The selectmen of each town and the mayor and al- Weighers of 
dermen of any city may, from time to time, appoint, for a term not pofn/J'd''^ ^^" 
exceeding one year, some person or persons to have the superin- 1824, 
tendance of the hay scales belonging to such tow n or city, ^^ ho shall 



102. 



270 Chap. 28. Sect. 96—102. [part i. 

weigh hay offered for sale in such town or city, and any other ai'ticle 
offered to be weighed. 
Their duty. Sect. 96. The persons so appointed shall conform to all such 

' ■ rules and regulations, as shall be established by the selectmen or city 

council, respectively, concerning the said hay scales, and the compen- 
sation or fees for weighing hay and other articles. 
Maybe remov- Sect. 97. The said selectmen or city council, respectively, may 
1824 102. remove any weigher of hay, and fill any vacancy that may occur from 

death or otherwise. 

Penalty for set- Sect. 98. If any person, not appointed as aforesaid, shall setup 

sc'ide's^whhout ^"7 ^^^Y scales in any town or city, for the purpose of weighing hay, 

authority. or Other articles, he shall forfeit the sum of twenty dollars a month, 

' ■ so long as the same shall be contmued, to be recovered by an action 

of debt, and appropriated to the use of said town or city ; provided, 

however, that this and the three preceding sections shall not apply to 

any town, which shall not adopt the same, and shall cease to operate 

in such town, when the town shall so determine. 

HOOPS AND STAVES. 

Cullers of hoops Sect. 99. In cvcry maritime town, from which staves are us- 
chosen*^^^ "^^ ^ ^^^^Y exported, there shall be two or more suitable persons chosen, 
17 13, § 4. at the annual meeting, to be viewers and cullers of staves and hoops, 
and they shall be sworn to the faithful discharge of the duties of their 
office. 
Fees. Sect. 100. They shall be allowed for their time and services, as 

' ' ^ ■ follows, namely, twenty eight cents a thousand for barrel staves, thir- 
ty three cents a thousand for hogshead staves, forty cents a thousand 
for pipe staves, and forty four cents a thousand for butt staves, as 
well refuse as merchantable ; the merchantable to be paid for by the 
buyer, the refuse by the seller ; and the culler shall be allowed fifty 
cents a thousand for hoops. 
Quality and Sect. 101. All white oak butt staves shall be at least five feet in 

1783°15^'6 3?* length, five inches wide, and one inch and a quarter thick on the heart 
or thinnest edge, and every part thereof ; all white oak pipe staves 
shall be at least four feet and eight inches in length, four inches broad 
in the narrowest part, and not less than three quarters of an inch thick 
on the heart or thinnest edge ; all white oak hogshead staves shall 
be at least forty two inches long, and not less than half an inch thick 
on the heart or thinnest edge ; all white oak barrel staves, for a for- 
eign market, shall be thirty two inches long, and for home use, shall 
be thirty inches long ; and all shall average half an inch thick on the 
heart or thinnest edge ; all white oak hogshead and barrel staves shall 
be at least four inches in breadth, and none less than three inches in 
breadth, in the narrowest part, and those of the breadth last mention- 
ed shall be clear of sap ; all red oak hogshead and barrel staves shall 
be of the same length, width and thickness, with the while oak hogs- 
head and barrel staves above mentioned ; and all staves shall be well 
and proportionably split. 
Quality, size, Sect. 102. All hogshead hoops, that shall be exposed to sale 

h^op°s'.''°^*^^^*^ or exported, shall be from ten to thirteen feet in length, and shall be 
1783, 15, § 3. made of white oak or walnut, and of good and sufficient substance, 
well shaved : those made of oak shall not be less than one inch broad 



TITLE XI.] Chap. 28. Sect. 103—109. 271 

at the least end, and those made of walnut shall be not less than three 
quarters of an inch broad at the least end ; each bundle shall consist 
of thirty hoojis ; and all hoops often, twelve and thirteen feet, re- 
spectively, shall be made up in distinct bundles by themselves ; and 
if any hoops are packed of less dimensions than those prescribed by 
this law, or if any bundle shall contain less than thirty hoops, such 
bundle shall be forfeited, and sold by the culler of hoops for the ben- 
efit of the town where it is offered for sale. 

Sect. 103. If any culler shall connive at or be guilty of any Penalty for 
fraud, in the culling of staves or hoops, he shall forfeit the sum of Jj^"'* '" culling, 
fifty dollars for each offence ; and in case of his refusal to attend to 1783, 15, ^ 8. 
the aforesaid service, when he shall be thereto requested, he shall for- 
feit the sum of five dollars. 

HOPS. 

Sect. 104. The inspector general of hops shall give bond, with Inspector gene- 
sufficient sureties, to the treasurer of the Commonwealth, in the penal isoe* T4 '^§'3"'^' 
sum of three thousand dollars. 

Sect. 105. The inspector general shall appoint one or more de- To appoint de- 
puty inspectors, in such parts of the state as will best accommodate issl.^ieo § 1. 
the growers and consumers of hops ; he shall be responsible for their 
official conduct, and may require from each of them sufficient bonds 
with sureties. 

Sect. 106. The inspector general shall, annually, in the month Inspector's re- 
of January, make a return to the secretary of the Commonwealth, of i8™3 38 d 2. 
the number of bags of hops, inspected and marked by him and his 
deputies, during the year preceding the first day of said January, de- 
signating, in such return, the different qualities and the weight of each 
quality respectively. 

Sect. 107. No hops, other than those which are of the growth No hops to be 
of another state as hereinafter mentioned, shall be exported from this omhispeciion," 
state, unless they shall be of the qualities prescribed by this chapter, except, &c. 
and shall have been duly inspected and marked accordingly, and shall iggs'iis^ ^ 
be in square bags or pockets, each bag to contain as nearly as may 
be four hundred pounds weight, and each pocket two hundred pounds 
w-eight of merchantable hops ; provided, nevertheless, that all hops 
of the growth of any other state, being duly inspected therein, and 
accompanied with certificates of the same, shall not be subjected to 
reinspection in this state. 

Sect. 108. No hops shall be deemed merchantable, unless they Quality, and 
have been well picked, are free from stems and leaves, and are pro- 1806,^14, $2. 
perly kiln dried ; and the bags or pockets, in which they are packed, 
shall be made sufficiently strong to preserve the hops from damage, 
and of such a texture as will fairly receive the marks of the cultivator 
and inspector ; and the bags or pockets shall be marked with the 
name of the cultivator and the town in which he lives. 

Sect. 109. The inspector general or one of his deputies shall How inspected, 
examine the contents of every bag and pocket of hops, intended to branded"'^ 
be exported, in such manner as to ascertain the quality of such hops, 
and if it shall be found that they are merchantable, as before prescrib- 
ed, and firmly packed, and that they have been so packed at least ten 
days previous to said examination, and that the bags or pockets are 



272 



Chap. 28. Sect. 110—117. 



[part I. 



1806,' 14, § 4. 



Inspector's pro- 
portion of depu- 
ties' fees. 
1806, 14, § 9. 

Penalty for de- 
lay of inspect- 
ors. 

1806, 14, §7. 
— for fraud. 
1806, 14, § 10. 



—for shifling 
contents of 
bags. 
1806, 14, § 8. 



— for altering or 
counterfeiting 
marks. 
1806, 14, § 6. 



— for intermix- 
ing hops, after 
inspection. 
1806, 14, ^ 11. 

—-for exporting 

uninspected 

hops. 

1806, 14, § 13. 



Hops, when for- 
feited. 
1806, 14, § 13. 



such as have been before prescribed, the inspecting ofiicer shall dis- 
tinguish the same by marking them in legible characters, with the 
words ^rsf sort, or second sort, or refuse, as their quality may be ; he 
shall add thereto the date of the year of which, in his opinion, they 
are the growth, together with the initials of his christian and the whole 
of his surname, and the letters MASS. (for Massachusetts,) for 
which services and weighing and delivering an attested schedule of 
the same, he shall receive at the rate of ten cents for every hundred 
pounds weight so inspected, to be paid to him by the purchaser, ex- 
clusive of the charges of repacking and of mending the bags or pockets, 
which shall be paid by the vender of the hops ; and exclusive also of 
the storage, should said hops be stored by said inspector more than 
thirty days after being inspected. 

Sect. 1 10. The inspector general of hops may receive of each 
deputy one fifth part of all the fees which such deputy inspector shall 
receive. 

Sect. 111. If an inspector of hops, on application made to him, 
shall unnecessarily neglect or delay to examine, mark and weigh any 
hops, he shall for each offence forfeit the sum of five dollars. 

Sect. 112. If the inspector general of hops, or any of his dep- 
uties, shall be guilty of any fraud in inspecting hops, or shall put their 
marks on any bag, pocket or package of hops, which have not been 
actually examined, inspected, and found merchantable, he or they 
shall forfeit twenty dollars for each bag, pocket or package, so falsely 
marked. 

Sect. 113. If any person shall empty any bag or pocket of hops, 
marked as aforesaid, and shall put in any other hops for sale or ex- 
portation, without first cutting out the said marks, he shall, for each 
offence, forfeit the sum of five dollars. 

Sect. 114. If any person shall counterfeit or alter any mark, 
belonging to or proper to be used by the inspector general or his 
deputies, or shall mark any bag or pocket of hops therewith, he shall 
forfeit the hops so marked, and be further liable to a penalty of ten 
dollars. 

Sect. 115. If any person shall intermix, take out, or shift any 
hops from any bag or pocket, inspected and marked as is above re- 
quired, or shall put into such bag or pocket any other hops, for sale 
or exportation, he shall forfeit twenty dollars for each offence. 

Sect. 116. If any person shall export, or ship for exportation 
out of this state, any hops not inspected and marked as aforesaid, such 
owner or exporter shall forfeit the sum of twenty dollars ; and the 
master of each vessel, having the same on board, the sum of ten dollars, 
for each bag or pocket so shipped or exported. 

Sect. 117. If any hops, not inspected and marked as aforesaid, 
shall be exported or shipped for exportation from this state, contrary 
to the provisions of this chapter, the inspector general or any deputy 
inspector may sieze and libel the same, according to the provisions of 
the one hundred and eighteenth chapter, concerning the seizing and 
libelling of forfeited goods ; and if upon the trial, it shall appear that 
the seizure was lawful, the said hops shall be deemed to be forfeited, 
and shall be sold and disposed of according to the provisions of the 
same chapter. 



TITLE xn.] Chap. 28. Sect. 118— 125. 273 

Sect. 118. Nothing contained in this chapter shall be construed Hops, shipped 
to affect any hops, shipped coastwise to Boston or elsewhere within isoe'TI^'&lia' 
tliis state, for the purpose of being inspected and marked as aforesaid ; 
but in such case, a certificate from the owner shall accompany the 
same so shipped, setting forth the owner's name, the number of bags, 
pockets or packages, and the name of the inspector to whom they 
are sent for inspection. 

Sect. 119. All penalties and forfeitures, arising under the fore- Penalties, how 
going provisions, concerning the inspection, marking, shipping and and to whose 
exportation of hops, shall be recoverable by indictment, to the use of 1806, 14, $ 12. 
the town wherein the offence shall be committed. 

LEATHER, BOOTS, &C. 

Sect. 120. The inspector general of sole leather shall give inspector gene- 
bonds, with sufficient sureties, to the treasurer of the Commonwealth, ^onds^^^ 
in the penal sum of three thousand dollars. 1830, 99, § 1. 

Sect. 121. The said inspector general shall appoint one or more Deputies to be 
deputy inspectors ; and in the city of Boston, they shall be appointed shTn ffive bond. 
upon the application of the mayor and aldermen, and in any town, on 1830,99, § 1. 
application of the selectmen thereof; and the said inspector general 
shall be answerable for the doings of his deputies, and shall take a 
bond, with sufficient sureties, from each of them to himself and his 
successors in office, in a penal sum not exceeding three hundred 
dollars. 

Sect. 122. The inspector general of sole leather shall annually. Inspector's re- 
in the month of January, make a return, to the secretary of the Com- jg^Q 99 §7 
monwealth, of the number and weight of all the sides of sole leather, 
inspected by him and his deputies during the year, ending on the first 
day of that month ; and in such return, he shall designate the quantity 
of each quality of leather so inspected, and the quantity of sole lea- 
ther manufactured out of the state, so far as the same can be ascer- 
tained. 

Sect. 123. No sole leather, made of the hides of neat cattle. Sole leather 
except such as shall have been previously inspected and sealed by until inspected 
one of the inspectors of this state, or by some inspector lawfully ap- weighed and 
pointed for that purpose in some other of the United States, shall be &c.'' ' ^^'^^^ ' 
sold to any person, for any purpose whatsoever, within any town in 1830, 99, §2. 
which there is an inspector, whether such sole leather is manufactured 
within this state or brought into the same from any place whatsoever, 
until the same shall have been inspected, weighed and sealed, by one 
of the inspectors of such town within this state. 

Sect. 124. If any person shall, within any town, for which an Penalty for 
inspector has been appointed, buy or sell any sole leather, which iinrs"(^eTeafher- 
shall not have been inspected as aforesaid, he shall forfeit one dollar not inspected, 
for each side of leather so bought or sold, to be recovered to the use 1^30,99, § 2. 
of the town where the offence shall have been committed. 

Sect. 125. Every inspector, whenever requested, shall inspect, Dutyofinspec, 
within the town for which he is appointed, all sole leather offered for '°'i- gg ^ » 
his inspection ; provided, however, that when there shall be less than ' ' 
thirty sides of leather to be inspected, and the distance shall be more 
than one mile from his place of residence, he may either require such 
sole leather to be brought to him for inspection, or may demand and 
35 



274 



Chap. 28. Sect. 126—132. 



[part I, 



Same subject. 
1830, 99, § 4. 



Sole leather to 
be weighed and 
stamped. 
1830, 99, ^ 3. 



Penalty for 
counterfeiting, 
&c. inspector's 
marks. 
1830, 99, § 3. 

Fees. 

1830, 99, § 5. 



Penalty when 
weight varies 
five per cent. 
1830, 99, § 6. 



Manufacturers 
of boots, shoes, 
&c., may 
stamp their 
articles. Such 
stamp a war- 
rant3'. 

1799, 63, §§ 1 
and 2. 



Penalty for 
fraudulently 
stamping. 
1799, 63, $ 3. 



shall be entitled to receive at the rate of ten cents for each mile, 
which he shall travel in such case, to be computed both in going from 
and returning to his jilace of residence. 

Sect. 126. Each deputy inspector, who is appointed for any 
one town in a county, shall, upon application made to him, inspect 
sole leather in any other town of the same county, when there is no 
inspector for such other town ; and he shall also, upon the like appli- 
cation, inspect sole leather in any town of any adjoining county, when 
there is no inspector appointed in such adjoining county. 

Sect. 127. Each inspector shall furnish himself with proper 
scales, weights and seals, for the purpose aforesaid, and shall weigh 
each side of sole leather which he shall inspect, and shall impress 
thereon his name, and the name of the place for which he is inspec- 
tor, at full length, and also the weight thereof; and on all sole leather, 
which he shall find manufactured of good hides, in the best manner, 
he shall impress the word best, and on all manufactured of good 
hides, in a merchantable manner, the word good, and on all man- 
ufactured of damaged hides, in a merchantable manner, the word 
damaged, and on all sole leather not belonging to any of the qual- 
ities aforesaid, the word bad. 

Sect. 128. If any person shall counterfeit, alter or deface, such 
marks on any side of sole leather, so inspected, he shall for each 
offence forfeit the sum of twenty five dollars, to the use of the town 
where the offence shall have been committed. 

Sect. 129. The inspector general and each deputy inspector 
shall be paid for inspecting, weighing and sealing each side of sole 
leather, the sum of two cents, which shall be paid by the purchaser ; 
and the inspector general may receive, from each of his deputies, 
two mills for each side of sole leather, which such deputy may in- 
spect, weigh and seal as aforesaid. 

Sect. 130. If any side of sole leather shall, when dried in a 
merchantable manner, so vary as to weigh five per cent, more or less 
than the weight marked thereon by the inspector, who inspected the 
same, he shall be subject to the payment of the whole variation, at a 
fair valuation, to be recovered, in an action of the case, by the party 
injured thereby. 

Sect. 131 . Each manufacturer of leather, or of boots, half boots, 
shoes, pumps, sandals, slippers or over-shoes, shall have the exclu- 
sive right of stamping said articles, by him manufactured, with the 
first letter of his christian name, and the whole of his surname at 
large, and the name of the town or place of his abode ; and such 
stamping shall be considered as a warranty that the article stamped is 
merchantable, and made of good materials and well manufactured ; 
and none of the said articles shall be considered as merchantable, un- 
less stamped as aforesaid. 

Sect. 132. Any person, who shall fraudulently stamp, or aid 
and abet in fraudulently stamping, either of the articles enumerated in 
the preceding section, with the name or stamp of any other person, 
shall be punished either by fine, not exceeding one hundred dollars, 
or imprisonment, not exceeding six months, or both. 



TITLE XII.] Chap. 28. Sect. 133—140. 275 

LIME AND LIME CASKS. 

Sect. 133. The inhabitants of each town, in which hme is Towns may 
manufactured or into which it is imported, may, at their annnal meet- ornnime.^*^'' 
ing, choose one or more inspectors of hme, who shall be sworn to To be sworn. 
the faithful discharge of the duties of their office, and they shall in- sacs. ' 

spect all lime so manufactured, at the time when it is filled at the kiln, 
and all lime imported or sold in their town or harbour. 

Sect. 134. Every cask of lime so inspected shall be branded Casks, how 
with the word inspected, and with the first letter of the christian isog'^ef § 3 
name, and the whole of the surname of the inspector, and with the 
name of the town where it is manufactured. 

Sect. 135. The inspectors shall receive, for the inspection and Fees. 
branding of each cask of such manufactured hme, the sum of four &,5/ ' ^^ 
cents, to be paid by the manufacturer or owner ; and for the inspec- 
tion of each cask of lime, imported or sold as aforesaid, the sum of 
four cents, to be paid by the purchaser. 

Sect. 136. No stone lime, manufactured within this state, shall Quality of lime 
be sold, or exposed to sale, or shipped on board of any vessel, in i809, 62, § i. 
casks, unless it shall be well burnt and pure, and contained in good 
and sufficient new casks, containing either fifty gallons each, or one 
hundred gallons each, and made of well seasoned heads and staves, 
with ten good and sufficient hoops on each cask, well driven and suf- 
ficiently secured with nails or pins. 

Sect. 137. If any person shall sell or expose to sale, or ship. Penalty for 
or receive on board of any vessel, in casks, any lime, manufactured semnff°&c.^'° 
within this state, other than such as shall be contained in casks made 
according to the provisions of the preceding section, and having the 
aforesaid marks or brands, respectively, he shall forfeit one dollar and Forfeitures, 
fifty cents, for each cask so sold, or offered for sale, or shipped, or 1^09,62,$ 7. 
received on board of any vessel ; and all such lime and casks shall 
be forfeited to the use of the town, in which the offence shall have 
been committed ; provided, that nothing contained in this chapter 
shall be construed to restrain any manufacturer of lime, or other 
person, from retailing lime by the bushel, or other quantities, not in 
casks. 

Sect. 138. If any casks of lime shall be sold or exposed to Forfeitures, 
sale, or be put on board of any vessel, contrary to the provisions of ' ' v • 
this chapter, the inspector may seize and libel the same, according to 
the provisions of the one hundred and eighteenth chapter, concerning 
the seizing and libelling of forfeited goods ; and if upon the trial, it 
shall appear that such seizure was lawful, the lime so seized shall be 
decreed to be forfeited, and shall be sold and disposed of according 
to the provisions of that chapter. 

Sect. 139. If, after any cask containing lime shall have been Penalty fo"" 
branded as aforesaid, any person shall shift the contents of said cask of'casfs*!°° ^° 
and put therein any other lime, with intent to sell the same, he shall 1809,62, $8. 
forfeit the sum of one dollar and fifty cents, for each cask of lime so 
shifted, to be recovered to the use of the town, in which the offence 
shall have been committed. 

Sect. 140. All penalties and forfeitures, mentioned in this chap- Penalties, how 
ter, concerning the manufacture, inspection, sale and exportation of 1809^62, §7. 
lime, may be recovered by indictment, or on complaint before any 
justice of the peace. 



276 



Chap. 28. Sect. 141—148. 



[part I. 



Towns to 
choose survey- 
ors of lumber. 
1783, 15, § 1. 



Their duty. 



Quality and de- 
nomination of 
pine boards and 
planks. 



— of pine joists. 



— of spruce 
boards, &c. 



— of Eish, ma- 
ple, &C. 



— of timber, 
except, tfcc. 



— of mahogany 
and cedar. 



LUMBER ; TIMBER. 

Sect. 141. There shall be one or more persons, elected by the 
inhabitants of each town, at their annual meeting, to be surveyors of 
lumber, who shall be well skilled in the surveying and admeasure- 
ment of lumber, and who shall hold the office for one year, and until 
their successors be chosen, unless they shall be sooner removed. 

Sect. 142. The said surveyors shall survey oak and other hard 
wood, commonly used in ship building, and mahogany, ash, cedar and 
other ornamental wood and lumber, and all other lumber, brought 
into their town by water for sale. 

Sect. 143. In the survey of pine boards and planks, there shall 
be four sorts ; the first sort shall be denominated number one and 
shall include boards not less than one inch thick, straight grained, and 
free from rot, sap, knots and shakes ; the second sort shall be deno- 
minated number two, and shall include boards not less than one 
inch thick, free from rot and large knots, and suitable for planing ; 
provided, that such boards as are clear, but are deficient in thickness 
as aforesaid, shall be received as number two, by making such allow- 
ance for the deficiency in thickness, as may be required to make them 
equal to one inch thick ; the third sort shall be denominated number 
three, and shall include boards not less than seven eighths of an inch 
thick, nearly free from rot, and nearly square edged, and suitable for 
covering buildings ; the fourth sort shall be denominated number four, 
and shall include all boards and planks of every description, not being 
within the other three denominations. 

Sect. 144. In the survey of pine joist there shall be two sorts ; 
the first sort shall be denominated number one, and shall include all 
joist that are sound and square edged ; the second sort shall be de- 
nominated number two, and shall include all other descriptions. 

Sect. 145. In the survey of spruce, hemlock, and juniper boards 
plank and joist, there shall be two sorts ; the first sort shall be de- 
nominated number one, and shall include all boards, plank and joist 
that are sound and square edged ; the second sort shall be denomin- 
ated number two, and shall include all other descriptions. 

Sect. 146. In the survey of ash, maple and other hard wood, 
and ornamental boards, plank and joist, there shall be two sorts ; the 
first sort shall be denominated number one, and shall include all 
boards, plank and joist that are sound and free from shakes ; the sec- 
ond sort shall be denominated number two, and shall include all other 
descriptions. 

Sect. 147. In the survey of timber, except mahogany and 
cedar, there shall be two sorts : the first sort shall be denominated 
number one, and shall include all timber that is sound, straight, square 
edged and in lengths or joists not less than sixteen feet long, due al- 
lowance being made for sap ; the second sort shall be denominated 
number two, and shall include timber of all other descriptions. 

Sect. 148. In the survey of mahogany and cedar, there shall be 
but one sort ; and the surveyor shall number all the mahogany and 
cedar logs or sticks, contained in each lot- or cargo, in regular nu- 
merical order and mark the number of each log or stick upon the 
same, in legible characters ; and he shall to the best of his ability, as- 
certain the whole number of feet, board measure, in every log or 



TITLE XII.] Chap. 28. Sect. 149—155. 277 

stick, and wlvit quantity thereof is merchantable, and what is refuse ; 
and he shall thereupon issue a certificate, or survey bill, of said sur- 
vey, in which shall be stated the number of each log or stick, and the 
whole number of feet contained in the same, and specifying the num- 
ber of feet, which are merchantable and refuse, respectively. 

Sect. 149. All hewn timber six inches square and upwards, ex- Hewn and saw- 
cept timber called scab, shall be surveyed and sold as ton timber, at ^'^ *.""''"' ^°y^ 
the rate of forty cubic feet to a ton ; all sawed timber shall be survey- lo]±^^ ^ 
ed and sold by board measure. 

Sect. 150. In the survey of boards, planks, joists and sawed Contents of 
timber, the contents of the same shall be truly marked thereon, in be^pj^finh'*^" '° 
plain and legible numbers, and all other marks shall be erased ; and marked. 
on the second and third sorts of boards and planks, the numbers two 
and three shall be in like manner marked thereon, respectively ; and 
allowance and deduction shall be made for splits, not exceeding in 
any case one half the extent of the splits. 

Sect. 151. All boards, planks, joist and sawed timber shall be Boards, <fcc., to 
received and sold, according to the contents thereof, as fixed and ,„*l\°o marks!^ " 
marked under the eigiit preceding sections. 

Sect. 152. The fees for surveying and marking, according to the Fees, 
foregoing provisions, and to be paid by the purchaser shall be as fol- 
lows, namely ; for pine, spruce, hemlock and juniper boards, plank, 
joist and sawed timber, twenty four cents for every thousand feet, 
board measure ; for pine, spruce, hemlock and juniper timber, twelve 
cents for every ton ; for oak timber, twenty four cents t'br every ton ; 
for ash, maple and other hard wood, and ornamental boards, plank, 
and joist, forty cents for every thousand feet, board measure ; for 
Cuba, St. Domingo, and other branch or hard mahogany, one dollar 
for every thousand feet, board measure ; and for mahogany from the 
Bay of Honduras, and for cedar, seventy five cents for every thou- 
sand feet, board measure. 

Sect. 153. If any surveyor shall be guilty of, or connive at, any Penalty for 

r J J ■. • •' . ^ 1 . u • *i, ^ I f fraud and for 

iraud or deceit, in surveying, marking, or numbering the contents ot delay of sur- 
any boards, plank, joist or timber, he shall for each offence forfeit a veyor. 
sum not exceeding twenty dollars ; and if on due notice and request, ' '^ ' 
he shall unreasonably neglect or refuse to perform the duties aforesaid, 
he shall for each offence forfeit a sum not exceeding twenty dollars ; 
the aforesaid forfeitures to be recovered, by indictment or infor- 
mation, to the use of the town in which the offence shall have been 
committed. 

Sect. 154. No person shall sell or purchase any boards, plank, ^°^^'^f' ^%^, 

• 1 1 'i I • -V 11 ' A „ , ' not tobe soldor 

joist or timber, brought by water into said town, unless ttiey snaJl be purchased un- 
surveyed, marked and numbered conformably to the provisions afore- e^J/""^^®''' 
said ; except only such as are intended to be exported from any 
town, and shall be actually shipped for that purpose, within one year 
after the same shall have been sold and delivered to the person first 
purchasing or receiving the same, in such town. 

Sect. 155. Any person who shall sell or purchase any such Pen^aity^ ^ 
boards, plank, joist or timber, not surveyed, marked or numbered, &2.' 
according to the provisions of this chapter, (subject only to the ex- 
ception contained in the preceding section,) shall forfeit for all boards, 
plank, joist and timber so sold and purchased, double the amount of 



278 



Chap. 28. Sect. 156—160. 



[part I. 



9 Greenl. 54. 



Towns to 
choose survey- 
ors of shingles 
and clapboards. 
1783, 15, § 1. 

Quality, size 
and denomina- 
tion of shingles. 
17 Mass. 258. 
1783, 15, § 3. 
1824, 136, § 1. 



fees, due for the service of surveying the same, to be recovered, by 
indictment or complaint, to the use of the town in which the offence 
shall have been committed ; provided, that in the city of Boston, the 
city government may establish any ordinances and regulations, with 
suitable penalties, respecting the appointment of surveyors and the 
survey and admeasurement of boards, plank, timber, and lumber of 
every description, brought by water into said city for sale, as they 
may from time to time determine to be expedient. 

SHINGLES ; CLAPBOARDS. 

Sect. 156. The inhabitants of each town shall, at their annual 
meeting, elect two or more suitable persons to be surveyors of shingles 
and clapboards ; and they shall be under oath faithfully to discharge 
the duties of their office. 

Sect. 157. All shingles made in this state, or offered for sale, 
shall be from fifteen to eighteen inches in length, and maybe sawed or 
shaved ; they shall be free from shakes and worm holes, and shall be 
half an inch thick at the butt end, when green, and full three eighths of 
an inch when thoroughly seasoned, if for exportation to a foreign mar- 
ket, and not less than one third of an inch thick at the butt, when 
fully seasoned, if for home use, and four inches and a half wide on an 
average, and none less than three inches wide, and to hold their width 
three fourths of the way to the thin end ; and they shall be bound in 
bundles, which shall each contain either one thousand, or half a thou- 
sand, or one quarter of a thousand ; and the quality of shingles shall 
be designated by the numbers one, two, three, and refuse. 

Sect. 158. Each surveyor of shingles shall use lushest skill and 
judgment in affixing the qualities of all shingles surveyed by him, and 
in addition to affixing the town brand, shall brand each bundle with his 
own name, and with the number designating the quality ; and all 
shingles branded numbers one or two, whether made of pine, spruce 
or cedar, shall be free from sap ; and the surveyor shlall be allowed 
by the buyer eight cents a thousand for surveying and telling ; and 
before any shingles are sent from the town where they are made, or 
at the place of first sale, before their delivery, they shall be viewed, 
surveyed and measured by a sworn surveyor, and the town brand set 
upon the hoop of the bundle ; and all shingles offered for sale with- 
out being surveyed and marked as aforesaid shall be forfeited to the 
use of the town where they shall be so offered for sale. 

CLAPBOARDS. 

Sect. 159. All pine clapboards, that shall be exposed to sale, 
shall be made of good sound timber, clear of sap ; and clapboards 
shall be free from shakes and worm holes, and of the following dimen- 
sions, namely, full five eighths of an inch on the back, or thickest part, 
five inches wide, and four feet six inches long, and they shall be 
straight and well shaved or sawed. 

MEAL, INDIAN AND RYE. 

All meal, ex- Sect. 160. All Indian meal, rye meal and other meal, except 

sofd'b'Vel ht^ oatmeal, shall be sold by weight ; and one hundred pounds avordu- 
1813, 5^"^^'^ ' pois, shall be the standard for the hundred weight by which such meal 
shall be sold. 



How branded. 



Fees. 



Forfeiture. 
1783, 15, §§ 3 
& 4. 

1824, 136, § 2. 



Quality and size 
of clapboards. 



TITLE XII.] Chap. 28. Sect. 161—167. 279 

Sect. 161. If any person shall sell any meal, except oatmeal, Penalty. 
otherwise than according to the preceding section, he shall forfeit the ^^^^' ^^' 
sum of five dollars for every hundred pounds, and after the same rate 
for any greater or less quantity so sold ; and the said forfeiture may 
be recovered to the use of the town where the offence shall be com- 
mitted. 

Sect. 162. All corn, wheat, oats, and other grain, measured Provisions con- 
for sale, shall be subject to the provisions contained in the two hun- wheat^and^"' 
dred and second [§ 199] section of this chapter. oUier grain. 

NAILS. 

Sect. 163. All wrought nails, manufactured within this state, Wrought nails 
shall be packed in good strong casks, made of seasoned timber, and ^^J braitied 
well hooped, with the initials of the christian name and the whole of 1799, 64, § i." 
the surname of the manufacturer, and the name of the town in which ^^^^' ^^^> ^ ^• 
he resides, or, if manufactured by a corporation or company, the 
name of such corporation, or style of said company, and the name of 
the town in which the same is established, together with the true 
weight of the tare of said cask, inscribed in plain, legible letters, with 
a brand, or marking iron, on the side of each cask ; and no cask shall 
contain more than three hundred pounds of such nails. 

Sect. 164. All cut nails and brads, of all sizes, shall be packed Cut nails and 
in strong and sufficient casks, made of seasoned timber and well packed and 
hooped, and not containing more than three hundred pounds each ; branded. 
the nails and brads to be well made, and packed free from waste pie- ~' ' ^ ' 
ces of iron (unless refuse nails or brads) or any fraudulent mixture 
increasing the weight ; and every manufacturer, who shall also be the 
owner of such nails or brads, shall brand in plain legible letters the 
initial of his christian name, and the whole of his surname on the side 
of each cask, and also the name of the town where he resides, and 
shall also mark the true weight of the tare of said cask, with a brand 
or marking iron, under the name of the tow^n. 

Sect. 165. If any cask, package, or quantity of wa-ought or cut Forfeiture and 
nails or brads, manufactured in this state, and not branded or marked Poq^'Yos 
as aforesaid, shall be offered for sale, or be put on board of any ves- "' ' 
sel or carriage of conveyance, to be carried out of this state, the 
same shall be forfeited and liable to seizure ; and the manufacturer of 
the same shall, for each pound of tare more than is marked on the 
cask, and for each pound of refuse, scraps, or waste, which shall be 
mixed with said nails or brads, forfeit one dollar. 

Sect. 166. If any person shall counterfeit any brand, used or Penalty for 
intended to be used for the purpose aforesaid, or shall destroy or al- brand^'^hiftfnff 
ter any mark or impression, made by another person's brand, on any contents of 
cask of wrought or cut nails or brads, and cause a different impres- isos^'iog*^^ n 
sion, by such counterfeit brand, to be marked or impressed thereon, 
or shall shift any such nails or brads, from one branded cask to anoth- 
er, and thereby avail himself of another person's brand, he shall for- 
feit the sum of twenty dollars. 

Sect. 167. If any person shall place on board any vessel or car- — <or attempt- 
riage of conveyance, any cask or other quantity of wrought or cut o"uf o*!" the"sta°e, 
nails or brads, manufactured in this Commonwealth, which are appa- nails not 
rently intended to be transported out of the same, and are not brand- i802,i03, ^% 



280 



Chap. 28. Sect. 168—174. 



[part I. 



How recovered. 
1802, 103, 6 9. 
1826, 122, I 5. 



ed and marked as above provided and directed, he shall forfeit a sum 
equal to the full value of such nails or brads. 

Sect. 168. All penalties and forfeitures, under the provisions of 
this chapter, respecting wrought and cut nails or brads, shall be reco- 
vered to the use of the town from which they may be exported. 



What shall be 
deemed pure 
spermaceti oil. 
1833, 215, $ 1. 



Penalty for 
adulleration. 
1833, 215, § 2. 



—for selling' 
adalterated oil 
as pure oil. 
1833, 215, § 3. 



Same subject. 
1833, 215, § 4. 



Test. 



OILS. 

Sect. 169. All descriptions of oils, sold under the names of 
sperm, spermaceti, lamp, summer, fall, winter, and second winter 
oils, shall be deemed pure winter pressed or summer strained sperm- 
aceti oil. 

Sect. 170. All oils sold under the names aforesaid, which shall 
be adulterated with whale, tight pressed, or any other oil of less value 
than pure spermaceti oil, shall be deemed whale oil, and the vender 
shall be liable to the purchaser for double the amount of the differ- 
ence in value between pure spermaceti oil and whale oil, when the 
quantity sold exceeds five gallons, and four times the difference, when 
said quantity is less than five gallons, unless the proportions of the 
respective oils, of which the mixture consists, are disclosed to the 
purchaser in writing, at the time of sale ; and when the quantity sold 
is less than five gallons, the vender shall attach to the vessel, in which 
it is delivered, a label, upon which shall be legibly written the names 
and proportions of the respective oils, composing such mixture. 

Sect. 171. Any person, who shall sell any oil or oils, common- 
ly known under the names of sperm, spermaceti, lamp, summer, fall, 
winter and second winter oils, which have been adulterated from 
pure spermaceti oil, by a mixture of whale, tight pressed or any oth- 
er inferior oil, and shall not disclose to the purchaser the proportion 
of the oils of which it consists, at the time of sale, in writing, in the 
manner prescribed in the preceding section, shall for each offence 
forfeit the sum of fifty dollars, to be recovered with costs of suit, 
in an action of debt, by the person suing for the same, and to his 
use. 

Sect. 172. All oils, sold under any of the names mentioned in 
the preceding section, which shall have been mixed with tight press- 
ed oil, shall be deemed tight pressed oil, and the vender thereof, or 
of tight pressed oil under any of the names aforesaid, shall be liable 
to the purchaser for double the value of the difference between the 
first quality of spermaceti oil and tight pressed oil, unless at the 
time of sale the vender shall disclose in writing the mixture aforesaid, 
and, if not mixed, its quality ; and if such disclosures shall not be 
made as aforesaid, the venders shall be liable to the penalties provid- 
ed in the preceding section, to be recovered to the use of the person 
prosecuting for the same. 

Sect. 173. The test of pure spermaceti oil shall be Southworth's 
oleometer. 



PAPER. 



Paper, how Sect. 174. No paper, excepting paper of foreign manufacture, 

packed and press paper, bonnet paper, and paper usually sold by weight, shall be 

1817, 170, $ 1. sold or offered for sale, unless the same shall be packed in reams or 

half reams, each ream containing twenty quires, each half ream con- 



TITLE XII.] Chap. 28. Sect. 175—181. 281 

taining ten quires, and each quire twenty four sheets ; and unless on 
the face of each parcel, there shall be stamped or otherwise legibly 
marked, the names of the manufacturers, and their place of residence, 
and also the words one ream, or half ream, (as the case may 
be) ; provided, that printing paper may be packed in parcels of two 
reams each, and shall be stamped or otherwise legibly marked with 
the words tico reams, and the names of the manufacturers and their 
place of residence, as aforesaid. 

Sect. 175. If any person shall offer for sale or shall sell any Penalty for sell- 
paper, contrary to the provisions of the preceding section, or shall Irfry^toTaw"*' 
transport or cause to be transported out of this state, or shall put on 1817, no, § i. 
board of any vessel or carriage of conveyance, with intention to 
transport the same out of this state, any paper, contrary to the said 
provisions, he shall, for each ream, package or parcel so offered for 
sale, or sold, or so put on board of any vessel or carriage of convey- 
ance, with the intention that the same shall be so transported, forfeit 
the sum of four dollars to the use of the county in which such offence 
shall be committed. 

Sect. 176. All such paper, not packed, or not stamped, as Forfeiture. 
aforesaid, shall at all times be further liable to be seized, to the use 1817, no, §3. 
of any person who may seize the same ; and in case of such seizure, 
the said paper shall be libelled and proceeded against, according to the 
provisions of the one hundred and eighteenth chapter, concerning the 
seizing and libelling of forfeited goods. 

POT AND PEARL ASHES. 

Sect. 177. The inspector general of pot and pearl ashes shall Inspector gen- 
give bond, with sufficient sureties, to the treasurer of the Common- ^^^'^'° ^^® 
wealth, in the penal sum of five thousand dollars. 1791, 8, § lo. 

Sect. 17S. The inspector general shall appoint deputy inspec- Deputies to be 
tors in every seaport town, where pot and pearl ashes are exported, gfPe°bondMd 
and in such other places as he shall judge necessary ; he shall be an- to be swom. 
swerable for his said deputies, and shall take a bond from each of ^'^^^> ^' ^ ^^• 
them, with sufficient sureties, for the faithful discharge of the duties 
of his office ; and each of said deputies shall also, either before the 
inspector general or a justice of the peace, be sworn to the faithful 
discharge of his duty. 

Sect. 179. The inspector general shall, in the month of Janu- inspector to 
ary, annually, make a return into the office of the secretary of the ^^^^^^ ^^^T^^' 
Commonwealth, of the number of casks of pot and pearl ashes, in- 
spected by him and his deputies, during the year preceding the first 
day of said January, specifying the number under each brand, and the 
weight of each quality. 

Sect. 180. Every manufacturer of pot and pearl ashes shall Casks,how 
brand each cask containing the same, with the initial letters of his ^^gj^g^ 9. 
christian name, and the whole of his surname, and with the name of 
the town where the same shall have been manufactured, before the 
same shall be removed from the manufactory, under the penalty of 
one dollar for each cask so removed, without being previously branded 
as aforesaid. 

Sect. 181. No person shall ship any pot or pearl ashes, for ex- Asiies, how in- 
portation, before he shall first have submitted the same to the exam- spewed. 
36 



282 



Chap. 



Sect. 182—187. [parti. 



Sorts and de- 
nominations. 
1791, 8, 6 1. 
1821, 55. 



Fees. 
1791, 8, §1. 



Inspector's pro- 
portion of depu- 
ties' fees. 
U91, 8, $ 10. 

PenaJty for un- 
reasonable de- 
lay. 
1791,8, § 5. 



Quality and 
size of casks. 
1791, 8, § 2. 



Casks to be 
weighed. 
1791, 8, § 3. 

Inspectors may 
search vessels. 



Forfeiture. 
1791, 8, § 4. 



ination of the inspector or his deputy ; and they shall start the same 
out of the casks, and carefully inspect the same, and sort the same in 
three different sorts, if necessary ; and they shall put each sort by 
itself in tight new casks, well hooped and coopered, which they shall 
distinguish by the words, first sort, second sort, or third sort, with 
the words pot ashes or pearl ashes, as the case may be, branded in 
plain legible letters, together with the letters of his name, the place 
where such pot or pearl ashes shall be inspected, and the word 
MASSACHUSETTS, at full length, on each cask; provided, 
that any pot or pearl ashes which shall have been imported into this 
state from any of the United States, where laws exist for the inspec- 
tion of the same, may be exported without being reinspected in this 
state ; the same being accompanied by a certificate of inspection, 
signed by an inspector of the state whence they shall be imported, 
describing the quality and weight thereof; and provided also, that die 
casks, containing the pot and pearl ashes so imported, shall be 
branded with the name of the state, from which the same shall have 
been imported, and shall be in all respects made conformably to law. 

Sect. 182. The inspector general or his deputy shall receive, 
for inspecting and weighing and delivering to the owner an invoice or 
weight note, under his hand, of the weight of each cask of pot or 
pearl ashes, the sum of six cents for every hundred weight so in- 
spected ; and also the further sum of twelve cents, for coopering and 
nailing each cask and putting the same in shipping order, to be paid 
by the purchaser. 

Sect. 183. The said inspector shall not receive from any deputy 
more than seven and an half per cent, on the sum mentioned in the 
preceding section, nor any part of the sum allowed for cooperage. 

Sect. 184. If any inspector general of pot and pearl ashes shall, 
after application made for the inspection of any pot or pearl ashes 
aforesaid, unreasonably refuse, neglect or delay to make such inspec- 
tion, for the space of three hours after such application, the inspector 
so refusing, neglecting or delaying, shall for each offence forfeit the 
sum of five dollars. 

Sect. 185. Every cask, in which pot or pearl ashes shall be 
packed for exportation, shall be made of sound and well seasoned oak 
or white ash staves and heading, full bound, twenty nine inches in 
length, nineteen inches diameter in the head, and of such weight, in 
proportion to its contents, as will amount, as near as may be, to four- 
teen per cent, tare thereon. 

Sect. 186. The inspector general or his deputy, at the time 
of starting pot or pearl ashes for inspection, shall weigh the casks, and 
mark the weight with a marking iron on each head thereof. 

Sect. 187. The inspector general or any deputy may enter on 
board of any vessel lying in the harbor, where such inspector is 
authorized to inspect pot or pearl ashes shipped or shipping on board 
of any such vessel, for exportation from this state ; and if he shall, on 
search, discover any cask of pot or pearl ashes, which is not branded 
as before directed in this chapter, the person so shipping, or having 
shipped the same, shall forfeit every such cask of pot and pearl ashes ; 
and such inspector general or his deputy shall seize and libel the same, 
according to the provisions of the one hundred and eighteenth chap- 
ter, concerning the seizing and libelling of forfeited goods. 



TITLE XII.] Chap. 28. Sect. 188—195. 283 

Sect. 188. The master or commander of any such vessel, who Penalty on 
shall receive on board any such cask of pot or pearl ashes, not masters, &c. for 
branded as aforesaid, shall forfeit the sum of twenty dollars for each no^t*branded! ^^ 
cask so received. i^^i^ S; § 4. 

Sect. 189. If the master or commanding officer of any vessel, —for obstruct- 
or any of his servants or seamen, shall obstruct or hinder the said in- \7^f'^3'''^^j^ 
spector in making search, as aforesaid, every person so offending ' ' 
shall forfeit for each offence the sum of fifty dollars, to the use of the 
town. 

Sect. 190. If any person shall, with intent to defraud, brand any —for branding 
cask of pot or pearl ashes manufactured by himself, with the name of ^^-af^g 
any other person, or shall brand any such cask manufactured by ' >^ ' 
another person with his own name, or shall counterfeit any brand be- 
longing to, or proper to be used by said inspector, or any of his dep- 
uties, or shall impress or brand any cask of pot or pearl ashes, with 
any brand of such inspectors, or with any counterfeited brand as 
aforesaid, he shall forfeit and pay for each offence the sum of two 
hundred dollars. 

Sect. 191. If any person shall empty any cask of pot or pearl For shifting 
ashes, inspected and branded as by this act is required, and put in casks" ^° 
any other pot or pearl ashes, for sale or exportation, without first 1791, 8, § 7. 
cutting out the said brand marks, the person so offending shall, for 
each cask, forfeit the sum of two hundred dollars. 

salt and grain. 

Sect. 192. There shall be three inspectors general of salt man- inspectors gen- 
ufactured in this state, who shall be well skilled in the manufacture ; e^aitogive 
one for the counties of Barnstable and Duke's county ; one for the 1829,46, §1. 
county of Bristol ; and one for the remaining counties ; and they 
shall give bond, with sufficient sureties, to the treasurer of the Com- 
monwealth, in the penal sum of two thousand dollars. 

Sect. 19.3. Each of such inspectors general shall appoint, within Deputies to be 
his limits, a number of deputies sufficient, in his judgment, to exe- i^lg'^g*^^ » 
cute the provisions of law in this behalf, and for whom they shall 
be respectively answerable, and of whom the inspector general, so 
appointing, shall take bonds with sufficient surety or sureties. 

Sect. 194. The inspectors general, or their deputies, shall re- Fees. 
ceive of the manufacturer of salt, for their services, each time when ' ' ^' ^ ' 
said services shall be required and rendered, twenty cents upon every 
ten thousand superficial feet of salt works with covers, and half of that 
sum, when the works in which they may so inspect have no covers, 
and at the same rate for a greater or smaller number of feet ; provid- 
ed, however, that when the salt works, in which said salt is to be in- 
spected, are of the brush work construction, they shall be entitled to 
receive of the manufacturer of salt for their services aforesaid twenty 
cents for every one thousand superficial feet of salt vats, in which 
they may so inspect, and at the same rate for a greater or smaller 
number of feet. 

Sect. 195. The inspectors general may receive of their respec- Inspector's pro- 

, • , 1 ' 9 11 1 • 1 M • portion of depu- 

tive deputies twelve per cent, oi all sums which they may receive ties' fees. 
under the provisions aforesaid, and no more; provided, however, 1829,46,^4. 
that the several inspectors general shall appoint one or more deputy 



284 



Chap. 28. Sect. 196—199. 



[part I. 



Maimer of 
inspection. 
1829, 46, § 2, 



Duty of 
manufacturer. 
1829, 46, § 2. 



Penalty on in- 
spector for lui- 
reasonable de- 
lay. 
1829, 46, § 3. 



Salt, Indian 
corn, wheat, 
&c., to be sold 
by weight, ex- 
cept, &c. 
1817, 130. 



inspectors, in every town in this Commonwealth, where any salt 
works are established ; and in case no person is found willing in any 
town to accept the office, then the said inspector general shall make 
his appointment, for such town, in one of the nearest adjoining towns. 

Sect. 196. When any manufacturer shall be prepared to remove 
any salt from his vats, he shall, before removing the same, apply to 
the inspector, within whose limits the salt works may be situated, to 
inspect the same, and said inspector shall proceed to inspect such 
salt before it shall be removed from the vats ; and if in his judgment 
it be necessary in order to ascertain its quality, he shall cause the im- 
pure brine, which may be in the vats with the salt to be inspected, to 
be drawn off, and after having caused the salt in said vats to be broken 
up, he shall cause such vats to be supplied with a sufficient quantity 
of new brine, to purify said salt and enable him to ascertain the qual- 
ity thereof ; and said new brine shall remain in said vats not less than 
twenty four hours, and if, after this process, the inspector shall ap- 
prove the quality of the salt so inspected, he shall forthwith give to 
the manufacturer a written or printed permit to remove the said salt. 

Sect. 197. If any person shall take, or cause to be taken, any 
salt from any salt works which shall not have been inspected in the 
manner above prescribed, or shall, if the weather be suitable for that 
purpose, neglect for the space of forty eight hours, after it shall have 
been so inspected, to remove the same, he shall not, after that time, 
remove the same, until it shall have been again inspected, in the same 
manner, as if it had not been before inspected. 

Sect. 198. If any inspector shall, upon application made for the 
inspection of any salt within his prescribed limits, unreasonably re- 
fuse, neglect, or delay to proceed to such inspection, for the space 
of three hours after application made to him, he shall for each offence 
forfeit ten dollars. 

Sect. 199. No person shall sell any salt, Indian corn, wheat, 
rye, buck wheat, barley or oats, unless the quantity so sold be first 
weighed ; and in order to ascertain the mean or true weight, the 
vender shall weigh ten measures at least in every hundred bushels 
sold, five measures at least in every fifty bushels sold, and two 
measures at least in every less quantity than fifty bushels sold ; and a 
bushel of salt shall be deemed to be seventy pounds, a bushel of 
Indian corn or rye, fifty six pounds, a bushel of barley or buck 
wheat, forty six pounds, a bushel of oats, thirty pounds, a bushel 
of wheat sixty pounds, as the standard weight and measure of the 
same in all purchases and sales thereof ; and every person, offending 
against the provisions of this section, shall, for every bushel of such 
salt and grain so sold, and in the like proportion for any greater or 
less quantity, forfeit the sum of two dollars, to be recovered in an 
action on the case to the sole use of any person who shall first pros- 
ecute therefor ; provided, that this section shall not be construed to 
extend to sales of any of the articles aforesaid, where the vender and 
purchaser shall appoint a third person to measure or ascertain the 
weight or quantity of the same, or otherwise shall mutually agree 
thereon, nor to any sales of the articles aforesaid not exceeding ten 
bushels, where the purchaser shall not require the same to be weighed. 



TITLE XII.] Chap. 28. Sect. 200—205. 285 

WOOD, BARK AND CHARCOAL. 

Sect. 200. All cord wood exposed to sale shall be either four Dimensions of 
feet, three feet, or two feet long, including half the carf ; and the ^°^ X9°t'i 
wood, being well and close laid together, shall measure in quantity ' ' 
equal to a cord of eight feet in length, four feet in width, and four 
feet in height. 

Sect. 201. If any fire wood or bark, exposed to sale in any mar- Penalty for sei- 
ket, or upon any cart or other vehicle, shall be offered for sale before ''"? ^ood, &.c., 

' r / ' not measured. 

the same shall have been measured by a public measurer ot wood 1796, 67. § 3. 

and bark, and a ticket thereof signed by him delivered to the driver, 

certifying the quantity of wood which the load contains, the name of 

the driver, and the town in which he resides, the driver and owner of 

such wood or bark shall, for each load thereof, severally forfeit the 

sum of five dollars, to the use of the town where such wood or bark 

shall be so offered for sale. 

Sect. 202. The measurers of wood and bark in any town shall Fees. 
be entitled to such fees for their services, as the selectmen of such 
town shall establish ; and the said fees shall, in each case, be paid to 
the measurer, by the driver, and shall be repaid by the purchaser. 

Sect. 203. All cord wood, brought by water into any town Wood, brought 
for sale and landed, shall be measured by a measurer, sworn as afore- 1" by water, 
said ; and for that purpose, the wood shall be corded and piled 1799, 26, § i. 
by itself in ranges, making up in height what shall be wanting in 
length, and being so measured, a ticket shall be given to the pur- 
chaser, who shall pay the stated fees for such service ; provided, that Special provis- 
in the city of Boston, the city government may establish ordinances V'o'lo *^7^f f °°* 
and regulations, with suitable penalties, for the inspection, survey, ad- ' 
measurement and sale of wood, coal and bark for fuel, brought by 
water into said city for sale, and that the said city may also provide 
for the appointment of such surveyors, inspectors and other officers, 
and establish their fees of office. 

Sect. 204. Each wharfinger, carter or driver, who shall convey Carters to have 
any firewood or bark from any wharf or landing place in any town, 1799'lg §2 
shall be furnished by the owner or seller of such wood or bark, with 1796^ 67^ 1 4! 
a ticket certifying the quantity which the load contains, and the name 
of the driver ; and if any firewood or bark shall be conveyed as afore- 
said, without such ticket accompanying the same, or if any driver 
shall refuse to produce and show such ticket on demand, to any mea- 
surer duly sworn as aforesaid, or to give his consent to have the 
same measured, or if such tickets shall certify a greater quantity of 
wood or bark than the load contains, in the opinion of the measurer 
aforesaid, after measuring the same, the driver and owner of such 
wood or bark shall, for each load thereof, forfeit the sum of five dol- 
lars, to the use of the town where the offence shall be committed ; 
provided, nevertheless, that nothing contained in this chapter shall be 
construed to extend to any person who shall transport or cart, or 
cause to be transported or carted, from any wharf or landing place 
to his own dwelling house or store, any cord wood or bark which he 
shall have purchased on such wharf or landing place, or shall have 
landed thereon upon his own account. 

Sect. 205. All baskets, used in measuring charcoal for sale. Dimensions, 
shall contain two bushels, and shall be of the following dimensions, to basice^s.*^ '^"^"^"^ 

1796, 67, § 5. 



286 



Chap. 29. Sect. 1. 



[part I. 



Elegal baskets 
to be seized. 
1796, 67, $ 6. 



Dimensions of 
charcoal boxes. 
1833, 193, § 1. 



Penalty for 
using other 
measures. 
1833, 193, § 2. 

Forfeitures, how 
recovered. 
1796, 67, § 7. 



wit ; nineteen inches in diameter in every part thereof, and seventeen 
inches and a half deep, measuring from the top of the basket to the 
highest part of the bottom ; and the basket shall be well heaped, and 
also be sealed by the sealer of the town, where the person so using 
the same shall usually reside ; and every person, who shall measure 
any charcoal, offered for sale in any basket of less dimensions, or not 
sealed as aforesaid, shall forfeit for each offence fifty cents, to the use 
mentioned in the preceding section, and such basket shall also be 
destroyed. 

Sect. 206. The selectmen of any town may appoint some suit- 
able person, to seize and secure all baskets, used for measuring coal, 
that shall not be of the dimensions prescribed in the preceding sec- 
tion, and sealed as therein required, and may also prosecute all per- 
sons, who shall offend against the said provisions. 

Sect. 207. In the sale of charcoal, it shall further be lawful to 
measure the same in boxes of the following capacities, namely ; of 
two bushels, five bushels, ten bushels, and twenty bushels, said boxes 
being first duly sealed ; and five thousand one hundred and twenty 
eight cubic inches shall be deemed equal to two bushels, or the heap- 
ed basket above described. 

Sect. 208. Every person, who shall measure charcoal offered 
for sale in any box of other capacity, or not sealed as aforesaid, shall 
forfeit for each offence one dollar. 

Sect. 209. All the forfeitures, mentioned in the four preceding 
sections, may be recovered by indictment. 



CHAPTER 29. 



OF SALES BY AUCTIONEERS. 



Auctioneers, to 
be licensed by 
selectmen. 
6 Mass. 505. 
179ft 8, $ 1. 



Section 

1. Auctioneers, to be licensed by select- 
men. 

2. Selectmen to record licenses. 

3. If selectmen refuse to license, applica- 
tion may be made to county commis- 
sioners. 

4. Penalty for receiving goods from mi- 
nors and servants ; and for selling by 
night their own goods. 

5. Auctioneers, to keep an account of 

sales. 

6. " to give bond. 

7. Penalty for selling without license. 



Section 

8. Penalty for selling out of their towns, 
&c., except, &c. 

9. Forfeitures. 

10. Tenants answerable, if they permit un- 
licensed sales in their premises. 

11. Sales by sheriffs, executors, &c., not 
included in this chapter. 

12. Licenses to be in force for one year 
only. 

13. Auctioneers' licenses in Boston. 

14. Penaltj' for selling in Boston contrary 
to license. 



Section 1. The selectmen of any town may, by writing under 
their hands, license, for the term of one year, one or more suitable 
inhabitants of such town, to be auctioneers within the same ; and each 
person receiving such license shall pay to the selectmen, for their use, 
the sum of two dollars. 



TITLE XII.] Chap. 29. Sect. 2 — 11. 287 

Sect. 2. The selectmen shall record every license, so granted, Selectmen 
in a book to be by them kept for that purpose. Ter°"^ '''^"" 

Sect. 3. If the selectmen shall unreasonably refuse or neglect, if selectmen 
after application made to them in writing, to license any person ap- refuse tolicense, 
plying, such person, after giving fourteen days' notice to them, and be^nade°to'"^^ 
also giving them bonds to pay all costs in the case, may apply to the commissioners, 
county commissioners of his county, who, on hearing the parties, may ' 
license the person so applying, if they shall judge it reasonable. 

Sect. 4. If any person, licensed as aforesaid, shall receive for Penalty for re- 
sale by auction, any goods from any minor or servant, knowing him from minors and 
to be such, or shall sell by auction any of his own goods before sun- ^*''^^"!^' ^^ 
rise or alter sunset, he shall lorieit to the use oi the town a sum not nig-ht, their own 
exceeding two hundred dollars, for each offence. %°m^' 

Sect. 5. Every licensed auctioneer shall keep a fair and partic- 1795,8^^2. 
ular account of all goods and chattels sold by him, of the persons of Auctioneers to 
whom the same were received, and of the names of the persons to count ^of sales. 
whom the same shall have been sold. i'^^^; ^> § 2- 

Sect. 6. Each auctioneer shall sive a bond, in a reasonable pen- "-to give bond, 
alty, with sufficient sureties, to the treasurer of the Commonwealth, ' '^ ' 
with condition to pay all auction duties, required by law, to the treas- 
urer of the Commonwealth, and also that he shall, in all things, well 
and truly conform to the laws relating to auctions ; which bonds shall 
be taken by the persons who granted the license, and be by them du- 
ly transmitted to the treasurer of the Commonweahh, with an indorse- 
ment of their approval thereon. 

Sect. 7. If any person, not licensed and qualified as an auction- Penalty for sell- 
eer, shall sell or attempt to sell anv real or personal estate whatso- '"S' without h- 
ever, by way of public auction, he shall be deemed guilty of a misde- 1822,87, §2. 
meanor, and shall be punished by a fine not exceeding five hundred 
dollars, for every offence. 

Sect. 8. If any auctioneer shall, in any other town than that for Penalty for sell- 
which he is licensed, sell or offer for sale, by auction, any lands, "ol^s" &,c. ex-' 
goods or chattels, he shall be punished by a fine not exceeding fifty cept, &c. 
dollars ; provided, that any parcel of real estate, lying partly in one ^^'^^ ' 
town and partly in another, may be sold, within either of such towns, 
by an auctioneer of either town. 

Sect. 9. If any person, not being licensed as an auctioneer in Forfeitures. 
any town, shall sell or offer for sale, by auction, in such town, any 
goods or chattels, he shall forfeit the said goods and chattels to the 
use of such town ; and the same may be seized by the selectmen of 
such town and libelled, according to the provisions of the one hun 
dred and eighteenth chapter, concerning the seizing and libelling of 
forfeited goods. 

Sect. 10. The tenants or occupants of any house or store, hav- Tenants an- 
ing the actual possession and control of the same, who shall knowing- ti^y p'^e'^mU un- 
ly permit any person to sell any real or personal estate by public auc- licensed sales 
tion, in his [their] said house or store, or in any apartment or yard ^n jheir premi- 
appurtenant to the same, contrary to the provisions of this chapter, 
shall forfeit to the use of the town, a sum not exceeding five hundred 
dollars. 

Sect. 11. Nothing in this chapter shall extend to sales made by Sales by sher- 
sheriffs, deputy sheriffs, coroners, constables, collectors of taxes, &c'. not inciud- 



288 



Chap. 30. Sect. 1. 



[part I. 



ed in this chap- 
ter. 

1795, 8, § 2. 
Licenses to be 
in force for one 
year only. 
1795, 8, § 3. 
Auctioneers' 
licenses in Bos- 
ton. 
1819, 132, § 1. 

Penalty for sell- 
ing in Boston^ 
contrary to 
license. 
1819, 132, § 1. 



executors, administrators, guardians, or any other person required by 
law to sell any real or personal estate by public auction. 

Sect. 12. No license granted as aforesaid shall remain in force 
for more than one year from the date thereof. 

Sect. 13. In all licenses granted to auctioneers in the city of 
Boston, the mayor and aldermen may make such conditions, respect- 
ing the places of selling goods and chattels by auction, within said 
city, as they shall think expedient. 

Sect. 14. If any person shall make any sale by auction in the 
city of Boston, at any place not authorized by his license, he shall be 
subject to the like penalties as for selling by auction without license ; 
and the same shall be recovered, by action of debt or by indictment, 
to the use of the city of Boston. 



CHAPTER 30. 



OF WEIGHTS AND MEASURES. 



Section 

1. The standard weights and measures of 
the state. 

2. Weights and measures, to be preserved 
by the state treasurer. 

3. Dimensions, &c., of the bushel and 
other measures. 

4. Treasurer to appoint deputy, and to 
make duplicates of standards for his 
use. 

5. County treasurers, to keep sets of stand- 

ard weights and measures. 

6. " treasurers, to have their stand- 

ards sealed every ten years. 

7. Penalty on county treasurers for neg- 
lect. 

8. Town treasurers, to keep town stand- 

ards. 

9. " treasurers, to have the town 
standards sealed every ten years. 

10. Fees of state and county treasurers for 
sealing weights, &c. 

11. Penalty on town treasurers for neglect. 

12. Sealers in towns, to be appointed by 
selectmen. 

13. Selectmen may remove sealers and fill 
vacancies. 

14. Each town sealer to have a set of stand- 
ards. 



The standard 
weights and 
measures of the 
state. 
1799,60, §1. 



Section 

13. Sealers accountable to towns for pres- 
ervation of standards. 

16. " to give notice, annually, and to 
seal all weights. 

17. Fees of sealers. 

18. Town sealers, to visit all stores, &c., 
and prove their weights — fees — excep- 
tion as to banks. 

19. Town sealer to visit hay scales, &c. 

20. Penalty for refusing to have weights, 

&c., sealed. 

21. " for neglect of sealers. 

22. Vibrating steelyards allowed to be 
used, if sealed. 

23. Provisions respecting measures for salt 
cuid grain. 

24. Penalty for selling by weights, &c., 
not sealed. 

25. " Hundred weight," to be construed 
the net hundred. 

26. Public weighers, to weigh according to 
the preceding section. 

27. Who shall be deemed a public weigher ; 
his duty in weighing eind penalty for 
breach thereof. 



Section 1. The brass and copper weights and measures, here- 
tofore sent from England, with a certificate from the exchequer, that 
they were approved Winchester measures, according to the standard 
in the said exchequer, and which have been adopted, used and allow- 
ed in this state, shall remain the authorized public standards, by which 



TITLE XII.] Chap. 30. Sect. 2 — 5. 289 

all weights and measures shall be tried, proved, and sealed, in the 
manner provided in this chapter. 

Sect. 2. The said weights and measures, and those made in Weights and 
conformity therewith, which are now or may hereafter be deposited measures to be 
in the treasury of the Commonwealth, shall be preserved by the treas- the Ttate treai- ' 
urer, and used as public standards ; those now in the treasury being "''er- 
as follows, namely : one bushel, one half bushel, one peck, one half ' 
peck, one ale quart, one wine gallon, one wine half gallon, one wine 
quart, one wine pint, one wine half pint, and one wine gill ; the said 
measures being made of copper or pewter, conformable, as to con- 
tents, to the said Winchester measures ; also one ell and one yard ; 
also one set of brass weights to four pounds, computed at sixteen 
ounces to the pound, with suitable scales and steel beam ; and one 
set of iron weights, consisting of one fifty six pound weight, one 
twenty eight pound weight, one fourteen pound weight, and one sev- 
en pound weight ; and also a good beam and scales for troy weights, 
and a nest of troy weights from one hundred and twenty eight ounces 
down to the least denomination. 

Sect. 3. Such weights and measures as may be procured from Dimensions, 
time to time to replace the same, shall be made and preserved in the ^c of the 

fo, '^ , ,. . • I 1 r • 1 • I bushel and oth 

rm and or the same dimensions, with the atoresaid weights er measures 

and measures, that is to say, the bushel and its parts shall be made of ^"^^^i ^^> § ^^ 
copper or of pewter ; and the diameter of the bushel shall be not less 
than eighteen inches and a half, containing thirty two Winchester 
quarts ; the diameter of the half bushel not less than thirteen inches 
and three quarters, containing sixteen Winchester quarts ; the diam- 
eter of the peck, not less than ten inches and three quarters, contain- 
ing eight Winchester quarts ; and that of the half peck, not less than 
nine inches, containing four Winchester quarts ; the admeasurement 
being made, in each case, inside of the measure ; and the weight of 
each weight, and the length of each ell and yard, shall be marked or 
stamped thereon, respectively, and sealed with the seal which is kept 
for that purpose by the treasurer. 

Sect. 4. The treasurer of the Commonwealth shall keep the Treasurer to 
authorized public standard weights and measures in the state treasury ; appomt deputy, 
and he shall cause duplicates thereof to be made, which shall be duplicates of 
kept by a deputy to be appointed by him ; the said deputy shall be standards for 
under oath, and shall give bonds for the faithful discharge of the du- 
ties of his office ; and the said duplicates may be used by the said 
deputy for sealing weights and measures, in like manner, as the stand- 
ards kept in the state treasury may be used by the treasurer, for the 
like purpose. 

Sect. 5. The treasurer of each county shall keep, at the expense County treasur- 
of the county, a complete set of the weights and measures aforesaid, oFstand^^S ^^'^ 
except the bushel measure, and sets of the said scales and beams, all weights and 
of which shall be tried and proved by the said standards, and sealed 5"799^"60^'s 2 
and marked, or stamped as aforesaid, and shall, as to the materials of isoo', is! 
which they are made, and also as to their form, dimensions and con- 
tents, conform to the state standards ; and the said county treasurers 
shall also keep a seal for sealing tov/n standards, and shall preserve 
the same, and also all the said county standards, for their respective 
counties, and to be used for the purposes of standards only. 
37 



290 



Chap. 30. Sect. 6—16. 



[part I. 



County treasur- 
ers, to have 
their standards 
sealed every 
ten years. 
1799, 60, § 2. 

Penalty on 
county treasur- 
ers for neglect. 
1799, GO. $ 2. 

Town treasur- 
ers, to keep 
town standards, 
except, &c. 

1799, GO, § 2. 

1800, 54. 



Sect. 6. Once in every ten years from the first day of January 
in the year one thousand eight hundred and thirty, the respective 
county treasurers for the time being shall cause their said standards 
to be tried, proved and sealed by the state standards, under the direc- 
tion of the treasurer of the Commonwealth. 

Sect. 7. If any county treasurer shall neglect his duty in this 
behalf, he shall for each neglect forfeit a sum not exceeding two hun- 
dred dollars. 

Sect. 8. The treasurer of each town shall, at the expense of 
the town, keep, as town standards, a complete set of the said scales, 
beams, weights and measures, except the bushel measure, conforma- 
ble in all respects to the state standards aforesaid ; excepting, that the 
half bushel, peck and half peck measures, to be kept as town stand- 
ards, may be of wood instead of copper or pewter, and that no town 
treasurer shall be bound to keep a nest of troy weights, other than 
from the lowest denomination to the size of eight ounces : and every 
town treasurer shall also keep a seal, for sealing the weights and 
measures of the inhabitants of the town. 

Sect. 9. The treasurer of each town shall, once in every ten 
years from the first day of January in the year one thousand eight 
hundred and thirty, cause all the said town standards to be tried, 
proved, sealed and stamped as aforesaid, either by the treasurer of the 
Commonwealth, or by the treasurer of the county within which the 
town is situated. 

Sect. 10. The state and county treasurers, respectively, shall be 
entitled to demand of each town treasurer a fee of three cents, for 
the first sealing of any weight, measure, scale or beam, and two cents 
for every subsequent sealing of the same. 

Sect. 11. If any town treasurer shall neglect to perform his du- 
ty as prescribed in this chapter, he shall for each neglect, forfeit a sum 
not exceeding one hundred dollars. 

Sect. 12. One or more suitable persons shall be annually ap- 
pointed in each town, in the manner provided in the fifteenth chapter, 
to be sealers of weights and measures for such town. 

Sect. 13. The selectmen may remove from office any sealer of 
weights and measures in their town, and may fill all vacancies occa- 
sioned by such removal or otherwise. 

Sect. 14. When any town shall vote to have more than one sealer 
of weights and measures, the treasurer of the town shall, at the ex- 
pense thereof, procure and preserve the necessary additional seals, 
weights and measures before specified ; so that each sealer in such 
town may have complete sets of the same. 

Sect. 15. Every sealer of weights and measures shall receive of 

the town treasurer the said town standards and seal, and shall give 

him a receipt therefor, expressing the condition in which the same may 

be ; and he shall be accountable to the town for the due preservation 

of the same in the like condition, until he shall redeliver them to the 

treasurer. 

Seaiers,to give Sect. 16. Every sealer of weights and measures shall, in the 

notice, annual- month of May in every year, advertise in some newspaper, or post 

a^l weights7&c. up notifications in different parts of the town, stating the time and 

place when and where he will attend such of the inhabitants, as live 



Town treasur- 
ers, to have the 
town standards 
sealed every 
ten years. 
1799, 60, § 3. 



Fees of state 
and county 
treasurers for 
sealing weights, 

&;c. 

1799, 60, § 3. 
Penalty on 
town treasurers 
for neglect. 
1799, 60, § 3. 
Sealers in 
towns, to be 
appointed by 
the selectmen. 
Selectmen may 
remove sealers 
and fill vacan- 
cies. 

1799, 60 5 4. 
Each town 
sealer to have 
a set of stand- 
ards. 
1799, 60, 5 4. 

Sealers ac- 
countable to 
towns for pre- 
servation of 
standards. 
1799, 60, § 5. 



TITLE XH.] Chap. 30. Sect. 17 — 23. 291 

within the limits described in the respective notifications, and seal all 
such of tlieir great and small beams, weights and measures, as they 
shall bring in for that purpose ; and he shall deface and destroy all 
such as cannot be brought to the just standard. 

Sect. 17. The sealer shall be entitled to demand, for trying and Fees f_f sealers, 
proving and sealing, as aforesaid, three cents for each beam, weight '"'^^^j ^0, § 6. 
and measure, found to be not conformable to said standards, and one 
cent and five mills for each beam, weight and measure found to be 
conformable thereto. 

Sect. 18. The sealer of every town, excepting Boston, shall go Town sealers 
once in every year to the houses, stores and shops of all such mer- to visit all 
chants, traders, innholders, and retailers of spirituous liquors, and of prov^e' their ° 
such other inhabitants of the town using scales, beams, weights, or weights. 
measures, for the purpose of buying and selling, as shall neglect to jsn' 50! 
bring or send in their said scales, beams, weights and measures, and he 
shall there try, prove and seal the same ; and for the services requir- Fees. 
ed by this section, he shall be entitled to demand and receive of 
such merchants or other persons, double the fees before provided for 
the like services, together with four cents for every mile he shall 
necessarily travel for that purpose, going out and returning home ; 
provided, that nothing contained in this chapter shall control the pro- 
vision contained in the thirty sixth chapter, respecting the trying, Exception as to 
proving, and sealing of the beams and weights used by banks. 1828^*96 6 22 

Sect. 19. The sealer of every town, excepting Boston, shall go Town sealer to 
once in every year, to all hay scales and platform balances, kept by visit hay scales, 
any person for public use, and shall try and seal the same, at the ex- igss 126. 
pense of the owner or keeper thereof. 

Sect. 20. Every person, refusing or neglecting to have his Penalty for re- 
scales, beams, hay scales, platform balances, weights or measures ["^;"f/°&'^® 
so tried, proved and sealed, once in every year, shall forfeit to the sealed. ' 
use of the town a sum not exceeding twenty dollars for each offence, j™' ^^ ^ ^• 

Sect. 21- If any sealer of weights and measures shall neglect to penalty for 
perform his duty, as prescribed in this chapter, he shall for each neglect of 
neglect forfeit to the use of the town a sum not exceeding twenty 1799 '^go § 7. 
dollars. 

Sect. 22. The vibrating steelyards, which have been heretofore vibrating steel- 
allowed and used in this state, may continue to be used ; provided, yards allowed 
that each beam, and the poizes thereof, shall be annually tried, proved sealed. 
and sealed, by a sealer of weights and measures, like other beams and l^^^> f^- 

. , •' ° ' 1816, oO. 

weights. 

Sect. 23. Every measure, by which salt or grain shall be sold, Provisions 
in addition to being conformable in capacity and diameter to the public J^gasures^for 
standards, shall have a bar of iron across the middle thereof at the salt and grain, 
top, to be approved by a sealer of weights and measures, and a bar ^^~^' ^^^• 
or standard of iron from the centre of the first mentioned bar to the 
centre of the bottom of the measure, to be approved in like manner ; 
and every such measure shall be filled by shovelling such salt or 
grain into the same ; and the striking thereof shall always be length- 
wise of the said first described bar ; and if any person shall sell or 
expose to sale any salt or grain, in any other measure, or shall fill or 
strike such measure, in any other manner, than is provided in this sec- 
tion, he shall forfeit to the use of the town where the offence is com- 



292 



Chap. 31. Sect. 1. 



[part I. 



Penalty for sel- 
ling by weights, 
&c. not sealed. 
1799, 69. 



•' Hundred 
weight" to be 
construed the 
net hundred. 
1826, 121. 

Public weighers 
to weigh ac- 
cording to the 
preceding sec- 
tion. 

Who shall be 
deemed a pub- 
lic weigher; 
his duty in 
weighing, and 
penalty for 
breach thereof. 
1826, 121. 



mitted the sum of fifty cents, for every bushel of salt or grain meas- 
ured, filled or stricken contrary to the provisions of this section ; pro- 
vided, that salt may be measured from vessels in such measures as 
are used by the government of the United States, and that nothing 
contained in this section shall prevent the measuring of salt in 
tubs, or any proportional parts of hogsheads without bars, as may be 
determined by any town ; and that the regulations of this section 
shall not take effect in any town, except where they shall be adopted 
by a vote, at a legal meeting of the inhabitants, and such vote shall 
have been published for the space of one month, in some newspa- 
paper printed in such town, or in its vicinity, if none is printed in the 
town. 

Sect. 24. If any person shall sell or expose to sale any goods, 
wares or merchandize, fruit, grain or other commodity whatsoever, 
by any beams, weights or measures, that have not been sealed as pro- 
vided in this chapter, he shall for each offence forfeit to the use of 
the town a sum not exceeding ten dollars. 

Sect. 25. When any commodities shall be sold by the hundred 
weight, it shall be understood to mean the net weight of one hundred 
pounds avordupois ; and all contracts concerning goods sold by 
weight shall be understood and construed accordingly. 

Sect. 26. Every public weigher of goods or commodities shall 
weigh the same, according to the provisions of the preceding section, 
and make his certificate accordingly. 

Sect. 27. Every public weigher, who shall offend against the 
provisions of the preceding section, shall for every such offence for- 
feit to the use of the town a sum not exceeding ten dollars ; and 
every weigher of goods or commodities, appointed by any town, and 
every weigher of goods or commodities, for hire or reward, shall be 
deemed and taken to be a public weigher, so far as lelates to the 
provisions of this and the preceding section. 



CHAPTER 31. 

OF THE WEIGHING OF LIGHTERS AND OTHER VESSELS EMPLOYED 
IN TRANSPORTING STONE, GRAVEL AND SAND. 



Section 

1. Weighers of lighters, &c., to be ap- 
pointed by selectmen. 

2. Lighters, &c., to be marked. 

3. Duty of weighers. 

4. Deduction may be made of one ton for 
every inch, &c. 

5. Persons on board, to keep between 



Section 

bulk head and fore chains, under penal- 
ty- 

6. Marks, to be examined every year. 

7. Fees. 

8. Penalty for neglecting to have lighters 

weighed. 

9. " for falsely placing marks, &c. 



Weighers of SECTION 1. The selectmen of every town, where lighters or 

bf a^ppoimedby Other vessels are employed in transporting stones, gravel, or sand, 
selectmen, &c, and the mavor and aldermen of the city of Boston, shall, in the 

1822, 103, § 2. "^ 



TITLE XII.] Chap. 31. Sect. 2 — 6. 

months of March or April, annually, appoint one or more weighers 
of vessels, who shall be sworn to the faithful discharge of the duties 
of that office. 

Sect. 2. Every lighter or other vessel employed in transporting Lighters, &c. 
any stone sold by weight, or any gravel or sand, shall be marked on ^^^f ")?i''!'^4 
tlie stem and stern post, nearly level with the bend of such vessel, ' ' ^ ' 
with stationary marks of bar iron, not less than six inches in length, 
and two and a half inches in breadth, fastened with two good and 
sufficient iron bolts, driven through said stem and stern post and 
riveted into the said bar iron, from which all other marks shall take 
their distance, in feet, inches, and parts of inches, as the distance may 
require, from the lower edge of the said stationary marks to the lower 
edge of the other marks ; which marks shall be as follows, namely : 
light water marks, not less than four inches in length and one inch and 
a half in breadth ; and every four tons above said light water marks, 
legibly cut, or cast, in figures, of 4, 8, 12, 16, 20, and so forth, up 
to the full capacity of the vessel ; and said figures shall express the 
weight, which such vessel is capable of carrying, when the lower part 
of the respective numbers aforesaid shall touch the water ; and all the 
said marks shall be of good and sufficient lead or copper, fastened on 
the stem and stern post of each vessel with sufficient nails, not less 
than one inch in length. 

Sect. 3. Every such weigher shall furnish all the requisite marks Duty ofweigh- 
and nails, when thereto requested, and shall cause all such lighters ^glg ^^^ , g 
and other vessels to be weighed and marked in conformity with the 
provisions of the preceding section, and during the time of so weigh- 
ing and marking them, all the persons, employed on board of such 
vessels, shall be stationed between the bulk head and the fore chains 
thereof; he shall also keep a correct account of the distance of each 
mark, below the stationary marks, in feet, inches and parts of inches, 
in a book to be kept for that purpose, and give a certificate thereof, 
expressing the distance as aforesaid, to the master of every such 
vessel. 

Sect. 4. In taking the tonnage of every such vessel, a deduction Deduction may 
may be made of one ton, for every inch that the light water marks be made of one 
may be under water, after such vessels shall have discharged their inch &c. 
loading. 1822, los, § 4. 

Sect. 5. Every person, on board of any such vessel, who shall Persons on 
not keep within the bounds of the bulk head and fore chains, during between bu^k- 
the time of taking her marks, or while any weigher shall be employed head and fore 
in weighing or marking as aforesaid, unless in case of absolute neces- penalty ™ " 
sity, shall forfeit a sum not exceeding twenty dollars for every 1822, lbs, §5. 
offence. 

Sect. 6. All such vessels shall have their marks examined in Marks, to be 
the month of June in each year, by a sworn weigher, who shall yg![|^'"^*^ ^"^^^ 
ascertain if their marks agree with their former certificates, and, if so, I822", 103,^ 7. 
shall certify the same accordingly ; and in case such marks should 
not agree with the former certificates, the said weigher shall keep 
such certificates in his possession, to be used as evidence against the 
master or owner of such vessel, in any prosecution under the provi- 
sions of this chapter ; and such vessel shall moreover, in such case, 
be weighed again. 



294 



Chap. 31. Sect. 7—9. 



[part I. 



1^1; 103, $§6, 



Penalty for 
neglecting to 
have lighters 
weighed. 
1822, 103, § 5. 



Penalty for 
falsely placing 
marks, &c. 
1822, 103, § 5. 



Sect. 7. Every weigher of vessels shall be entitled to receive, 
from the owner or master of each vessel, weighed and marked ac- 
cording to the provisions of this chapter, the following fees to wit ; 
twenty cents for every ton of such vessel, and four dollars for furnish- 
ing marks, nails, and other necessary articles, and fastening the same, 
and giving the certificate, as before provided ; and for the services 
required of him by the preceding section, he shall receive one dollar 
and fifty cents. 

Sect. 8. Every owner or master of any such vessel, who shall 
neglect to have the same weighed, marked and examined, according 
to the provisions of this chapter, or who shall remove any marks, or 
alter his certificate, shall forfeit a sum not exceeding three hundred 
dollars for every offence. 

Sect. 9. Every such weigher, who shall be guilty of placing any 
such mark, contrary to the provisions of this chapter, or who shall 
give a false certificate, shall forfeit a sum not exceeding three hundred 
dollars for every offence. 



CHAPTER 32. 



OF SHIPPING, SHIP OWNERS, AND CHARTERERS ; AND OF PILOTAGE. 



Section 

of shipping, ship owners, and char- 
TERERS. 

1. Ship owners, how far answerable for 
embezzlement, loss, &c. 

2. Contribution for embezzlement, loss, 
&c. in certain cases. 

3. Charterer to be deemed the owner, in 
case, &c. 

4. The preceding provisions, not to affect 
any other remedies of parties. 

PILOTAGE ; GENERAL PROVISIONS. 

5. Pilots to be appointed b}' the governor 
—Their power to appoint deputies. 

6. All pilots to give bond. 

7. General duty of branch pilots. 

8. Districts of pilots. 

9. Pilots, to keep boats. 

10. Fees of the pilots appointed by the 
governor, to be fixed by him. 

11. Pilots liable for negligence while in 
charge of vessels. 

12. Wlien masters may pilot their own 
vessels. 

13. 'WTien pilots not entitled to fees. 

14. Governor and council may remove 
pilots. 

PILOTAGE OF THE HARBOR OF BOSTON. 

1.5. Two commissioners of pilots, to be j 
appointed for Boston. I, 



Section 

16. Commissioners may grant and revoke 
commissions and warrants. 

17. Pilots to give bond to state treasurer. 

18. Sureties on pilots' bonds may be re- 
leased therefrom. 

19. Commissioners, to keep an office, hear 
complaints, &c. 

20. Pilots, to render quarterly accounts to 
commissioners — Additional fees — Pen- 
alty for a false return. 

21. Commissioners may make regulations 

for pilots, &c. — Regu- 
lations to be published. 

22. " to keep fair records of 

their proceedings, &c. 

23. No person, e.xcept a pilot, to pilot ves- 
sels, e.vcept, &c. 

24. When a ship master may pilot his own 
vessel. 

pilotage of the PORT OF SALEM. 

25. The governor may appoint pilots for 

Salem. 
26 " " maj' remove them for 

good cause. 

27. Regulations for Salem, to be made by 
presiding officers of the Marine and 
East India Marine societies. 

28. Pilots of Salem, to be governed by 
those regulations, and this chapter. 



TITLE XII. J 



Chap. 32. Sect. 1—5. 



295 



Section 

pilotage of newburyport. 

29. The governor may appoint pilots for 
Ncwburyport. 

30. Pilots, to give bond. 

31. Penally for piloting, when not a pilot. 

32. Pilots for Newburyport, to be subject to 
the regulations of this chapter. 

PILOTAGE OF NEW BEDFORD AND FAIR- 
HAVEN. 

33. Wardens, appointed by the governor, 

shall commission pilots. 

34. " to make regulations respect- 

ing pilotage, and may re- 
voke commissions. 

35. Pilots to be sworn and to give bond. 

36. Any one pilot may take charge of ves- 



Section 

sels drawing more than nine feet of 
water. 

37. Rates of pilotage. 

38. Non-commissioned pilots' duty and 
compensation, &c. 

39. Pilots, to teike charge of vessels ready 

for sea, &c. — Their services 
may be declmed. 

40. " liable for delays and damages. 

41. Fishing and coasting vessels exempted 
from provisions of this chapter. 

PILOTAGE THROUGH THE VINEYARD 
SOUND OVER NANTUCKET SHOALS IN 
CERTAIN CASES. 

42. Compensation for piloting through tlie 
Vineyard Sound, &c. 



OF SHIPPING, SHIP OWNERS AND CHARTERERS. 

Section 1. No ship owner shall be answerable, beyond the Shipowners, 
amount of his interest in the ship and freight, for any embezzlement, svverabie^for 
loss, or destruction, by the master or mariners, of any goods, wares, embezzlement, 
or merchandize, or any property put on board of such ship or vessel, j^M^ss 99 
nor for any act, matter or thing, damage or forfeiture done, occasion- 1818, 122, § i. 
ed or incurred, by the said master or mariners, without the privity or 
knowledge of such owner. 

Sect. 2. If any such embezzlement loss or destruction, as men- Contribution for 
tioned in the preceding section, shall be suffered by several freighters f^s'^^c*^™^"*!-- 
or owners of goods, wares or merchandize, or any property what- tain'cases. 
ever, on the same voyage, and the whole value of the ship or vessel ^^^^> ^^^' ^ ^• 
and her freight for the voyage, shall not be sufficient to make com- 
pensation to each of them, they shall receive compensation from the 
owner of the ship, in proportion to their respective losses ; and for 
that purpose, the said freighters and owners of property, and the own- 
ers of the ship or vessel, or any of them, may prosecute a bill in 
equity, for a discovery of the amount of loss or damage, suffered as 
aforesaid, and of the value of the ship and freight, and for the equal 
distribution and payment of the sum, for which the owner or owners 
of the ship may be liable, among the parties enti