ACTS

RESOLVES

PASSED ET THE

General ^aurt nf Ulajjsaf hiisetts,

IN THE TEAR

1896,

TOGETHER WITH

THE CONSTITUTION, THE MESSAGES OF THE GOVERNOR,

LIST OF THE CIVIL GOVERNMENT, TABLES SHOWING

CHANGES IN THE STATUTES, CHANGES OF

NAMES OF PERSONS, ETC., ETC.

PUBLISHED BY THE

SECRETARY OF THE COMMONWEALTH.

BOSTON :

WRIGHT & POTTER PRINTING CO., STATE PRINTERS,

18 Post Office Square.

1896.

A CONSTITUTION

FORM OF GOVERNMENT

Commontosall^ oi P^assac^usatts.

PREAMBLE.

The end of the institution, maintenance, and administra- objects of
tion of government, is to secm'e the existence of the body s°^''™™''°'-
politic, to protect it, and to furnisli the individuals who
compose it with the power of enjoying in safety and tran-
quillity their natural rights, and the blessings of life : and
whenever these great objects are not obtained, the people
have a right to alter the government, and to take meas-
ures necessary for their safety, prosperity, and happiness.

The body politic is formed by a voluntary association Body pontic,
of individuals : it is a social compact, by which the whole ns^at'u?^!'^
people covenants with each citizen, and each citizen with
the whole people, that all shall be governed by certain
laws for the common good. It is the duty of the people,
therefore, in framing a constitution of government, to
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 secu-
rity in them.

We, therefore, the people of Massachusetts, acknowl-
edging, with grateful hearts, the goodness of the great
Legislator of the universe, in aflbrding us, in the course
of His providence, an opportunity, deliberately and peace-
ably, without fraud, violence, or surprise, of entering into

CONSTITUTION OF THE

an original, explicit, and solemn compact with each other;
and of forming a new constitution of civil government,
for ourselves and posterity ; and devoutly imploring His
direction in so interesting a design, do agree upon, ordain,
and establish, the following Declaration of Mights, and
Frame of Government, as the Constitution of the Com-
monwealth OF Massachusetts.

PAET THE FIRST.

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

Equality and ARTICLE I. All mcu are bom free and equal, and have

Ll'men."^ **° Certain natural, essential, and unalienable rights; among
which may be reckoned the right of enjoying and defend-
ing their lives and liberties ; that of acquiring, possessing,
and protecting property; in fine, that of seeking and ob-
taining their safety and happiness.
Right and duty jj. It is the right as well as the duty of all men in
gious worship, socicty, publicly, and at stated seasons, to worship the
rhe°reTn.'°° SuPREME Being, the great Creator and Preserver of the
z2°Aiien!i29. uuivcrse. And no subject shall be hurt, molested, or
restrained, in his person, liberty, or estate, for worship-
ping God in the manner and season most agreeable to the
dictates of his own conscience ; or for his religious pro-
fession of sentiments ; provided he doth not disturb the
public peace, or obstruct others in their religious worship.
Amendment, uj. [^^g the liappincss of a people, and the good order

tute'd'for this, and preservation of civil government, essentially depend
upon piety, religion, and morality ; and as these cannot
be generally diffused through a community but by the
institution of the public worship of God, and of public
Legislature em- instructioiis in piety, religion, and morality : Therefore,
pel provision for to promotc their happiness, and to secure the good order
public worship, ^^^ preservation of their government, the people of this
commonwealth have a right to invest their legislature with
power to authorize and require, and the legislature shall,
from time to time, authorize and require, the several towns,
parishes, precincts, and other bodies politic, or religious
societies, to make suitable provision, at their own expense,
for the institution of the public worship of God, and for
the support and maintenance of public Protestant teachers

COMMONWEALTH OF MASSACHUSETTS. 5

of piety, religion, and morality, in all cases where such
provision shall not be made voluntarily.

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

Provided, notwithstanding, that the several towns, par- Exclusive right
ishes, precincts, and other bodies politic, or religious socie- giourteTc^hets"
ties, shall, at all times, have the exclusive right of electing '*«'="'"ed-
their public teachers, and of contracting with them for
their support and maintenance.

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

And every denomination of Christians, demeaning them- Aiidenomina-
selves peaceably, and as good subjects of the commonwealth, pmected* ^
shall be equally under the protection of the law : and no subordination
subordination of any one sect or denomination to another ^^ °°® ^'"^^ ^'^

J another pro-

shall ever be established by law.] hibited.

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

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

V. All power residing originally in the people, and ^f^'an^offi^ce""^
being derived from them, the several magistrates and etc
officers of government, vested with authority, whether
legislative, executive, or judicial, are their substitutes

and agents, and are at all times accountable to them.

VI. No man, nor corporation, or association of men, services ren-
have any other title to obtain advantages, or particular puiTiic being the
and exclusive privileges, distinct from tbose of the com- peiui'iarVrfvi-
nmnity, than what arises from the consideration of ser- leges, heredi-

I -, IT 11' -ii. • tary offices are

Vices rendered to the public; and this title being m absurd and
nature neither hereditary, nor transmissible to children,
or descendants, or relations by blood, the idea of a man

CONSTITUTION OF THE

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

Right of people
to secure rota-
tion in office.

All, having the
qualitications
prescribed,
equally eligible
to office.
For the defini-
tion of " inhabit-
ant," see Ch. 1,
Sect. 2, Art. II.
Right of protec-
tion and duty of
contribution
correlative.

Taxation found-
ed on consent.
16 Mass. 326.
1 Pick. 418.
7 Pick. 344.
12 Pick. 184, 467.
16 Pick. 87.
23 Pick. 360.
7 Met. 388.
4 Gray, 474.
7 Gray, 363.
14 Gray, 154.
1 Allen, 150.
4 Allen, 474.
Private prop-
erty not to be
taken for public
uses without,

6 c'ush. 327.
14 Gray, 155.
16 Gray, 417,
431.

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

born a magistrate, lawgiver, or judge, is absurd and
unnatural.

VII. Government is instituted for the common good;
for the protection, safety, prosperity, and happiness of the
people ; and not for the profit, honor, or private interest
of any one man, family, or class of men : Therefore the
people alone have an incontestible, unalienable, and inde-
feasible right to institute government ; and to reform,
alter, or totally change the same, when their protection,
safety, prosperity, and happiness require it.

VIII. In order to prevent those who are vested witli
authority from becoming oppressors, the people have a
right, at such periods and in such manner as they shall
establish by their frame of government, to cause their
public officers to return to private life ; and to fill up
vacant places by certain and regular elections and appoint-
ments.

IX. All elections ought to be free ; and all the inhab-
itants of this commonwealth, having such qualifications as
they shall establish by their frame of government, have an
equal right to elect officers, and to be elected, for public
employments. 122 Mass. 595, 596.

X. Each individual of the society has a right to be
protected by it in the enjoyment of his life, liberty, and
property, according to standing laws. He is obliged, con-
sequently, to contribute his share to the expense of this
protection ; to give his personal service, or an equivalent,
when necessary : but no part of the property of any indi-
vidual can, with justice, be taken from him, or applied to
public uses, without his own consent, or that of the repre-
sentative body of the people. In fine, the people of this
commonwealth are not controllable by any other laws
than those to which their constitutional representative
body have given their consent. And whenever the pub-
lic exigencies require that the property of any individual
should be appropriated to public uses, he shall receive a
reasonable compensation therefor.

1 Allen, 150.

11 Allen, 530.

12 Allen, 223, 230.
100 Mass. 544, 510.

103 Mass. 120, 624.
106 Mass. 356, 362.
108 Mass. 202, 213.
Ill Mass. 130.

113 Mass. 45. 127 Mass. 50, 52,

116 Mass. 463. 358, 363, 410, 413.

126 Mass. 428, 441. 129 Mass. 559.

XL Every subject of the commonwealth ought to find
a certain remedy, by having recourse to the laws, for all
injuries or wrongs which he may receive in his person,
property, or character. He ought to obtain right and
justice freely, and without being obliged to purchase it;

COMMONWEALTH OF MASSACHUSETTS. 7

completely, and without any denial ; promptly, and with-
out delay ; conformably to the laws.

XII. No subject shall be held to answer for any crimes Prosecutions
or offence, until the same is fully and plainly, substantially, g pick. 211.
and formally, described to him ; or be compelled to accuse, Js pick.' 434.
or furnish evidence against himself. And every subject f-^ii^^29^-
shall have a right to produce all proofs that may be f^^l^\~'^^'
favoralile to him ; to meet the witnesses against him face 5 Gray' leo.
to face, and to be fully heard in his defence by himself, 10 Gray, 11.'
or his counsel, at his election. And no subject shall be 2 A^ien^/sei^'
arrested, imprisoned, despoiled, or deprived of his prop- ^o^2m°439^
erty, immunities, or privileges, put out of the protection 473!

of the law, exiled, or deprived of his life, liberty, or 97 Mass.'sTu,'
estate, but by the judgment of his peers, or the law of looMass. 287,

the land. 103 Maes. 418.

107 Mass. 172, 180. 118 Mass. 443, 451. 122 Mass. 332. 127 Mass. 550, 5.54.

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

And the leo-islature shall not make any law that shall ?5§^httotriaiby

O . , . , • . , j^'ry in criminal

subject any person to a capital or infamous punishment, cases, except,
excepting for the government of the army and navy, with- s Gray, 329, 373.

i J. • 1 1 , • , , 103 Mass. 418.

out trial by jury.

XIII. In criminal prosecutions, the verification of facts, Crimes to be
in the vicinity where they happen, is one of the great- vicinityr

est securities of the life, liberty, and property of the 121 m'I'ss. ei, 62.
citizen.

XIV. Every subject has a rio;ht to be secure from all Right of searcii

-, ^ 1 1 • /•!• !• aiid seizure

unreasonable searches, and seizures, ot his person, his regulated.
houses, his papers, and all his possessions. All warrants, A°nend'tiv. "
therefore, are contrary to this right, if the cause or founda- Iculh^fdo.
tion of them be not previously supported by oath or affir- i3^rI'-^454
mation, and if the order in the warrant to a civil officer, to 10 Alien, 403.

, 1 . ill J 1 '100 Mass. 136,

make search in suspected places, or to arrest one or more 139.
suspected persons, or to seize their property, be not accom- ^^^ ^'*^^- 2^^'
paniedwith a special designation of the persons or olijects
of search, arrest, or seizure : and no warrant ought to be
issued but in cases , and with the formalities prescribed by
the laws.

XV. In all controversies concerning property, and in Right to trial by
all suits between two or more persons, except in cases in cepl^etT '^^"
which it has heretofore been otherways used and practised, Amend°t vii^.''
the parties have a right to atrial by jury ; and this method ypjck.fe^
of procedure shall be held sacred, unless, in causes arising 5 Gray, 144.
on the high seas, and such as relate to mariners' wages, iiAnen,574,
the legislature shall hereafter find it necessary to alter it. io2'Ma8s.45,

114 Mass. 388, 390. 122 Mass. 505, 516. 125 Mass. 182, 18S. '*^*
120 Mass. 320, 321. 123 Mass. 590, 593. 128 Mass. 600.

CONSTITUTION OF THE

Liberty of the
press.

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

Moral qualifica-
tions for office.

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

Right of people
to instruct rep-
resentatives and
petition legisla-
ture.

Power to sus-
pend the laws or
their execution.

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

Frequent ses-
Bions, and ob-
jects thereof.

Taxation found
ed on consent.
8 Allen, 247.

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

XVII. The people have a right to keep and to bear
arms for the common defence. And as, in time of peace,
armies are dangerous to liberty, they ought not to be
maintained without the consent of the legislature ; and
the military power shall always be held in an exact subor-
dination to the civil authority, and 1)6 governed by it.

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

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

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

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

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

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

COMMONWEALTH OF MASSACHUSETTS. 9

XXIV. Laws made to punish for actions done before ExpoH facto
the existence of such laws, and which have not been de- nl.\\ll,^i^l\^^'
clared crimes by preceding laws, are unjust, oppressive, 'i^^- •i-'^> -t^-
and inconsistent with the fundamental principles of a free
government.

XXV. No subject ought, in any case, or in any time, Legislature not
to be declared guilt}^ of treason or felony by the legisla- l^easoiV'etc!
ture.

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

c3 , . . ^ • n' hues, aud cruel

excessive bail or sureties, impose excessive nnes, or miiict punishments,

1 1 .1 . prohibited.

cruel or unusual punishments. 5 Gray, 482.

XXVII. In time of peace, no soldier ought to l)e quar- xo soldier to be
tered in any house without the consent of the owner ; and houserunie^s"^
in time of war, such quarters ought not to be made but *^''^"

by the civil magistrate, in a manner ordained by the legis-
lature.

XXVIII. No person can in any case be subject to law- citizens exempt
martial, or to any penalties or pains, by virtue of that law, tiTiTuni^s^^etc.
except those employed in the avrnj or navy, and except

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

XXIX. It is essential to the preservation of the rights judges of sn.
of every individual, his life, liberty, property, and charac- J.^^™! •'"'''"'*'
ter, that there be an impartial interpretation of the laws, 1 G,^ay,^472.
and administration of justice. It is the right of every i Aiiep, 591.
citizen to be tried by judges as free, impartial, and inde- 105 Mass. 2V9,
pendent as the lot of humanity will admit. It is, therefore, Tenm'e'of their
not only the best policy, but for the security of the rights '^^^^^'

of the people, and of every citizen, that the judges of the
supreme judicial court should hold their offices as long as
they behave themselves well ; and that they should have
honorable salaries ascertained and established l)y standing salaries.
laws.

XXX. In the government of this commonwealth, the separation of
legislative department shall never exercise the executive cufi^amnegu-"
and iudicial powers, or either of them : the executive shall lat've depart-

• ^ t • ^ • I'T'i •! lueuts.

never exercise the legislative and judicial powers, or either ^ cush. 5-7.
of them: the judicial shall never exercise the legislative s Alien ,'247 ,'253.
and executive powers, or either of them: to the end it ^!^|^^;'^'*«'*- -^-»
may be a government of laws and not of men. 24^.^'^^^''^^'

116 Mass. 317.
129 Mass, 559.

10

CONSTITUTION OF THE

Title of body
politic.

PART THE SECOND.
The Frame of Government.

The people, inhabiting the territory 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.

Legislative
department.

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

Govemor'sveto.
99 Mass. 636.

Bill may be
passed by two-
thirds of each
house, DOtwith-
Btandin?.

CHAPTER I.

THE LEGISLATIVE POWER.

Section I.
The General Court.

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

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

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

COMMONWEALTH OF MASSACHUSETTS. 11

the votes of both hduses 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. For exception

1-1 1 1 •/• 1 Ml in case of ad-

And in order to prevent unnecessary delays, ii any bill joummentof
or resolve shall not be returned by the governor within court within
five days after it shall have been presented, the same shall see fmend.^*'
have the force of a law. Sss'.teT; ^"

HI. The general court shall forever have full power General court
and authority to erect and constitute judicatories and judLatorTJa"'^
courts of record, or other courts, to be held in the name courts of record,
of the commonwealth, for the hearins;, trying, and deter- ?,^'"^y'i- „

. o' ./ o' 12 Gray, 147,

mining of all manner of crimes, oflences, pleas, processes, 154,

plaints, actions, matters, causes, and things, whatsoever,

arising or happening within the commonwealth, or between

or concerning persons inhabiting, or residing, or brought

within the same ; whether the same be criminal or civil,

or whether the said crimes be capital or not capital, and

whether the said pleas be real, personal, or mixed ; and

for the awarding and making out of execution thereupon.

To which courts and judicatories are hereby given and Courts etc.,

granted full power and authority, from time to time, to oaths.

administer oaths or affirmations, for the better discovery

of truth in any matter in controversy or depending before

them.

IV. And further, full power and authority are hereby General court
given and granted to the said general court, from time to ^cf ^^^'^ *^*'
time to make, ordain, and establish, all manner of whole- 4aiim',4^3.
some and reasonable orders, laws, statutes, and ordinances, ^^.^"^"-^^s.
directions and instructions, either with penalties or with- 190 Mass. 544,
out ; so as the same be not repugnant or contrary to this iioMass. 467,
constitution, as they shall judge to be for the good and ' "
welfare of this commonwealth, and for the government , mayf°act

, ' c5 Jaws, etc., not

and ordering thereof, and of the subjects of the same, and repugnant to

f.,1 ^ Jl^L'l'J^ 1 the constitution.

tor the necessary support and deience ot the government e Alien, 358.
thereof; and to name and settle annually, or provide by may provide
fixed laws for the naming and settling, all civil officers or'app^ofnuneu't
within the said commonwealth, the election and consti- ii5°Ma88.*602.
tution of whom are not hereafter in this form of govern-
ment otherwise provided for ; and to set forth the several th^r dE?"^*^^
duties, powers, and limits, of the several civil and military
officers of this commonwealth, and the forms of such
oaths or affirmations as shall be respectively administered
unto them for the execution of their several offices and
places, so as the same be not repugnant or contrary to

12

CONSTITUTION OF THE

may Impose
taxea, etc.
12 Mass. 252,

5 Allen, 428.

6 Allen, 558.

8 Allen, 247, 253.

10 Allen, 235.

11 Allen, 268.
12Allen,77, 223,
235, 238, 240, 298,
300,312,313,500,
612.

98 Mass, 19.

100 Mass. 285.

101 Mass. 675,
585.

103 Mass. 267.

114 Mass. 388,

391.

116 Mass. 461.

lis Mass. 3S6,

889.

123 Mass. 493,

495.

127 Mass. 413.

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

this constitution ; and to impose and 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 duties and excises upon any produce,
goods, wares, merchandise, and commodities, whatsoever,
brought into, produced, manufactured, or being within
the same ; to be issued and disposed of by warrant, under
the hand of the governor of this commonwealth for the
time being, with the advice and consent of the council^
for the pul^lic service, in the necessary defence and sup-
port of the government of the said commonwealth, and
the protection and preservation of the subjects thereof,
according to such acts as are or shall be in force within
the same.

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

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

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

Per provision as
to councillors.
Bee amend-
ments. Art.
XVI.

CHAPTER I.

Section II.

Senate.

•

Article I. [There shall be annually elected, by the
freeholders and other inhabitants of this commonwealth,
qualified as in this constitution is provided, forty persons
to be councillors 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 districts, shall govern themselves by the pro-
portion of the public taxes paid by the said districts ; and
timely make known to the inhabitants of the common-
wealth the limits of each district, and the number of coun-
cillors and senators to be chosen therein ; provided, that
the number of such districts shall never be less than thir-

COMMONWEALTH OF MASSACHUSETTS. 13

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

And the several counties in this commonwealth shall, counties to be

. ' diBtncts, until,

until the general court shall determine it necessary to etc.
alter the said districts, be districts for the choice of coun-
cillors and senators, (except that the counties of Dukes
County and Nantucket shall form one district for that pur-
pose) and shall elect the following number for councillors
and senators, viz. : — Suffolk, six ; Essex, six ; Middlesex,
five ; Hampshire, four ; Plymouth, three ; Barnstable, one ;
Bristol, tliree ; York, two ; Dukes County and Nantucket,
one ; Worcester, live ; Cumberland, one ; Lincoln, one ;
Berkshire, two.]

II. The senate shall be the first branch of the legisla- Manner and
ture ; and the senators shall be chosen in the following man- Be^atm-sanT"^
ner, viz. : there shall be a meeting on the [first Monday in amendra°e'nt8f''*'
April,] annually, forever, of the inhabitants of each town xv^' a's^"'^
in the several counties of this commonwealth ; to be called to cities, see

-1 ,^ 1. 1 -I ' 1 jy 1 j_ amendments,

by the selectmen, and W'arned in due course ot law, at Art. ii.
least seven days before the [first Monday in April,] for JuauSonsc'f
the purpose of electing persons to be senators and coun- sededbyamend
cillors ; [and at such meetings every male inhabitant of ments. Arts.
twenty-one years of age and upwards, having a freehold xx'viii.','xxx.,
estate within the commonwealth, of the annual income of xxxii.'^"
three pounds, or any estate of the value of sixty pounds, tYn°t'"dJfined!'
shall have a riaht to give in his vote for the senators for See aiso amend-

~ . . .1 . ments, Art.

the district of which he ]s an inhabitant.! And to remove xxiii., which

1111, • .1 . f ji 1 .11., was annulled by

all doubts concerning the meaning ot the word " inhabit- Art.xxvi.
ant" in this constitution, every person shall be considered i22Ma8B.^595,
as an inhabitant, for the purpose of electing and being ^^^'
elected into any otfice, 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 i)reside at Selectmen to

, .. . .• n 1 1 11 -1 preside at town

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

14

CONSTITUTION OF THE

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

Inhabitants of
unincorporated
plantations,
who paj' state
taxes, may vote.

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

G-overnor and
council to ex-
amine and count
votes, and issue
summonses.
Time changed
to first Wednes-
day iu January
by amendments,
Art. X.
Majority
changed to
plurality by
amendments,
Art. XIV.

Senate to be
final judge of
elections, etc.,
of its own mem-
bers.

of the contents thereof, and delivered by the town clerk
of such towns, to the sheriff of the county in which such
town lies, thirty days at least before [the last Wednesday
in May] annually ; or it shall be delivered into the secre-
tary's office seventeen days at least before the said [last
Wednesday in May :] and the sheriff ot each county shall
deliver all such certificates by him received, into the
secretary's office, seventeen days before the said [last
Wednesday in May.]

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

III. And that there may be a due convention of sena-
tors on the [last Wednesday in May] annually, the gov-
ernor with five of the council, for the time being, shall,
as soon as may be, examine the returned copies of such
records ; and fourteen days before the said day he shall
issue his summons to such persons as shall appear to be
chosen by [a majority of] voters, to attend on that day,
and take their seats accordingly : provided, nevertheless,
that for the 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.

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

COMMONWEALTH OF MASSACHUSETTS. 15

pointed out in the constitution ; and shall, Ton the said ?"'5'®f'^*°^®'^

T ITT T 1 •TiT-i 11 1 -111 to first Wednes-

last Wednesday m May] annually, determine and declare day of January
who are elected by each district to be senators [by a A^rf.'x" "^^^ ^'
majority of votes ; and in case there shall not appear to ^t^n^'d to
be the full number of senators returned elected by a ^'^endJ^'enf#
majority of votes for any district, the deficiency shall be Art. xiv.
supplied in the following manner, viz. ; The members of
the house of representatives, and such senators as shall
be declared elected, shall take the names of such persons
as shall be found to have the highest number of votes
in such district, and not elected, 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 g^g^"*^'^^' ^°^
senators sufficient to fill up the vacancies in such district ; Changed to
and in this manner all such vacancies shall be filled up in pJopie? '^
every district of the commonwealth ; and in like manner nTentsrArt'.
all vacancies in the senate, arising by death, removal out ^^'^v.
of the state, or otherwise, shall be supplied as soon as may
be, after such vacancies shall happen.]

V. Provided, nevertheless, that no person shall be Qualifications of
capable of being elected as a senator, [who is not seised property'quaii-
in his own right of a freehold, within this commonwealth, fg'ifea?'^ *^°'°
of the value of three hundred pounds at least, or possessed see amend.

1,'i ments, Art.

of personal estate to the value of six hundred pounds at xiii.
least, or of both to the amount of the same sum, and] who visLnasto
has not been an inhabitant of this commonwealth for the auo'^amend^.*'^
space of five years immediately preceding his election, and, xxn.'^"'
at the time of his election, he shall be an inhabitant in the
district for which he shall be chosen.

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

VH. The senate shall choose its own president, appoint ., ^^'f,!' choose

. ff^ , , . . ^ , . it^ ofhcers and

its own officers, and determine its own rules ot pro- establish its

-,. •"• rules.

ceedings.

Vni. The senate shall be a court with full authority . shaiuryaii
to hear and determine all impeachments made by the
house of representatives, against any officer or officers of
the commonwealth, for misconduct andmal-administration
in their offices. But previous to the trial of every im-
peachment the members of the senate shall respectively
be sworn, truly and impartially to try and determine the oath.
charge in question, according to evidence. Their judg- Limitation of
ment, however, shall not extend further than to removal ^'"^'■'"^''^■
from office and disqualification to hold or enjoy any place

16

CONSTITUTION OF THE

See amend-
ments, Arts.
XXII. and

xxxin.

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

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

Representation
of the people.

Representa-
tives, by whom
chosen.

Superseded by
amendments,
Arts. XII. and
XIII., which
were also
superseded by
amendments,
Art. XXI.
7 Mass. 523.

Proviso as to
towns having
jess than 150
ratable polls.

Towns liable to
fine in case, etc.

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

Qualifications of
a representa-
Uve.

CHAPTER I.

Section III.

House of Representatives.

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

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

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

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

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

III. Every member of the house of representatives
shall be chosen by written votes ; [and, for one year at

COMMONWEALTH OF MASSACHUSETTS. 17

least next preceding his election, shall have been aninhab- New provision
itant of, and have been seised in his own right of a free- see amend-
hold of the value of one hundred pounds within the town xxi*'^ '^ '
he shall be chosen to represent, or any ratable estate to fication^abot''"
the value of two hundred pounds ; and he shall cease to n^ents^A?r''"'*'
represent the said town immediately on his ceasing to be xiii.
qualified as aforesaid.]

IV. [Every male person, being twenty-one years of ^"o{g1.^'*"°°®°^
age, and resident in any particular town in this common- These pro.

O ' r T 1 • Visions super-

wealth lor the space oi one year next preceding, having a seded by

freehold estate within the said town of the annual income Art8.iii.,x'x.,

of three pounds, or any estate of the value of sixty pounds, xxxLand'^'^"

shall have a right to vote in the choice of a representative f^^l^o amend-

or representatives for the said town.l ^^}f4-^'^\-. r.

TT rmi 1 > 1 1 • • 1 11 XXIII., wllich

V. [Ihe members ot the house ot representatives shall was annulled by
be chosen annually in the month of May, ten days at least RepVesenta!
before the last Wednesday of that month. 1 tives.when

^ J chosen.

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

Art. XV.

VI. The house of representatives shall be the grand canTmpeach.
inquest of this commonwealth ; and all impeachments

made by them shall be heard and tried by the senate.

VII. All money bills shall originate in the house of na°traiimouey
representatives ; but the senate may propose or concur ^'"®'
with amendments, as on other bills.

VIII. The house of representatives shall have power mCre°ha^i°wo
to adjourn themselves ; provided such adjournment shall ^ays.

not exceed two days at a time. „ „

TIT 1 1 • 1 1 Quorum. See

IX. TNot less than sixty members of the house of amendments.

Arts .XXI. and

representatives shtdl constitute a quorum for doing busi- xxxiii.
•ness.]

X. The house of representatives shall be the judge of ^tu"ng^*euf., of
the returns, elections, and qualifications of its own mem- itsownmem-

/ ' 1 . . bers ; to chioose

bers, as pointed out in the constitution ; shall choose their its otHcers and
own speaker; appoint their own officers, and settle the rules, etc.
rules and orders of proceedino; in their own house. They May punish

.1 V , , . . "^ for certaui

shall have authority to punish by imprisonment every 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 its sitting, shall
threaten harm to the body or estate of any of its members,
for any thing said or done in the house ; or who shall
assault any of them therefor; or who shall assault, or
arrest, any witness,, or other person, ordered to attend the

18

CONSTITUTION OF THE

Privileges of
members.

Senate.
Governor and
council may
punish.

General limita-
tion.
14 Gray, 226.

Trial may be by
committee, or
otherwise.

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

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

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

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

Governor.

nis title.
To be chosen
annually.
Qualifications.
[See amend-
ments, Arts.
VII. and
5XXIV.]

By whom cho-
sen, if he have a
majority of
votes.

Time of elec-
tion changed by
amendments.
Art. X., and
changed again
by amendments,
Art. XV.

CHAPTER II.

EXECUTIVE POWER.

Section I.

Governor.

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

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

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

COMMONWEALTH OF MASSACHUSETTS. 19

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 liis name ; and shall make a fair

record of the same in the town books, and a public decla- As to cities, see

' i. amendments,

ration thereof m the said meeting ; and shall, in the pres- Art. ii.

ence 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

riast Wednesday in Mayl ; and the sheriff shall transmit Time changed

L •/ »/ J ' to tirst \V ednes-

the same to the secretary's otface, seventeen days at least day of January
before the said [last Wednesday in May] ; or the select- A^rt'.'x.'' '"''"^^'
men may cause returns of the same to be made to the
olEce 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 changed to
examined ; and [in case of an election by a majority of all amendraenfs,
the votes returned] , the choice shall be by them declared ^V'' ^}^'

— ' *^ How clioscii

and published ; [but if no person shall have a majority of when no person
votes, the house of representatives shall, by ballot, elect -''* -^ '"•'^"'"y-
two out of four persons who had the highest number of
votes, if so many shall have been voted for ; but, if other-
wise, out of the number voted for ; and make return to
the senate of the two persons so elected ; on which the
senate shall proceed, by ballot, to elect one, who shall be
declared governor. ]

IV. The governor shall have authority, from time to Power of gov-
time, at his discretion, to assemble and call together the gover'norand
councillors of this commonwealth for the time being ; and '=°"°''''-
the governor with the said councillors, or five of them at

least, shall, and may, from time to time, hold and keep a
council, for the ordering and directing the affjiirs of the
commonwealth, agreeably to the constitution and the laws
of the land.

V. The governor, with advice of council, shall have May adjourn or
full power and authority, during the session of the gen- gInerarcJurt
eral court, to adjourn or prorogue the same to any time "nd^on^enf '
the two houses shall desire ; [and to dissolve the same on t^e same.
the day next preceding the last Wednesday in May ; and, tion, see amend-
in the recess of the said court, to prorogue the same from '"'^" 8,1..
time to time, not exceeding ninety days in any one recess ;]

and to call it together sooner than the time to which it
may be adjourned or prorogued, if the welfare of the com-
monwealth shall require the same ; and in case of any
infectious distemper prevailing in the place where the said

20

CONSTITUTION OF THE

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

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

Governor to be
commander-in-
chief.

court is next at any time to convene, or any other cause
happening, whereby danger may arise to the health or
lives of the members from their attendance, he may direct
the session to be held at some other, the most convenient
place within the state.

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

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

VII. The governor of this commonwealth, for the time
])eing, shall be the commander-in-chief of the army and
navy, and of all the military forces of the state, by sea
and land ; and shall have full power, by himself, or by
any commander, or other officer or officers, from time to
time, to train, instruct, exercise, and govern the militia
and navy ; and, for the special defence and safety of the
commonwealth, to assemble in martial array, and put in
warlike posture, the inhabitants thereof, and to lead and
conduct them, and with them to encounter, repel, resist,
expel, and pursue, by force of arms, as well by sea as by
land, within or without the limits of this commonwealth,
and also to kill, slay, and destroy, if necessary, and con-
quer, by all fitting ways, enterprises, and means whatso-
ever, all and every such person and persons as shall, at
any time hereafter, in a hostile manner, attempt or enter-
prise the destruction, invasion, detriment, or annoyance
of this commonwealth; and to use and exercise, over the
army and navy, and over the militia in actual service, the
law-martial, in time of war or invasion, and also in time
of rebellion, declared by the legislature to exist, as occa-
sion shall necessarily require ; and to take and surprise,
by all ways and means whatsoever, all and every such
person or persons, with their ships, arms, ammunition,
and other goods, as shall, in a hostile manner, invade, or
attempt the invading, conquering, or annoying this com-
monwealth ; and that the governor be intrusted with all
these and other powers, incident to the offices of cap-
tain-general and commander-in-chief, and admiral, to be
exercised agreeably to the rules and regulations of the
constitution, and the laws of the land, and not other-
wise.

COMMONWEALTH OF MASSACHUSETTS. 21

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

Vni. The power of pardoning offences, except such ^u^^c^^jfy *^
as persons may be convicted of before the senate by an pardon offeuces,

1 »/ ^ exc6pi, 6tC.

impeachment of the house, shall be in the governor, by
and with the advice of council ; but no charter of par-
don, granted by the governor, with advice of the council
before conviction, shall avail the party pleading the same, But not before

..,,, T 1 !• ^ • conviction.

notwithstanding any general or particular expressions con- 109 Mass. 323.
tained therein, descriptive of the ofience or ofiences in-
tended to be pardoned.

IX, All iudicial officers, fthe attorney-general, 1 the Judicial offi-

,^ *'cr^-^j cers etc. how

solicitor-general, [all sherifls,] coroners, [and registers of nominated and
probate,] shall be nominated and appointed by the gov- Fo?°proviJion8
ernor, by and with the advice and consent of the council ; of lttoln'ey°"
and every such nomination shall be made by the oovernor, general, see

•J , , "^ P' amendments,

and made at least seven days prior to such appointment. Art.xvii.

For provision as to election of sheriffs, registers of probate, etc., see amendments, Art.
XIX. For provision as to appointment of notaries public, see amendments, Art. IV.

X. The captains and subalterns of the militia shall be Miiitia officers,
elected by the written votes of the train-band and alarm Limitatioi"of
list of their respective companies, [of twenty-one years b|Vm^Jid5°"'
of age and upwards ;] the field officers of regiments shall ments, Art. v.
be elected by the written votes of the captains and subal-
terns of their respective regiments ; the brigadiers shall be
elected, in like manner, by the field officers of their respec-
tive brigades ; and such officers, so elected, shall be com- Howcommis-
missioned by the governor, who shall determine their rank. ^^°'^^ '

The lemslature shall, by standing laws, direct the time Election of

. o ■' officers,

and manner of convening the electors, and of collect-
ing votes, and of certifying to the governor, the officers
elected.

The major-generals shall be appointed by the senate and ^ow^alfpoTted'
house of representatives, each having a negative upon the g^gng^'"™'^'
other ; and be commissioned by the governor.

For provisions as to appointment of a commissary-general, see amendments. Art. IV.

And if the electors of brigadiers, field officers, captains vacancies, how
or subalterns, shall neglect or refuse to make such elec- etc! ''"^^^^

22

CONSTITUTION OF THE

Officers duly
commissioned,
how removed.
Superseded by
amendments,
Art. IV.

Adjutants, etc.,
how appointed.

Army officers,
how appointed.

Organization of

militia.

Money, how
drawn from the
treasury, ex-
cept, etc.
13 Allen, 593.

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

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

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

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

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

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

XI. No moneys shall be issued out of the treasury of
this commonwealth, and disposed of (except such sums as
may be appropriated for the redemption of bills of credit
or treasurer's notes, or for the payment of interest arising
thereon) but by w^arrant under the hand of the governor
for the time being, with the advice and consent of the
council, for the necessary defence and support of the com-
monwealth ; and for the protection and preservation of
the inhabitants thereof, agreeably to the acts and resolves
of the general court.

XII. All public boards, the commissary-general, all
superintending officers of public magazines and stores,
belonging to this commonwealth, and all commanding
officers of forts and garrisons within the same, shall once
in every three months, officially, and without requisition,
and at other times, when required by the governor, deliver
to him an account of all goods, stores, provisions, ammu-
nition, cannon with their appendages, and small arms
with their accoutrements, and of all other public property
whatever under their care respectively ; distinguishing the
quantity, number, quality and kind of each, as particu-
larly as may be ; together with the condition of such forts
and garrisons ; and the said commanding officer shall ex-

COMMONWEALTH OF MASSACHUSETTS. 23

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

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

Xin. As the public good requires that the governor gl^v^iUr.
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 free-
dom for the benefit of the public, that he should not have
his attention necessarily diverted from that object to his
private concerns, and that he should maintain the dignity
of the commonwealth in the character of its chief magis-
trate, it is necessary that he should have an honoral)lc
stated salary, of a fixed and permanent value, amply suffi-
cient for those purposes, and established by standing laws :
and it shall be among the first acts of the general court,
after the commencement of this constitution, to establish
such salary by law accordingly.

Permanent and honorable salaries shall also be estab- fjccw^gCpr^me
lished by law for the justices of the supreme judicial court, judicial court.

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

CHAPTER II.

Sectiox II.
Lieutenant- Governor.

Article I. There shall be annually elected a lieuten- Lieutenant-
ant-governor of the commonwealth of Massachusetts, ^°^e"nd\;uaufl.
whose title shall be — His Honor; and who shall be <=='''°"?- ^f«
qualified, in pomt ot [religion, J^propertyjand residence Art^vii. and
in the commonwealth, in the same manner with the gov-
ernor ; and the day and manner of his election, and the
qualifications of the electors, shall be the same as are
required in the election of a governor. The return of
the votes for this officer, and the declaration of his election,
shall be in the same manner; [and if no one person shall How chosen.
be found to have a majority of all the votes returned, the Election by
\racancy shall be filled by the senate and house of repre- •''""■"''^^ p*"**"

24

CONSTITUTION OF THE

vided for by
araeudnients,
Art. XIV.

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

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

sentatives, in the same manner as the governor is to be
elected, in case no one person shall have a majority of the
votes of the people to be governor.]

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

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

Council.
Number of
couucillors
changed to
eigbt.

See amend-
ments, Art.
XVI.

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

Superseded by
amendments,
Art. XVI.

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

CHAPTER II.

Section III.

Council, and the Manner of settling Elections hi/ tJie Legis-
lature.

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

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

COMMONWEALTH OF MASSACHUSETTS. 25

HI. The councillors, in the civil arrangements of the Rank of
commonwealth, shall have rank next after the lieutenant- '=°"°'='"o'^
governor.

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

Superseded by amendments, Art. XVI.

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

house of the legislature ; and any member of the council
may insert his opinion, contrary to the resolution of the
majority.

VI. Whenever the oflSce of the governor and lieuten- council to exer.
ant-governor shall be vacant, by reason of death, absence, o/governorfa
or otherwise, then the council, or the major part of them, case, etc,
shall, during such vacancy, have full power and authority

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

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

from day to day until the same shall be completed. And gu'^ersedeTb'
the order of elections shall be as follows : the vacancies in amendments,
the senate, if any, shall first be filled up ; the governor xxv.
and lieutenant-governor shall then be elected, })rovided
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, Treasurer, Commissary, etc.

Article I. [The secretary, treasurer and receiver- secretary, etc.,
general, and the commissary-general, notaries public, and] how ch^JJT.'^
naval officers, shall be chosen annually, by joint ballot of 1^°^,?;;°^!,^'°'/^^
the senators and representatives in one room. And, that secretary, treas-
the citizens of this commonwealth may be assured, from ceiveV-generai,
time to time, that the moneys remaining in the public atlor'^ney-'genf"
treasury, upon the settlement and liquidation of the pub- mentsfiUu*'"'*'
lie accounts, are their property, no man shall be eligible ^vii.

26

CONSTITUTION OF THE

Treasurer in-
eligible for more
than live suc-
cessive years.

Secretary to
lieep records ;
to attend llio
governor and
council, etc.

as treasurer and receiver-general more than five years suc-
cessively.

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

II. The records of the commonwealth shall be kept in
the office of the secretary, who may appoint his deputies,
for whose conduct he shall be accountable ; and he shall
attend the governor and council, the senate and house of
representatives, in person, or by his deputies, as they shall
respectively require.

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

Justices of su-
preme judicial
court to give
opinions when
required.
122 Mass. 600.
126 Mass. 507,
561.

Justices of tlie
peace; tenure
of their office.
3 Cash. 5S4.

Provisions for

holding probate

courts.

12 Gray, 147.

CHAPTER III.

JUDICIARY POWER.

Article I. The tenure, that all commission oflScers
shall by law have in their offices, shall be expressed in
their respective commissions. All judicial officers, duly
appointed, commissioned, and sworn, shall hold their offices
during good behavior, excepting such concerning whom
there is diflferent provision made in this constitution :
provided, nevertheless, the governor, with consent of the
council, may remove them upon the address of both houses
of the legislature.

II. Each branch of the legislature, as well as the
governor and council, shall have authority to require the
opinions of the justices of the supreme judicial court,
upon important questions of law, and upon solemn
occasions.

III. In order that the people may not suffer from the
long continuance in place of any justice of the peace wdio
shall fail of discharging the important duties of his office
with al)ility or fidelity, all commissions of justices of the
peace shall expire and become void, in the term of seven
years from their respective dates ; and, upon the expira-
tion of any commission, the same may, if necessary, be
renewed, or another person appointed, as shall most con-
duce to the well-being of the commonwealth.

lY. The judges of probate of wills, and for granting
letters of administration, shall hold their courts at such
place or places, on fixed days, as the convenience of the
people shall require ; and the legislature shall, from time
to time, hereafter, appoint such times and places ; until
which appointments, the said courts shall be holden at
the times and places which the respective judges shall
direct.

COMMONWEALTH OF MASSACHUSETTS. 27

Y. All causes of marriage, divorce, and alimony, and ^voli''e^'"and aii-
all appeals from the judges of probate, shall be heard and mony. '
determined by the governor and council, until the legis- visions made
lature shall, by law, make other provision. lobulm.z-ii.

116 Mass. 317.

CHAPTEK IV.

DELEGATES TO CONGRESS.

[The delegates of this commonwealth to the congress of Delegates to
the United States, shall, some time in the month of June, *'°°^''®®^"
annually, be elected by the joint ballot of the senate and
house of representatives, assembled together in one room ;
to serve in congress for one year, to commence on the first
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 Avithin the year, and others chosen and com-
missioned, in the same manner, in their stead.]

CHAPTER V.

THE UNIVERSITY AT CAMBRIDGE AND ENCOURAGEMENT OF
LITERATURE, ETC.

Section I.

The University.

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

28 CONSTITUTION OF THE

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

II. And whereas there have been at sundry times, by
divers persons, gifts, grants, devises of houses, lands, tene-
ments, goods, chattels, legacies, and conveyances, hereto-
fore made, either to Harvard College in Camljridge, in
New England, or to the president and fellows of Harvard
College, or to the said college by some other description,
under several charters, successively ; it is declared, that

All gifts, grants, ;||1 the Said gifts, grauts, devises, legacies, and convey-

stc, confirmed. 11^ r- ij.^.] -li.

ances, are hereby forever confirmed unto the presufent
and fellows of Harvard College, and to their successors
in the capacity aforesaid, according to the true intent and
meaning of the donor or donors, grantor or grantors,
devisor or devisors.

III. And whereas, by an act of the general court of
the colony of Massachusetts Bay, passed in the year one
thousand six hundred and forty-two, the governor and
deputy-governor, for the time being, and all the magis-
trates of that jurisdiction, were, with the president, and
a number of the clergy in the said act described, consti-
tuted the overseers of Harvard College ; and it being
necessary, in this new constitution of government to

■Who shall be asccrtaiu who shall be deemed successors to the said gov-
o\erBeeis. emor, dcputy-govemor, and magistrates ; it is declared,
1851^224?***' that the governor, lieutenant-governor, council, and senate
Is^'fn ^^ ^^^^^ commonwealth, are, and shall be deemed, their

1865,' 173! successors, who, wnth the president of Harvard College,

' ''' for the time being, toiiether with the ministers of the con-

gregational churches in the towns of Cambridge, Water-
town, Charlestown, Boston, Roxbury, and Dorchester,
mentioned in the said act, shall be, and hereby are, vested
with all the powers and authority belonging, or in any
way appertaining to the overseers of Harvard College ;
Power of altera- provided, that nothing herein shall be construed to pre-

tion reserved to ^ , ,, 1 • 1 , '^ ,1 • iji ^ 1 •

the legislature, vcut the legislature 01 this commonwealth from making
such alterations in the government of the said university,
as shall be conducive to its advantage, and the interest
of the republic of letters, in as full a manner as might
have been done by the legislature of the late Province of
the Massachusetts Bay.

COMMONWEALTH OF MASSACHUSETTS. 29

CHAPTER V.

Section H.

The Encouragement of Literature^ etc.

Wisdom and knowledge, as well as virtue, diffused gen- Duty of le-isia.
erally among the body of the people, being necessary for tures and magia-
the preservation of their rights and liberties ; and as these future periods.
depend on spreading the opportunities and advantages of visL^sLftV'™'
education in the various parts of the country, and among f^j^amend""'*'
the different orders of the people, it shall be the duty of ^^°'j^^ ^'"'••
legislatures and magistrates, in all future periods of this i2Aiion,50o-
commonwealth, to cherish the interests of literature and losMass. 94, 97.
the sciences, and all seminaries of them ; especially the
university at Cambridge, public schools and grammar
schools in the towns ; to encourage private societies and
public institutions, rewards and immunities, for the pro-
motion of agriculture, arts, sciences, commerce, trades,
manufactures, and a natural history of the country ; to
countenance and inculcate the principles of humanity and
general benevolence, public and private charity, industry
and frugality, honesty and punctuality in their dealings ;
sincerity, good humor, and all social affections, and gen-
erous sentiments, among the people.

CHAPTER VI.

OATHS AND SUBSCRIPTIONS ; INCOMPATIBILITY OF AND EXCLU-
SION FROM OFFICES; PECUNIARY QUALIFICATIONS; COMMIS-
SIONS; WRITS; CONFIRMATION OF LAWS; HABEAS CORPUS;
THE ENACTING STYLE; CONTINUANCE OF OFFICERS; PROVI-
SION FOR A FUTURE REVISAL OF THE CONSTITUTION, ETC.

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

" I, A. B., do declare, that I believe the Christian reli- AboUshed See

,' , . amendments,

gion, and have a hrm persuasion 01 its truth ; and that I Art. vii.
am seised and possessed, in my own right, of the property
required by the constitution, as one qualification for the
office or place to which I am elected."

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

30

CONSTITUTION OF THE

Declaration and
oaths of all
officers.

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

Oalh of oflice.

Proviso.
Bee amend-
ments, Art. VI.

ence of the two houses of assembly ; and the senators and
representatives, first elected under this constitution, before
the president and five of the council of the former consti-
tution ; and forever afterwards before the governor and
council for the time being.]

And every person chosen to either of the places or
oflSces aforesaid, as also any person appointed or commis-
sioned to any judicial, executive, military, or other office
under the government, shall, before he enters on the dis-
charge of the business of his place or office, take and sul)-
scribe the following declaration, and oaths or affirmations,
viz. :

[" I, A. B. , do truly and sincerely acknowledge, profess,
testify, and declare, that the Commonwealth of Massachu-
setts is, and of right ought to be, a free, sovereign, and
independent state ; and I do swear, that I will bear true
faith and allegiance to the said commonwealth, and that I
will defend the same against traitorous conspiracies and all
hostile attempts whatsoever ; and that I do renounce and
abjure all allegiance, subjection, and obedience to the king,
queen, or government of Great Britain (as the case may
be) , and every other foreign power whatsoever ; and that no
foreign prince, person, prelate, state, or potentate, hath, or
ought to have, any jurisdiction, superiority, pre-eminence,
authority, dispensing or other power, in any matter, civil,
ecclesiastical, or spiritual, within this commouAvealth, ex-
cept 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, declaration, or affir-
mation ; and that I do make this acknowledgment, pro-
fession, 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 al)ilities and understanding, agreeably to
the rules and regulations of the constitution and the laws
of the commonwealth. So help me, God."

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

COMMONWEALTH OF MASSACHUSETTS. 31

people called Quakers, and shall decline taking the said
oath[s], he shall make his affirmation in the foregoing
form, and subscribe the same, omitting the words, [" I do
swear, ^' *' and abjure " '•'^ oath or,"" and ah juration, ^^ mih^
first oath, and in the second oath, the words] '•'' swear
and,'" and [in each of them] the w^ords " So help me,
God ; " subjoining instead thereof, " Tliis I do under the
'pains and penalties of j^erjury ."

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

II. No governor, lieutenant-governor, or judge of the Plurality of
supreme judicial court, shall hold any other office or place, elftTgoveruor,'
under the authority of this commonwealth, except such as SMamend-' "'^
hy this constitution they are admitted to hold, saving that ments, Art.
the judges of the said court may hold the offices of justices
of the i^eace 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 ])erson shall l)e capable of holdino; or exercisino; at Same subject.

■*■ . ... ^ p* 1 AlleDt 55o.

the same time, within this state, more than one of the
following offices, viz. : judge of probate — sheriff — regis-
ter of probate — or register of deeds ; and never more
than any two offices, wdiich are to be held by appointment
of the governor, or the governor and council, or the senate,
or the house of representatives, or by the election of the
people of the state at large, or of the people of any county,
military offices, and the offices of justices of the peace ex-
cepted, shall be held by one person.

No person holding the office of judge of the supreme incompatible
judicial court — secretary — attorney-general — solicitor- For°further pro-
general — treasurer or receiver-general — judge of probate iueompauwe

— commissary-oeneral — [president, professor, or instruct- offices, see
or ot Harvard College] — sherin — clerk of the house ofArt. vm.
representatives — register of probate — register of deeds vardCoiiege

— clerk of the supreme judicial court — clerk of the infe- ame^ndment^s,
rior court of common pleas — or officer of the customs, Art.xxvii.
including in this description naval officers — shall at the

32

CONSTITUTION OF THE

same time have a seat in tlie senate or house of represen-
tatives ; but their being chosen or appointed to, and accept-
ino" 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 councillor shall accept of
either of those offices or places.

And no person shall ever be admitted to hold a seat in
the leo-islature, 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 appointment.

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

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

V. All writs, issuing out of the clerk's office in any of
the courts of law, shall be in the name of the Conmion-
wealth of Massachusetts ; they shall be under the seal of
the court from whence they issue ; they shall bear test of
the first justice of the court to which they shall be returna-
ble, who is not a party, and be signed by the clerk of such
court.

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

VII. The privilege and benefit of the w^rit of habeas
Becured, except, covpus shall be cnjoj^cd in this commonwealth, in the most

free, easy, cheap, expeditious, and ample manner; and
shall not be suspended l)y the legislature, except upon the
most urgent and pressing occasions, and for a limited
time, not exceeding twelve months.

Incompatible

offices.

Bribery, etc

disqualify.

Value of money
ascertained.

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

Provisiona
respecting
commissions.

Provisions re-
epecting writs

2 Pick. 592.

3 Met. 58.
13 Gray, 74.

Continuation of
former laws,
except, etc.

1 Mass. 59.

2 Mass. 534.
8 Pick. 309, 316.
16 Pick. 107,115.
2 Met. 118.

Benefit of
haheaa corpus

COMMONWEALTH OF MASSACHUSETTS. 33

VIII. The enacting style, in making and })assing all The^enacting
acts, statutes, and laws, shall be — " Be it enacted by the
Senate and House of Representatives in General Court
assembled, and by the authority of the same."

IX. To the end there may be no failure of justice, or officers of
danger arise to the commonwealth from a change of the ineXcontinued
form of government, all officers, civil and military, hold- "°''''^'°-
ing commissions under the government and people of
Massachusetts Bay in New England, and all other officers

of the said government and people, at the time this con-
stitution shall take effect, shall have, hold, use, exercise,
and enjoy, all the powers and authority to them granted
or committed, until other persons shall be appointed in
their stead ; and all courts of law shall proceed in the
execution of the business of their respective departments ;
and all the executive and legislative officers, bodies, and
powers shall continue in full force, in the enjoyment and
exercise of all their trusts, employments, and authority;
until the general court, and the supreme and executive
officers under this constitutioi,, are designated and in-
vested with their respective trusts, powers, and authority.

X. [In order the more effectually to adhere to the Provision for
principles of the constitution, and to correct those viola- Bmmk>n.*^°°'
tions which by any means may be made therein, as well pr°Jv!sion af to
as to form such alterations as from experience shall be =i>nendment8,

i. see ainend-

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

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

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

34

CONSTITUTION OF THE

rrovision for
])reseiving and
publishing this
constitution.

XI. This form of government shall be enrolled on
parchment, and deposited in the secretary's office, and be
a part of the 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.

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

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

Proviso.

112 Mass. 200.

Qualifications of
voters for gov-
ernor, lieuten-
ant-governor,
senators and
representatives.
See amend-
ments, Arts.
XXX. and
XXXII.
11 Pick 538,540.
H Pick. 341.
14 Mass 307.
5 Met. 162,298,
591, 594.
7 Gray, 299.
122 Mass. 595,597.
124 Mass. 596.

ARTICLES OF AMENDMENT.

Article I. If any bill or resolve shall be ol)jected to,
and not approved l)y the governor ; and if the general
court shall adjourn within live days after the same shall
have been laid before the governor for his approbation,
and thereby prevent his returning it with his objections,
as provided l)y the con.'^titution, such bill or resolve shall
not become a law, nor have force as such.

Art. II. The general court shall have full power and
authority to erect and constitute municipal or city gov-
ernments, in any corporate town or towns in this com-
monwealth, and to grant to the inhabitants thereof such
powers, privileges, and immunities, not repugnant to the
constitution, as the general court shall deem necessary
or expedient for the regulation and government thereof,
and to prescribe the manner of calling and holding public
meetings of the inhabitants, in wards or otherwise, for
the election of officers under the constitution, and the
manner of returning the votes given at such meetings.
Provided, that no such government shall be erected or
constituted in any town not containing twelve thousand
inhabitants, nor unless it be with the consent, and on the
application of a majority of the inhabitants of such town,
present and voting thereon, pursuant to a vote at a meet-
ing duly warned and holden for that purpose. And pro-
vided, also, that all by-laws, made by such municipal or
city government, shall be subject, at all times, to be an-
nulled by the general court.

Art. III. Every male citizen of twenty-one years of
age and upwards, excepting paupers and persons under
guardianship, who shall have resided within the common-
wealth one year, and within the town or district in which
he may claim a right to vote, six calendar months next
preceding any election of governor, lieutenant-governor,
senators, or representatives, [and who shall have paid, by
himself, or his parent, master, or guardian, any state or
county tax, which shall, within two years next preceding

COMMONWEALTH OF MASSACHUSETTS. 35

such election, have been assessed upon him, in any town For educational
or district of this commonwealth; and also every citizen see amend- '
who shall be, by law, exempted from taxation, and who For'provi'sVon^s
shall be, in all other respects, qualified as above mentioned,] h°ave°*e'rved°in
shall have a ris^ht to vote in such election of o-overnor, theaimyor

.. ~ . ~ , navy in time or

lieutenant-governor, senators, and representatives ; and no war, see amend-
other person shall be entitled to vote in such elections. xxviii/aud

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

Art. IV. Notaries pulilic shall be appointed by the Notaries pubnc,
governor in the same manner as judicial officers are ap- and rern'ovedi"^
pointed, and shall hold their offices during seven 3^ears,
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 com- Vacancies in the
monwealth shall become vacant from any cause, during ulry^a^nd^lea's'^'
the recess of the general court, the governor, with the ThTsc'iause"'''^"
advice and consent of the council, shall nominate and s'>pe''8<'ded by

. ., - - . ' M T 1 amendments,

appoint, under such regulations as may be prescribed by Art. xvu.
law, a competent and suitable person to such vacant office,
who shall hold the same until a successor shall be appointed
by the general court.]

Whenever the exigencies of the commonwealth shall commissary.

^ o ^ general may oe

require the appointment of a commissary-o;eneral, he shall appointed, ic

• • ..^ case etc.

be nominated, appointed, and commissioned, in such man-
ner as the legislature may, b}^ law, prescribe.

All officers commissioned to command in the militia Miutia officers,
may be removed from office in such manner as the legis- ^°^ removed.
lature may, by law, prescribe.

Art. V. In the elections of captains and subalterns who may vote
of the militia, all the members of their respective compa- lubaiterns".^ '*'^*'
nies, as well those under as those above the age of twxnty-
one years, shall have a right to vote.

Art. VI. Instead of the oath of allegiance prescribed b^a'ii'officers^"
by the constitution, the following oath shall be taken and See const.,

Gil. VI .Art I

subscribed by every person chosen or appointed to any
office, civil or military, under the government of this
commonwealth, before he shall enter on the duties of his
office, to wit : —

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

Provided, That when any person shall be of the denomi- Proviso. Qua-
nation called Quakers, and shall decline taking said oath, ^^^'^'^^^ ""*

36 CONSTITUTION OF THE

he shall make his affirmation in the foregoing form, omit-
ting the word " swear" and inserting, instead thereof, the
word "affirm," and omitting the words " So help me, God,"
and subjoining, instead thereof, the words, "This I do
under the pains and penalties of perjury."
Tests abolished, j^j^j, yn ^q oath, declaration, or subscription, except-
ing the oath prescribed in the preceding article, and the
oath of office, shall be required of the governor, lieutenant-
governor , councillors, senators, or representatives, to qualify
them to perform the duties of their respective offices.
ofoZef """^ Art. VIII. No judge of any court of this common-
600.^^**'^^' wealth, (except the court of sessions,) and no person
123 Mass. 535. holding any office under the authority of the United
States, (postmasters excepted,) shall, at the same time,
hold the office of governor, lieutenant-governor, or coun-
cillor, or have a seat in the senate or house of representa-
tives of this commonwealth ; and no judge of any court in
this commonwealth, (except the court of sessions,) nor
the attorney-general, solicitor-general, county attorney,
clerk of any court, sheriff, treasurer, and receiver-general,
register of probate, nor register of deeds, shall continue
to hold his said office after being elected a member of the
Congress of the United States, and accepting that trust ;
hut the acceptance of such trust, by any of the officers
aforesaid, shall be deemed and taken to be a resignation
of his said office ; and judges of the courts of common
pleas shall hold no other office under the government of
this commonwealth, the office of justice of the peace and
militia offices excepted.
^M^uunion'* ^° Art. IX. If, at any time hereafter, any specific and
how made. particular amendment or amendments to the constitution
be proposed in the general court, and agreed to by a ma-
jority of the senators and two-thirds of the members of
the house of representatives present and voting thereon,
such proposed amendment or amendments shall be entered
on the journals of the two houses, with the yeas and nays
taken thereon, and referred to the general court then next
to be chosen, and shall be published ; and if, in the general
court next chosen as aforesaid, such proposed amendment
or amendments shall be agreed to by a majority of the
senators and two-thirds of the members of the house of
representatives present and voting thereon, then it shall
be the duty of the general court to submit such proposed
amendment or amendments to the people ; and if they
shall be approved and ratified by a majority of the quali-

COMMONWEALTH OF MASSACHUSETTS. 37

fied voters, voting thereon, at meetings legally warned and
Iiolden for that purpose, they shall become part of the
constitution of this commonwealth.

Art. X. The political year shall l)egin on the first of°i?ouucaiyeTr!
Wednesday of January, instead of the last Wednesday of
May ; and the general court shall assemble every year on
the said first Wednesday of January, and shall proceed, at
that session, to make all the elections, and do all the other
acts, which are by the constitution required to be made and
done at the session which has heretofore commenced on the
last Wednesday of May. And the general court shall be andterminatior
dissolved on the day next preceding the first Wednesday
of January, without any proclamation or other act of the
governor. But nothing herein contained shall prevent
the general court from assembling at such other times as
they shall judge necessary, or when called together by the
governor. The governor, lieutenant-governor and coun-
cillors, shall also hold their respective offices for one year
next following the first AVednesday of January, and until
others are chosen and qualified in their stead.

FThe meetino; for the choice of o-overnor, lieutenant- Meetings for the

L O •1111111 choice of gov.

governor, senators, and representatives, shall be held on emor, ueuten.
the second INIonday of November in every year ; but meet- etc.fwhen to be
ings may be adjourned, if necessary, for the choice of Thfs clause
representatives, to the next da}^, and again to the next aXn'dmemsf
succeeding day, but no further. But in case a second ^"-^v.
meeting shall be necessary for the choice of representa-
tives, such meetings shall be held on the fourth jNIonday
of the same month of November.]

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

This article shall go into operation on the first day of f^^^ll'^^^^. '°
October, next following the day when the same shall be tion.
duly ratified and adopted as an amendment of the consti-
tution ; and the governor, lieutenant-governor, councillors,
senators, representatives, and all other state officers, who
are annually chosen, and who shall be chosen for the cur-
rent year, when the same shall go into operation, shall
hold their respective offices until the first Wednesday of
January then next following, and until others are chosen
and qualified in their stead, and no longer; and the first

38

CONSTITUTION OF THE.

InconsiBtent

provisions

annulled.

Religious
freedom
estalilished.
See Dec. of
Rights, ArU
III.

122 Mass. 40, 41.

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

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, incon-
sistent with the provisions herein contained, are hereby
wholly annulled.

Art. XI. Instead of the third article of the bill of
riirhts, the following modification and amendment thereof
is substituted : —

" As the public worship of God and instructions in
piety, religion, and morality, promote the happiness and
prosperity of a people, and the security of a republican
government; therefore, the several religious societies of
this commonwealth, whether corporate or unincorporate,
at any meeting legally warned and holden for that pur-
pose, shall ever have the right to elect their pastors or
religious teachers, to contract with them for their support,
to raise money for erecting and repairing houses for public
worship, for the maintenance of religious instruction, and
for the payment of necessary expenses ; and all persons
belonging to any religious society shall be taken and held
to be members, until they shall file with the clerk of such
society a written notice, declaring the dissolution of their
membership, and thenceforth shall not be liable for any
grant or contract which may be thereafter made, or entered
into by such society ; and all religious sects and denomi-
nations, demeaning themselves peaceably, and as good citi-
zens of the commonwealth, shall be equally under the
protection of the law ; and no subordination of any one
sect or denomination to another shall ever be established
by law."

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

COMMONWEALTH OF MASSACHUSETTS. 39

and fifty ratable polls in addition to the first three hun-
dred, one representative more.

Any town having less than three hundred ratable polls Towns ha\nng
shall be represented thus : The whole number of ratable rrtlbiepoiis,
polls, at the last preceding decennial census of polls, shall ^o^^^ represent.
be multiplied by ten, and the product divided by three
hundred ; and such town may elect one representative as
many years within ten years, as three hundred is contained
in the product aforesaid.

Any city or town having ratable polls enough to elect ^^^^Hl'^i'^^^'^
one or more representatives, with any number of polls
beyond the necessary number, may be represented, as to
that surplus number, l)y multiplying such surplus number
by ten and dividing the product by four hundred and fifty ;
and such city or town may elect one additional represen-
tative as many years, within the ten years, as four hundred
and fifty is contained in the product aforesaid.

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

S J 1' • -J n j\ 1 ^ 1^ i unite into repre-

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

The governor and council shall ascertain and determine. The governor
within the months of July and August, in the year of our d"terraine\he
Lord one thousand eight hundred and thirty-seven, accord- re"entativ4'^tr
ing to the foregoing principles, the number of representa- to wn'^is'' en titled
tives, which each city, town, and representative district is
entitled to elect, and the number of years, within the
period of ten years then next ensuing, that each city,
town, and representative district may elect an additional
representative ; and where any town has not a sufficient
number of polls to elect a representative each year, then,
how many years within the ten years, such town may elect
a representative ; and the same shall be done once in ten New apportion.
years, thereafter, by the governor and council, and the "uTeSn°e''ve^'*'*^
number of ratable polls in each decennial census of polls, 'en years.
shall determine the number of representatives, which each
city, town and representative district may elect as afore-
said ; and when the number of representatives to be elected

40

COXSTITUTIOX OF THE

Inconsistent

provisions

iiunulled.

Census of inhab-
itants tobc taken
in 1S40, and de-
cennially there-
after, for basis
of representa-
tion.

Provisions as to
census super-
seded by aiuend-
menls, Arts.
XXI. and XXII.
Senatorial dis-
tricts declared
permanent
Provisions as to
senators super-
seded by amend-
ments, Art.
XXII.

House of repre-
eeuiatives, how
apportioned.
Provisions as to
representatives
superseded by
amendments.
Art. XXI.

Small towns
how repre-
sented.

Towns may
unite into repre-
sentative dis-
tricts.

by each city, town, or representative district is asceitainetl
and determined as aforesaid, tlie governor shall cause the
same to be {niblished forthwith for the information of the
people, and that number shall remain tixed and unalterable
for the period of ten years.

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

Art. Xlll. [A census of the inhabitants of each city
and town, on the tirst day of May, shall be taken, and
returned into the secretary's office, on or before the last
day of June, of the year one thousand eight hundred and
forty, and of every tenth year thereafter; which census
shall determine the apportionment of senators and repre-
sentatives for the term of ten years. i>2 Mass. 595.

The several senatorial districts now existing shall be
permanent. The senate shall consist of forty members;
and in the year one thousand eight hundred and forty,
and every tenth year thereafter, the governor and council
shall assign the number of senators to be chosen in each
district, according to the number of inhabitants in the
same. But, in all cases, at least one senator shall be
assigned to each district.

The members of the house of representatives shall be
apportioned in the following manner : Every town or city
containing twelve hundred inhabitants may elect one rep-
resentative ; and two thousand four hundred inhabitants
shall be the mean increasing number, which shall entitle
it to an additional representative.

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

Any two or more of the several towns may, by consent
of a majority of the legal voters present at a legal meet-
ing, in each of said towns, respectively, called for that
purpose, and held before the first day of August, in the
year one thousand eight hundred and forty, and every
tenth year thereafter, form themselves into a representa-
tive district, to continue for the term of ten years ; and
such district shall have all the rights, in regard to repre-
sentation, which would belous: to a town containinsf the
same number ot inhabitants.

COMMONWEALTH OF MASSACHUSETTS. 41

The number of inhabitants which shall entitle a town Basis ot repre.

. , , . . eentation, and

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

In the year of each decennial census, the governor and Ja^'dc^o^ucTto
council shall, before the lirst day of September, apportion apportioutbe

' . I'll 'J. J. 1 number of lep-

the number oi representatives which each city, town, and resentatives of
representative district is entitled to elect, and ascertain fn ever^t'eu"''^
how many years, within ten years, any town may elect a y*"^""*'
representative, which is not entitled to elect one every
year ; and the governor shall cause the same to be pub-
lished forthwith.

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

No possession of a freehold, or of any other estate, shall JuSa^tion^r
be required as a qualification for holding a seat in either a seat in general

•'^ 1 I . , ~ . .. court or council

branch of the general court, or in the executive council, not required.

Art. XIV. In all elections of civil officers by the peo- Elections by tha
pie of this commonwealth, whose election is provided for pfur^auty of^ ^^
by the constitution, the person having the highest number "^'°^'^''-
of votes shall be deemed and declared to be elected.

Art. XV. The meeting for the choice of governor, Time of annual
lieutenant-governor, senators, and representatives, shall emor and legis.
be held on the Tuesday next after the first Monday in '''''''■^*
November, annually ; but in case of a failure to elect repre-
sentatives on that day, a second meeting shall be holden,
for that purpose, on the fourth Monday of the same month
of November.

42

CONSTITUTION OF THE

Eight council,
lors to be chosen
by the people.
122 Mass. 595,
598.

Legislature to
district state.

Eligibility
defined.

Day and manner
of election, etc.

Vacancies, how-
filled.

For new pro-
vision as to
vacancies, see
amendments,
XXV.

Oi'ganization of
the government.

Art. XVI. Eight councillors shall be annually chosen
by the inhabitants of this commonwealth, qualitied to vote
for governor. The election of councillors shall be deter-
mined by the same rule that is required in the election of
governor. The legislature, at its first session after this
amendment shall have been adopted, and at its first ses-
sion after the next state census shall have been taken,
and at its first session after each decennial state census
thereafterwards, shall divide the commonwealth into eight
districts of contiguous territory, each containing a number
of inhabitants as nearly equal as practicable, without divid-
ing any tow^n or ward of a city, and each entitled to elect
one councillor '.provided, however, that if, at any time, the
constitution shall provide for the division of the common-
wealth into forty senatorial districts, then the legislature
shall so arrange the councillor districts, that each district
shall consist of five contiguous senatorial districts, as
they shall be, from time to time, established by the legisla-
ture. No person shall be eligible to the ofiice of council
lor who has not been an inhabitant of the commonwealth
for the term of five years immediately preceding his elec-
tion. The day and manner of the election, the return of
the votes, and the declaration of the said elections, shall
be the same as are required in the election of governor.
[Whenever there shall be a failure to elect the full num-
ber of councillors, the vacancies shall be filled in the same
manner as is required for filling vacancies in the senate ;
and vacancies occasioned by death, removal from the state,
or otherwise, shall be filled in like manner, as soon as may
be, after such vacancies shall have happened.] And that
there may be no delay in the organization of the govern-
ment on the first Wednesday of January, the governor,
with at least five councillors for the time being, shall, as
soon as may be, examine the returned copies of the records
for the election of governor, lieutenant-governor, and coun-
cillors ; and ten days before the said first Wednesday in
January he shall issue his summons to such persons as
appear to be chosen, to attend on that day to be qualified
accordingly ; and the secretary shall lay the returns before
the senate and house of representatives on the said first
Wednesday in January, to be by them examined ; and in
case of the election of either of said officers, the choice
shall be by them declared and published ; but in case
there shall be no election of either of said officers, the
legislature shall proceed to fill such vacancies in the

COMMONWEALTH OF MASSACHUSETTS. 43

manner provided in the constitution for the choice of such
officers.

Art. XVII. The secretary, treasurer and receiver- Election of
general, auditor, and attorney-general, shall be chosen u'rerfauditorT^'
annually, on the day in November prescribed for the genera\°byThe
choice of governor ; and each person then chosen as such, people.
duly qualified in other respects, shall hold his office for
the term of one year from the third Wednesday in Jan-
uary next thereafter, and until another is chosen and
qualified in his stead. The qualification of the voters,
the manner of the election, the return of the votes, and
the declaration of the election, shall be such as are required
in the election of o-overnor. In case of a failure to elect yacancies, how
either of said officers on the day in November aforesaid,
or in case of the decease, in the mean time, of the person
elected as such, such officer shall be chosen on or before
the third Wednesday in January next thereafter, from
the two persons who had the highest number of votes for
said offices on the day in November aforesaid, by joint
ballot of the senators and representatives, in one room ;
and in case the office of secretary, or treasurer and receiver-
general, or auditor, or attorney-general, shall become va-
cant, from any cause, during an annual or special session
of the general court, such vacancy shall in like manner
be filled by choice from the people at large ; but if such
vacancy shall occur at any other time, it shall be supplied
by the governor by appointment, with the advice and con-
sent of the council. The person so chosen or appointed,
duly qualified in other respects, shall hold his office until
his successor is chosen and duly qualified in his stead.
In case any person chosen or appointed to either of the To qualify with
offices aforesaid, shall neglect, for the space of ten days o'theAv^isT^office
after he could otherwise enter upon his duties, to qualify vacant.'^'^™^'^
himself in all respects to enter upon the discharge of such
duties, the office to which he has been elected or appointed
shall be deemed vacant. No person shall be eligible to Qualification
either of said offices unless he shall have been an inhabit- '"^'i"*®"®*
ant of this commonwealth five years next preceding his
election or appointment.

Art. XVIII. All moneys raised by taxation in the School moneys
towns and cities for the support of public schools, and piied°forBma.
all moneys which may be appropriated by the state for FOTorig'inar
the support of common schools, shall be applied to, and pio^-ision as to

^1 ' 11 ' schools, see

expended in, no other schools than those which are con- constitution,

• Piirt First Art

ducted according to law, under the order and superintend- lii.

44

CONSTITUTION OF THE

12 Allen, 500,

508.

103 Mass. 94, 96.

Legislature to
prescribe for
the election of
sheriffs, regis,
ters of probate,
etc.

See amend-
ments.

Art. XXXVI.
8 Gray, 1.
13 Gray, 74.

Reading consti-
tution in English
and writing,
necessary quali-
fications of
voters.
Proviso.
For other quali-
fications, see
amendments,
Art. III.
See also amend-
ments, Art.
XXIII., which
was annulled by
amendments.
Art. XXVI.

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

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

ence of the authorities of the town or city in which the
money is to be expended ; and such moneys shall never
be appropriated to any religious sect for the maintenance,
exclusively, of its own school.

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

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

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

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

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

COMMONWEALTH OF MASSACHUSETTS. 45

and it shall be the duty of the secretary of the common- secretary shaii

wealth, to certify, as soon as may be after it is determined authorised to*"^*

by the legislature, the number of representatives to which ^'""'^^ '=°''°'''''

each county shall be entitled, to the board authorized to

divide each county into representative districts. The

mayor and aldermen of the city of Boston, the county

commissioners of other counties than Suffolk, — or in lieu

of the mayor and aldermen of the city of Boston, or of the

county commissioners in each county other than Suffolk,

such board of special commissioners in each county, to

be elected by the people of the county, or of the towns

therein, as may fof that purpose be provided by law, — •

shall, on the first Tuesday of August next after each Meeting for

' •/ o division to 09

assignment of representatives to each county, assemble at first Tuesday
a shire town of their respective counties, and proceed, as Proceedings,
soon as may be, to divide the same into representative
districts of contiguous territory, so as to apportion the
representation assigned to each county equally, as nearly
as may be, according to the relative number of legal voters
in the several districts of each county ; and such districts
shall be so formed that no town or ward of a city shall
be divided therefor, nor shall any district be made which
shall be entitled to elect more than three representatives.
Every representative, for one year at least next preceding Quaiiflcations of
his election, shall have been an inhabitant of the district i22Mal°.'595r*
for which he is chosen, and shall cease to represent such ^^^*
district w^ien he shall cease to be an inhabitant of the
commonwealth. The districts in each county shall be Districts to be
numbered by the board creating the same, and a descrip- de^ribe'dknd
tion of each, wnth the numbers thereof and the number of '^®''"'^'^'*'
legal voters therein, shall be returned by the board, to the
secretary of the commonwealth, the county treasurer of
each county, and to the clerk of every town in each dis-
trict, to be filed and kept in their respective offices. The
manner of calling and conducting the meetings for the
choice of representatives, and of ascertaining their elec-
tion, shall be prescribed by law. [Not less than one Quorum, see
hundred members of the house of representatives shall ArtTxxxiii.
constitute a quorum for doing business ; but a less num-
ber may organize temporarily, adjourn from day to day,
and compel the attendance of absent members.]

Art. XXn. A census of the legal voters of each city census, etc.
and town, on the first day of May, shall be taken and
returned into the office of the secretary of the common-
wealth, on or before the last day of June, in the year one

46

CONSTITUTION OF THE

Voters to be
basis of appor-
tionment of
senators.

Senate to consist
of forty mem-
bers.

Senatorial
districts, etc.

See amend-
ments, Art.
XXIV.

Qualifications
of senators.

Quorum, see
amendments.
Art. XXXIII.

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

Vacancies in the
senate.

Vacancies in the
council.

thousand eight hundred and fifty-seven ; and a census of
the inhabitants of each city and town, in the year one
thousand eight hundred and sixty-five, and of every tenth
year thereafter. In the census aforesaid, a special enu-
meration shall be made of the legal voters, and in each
city said enumeration shall specify the number of such
legal voters aforesaid, residing in each ward of such city.
The enumeration aforesaid shall determine the apportion-
ment of senators for the periods between the taking of the
census. The senate sliall consist of forty members. The
general court shall, at its first session after each next pre-
ceding special enumeration, divide the commonwealth into
forty districts of adjacent territory, each district to contain,
as nearly as may be, an equal number of legal voters, ac-
cording to the enumeration aforesaid : provided, hou'ever,
that no town or ward of a city shall be divided therefor ;
and such districts shall be formed, as nearly as may be,
without uniting two counties, or parts of two or more
counties, into one district. Each district shall elect one
senator, who shall have been an inhabitant of this com-
monwealth five years at least immediately preceding his
election, and at the time of his election shall be an inhab-
itant of the district for which he is chosen; and he shall
cease to represent such senatorial district when he shall
cease to be an inhabitant of the commonwealth. [Not less
than sixteen senators shall constitute a quorum for doing
business ; but a less number may organize temporarily,
adjourn from day to day, and compel the attendance of
absent members.]

Art. XXIII. [No person of foreign birth shall be en-
titled to vote, or shall be eligible to oflice, unless he shall
have resided within the jurisdiction of the United States
for two years subsequent to his naturalization, and shall
be otherwise qualified, according to the constitution and
laws of this commonwealth : provided, that this amend-
ment shall not affect the rights which any person of foreign
birth possessed at the time of the adoption thereof; and,
provided, further, that it shall not aflect the rights of any
child of a citizen of the United States, born during the
temporary al3sence of the parent therefrom. ]

Art. XXIV. Any vacancy in the senate shall be filled
by election by the people of the unrepresented district,
upon the order of a majority of the senators elected.

Art. XXV. In case of a vacancy in the council, from
a failure of election, or other cause, the senate and house

COMMONWEALTH OF MASSACHUSETTS. 47

of representatives shall, by concurrent vote, choose some
eligible person from the people of the district wherein such
vacancy occurs, to fill that office. If such vacancy shall
happen when the legislature is not in session, the governor,
with the advice and consent of the council, may fill the
same by appointment of some eligible person. '

Art. XXVI. The twenty-third article of the articles Twenty-third

/• 1 j_/»ji j_'j_j_' /»j1' ^J_^ article of amend

ot amendment oi the constitution or this commonwealth, ments anuuiied.
which is as follows, to wit : " No person of foreign birth
shall be entitled to vote, or shall be eligible to ofiice, unless
he shall have resided within the jurisdiction of the United
States for two years subsequent to his naturalization, and
shall be otherwise qualified, according to the constitution
and laws of this commonwealth : provided, that this amend-
ment shall not afiect the rights which any person of foreign
birth possessed at the time of the adoption thereof; and
provided, fur tJier, that it shall not afiect the rights of any
child of a citizen of the United States, born during the
temporary absence of the parent therefrom," is hereby
wholly annulled.

Art. XXVII. So much of article two of chapter six Provisions of
of the constitution of this commonwealth as relates to vi., reiatiDg^'o
persons holding the office of president, professor, or vfJ-dToUeg^i''
instructor of Harvard College, is hereby annulled. annulled.

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

Art. XXIX. The general court shall have full power voungpre-
and authority to provide for the inhabitants of the towns
in this Commonwealth more than one place of public meet-
ing within the limits of each town for the election of of-
ficers under the constitution, and to prescribe the manner
of calling, holding and conducting such meetings. All
the provisions of the existing constitution inconsistent with
the provisions herein contained are hereby annulled.

Art. XXX. No person, otherwise qualified to vote in voters not di.> -
elections for governor, lieutenant-governor, senators, and ^^Ron^o^f change
representatives, shall, by reason of a change of residence untulbf months
within the Commonwealth, be disqualified from voting for 1^^^'^™** °'
said officers in the city or town from which he has removed
his residence, until the expiration of six calendar months
from the time of such removal.

48

CONSTITUTION OF THE

Amendments
Alt. XXVIII.
amended.

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

Provisions of
amendments,
Art. III. relative
to payment of a
ta.f as a voting
qualification,
annulled.

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

Provisions of
Art. II., § I.,
Chap. II., Part
II., relative to
property quali-
fication of
governor,
annulled.

Provisions of
Art. II., § III.,
Chap. I., rela-
tive to expense
of travelling to
the general
assembly by
members of the
house, annulled.

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

Art. XXXII. So much of article three of the Amend-
ments of the Constitution of the Commonwealth as is con-
tained in the following words : " and who shall have paid,
by himself, or his parent, master, or guardian, any state or
county tax, w^hich shall, within two years next preceding
such election, have been assessed upon him, in any towm
or district of this Commonwealth ; and also every citizen
who shall be, by law, exempted from taxation, and who
shall be, in all other respects, qualified as above men-
tioned ", is hereby annulled.

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

Art. XXXIV. So much of article two of section one
of chapter two of part the second of the Constitution of
the Commonwealth as is contained in the following words :
" and unless he shall at the same time, be seized in his
own right, of a freehold within the Commonwealth of the
value of one thousand pounds ; " is hereby annulled.

Art. XXXV. So much of article two of section three
of chapter one of the Constitution of the Commonwealth
as is contained in the following words : ' ' The expenses of
travelling to the general assembly, and returning home,
once in every session, and no more, shall be paid by the
government, out of the public treasury, to every member
who shall attend as seasonably as he can, in the judgment
of the house, and does not depart without leave.", is
hereby annulled.

COMMONWEALTH OF MASSACHUSETTS. 49

Art. XXXVI. So much of article nineteen of the
articles of amendment to the Constitution of the Com-
monwealth as is contained in the following words " com-
missioners of insolvency ", is hereby annulled.

The constitution of Massachusetts was agreed upon by delegates
of the people, in convention, begun and held at Cambridge, on the
first day of September, 1779, and continued by adjournments to the
second da}- 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 conven-
tion accordingly Resolved, " That the said Constitution or Frame of
Government shall take place on the last Wednesday of October next ;
and not before, for an}^ purpose, save only for that of making elections,
agreeable to this resolution." The first legislature assembled at Bos-
ton, on the twenty-fifth day of October, 1780.

The first nine Articles of Amendment were submitted, by delegates
in convention assembled, November 15, 1820, to the people, and by
them ratified and adopted, April 9, 1821.

The tenth Article was ado])ted by the legislatures of the political
years 1829-30, and 1830-31, respectively, and was approved and rati-
fied by the people May 11, 1831.

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

The twelfth Article was adopted by the legislatures of the political
years 1835 and 1836, respectively, and was approved and ratified by
the people the fourteenth day of November, 1836.

The thirteenth Article was adopted by the legislatures of the politi-
cal years 1839 and 1840, respectively, and was approved and ratified
toy the people the sixth day of April, 1840.

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

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

60 CONSTITUTION OF MASSACHUSETTS.

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

The twenty-fourth and twenty-fifth Articles were adopted by the
legislatures of the political years 1859 and 18G0, and ratified by the
people on the seventh day of May, 1860.

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

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

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

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

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

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

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

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

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

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

INDEX TO THE CONSTITUTION.

A.

Pagt

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

removed by governor with consent of council upon, 26

Adjutant-general, appointed by the governor, ..... 22
Adjutants, to be appointed by commanding officers of regiments, . 22
Affirmations, instead of the required oaths, may be made by Qualcers, 30, 31 , 35
Agriculture, arts, commerce, etc., to be encouraged, .... 29

Alimony, divorce, etc., 27

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

stitution,

Apportionment of councillors, .24

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

Apportionment of senators, 13

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

districts,

Apportionment of representatives, IG, 39

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

sent of the legislature,

Anus, right of people to keep and to bear, for public defence.
Arrest, members of house of representatives exempted from, on
mesne process, while going to, returning from, or attend

ing the general assembly,

Arrest, search and seizure, right of, regulated, ....
warrant to contain special designation, ....
Attorney-general, to be chosen by the people annually in November, 21,
to hold office for one year from third Wednesday in January
next thereafter, and until another is chosen and qualihed

election determined by legislature,

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

votes at November election,

51

36,
41,

40,

40,

37
42
42
46

46
44
44

18
7
7

43

43
43

43

52

INDEX TO THE CONSTITUTION.

Attorney-general, vacancy occurring during session of the legisla-
ture, filled by joint ballot of legislature from tlie people
at large,

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

not eligible, unless an inliabitant of the state for five years
next preceding election or appointment, ....

office to be deemed vacant if person elected or appointed fails

to be qualified within ten days,

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

to hold office for one year from third "Wednesday in January
next thereafter, and until another is chosen and qualified,

election determined by legislature,

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

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

office to be deemed vacant if person elected or appointed fails
to be qualified within ten daj^s,

Page

43
43
43

43

44
43

43
43
43

43

43

B.

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

Bills, money, to originate in the house of representatives.

Bills and resolves, to be laid before governor for revisal, .

to have foi'ce of law if signed by governor,

if objected to by governor in Avriting, to be returned to

branch in which originated, and may be passed by two

thirds of each branch present and voting thereon bj^ yeas

and nays,

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

before that time expires,

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

Body politic, formation and nature of,

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

9
17
10

10

10

11. 34

22

3

10

32

c.

Census of ratable polls, 38

of inhabitants 40, 44, 45

of mhabitants and legal voters taken in the j'ear 1865, and

every tenth j'ear thereafter, 44, 4G

enumeration of voters to determine the apportionment of

representatives, 44

INDEX TO THE CONSTITUTION.

53

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

thereof, 34

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

elected by a plurality of votes, 41

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

force, 32

Commander-in-chief, governor to be, 20

Commerce, agriculture and the arts, to be encouraged, ... 29
Commissary-general, appointed and commissioned as fixed by law, . 25, 35
Commission officers, tenure of office to be expressed in commissions, 26
Commissioners of insolvency, elected by the people of the several

counties; annulled, 44,49

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

seal affixed, 32

Congress, delegates to, 27

members of, may not hold certain state offices, . . 36

Constitution, amendment to, proposed in the general court, agreed
to by a majority of senators and two-thii'ds of the house
present and A'oting thereon by j'eas and nays; entered
upon the journals of both houses, and referred to the next
general court; if the next general court agrees to the
proposition in the same manner and to the same eflect, it
shall be submitted to the people, and, if approved by them
by a majority vote, becomes a part of the constitution, . 36, 37

Constitution, pi-o visions for revising, 33, 36

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

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

Coroners, 21

Corruption or bribery used in procuring any appointment or elec-
tion, to disqualify from holduig any office of trust, etc., 32

Council, live members to constitute a quorum, 24

eight councillors to be elected annually, 24, 42

election to be determined by rule required in that of gover-
nor, 42

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

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

to rank next after the lieutenant-governor, .... 25
resolutions and advice to be recorded in a register, and signed

by the members present, 25

register of council may be called for by either house, . . 25
to exercise the power of governor when office of governor

and lieutenant-governor is vacant, 25

54 INDEX TO THE CONSTITUTION.

P9ge

Council, no property qualification required, 41

eight districts to be formed, eacli composed of five contiguous

senatorial districts, 42

eligible to election if an inliabitant of state for five years pre-
ceding election, 42

term of office 37

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

council, 46, 47

Court, superior, judges not to hold certain other oflices, ... 36
Court, supreme judicial, judges to have honorable salaries fixed
by standing laws, and to hold office during good be-
havior, 9, 23

judges not to hold certain otlier offices, ..... 36
to give opinions upon important questions of law, etc. , when
requu-ed by either branch of the legislature or by the

governor and council, 26

Courts, clerks of, elected by the people of the several counties, . 44

Courts, probate, provisions for holding, 26

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

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

may administer oaths or affirmations, . . . . II

Crimes and oflences, prosecutions for, regulated, .... 7

Crimes to be proved in the vicinity of where they happen, . . 7

D.

Debate, freedom of, in the legislature ...... 8

Declaration of the rights of the inhabitants 4

Declaration and oaths of officers ; tests abolished, . . . 29, 35, 36

Delegates to congress, 27

Departments, legislative, executive and judicial, to be kept separate, 9

District attorneys, elected by the people of the several districts, . 44
Districts, councillor, eight, each to be composed of five contiguous

senatorial districts, 42

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

several counties, 39, 45

Divorce, alimony, etc., 27

E.

Educational interests to be cherished, 29

Elections ought to be free, 6

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

INDEX TO THE CONSTITUTION. 55

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

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

on foiu-th Monday in November, 41

Election returns, .

Enacting style of laws, established,

Equality and natural rights of all men,

Estates, valuation to be taken anew once at least every ten years.
Executive department, not to exercise legislative or judicial powers, 9

Ex post facto laws, declared imjust and oppressive, .... 9

13, 42

33

4

12

F.

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

Fines, excessive, not to be imposed, 9

Frame of government, 10

Freedom of speech and debate in the legislature, .... 8
Freehold, possession of, not required as qualification for seat in the

general court or council, 41

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

recommended, 8

G.

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

for making laws, g

freedom of speech and debate in, 8

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

formed by two branches, a senate and house of represeTita-

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

repugnant to the constitution, H

may provide for the election or appointment of ofiicers, and

prescribe their duties, U

may impose taxes, etc., to be used for the public service, . 12
to be dissolved on the day next preceding the first Wechies-

day of January, 20, 37

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

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

56

INDEX TO THE CONSTITUTION.

Page

General court, judicial officers may be removed upon address of, . 26
person convicted of bribery, not to hold seat in, . . . 32
may increase property qualifications of persons to be elected

to office, 32

certain officers not to have seats in, 31

may be prorogued by governor and council for ninety days, if

houses disagree, etc., 20

to elect major-generals by concurrent vote, . . . . 21

empowered to charter cities, 34

to determine election of governor, lieutenant-governor and

councillors, 41, 42

to prescribe by law for election of sheriffs, registers of probate

and commissioners of insolvency by the people of the

counties, and district attorneys by the people of the

districts,

quorum, to consist of a majority of members, .

Government, objects of 3, 5,

Government by the people, as a free, sovereign and independent

state,

Governor, tlie supreme executive magistrate, st}'led, — The Gover

nor of the Commonwealth of Massachusetts; with the

title of, — His Excellency ; elected annually,

qualifications, .18

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

should have an honorable stated salary, ....

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

oblige them to go out of the limits of the state,

to appoint tlie adjutant-general,

may call togetlier the councillors at any time, .

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

to talce oaths of office before president of the senate in pres

ence of the two houses of assembly, ....

to sign all commissions,

election determined by tlie legislature, ....

veto power,

vacancy in office of, powers to be exercised by the lieutenant

governor, .........

vacancy in office of governor and lieutenant-governor, power

to be exercised by the council, .....
with advice of council, may adjourn or prorogue the legisla^

ture upon request, and convene the same, .
may adjourn or prorogue the legislature for not exceeding
ninety days wlien houses disagree, or may direct session
to be held in other than the usual place in case of an in-
fectious distemper prevailing, 19

to appoint all judicial officers, notaries public and coroners;
nominations to be made at least seven days before appoint-
ment, 21, 36

44

48
6

18

36, 48

37

23

20, 21
22
19
31

31

32

42, 43

10

24

19

INDEX TO THE CONSTITUTION. 57

Page

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

in session 47

with consent of council, may remove judicial officers, i;pon

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

quorum to consist of governor and at least five members of

the council, 19

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

H.

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

upon most urgent occasions, 32

Harvard College, powers and privileges, gifts, gi'ants and convey-
ances confirmed, 27, 28

board of overseers established, but the government of the

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

officers may be elected members of the general court, . . 47

Hereditary offices and privileges, absurd and unnatural, . . . 5,6

House of Representatives, members may be instructed by the people, 8

a representation of the people annually elected and founded

upon the principle of equality, 16

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

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

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

large upon records, 10

qualifications of members, 17,41,45

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

members not to be an'ested on mesne process during going to,

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

the grand inquest of the commonwealth, 17

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

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

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

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

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

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

58 INDEX TO THE CONSTITUTION.

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

may require tlie attendance of secretary of tlie commouwealtli

in person or by deputy, 26

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

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

first Monday of November, 41

in case of failure to elect, meeting to be held on the f om'th

Monday of November, 41

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

commissioners to Llivide counties into representative districts
of contiguous territorj^ but no town or ward of a city to
be divided, 45

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

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

I.

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

indictment, 15, 16

Incompatiljle ofllces, 31, 36

" Inhabitant," the word defined, 13

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

Insolvency, commissioners of, elected l)y the people of the several

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

Instruction of representatives, . 8

J.

Judges of courts may not hold certain other offices, . , . . 31, 86
Judges of the supreme judicial court, to hold office during good
behavior, and to have honorable salaries established by

standing laws, 9, 23, 26

to give opinions upon impoi'tant questions of law, etc., when
required by the governor and coimcil, or either branch of

legislature, 26

not to hold certain otlier offices, 31

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

may administer oaths or affirmations, II

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

INDEX TO THE CONSTITUTION. 59

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

to hold office during good behavior, except when otherwise

provided by the constitution, 26

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

of both houses of the legislature, 26

Jury, trial by, right secured, 7

Justices of the peace, commissions to expire in seven years fi'om

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

L.

Law-martial, only those employed in the army and navy, and the
militia in actual service, subject to, except by authority

of the legislature, 9

Laws, every person to have remedy in, for injury to person or prop-
erty, 6

power of suspension or execution of, only in the legislatui'e, 8

ex post facto, prohibited as unjust and inconsistent with free

government, 9

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

Legislative power, 9

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

Legislature (see General Court).

Liberty of the press, essential to the security of freedom, . . 8

Lieutenant-governor, to be annually elected in November, — title of,

His Honor; who shall be qualified same as governor, 23,37,

41, 48
in the absence of governor, to be president of the council, . 2-J
to be acting governor when the chair of the governor is

vacant, 24

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

of both houses, 31

not to hold certain other offices, 31

term of office, 37

Literature and the sciences to be encouraged, 29

M.

Magistrates and officers, accountable to the people, .... 5
Magistrates and courts, not to demand excessive bail, impose exces-
sive lines, or inflict cruel punishments, .... 9
Major-generals, elected by senate and house of representatives by

concurrent vote, 21

may appoint their aids 22

60

INDEX TO THE CONSTITUTION.

MaiTiage, divorce and alimony, 27

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

legislature, 9

Military power, subordinate to civil authority, 8

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

limits of the state, 21

captains and subalterns, elected by the train-bands, . . .21, 35

all members of companies may vote, includiug minors, . . 35

field officers, elected by captains and subalterns, . . . . 21

brigadiers, elected by field officers, 21

major-generals, elected by senate and house of representatives

by concurrent vote, 21

mode of election of officers to be fixed by standing laws, . 21
if electors refuse to elect, governor with advice of council

may appoint officers, 22

officers commissioned to command may be removed as may

be prescribed by law, 22, 35

appointment of stafi" officers, 22

organization; divisions, brigades, regiments and companies, . 22

Money, issued from treasury by warrant of governor, etc., . . 22
mentioned in the constitution, to be computed in sUver at six

shillings and eightpence per ounce, 32

Money bills, to originate in house of representatives, . . . 17
Moneys, raised or appropriated for public or common schools, not

to be applied for support of sectarian schools, ... 43

Moral obligations of lawgivers and magistrates, .... 8

Moral qualifications for office 8

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

address of both houses 35

o.

Oaths and affirmations, may be administered by courts and judica^
tories,

how and by whom taken and subscribed, .

forms of,

Quakers may affirm,

to be taken by all civil and military officers ,

Objects of government,

Ofliences and crimes, prosecutions for, regulated.

Office of trust, person convicted of briber}^ etc., not to hold,

Office, rotation in, right secured,

29, 30
29
31

11

31,35

30, 35

35,36

35

3,6

7

32

6

INDEX TO THE CONSTITUTION. 61

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

no person eligible to, unless they can read and write, . . 44
Offices, plurality of, pi'ohibited to governor, lieutenant-governor and

judges 31, 36

incompatible, 31, 32, 36

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

of, 11

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

Officers, judicial, to hold office during good behavior, except, etc., . 26
may be removed by governor, Avith consent of council, upon

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

Officers of former government, continued, 33

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

removal of, 22, 35

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

Organization of the militia, 22

P.

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

not before conviction, 21

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

have a right to keep and to bear arms for the public defence, 8
have a right to assemble to consult upon the common good,
to instruct their representatives, and to petition legisla-
ture, 8

Person and property, i-emedy for injuries to, should be in the laws, . 6

Petition, right of, 8

Plantations, unincorporated, tax-paying inhabitants may vote for

councillors and senators, 14

Pku'ality of offices, 31

of votes, election of civil officers by, 41

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

PoUs, ratable, census of, 38

Preamble to constitution, 3

Press, liberty of, essential to the security of freedom, ... 8

Private property taken for public uses, compensation to be made for, 6

Pi'obate courts, provisions for holding, 26

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

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

Property qualification, may be increased by the legislature, . . 32

partially abolished, 41

of governor, annulled, . 48

Prosecutions for crimes and ofiences regulated, .... 7

62 INDEX TO THE CONSTITUTION.

Page

Provincial laws, not repugnant to the constitution, continued In

force, 32

Public boards and certain officers to make quarterly reports to the

governor, 22

Public officers, right of people to secure rotation, .... 6
all persons having the prescribed qualifications equally eli-
gible, 6

Public notary (see Notary public).

Public religious worship, right and duty of, 4

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

Q.

Quakers, may make affirmation, 31,35

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

the legislature, ......... 32

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

Qualification, property, partially abolished, 41

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

of governor, ......... 18, 43, 48

of lieutenant-governor, 23, 43, 48

of councillors, 41,43

of senators, 15, 40, 46

of representatives, . .16,41,45

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

Quartermasters, appointed by commanding officers of regiments, . 22

Quorum, of council, 19, 24, 42

of senate, 16, 46, 48

of house of representatives, 17, 45, 48

R.

Ratable polls, census of, 38

Reading and writing, knowledge of, necessary qualifications for

voting or holding office,

Records of the commonwealth to be kept in the office of the secre

tary,

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

signed by members present,

Registers of probate, chosen by the people of the several counties.
Religious denominations, equal protection secured to all, .
Religious sect or denomination, no subordination of one to another

to be established by law,

Religious societies, may elect their own pastors or religious teachers
membership of, defined,

44

26

25

21,44

5, 38

5,38

5,38

38

INDEX TO THE CONSTITUTION. 63

Page
Eeligious worship, public, right and duty of, and protection therein, 4

support of the mhiistry, and erection and repair of houses of

worship, 4, 5, 38

Remedies by recourse to the law, to be free, complete and pi'ompt, . 6

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

Returns of votes, 13, 19, 42, 43

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

s.

Sailors and soldiers, who have served, etc., during time of war, not
disqualified from voting on account of non-paymeut of
poll tax, .......... 48

Salary, a stated and honorable salary to be established for the gov-
ernor, 23

permanent and honoral)le salaries to be established for the
justices of tlie supreme judicial court, and to be enlarged

if not sufficient, 9, 23

School moneys, not to be appropriated for sectarian schools, • . 44
Seal, great, of the commonwealth to be affixed to all commissions, . 32

Search, seizure and arrest, right of, regulated, 7

Secretary of the commonwealth, to ])e chosen by the people annually

in November, . . . • 25, 43

to hold office for one year from third Wednesday in January

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

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

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

vacancy occurring during session of the legislature, filled by

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

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

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

next preceding election or appointment, .... 43

office to be deemed vacant if person elected or appointed fails

to be qualified within ten days, 43

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

may appoint deputies, for whose conduct he shall be account-
able, 2G

to attend governor and council, senate and house, in person or

by deputies, as they shall require, 26

to attest all commissions, 32

to certify to board authorized to divide county into districts, the

number of representatives to which the county is entitled, 45

64 INDEX TO THE CONSTITUTION.

Pagt

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

Self-government, right of, asserted, 6

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

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

to be chosen annually, 13

governor and at least five councillors, to examine and count

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

theh" own members, 14

vacancy to be filled by election, by people of the district, upon

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

qualifications of a senator, 15, 41

not to adjourn more than two days at a time, .... 15
to choose its officers and establish rules, ..... 15

shall try all impeachments, 15, 17

quorum of, . . • .16, 46, 48

may punish for cei'tain ofi'euces ; trial may be Ijj' committee, . 18
may require the attendance of the secretary of the common-
wealth in person or by deputy, 26

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

solemn occasions, 26

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

resolve, at large on records, 10

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

contain, as near as may be, an equal number of voters, . 46
apportionment based upon legal voters, ..... 46
Sherifis, elected l^y the people of the several counties, . . . 21, 44
Silver, value of money mentioned iu the constitution to be computed

in silver at six shillings and eightpence per ounce, . . 32
Soldier, not to be quartered in any house, iu time of peace, without

consent of owner, 9

Soldiers and sailors, who have served in time of war, etc., not dis-
qualified from voting on account of non-payment of poll

tax, 48

Solicitor-general, 21

Standmg armies, dangerous to liberty and not to be maintained with-
out consent of the legislature, 8

State or body politic, entitled, — The Commonwealth of Massachusetts, 10
Supreme judicial court, judges to have honoi'able salaries fixed by

standing laws, and to hold ofiice during good behavior, . 9, 23
to give opinions upon important questions of law, etc., when
required l)y either branch of the legislature or by the gov-
ernor and council, 26

not to hold certain other offices, 31, 36

Sureties of bail, excessive, not to be required 9

INDEX TO THE CONSTITUTION. 65

T.

Page

Taxation should be founded on consent, 6, 8

Taxes, not to he levied witliout the consent of the people or their

representatives, 8

may l)e imposed by the legislature, 12

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

years, 12

Tenure that all commission officers shall by law have in their offices,

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

Tests abolished, 36

Title of body politic : The Commonwealth of Massachusetts, . . 10

Title of governor to be, — His Excellency, 18

Title of lieutenant-governor to be, — His Honor, .... 23
Town clerk, to make record and return of elections, .... 13
Town meetings, selectmen to preside at, ...... 13

Town representation in the legislature, 16, 39, 40

Towns, voting precincts in, 47

Travelling expenses of members, to general assembly and returning
home, once in every session, to be paid by the govern-
ment, 16

Treason and felony, no subject to be declared guilty of, l)y the

legislature, 9

Treasurer and receiver-general, to be chosen by the people annually

in November, 25, 26, 43

to hold office for one year from third Wednesday in January

next thereafter and until another is cliosen and qualitied, . 43
manner of election, etc., same as governor, .... 43
not eligible, unless an inhabitant of the state for five years

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

at November election, 43

vacancy occurring during session of the legislature, filled by

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

office to be deemed vacant if person elected or appointed fails

to be qualified within ten days, 43

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

governor, except, etc., 22

Trial by jury, right to, secured, 7

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

66 INDEX TO THE CONSTITUTION.

U.

Page
University at Cambridge, 27, 28, 47

Y.

V^acancy in office of governor, powers to be exercised by lieutenant-
governor, .... o ., ... 24

Vacancy in offices of governor and lieutenant-governor, powers to

be exercised by the council, ....... 25

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

advice of the council, 42, 47

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

order of a majority of senators elected, . . . . 15, 46
Vacancy in office of secretary, treasurer, auditor and attorney-gen-
eral, caused by decease of person elected, or failure to
elect, filled by joint ballot of legislature from the two
persons having higliest number of votes at November

election, 43

occurring during session of legislature, filled by joint ballot

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

governor, by appointment, with advice of council, . . 35, 43
Vacancy in militia office, filled by governor and council, if electors

neglect or refuse to make election, 21,22

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

least, 12

Veto power of the governor, . . . . , . . . 10
Voters, qualifications of, at elections for governor, lieutenant-gover-
nor, senators and representatives, . 13, 17, 34, 44, 46, 47, 48
not disqualified on account of non-payment of poll tax if they

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

to the several counties is made, 44

basis of apportionment of senators, 46

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

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

plurality of, to elect civil officers 41

Voting precincts in towns 47

INDEX TO THE CONSTITUTION. 67

"W.

Page
Worship, public, the right and clnty of all men, .... 4

Writ of habeas corpus, to be enjoyed in the most free, easy, cheap
and expeditious manner, and not to be suspended by
legislature, except for a limited time, .... 32

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

by the cleric, 32

Writing and reading, necessary qualifications for voting, or holding

office, 44

Y.

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

ACTS AND RESOLVES

MASSACHUSETTS.

1896.

^^ The General Coui-t of the year eighteen hundred and ninety-six
assembled on Wednesday, the fii'st day of January. The oaths of
office were taken and subscribed by His Excellency Fhederic T.
Greenhalge and His Honor Roger Wolcott on Thursday, the
second day of January, in the presence of the two Houses assembled
in convention.

ACTS.

An Act making appropriations for the compensation and (JJiaj), \,

TRAVEL OF THE MEMBERS OF THE LEGISLATURE, FOR THE C(»M-
PENSATION OF OFFICERS THEREOF, AND FOR EXPENSES IN CON-
NECTION THEREWITH.

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

Section 1. The sums hereinafter mentioned are ap- Appropriations,
propriated, to be paid out of the treasury of the Com-
monwealth from the ordinary revenue, for the purposes
specified, to wit : —

For the compensation of senators, thirty thousand seven senators,

ITT -, ,.,,, T n compensation.

hundred and hrty dollars.

For travelling expenses of senators, a sum not exceed- J/pJ^ges^
ing thirty-two hundred dollars.

For the compensation of representatives, one hundred Representa-

. A -I T/>Tii tives, compensa-

and eighty thousand seven hundred and fifty dollars. tion.

For travelling expenses of representatives, a sum not Travelling
exceeding twenty thousand dollars.

For the compensation of the chaplains of the senate and chaplains.
house of representatives, three hundred dollars each.

For the salaries of the clerks of the senate and house of hougfc^erks.
representatives, three thousand dollars each.

For the salaries of the assistant clerks of the senate and ^erksf"'
house of representatives, two thousand dollars each.

For such additional clerical assistance for the clerks of assi'^tTnce.
the senate and house of represexitatives as may be neces-
sary for the proper despatch of public business, a sum not
exceeding three thousand dollars.

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

For the salary of the first clerk in the ofiice of the ser- cierk.
geant-at-arms, twenty-two hundred dollars.

L

Acts, 1896. — Chap. 2.

Doorkeepers.

Postmaster,
messengers, etc.

Senate,
Btaiionery.

House,
stationery.

Printing and
binding, senate
and house.

Manual.

Sergeant-at-
arms, station-
ery, etc.

Senate and
house, contin-
gent expenses,
etc.

Expenses of
committees.

Witness fees,
etc.

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

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

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

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

For printing and binding ordered by the senate and
house of representatives, or by concurrent order of the
two branches, a sum not exceeding thirty thousand dol-
lars.

For printing and binding the manual of the general
court, under the direction of the clerks of the senate and
house of representatives, a sum not exceeding three
thousand dollars.

For books, stationery, postage, printing and advertis-
ing, ordered by the sergeant-at-arms, a sum not exceeding
twelve hundred dollars.

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

For authorized expenses of committees of the present
legislature, to include clerical assistance to committees
authorized to employ the same, also expenses in connection
with committee advertising, a sum not exceeding twenty-
five thousand dollars.

For expenses of summoning witnesses before com-
mittees, and for fees for such witnesses, a sum not exceed-
ing two hundred dollars.

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

Approved January 15, 1896.

Chap. 2.

Decennial cen*
8US, expenses.

An Act MAiaxG an appropriation for expenses in connection

WITH TAKING THE DECENNIAL CENSUS.

Be it enacted, etc., asfolloivs:

Section 1. The sum of fifty thousand dollars is
hereby appropriated, to be paid out of the treasury of
the Conmionwealth from the ordinary revenue, for the
payment of expenses in connection with taking the decen-

Chap. 3.

Acts, 1896. — Chap. 3.

nial census, as provided for by chapter two hundred and
twenty-four of the acts of the year eighteen hundred and
ninety-four, the same to be in addition to the amounts
heretofore appropriated for the same purpose.

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

Approved January 23, 1896.

An Act making appropriations for salaries and expenses in
the executive department of the commonwealth.

Be it enacted^ etc., asfoUoivs:

Section 1. The sums hereinafter mentioned are ap- Appropriations.
propriated, to be paid out of the treasury of the Com-
monwealth from the ordinary revenue, for the purposes
specitied, to meet expenses for the year ending on the
thirty-first day of December in the year eighteen hundred
and ninety-six, to wit : —

For the compensation of the lieutenant governor, two Lieutenant gov-

,, 1 1 11 ^ c J_^ A* •^ • J. ernor and coun-

thousand dollars ; and tor the executive council, sixty- cii, compensa-
four hundred dollars. For travelling expenses of the ^»o°>*'"=-
executive council, a sum not exceeding fifteen hundred
dollars.

For the salary of the private secretary of the governor. Private eecre-
twenty-five hundred dollars. ^'^^'

For the salary of the executive clerk of the governor Executive cierk.
and council, two thousand dollars.

For the salary of the executive stenographer, a sum not stenograpiier.
exceeding one thousand dollars.

For the salary of the executive messenger, twelve hun- Messenger.
dred dollars.

For continoent expenses of the executive department, Executive

c5i JT ' department, ex-

the sum of three thousand dollars. penses.

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

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

For postage, printing and stationery for the executive Postage, print-
council, a sum not exceeding five hundred dollars. '°^' ^ '''

For the payment of extraordinary expenses, to be ex- Extraordinary
pended under the direction of the governor and council, a ®''''^°*'^®"
sum not exceeding twenty thousand dollars.

For the preparation of tables and indexes relating to indexes, etc., to
the statutes of the present and previous years, under the *''*^"'®^-

6 Acts, 1896. — Chap. 4.

direction of the governor, a sum not exceeding five hun-
dred dollars.
Arrest of fugi- jj^or expenscs incurred in the arrest of fui>:itives from

tives from i t . i t i ii

justice. justice, a sum not exceeding two thousand doimrs.

Section 2. This act shall take efl'ect upon its passage.

Appi'oved January 27, 1896.

GliaU 4 ^^ ^^^ MAKING APPROPRIATIONS FOR SALARIES AND EXPENSES IN
THE DEPARTMENT OF THE SECRETARY OF THE COMMONWEALTH.

Be it enacted^ etc., as follows :

Appropriations. Section 1. The sums hereinafter mentioned are ap-
propriated, to be paid out of the treasury of the Com-
monwealth from the ordinary revenue, for the purposes
specified, to meet expenses for the ;year ending on the
thirty-first day of December in the 3'^ear eighteen hundred
and ninety-six, to wit : —

fom^'ensation ^^^' ^^^ Salary of the secretary of the Commonwealth,
thirty-five hundred dollars.

First clerk. j^or the Salary of the first clerk in the secretary's de-

partment, twenty-two hundred dollars.

Second clerk. Yov the Salary of the second clerk in the secretary's
department, two thousand dollars.

Third clerk. -^qy thc Salary of the third clerk in the secretary's de-

partment, eighteen hundred dollars.

Cashier. -p.^^. ^|^^ salary of the cashier in the secretary's depart-

ment, a sum not exceeding fifteen hundred dollars.

meisenge'r''s! ''°*^ ^^^ messeugei's and such additional clerical assistance
as the secretary may find necessary, a sum not exceeding
twenty-two thousand dollars.

Expenses. -p^^, incidental and contingent expenses in the depart-

ment of the secretary of the Commonwealth, a sum not
exceeding thirty-five hundred dollars.

^ate°ecwd°! °* ^^^ ^^^ arrangement and preservation of state records

«'°- and papers, under the direction of the secretary of the

Commonwealth, a sum not exceeding five thousand dollars.

^"prefLge'on ^^r postagc and expressage on documents to members

documents. Qf ^jjg general court, also for transportation of documents
to free public libraries, a sum not exceeding two thousand
dollars.

For the purchase of record inks for public records,
under the direction of the secretary, a sum not exceeding
five hundred dollars.

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

Approved January 27^ 1896.

Acts, 1896. — Chap. 5.

An Act making appropriations for salaries and expenses (JJidjy^ 5,

IN THE DEPARTMENT OF THE TREASURER AND RECEIVER GEN-
ERAL.

Be it enacted, etc. , as follows :

Section 1. The sums hereinafter mentioned are Appropriations.
appropriated, to be paid out of the treasury of the Com-
monwealth from the ordinary revenue, for the purposes
specified, to meet expenses for the year ending on the
thirty-first day of December in the year eighteen hundred
and ninety-six, to wit : —

For the salary of the treasurer and receiver general of Jomp^enTauon.
the Commonwealth, five thousand dollars.

For the salary of the first clerk in the treasurer's depart- ^''^' '='*'''^-
ment, twenty-five hundred dollars.

For the salary of the second clerk in the treasurer's second cierk.
department, two thousand dollars.

For the salary of the cashier in the treasurer's depart- Cashier.
ment, two thousand dollars.

For the salary of the third clerk in the treasurer's Tiiirdcierk.
department, fourteen hundred dollars.

For the salary of the fund clerk in the treasurer's Fundcierk.
department, fourteen hundred dollars.

For the salary of the receiving teller in the treasurer's Receiving
department, fourteen hundred dollars.

For the salary of the paying teller in the treasurer's Paying teiier.
department, fourteen hundred dollars.

For the salary of the assistant bookkeeper in the treas- Assistant book-
urer's department, twelve hundred dollars.

For such additional clerical assistance in the treasurer's Additional cieri.

T . . 1 i?j_ii j_i^iT cal assistance.

department as may be necessary tor the despatch 01 public
business, a sum not exceeding one thousand dollars.

For incidental and contingent expenses in the depart- Expenses.
ment of the treasurer and receiver general, a sum not ex-
ceeding five thousand dollars.

For clerical assistance in the ofl5ce of the treasurer and as'^is'tTnce.
receiver general, in the care and custody of deposits made
with him in trust, a sum not exceeding eighteen hundred
dollars.

For the salary of the legacy tax clerk in the treasurer's i egacy tax
department, eighteen hundred dollars.

For such expenses as the treasurer and receiver general erauegacief"
may find necessary in carrying out the provisions of the ^tc.

8

Acts, 1896. — Chap. 6.

Deputy eealer of
weighte, etc.

ExpenseB, etc.

act imposiBg a tax on collateral legacies and successions,
a sum not exceeding seven hundred and fifty dollars.

For the salary of the deputy sealer of weights, measures
and balances, twelve hundred dollars.

For travelling and other expenses of the deputy sealer
of weights, measures and balances, a sum not exceeding
five hundred dollars ; and for furnishing sets of standard
weights, measures and balances to towns not heretofore
provided therewith and to each newly incorporated town,
also to provide cities and towns with such portions of said
sets as may be necessary to make their sets complete, a
sum not exceeding six hundred dollars.

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

Approved January 27, 1896.

Chan 6 -^^ -^^^ making appropriations for salaries and expenses in

THE DEPARTMENT OF THE AUDITOR OF THE COMMONWEALTH.

Appropriations

Auditor,
compensationo
First clerli.

Second clerk.
Extra clerks.

Stenographer,
etc.

State printing
expert.

Expenses.

Be it enacted, etc., as follows :

Section 1. The sums hereinafter mentioned are ap-
propriated, to be paid out of the treasury of the Com-
monwealth from the ordinary revenue, for the purposes
specified, to meet expenses for the year ending on the
thirty-first day of December in the year eighteen hundred
and ninety-six, to wit : —

For the salary of the auditor, thirty- five hundred dollars.

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

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

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

For a stenographer, messenger, and such additional
clerical assistance as the auditor may find necessary for
the proper despatch of public business, a sum not exceed-
ing twenty-five hundred dollars.

For the compensation of a state printing expert, a sum
not exceeding one thousand dollars.

For incidental and contingent expenses in the depart-
ment of the auditor, a sum not exceeding one thousand
dollars.

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

Approved January 27y 1896.

Acts, 1896. — Chaps. 7, 8. 9

An Act making appropriations for salaries and expenses in (JJidrt. 7.

THE DEPARTMENT OF THE ATTORNEY-GENERAL OF THE COMMON-
WEALTH.

Be it enacted^ etc., as follows:

Section 1. The sums hereinafter mentioned are ap- Appropnatione.
propriated, to be paid out of the treasury of the Com-
monwealth from the ordinary revenue, to meet expenses
for the year ending on the thirty-first day of December in
the year eighteen hundred and ninety-six, to Avit : —

For the salary of the attorney-general, five thousand frarTomp^eMa-
dollars. I'on'.

For the salary of the first assistant attorney-general, First asBistant.
twenty- five hundred dollars.

For the salary of the second assistant attorney-general, asalg^a'lit.
fifteen hundred dollars.

For books, stationery, postage, printing and other nee- Expenses.
essary expenses in the department of the attorney-general,
a sum not exceeding twenty-nine hundred dollars ; and
for expenses of civil actions, a sum not exceeding eight
hundred dollars.

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

Approved January 27, 1890.

An Act relating to the decennial census. OhaT) 8

Be it enacted, etc., as folloios:

Section 1. The bureau of statistics of labor is hereby Bureau of statis-
authorized to expend the sum of seventy-five thousand decennial °'^'
dollars, in addition to the amount fixed by section seven- '=^°^"^-
teen of chapter two hundred and twenty-four of the acts
of the year eighteen hundred and ninety-four, for the pur-
poses of the decennial census of the year eighteen hundred
and ninety-five, exclusive of the cost of paper for sched-
ules, and of printing, stereotyping and binding the ab-
stracts and reports upon said census.

Section 2. The time within which the returns of said Time extended.
census relative to agricultural products and property shall
be made is hereby extended to the fifteenth day of June
in the present year.

Section 3. This act shall take efiect upon its passage.

Approved January 29, 1896.

10

Acts, 1896. — Chaps. 9, 10.

Chap

^ 9. -An Act making appropriations for salaries and expenses
of the state board of arbitration and conciliation.

Appropriations.

Board of arbi-
tration and con-
ciliation.
Clerk.

Expenses.

Be it enacted, etc., as follows:

Section 1. The sums hereinafter mentioned are
appropriated, to be paid out of the treasury of the Com-
monwealth from the ordinary revenue, for the purposes
specified, to meet expenses for the year ending on the
thirty-first day of December in the year eighteen hundred
and ninety-six, to wit : —

For the salaries of the members of the state board of
arbitration and conciliation, six thousand dollars.

For the salary of the clerk of the state board of arbitra-
tion and conciliation, twelve hundred dollars.

For travelling, incidental and contingent expenses of
the state board of arbitration and conciliation, a sum not
exceeding four thousand dollars, which shall include the
compensation of expert assistants.

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

Approved January 29, 1890.

CJiap. 10. An Act MAKING APPROPRIATIONS FOR SALARIES AND EXPENSES
OF THE BUREAU OF STATISTICS OF LABOR.

Appropriations.

Bureau of
statistics of
labor, chief.

First clerk.

Second clerk.

Clerical assist-
ance, etc.

Statistics of
manufactures.

Be it enacted, etc., as follotcs :

Section 1. The sums hereinafter mentioned are
appropriated, to be paid out of the treasury of the Com-
monwealth from the ordinary revenue, for the purposes
specified, to meet expenses for the year ending on the
thirty-first day of December in the year eighteen hundred
and ninety-six, to wit : —

For the salary of the chief of the bureau of statistiijs of
labor, twenty-five hundred dollars.

For the salary of the first clerk of the bureau of statis-
tics of labor, eighteen hundred dollars.

For the salary of the second clerk of the bureau of sta-
tistics of labor, fifteen hundred dollars.

For such additional clerical assistance and for such
expenses of the bureau of statistics of labor as may be
necessary, a sum not exceeding six thousand dollars.

For expenses in connection with the annual collection
of statistics of manufactures, a sum not exceeding sixty-
five hundred dollars.

Acts, 1896. — Chap. 11. 11

For contingent expenses of the bureau of statistics of e°""°|g°'
labor, to be expended under the direction of the sergeant-
at-arms, a sum not exceeding five hundred dollars.

For rent of rooms for the use of the bureau of statistics ?«?* of rooms,
of labor, and for services of a janitor, a sum not exceeding
three thousand dollars.

For rent of rooms for the bureau of statistics of labor Rent of rooms
for storage purposes, a sum not exceeding five hundred
and fifty dollars.

For rent of additional rooms for the use of the bureau Rentof addi-
of statistics of labor for such period of time as may be re- ^'""'^ J-ooms.
quired for the purposes of the decennial census, a sum not
exceeding twenty-five hundred dollars.

For expenses in connection with takino; a special census Expenses of

, ^,. . T ' 1 1 i J • 1- special census.

in towns having an increased resident population during
the summer months, a sum not exceeding two hundred
and fifty dollars.

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

Approved January 29, 1896.

Chap. 11.

An Act making appropriations for salaries anb expenses
of the civil service commission.

Be it enacted, etc., as follows:

Section 1. The sums hereinafter mentioned are Appropriations.
appropriated, to be paid out of the treasury of the Com-
monwealth from the ordinary revenue, for the purposes
specified, to meet expenses for the year ending on the
thirty-first day of December in the year eighteen hundred
and ninety-six, to wit : —

For the compensation and expenses of the members of civn service

, . ., .^ . . ^ ,. commission.

the civil service commission, a sum not exceeding two
thousand dollars.

For the salary of the chief examiner of the civil service chief examiner.
commission, three thousand dollars.

For the salary of the secretary of the civil service com- secretary.
mission, two thousand dollars.

For the salary of the registrar of labor of the civil ^bor!*'"'"' °^
service commission, two thousand dollars.

For clerical assistance, expenses of examinations, print- Expenses.
ing civil service rules and regulations and other informa-
tion for the use of applicants, printing, advertising and
stationery, travelling and incidental expenses of the chief
examiner, commissioners and secretary, and necessary

12

Acts, 1896. — Chaps. 12, 13.

office expenses, a sum not exceeding eleven thousand
dollars.

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

Approved Janwinj 29, 189G.

ChciT), 12. ^^ ^^'^ MAKING APPROPRIATIONS FOR SALARIES AND EXPENSES
OF THE COMMISSIONERS OF THE MASSACHUSETTS NAUTICAL
TRAINING SCHOOL.

Be it enacted, etc., as follows:
Appropriations. Section 1. The sums hereinafter mentioned are
appropriated, to be paid out of the treasury of the Com-
monwealth from the ordinary revenue, for the purposes
specitied, to meet expenses for the year ending on the
thirty-first day of December in the year eighteen hundred
and ninety-six, to wit : —

For the payment of current expenses of the Massachu-
setts nautical training school, on board the United States
ship Enterprise which has been detailed for the use of said
school, a sum not exceeding fifty thousand dollars.

For the necessary expenses of the commissioners of the
Massachusetts nautical training school, to include salary
of the secretary, clerical services, printing, stationery and
other contingent expenses, a sum not exceeding forty-five
hundred dollars.

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

Apjiroved January 29, 1896.

Nautical
trainiug school

Expenses of
commissioners

CllClT) 13 "^^ ^'^^ MAKING APPROPRIATIONS FOR SALARIES AND EXPENSES OF
THE COMMISSIONERS OF SAVINGS BANKS.

Be it enacted, etc., as follows :
Appropriations. Section 1. The sums hereinafter mentioned are ap-
propriated, to be paid out of the treasury of the Com-
monwealth from the ordinary revenue, for the purposes
specified, to meet expenses for the year ending on the
thirty-first day of December in the year eighteen hundred
and ninety-six, to w^it : —

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

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

For the salary of the first clerk of the commissioners
of savings banks, two thousand dollars.

Commissioners
of savings
banks, chair-
man.
Associate
commissioners.

First clerk.

Acts, 1896. — Chaps. 14, 15. 13

For the salary of the second clerk of the commissioners second cierk.
of savings banks, twelve hundred dollars.

For such additional clerks and expert assistants as the Additional
commissioners of savings banks may deem necessar}^, a
sum not exceeding twenty-five hundred dollars.

For travelling and incidental expenses of the commis- Expenses,
sioners of savings banks, a sum not exceeding thirty-three
hundred dollars.

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

Approved January 29, 1896.

An Act making appropriations for salaries and expenses of (JJidn^ |4.

THE GAS AND ELECTRIC LIGHT COMMISSIONERS.

Be it enacted, etc., as follows:

Section 1. The sums hereinafter mentioned are ap- Appropriations.
propriated, to be paid out of the treasury of the Com-
monwealth from the ordinary revenue, for the purposes
specified, to meet expenses for the year ending on the
thirty-first day of December in the year eighteen hundred
and ninety-six, to wit : —

For the salaries of the gas and electric light commis- J?\« a^d electric

» O light commis.

Sioners, eight thousand dollars. sioners.

For clerical assistance to the scas and electric lia-ht com- clerical

to

assistance.

missioners, a sum not exceeding three thousand dollars.

For statistics, books and stationery, and for the neces- Expenses.
sary expenses of the gas and electric light commissioners,
a sum not exceeding three thousand dollars.

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

Approved January 29, 1896.

An Act making appropriations for salaries and expenses of (JJidj), 15.

THE railroad COMMISSIONERS.

Be it enacted, etc., as follows:

Section 1. The sums hereinafter mentioned are ap- Appropriations.
propriated, to be paid out of the treasury of the Com-
monwealth from the ordinary revenue, for the purposes
specified, to meet expenses for the year ending on the
thirty-first day of December in the year eighteen hundred
and ninety-six, to wit : —

For the salaries of the railroad commissioners, eleven Rauroad

..,,,, commissioners.

thousand dollars.

For the salary of the clerk of the railroad commis- cierk.
sioners, twenty-five hundred dollars.

14

Acts, 1896. — Chap. 16.

Assistant clerk.

Railroad
inspectors.

Experts, etc

Rent, tnes.
senger, elc.

Books, maps,
stationery, etc.

Taking evidence
at inquests.

For the salary of the assistant clerk of the railroad com-
missioners, a sum not exceeding twelve hundred dollars.

For the salary of the accountant of the railroad com-
missioners, twenty-five hundred dollars.

For the salaries and expenses of the railroad inspectors
provided for by chapter five hundred and thirty-five of the
acts of the year eighteen hundred and ninety-four, a sum
not exceeding five thousand dollars.

For the compensation of experts or other agents of the
railroad commissioners, a sum not exceeding thirty-nine
hundred dollars.

For rent, care of office, and salary of a messenger for
the raih-oad commissioners, a sum not exceeding thirty-
one hundred dollars.

For books, maps, statistics, stationery, incidental and
contingent expenses of the raih'oad commissioners, a sum
not exceeding two thousand dollars.

For expenses in connection with taking evidence given
at inquests on deaths by accident upon steam and street
railroads, a sum not exceeding two thousand dollars.

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

Approved January 29, 1896.

CllCtV. 16. -^^ ^CT MAKING APPROPRIATIONS FOR SALARIES AND EXPENSES IN

THE STATE LIBRARY.

Be it enacted, etc., as follows :
Appropriations. Sectiox 1. Thc suuis hereinafter mentioned are ap-
propriated, to be paid out of the treasury of the Com-
monwealth from the ordinary revenue, for the purposes
specified, to meet expenses for the year ending on the
thirty-first day of December in the year eighteen hundred
and ninety-six, to wit : —

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

For the purchase of books for the state library, five
thousand dollars.

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

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

State librarian.

Purchase of
books.

Clerical
assistance

Index to
current events.

Acts, 1896. — Chaps. 17, 18. 15

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

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

Approved January 29, 1896.

An Act making appropriations for salaries and expenses QJifij) 17

IN THE DEPARTMENT OF THE TAX COMMISSIONER. "

Be it enacted, etc., as folloivs:

Section 1. The sums hereinafter mentioned are Appropriations,
appropriated, to be paid out of the treasury of the Com-
monwealth from the ordinary revenue, for the purposes
specified, to meet expenses for the year ending on the
thirty-first day of December in the year eighteen hundred
and ninety-six, to wit : —

For the salary of the tax commissioner and commis- Tax commis-
sioner of corporations, thirty-five hundred dollars.

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

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

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

For incidental and contingent expenses of the tax com- Expenses.
missioner and commissioner of corporations, a sum not
exceeding thirty-four hundred dollars.

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

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

Approved January 29, 1896.

An Act making appropriations for salaries and expenses (JJinjj 1g

IN THE OFFICE OF THE INSURANCE COMMISSIONER. *

Be it enacted, etc., as folloivs:

Section 1. The sums hereinafter mentioned are ap- Appropriations.
propriated, to be paid out of the treasury of the Com-
monwealth from the ordinary revenue, for the purposes
specified, to meet expenses for the year ending on the
thirty-first day of December in the year eighteen hundred
and ninety-six, to wit : —

16

Acts, 1896. — Chap. 19.

Insurance
coinmissioner.

Deputy.
Actuary.
Chief clerk.
Second clerk.
Third clerk.

Additional
clerks, etc.

Expenses.

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

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

For the salary of the actuary of the insurance commis-
sioner, two thousand dollars.

For the salary of the chief clerk of the insurance com-
missioner, two thousand dollars.

For the salary of the second clerk of the insurance com-
missioner, fifteen hundred dollars.

For the salary of the third clerk of the insurance com-
missioner, twelve hundred dollars.

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

For incidental and contingent expenses of the insurance
commissioner, a sum not exceeding forty-five hundred
dollars.

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

Approved January 31, 1896.

CllCtV' 19. ^^ ^^^ MAKING APPROPRIATIONS FOR SALARIES AND EXPENSES
IN THE OFFICE OF THE CONTROLLER OF COUNTY ACCOUNTS.

Be it enacted, etc., as foUoios:
Appropriations. Section 1. The suuis hereinafter mentioned are ap-
propriated, to be paid out of the treasury of the Com-
monwealth from the ordinary revenue, for the purposes
specified, to meet expenses for the year ending on the
thirty-first day of December in the year eighteen hundred
and ninety-six, to wit : —

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

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

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

For travelling and office expenses of the controller of
county accounts, and of his deputies, a sum not exceeding
fifteen hundred dollars.

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

Approved January 31, 1896,

Controller of
county
accounts.
First deputy.

Second deputy.

Expenses.

Acts, 1896. — Chaps. 20, 21. 17

Ax Act making appropriations for salary and expenses of (JJkij)^ 9().

THE commissioner OF PUBLIC RECORDS.

Be it enacted, etc. , as follows :

Section 1. The sums hereinafter mentioned are ap- Appropriations.
propriated, to be paid out of the treasury of the Com-
monwealth from the ordinary revenue, for the purposes
specified, to meet expenses for the year ending on the
thirty-first day of December in the year eighteen hundred
and ninety-six, to wit : —

For the salary of the commissioner of ijublic records, commissioner

Ytth of public

twenty-five hundred dollars. records.

For travelling, clerical and other necessary expenses of Expenses.
the commissioner of public records, a sum not exceeding
twenty-three hundred dollars.

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

A2)2^roved Ja)iuary 31, 1S06.

An Act making appropriations for the maintenance of the njiQj) 91
judicial department of the commonwealth during the
present year.

Be it enacted, etc., asfolloios:

Section 1. The sums hereinafter mentioned are ap- Appropriations.
propriated, to be paid out of the treasury of the Com-
monwealth from the ordinary revenue, for the purposes
specified, to meet expenses for the year ending on the
thirty-first day of December in the year eighteen hundred
and ninety-six, to wit : —

SUPREME judicial COURT.

For travelling expenses of the chief iustice of the supreme judi.

.T-i ^j f' 1 1 1T11 cial court, chief

supreme judicial court, five hundred dollars. justice.

For travelling expenses of the six associate iustices of Associate

,. . P. . -I " justices.

the supreme judicial court, three thousand dollars.

For the salary of the clerk of the supreme judicial court, ^•'''■'^•
three thousand dollars.

For clerical assistance to the clerk of the supreme clerical assiet.

• J..1 I n 1 11111 ance to clerk.

judicial court, five hundred dollars.

For clerical assistance to the justices of the supreme clerical assist-
judicial court, a sum not exceeding twenty-five hundred '""'^ ^"^ ^^^ '
dollars.

18

Acts, 1896. — Chap. 21.

Expenses.

Reporter of
decisious.

Ollicers atul
inesseuger.

Clerk for

Kuffolk.

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

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

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

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

Superior court,
chief Justice.

Associate
justices.

Probate and
insolvency
Judges, Suffolli,

Middlesex.

"Worcester.

Essex.

Norfolli.

Bristol.

Plymouth.

Berkshire.

Hampden.

Hampshire.

Frauklin.

SUPERIOR COURT.

For the salary and travelling expenses of the chief justice
of the superior court, sixty-five hundred dollars.

For the salaries and travelling expenses of the fifteen
associate justices of the superior court, ninety thousand
dollars.

COURTS or PROBATE AND INSOLVENCY.

For the salaries of the two judges of prol)ate and in-
solvency for the county of Suflblk, five thousand dollars
each.

For the salary of the senior judge of prol)ate and in-
solvency for the county of Middlesex, forty-five hundred
dollars ; and for the salary of the junior judge of probate
and insolvency for said county, four thousand dollars.

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

For the salary of the judge of proljate and insolvency
for the county of Essex, thirty-seven hundred dollars.

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

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

For the salary of the judge of probate and insolvency
for the county of Plymouth, two thousand dollars.

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

For the salary of the judge of probate and insolvency
for the county of Hampden, three thousand dollars.

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

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

Acts, 1896. — Chap. 21. 19

For the salary of the judge of probate and insolvency Bamstabie.
for the county of Barnstable, thirteen hundred dollars.

For the salary of the judge of prol)ate and insolvency Nantucket.
for the county of Nantucket, seven hundred dollars.

For the salary of the judge of probate and insolvency Dukes county.
for the county of Dukes County, seven hundred dol-
lars.

For compensation of judijes of probate and insolvency incaeeof sick.

,• /• • 1 n i'~, !• 1 • ii ness or vacancy,

acting tor judges oi probate and insolvency m other
counties when the judge of said county is sick or the
office is vacant, a sum not exceeding three thousand
dollars.

For the salary of the register of probate and insolvency Register,
for the county of Suifolk, live thousand dollars.

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

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

For the salary of the register 'of probate and insolvency Worcester.
for the county of Worcester, three thousand dollars.

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

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

For the salary of the register of proliate and insolvency riymouth.
for the county of Plymouth, eighteen hundred dollars.

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

For the salary of the register of prol)ate and insolvency Hampden.
for the county of Hampden, twenty-five hundred dollars.

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

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

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

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

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

For the salary of the assistant register of prolxate and ^g^lte^r"*
insolvency for the county of Suffolk, twenty-eight hun- Buffoi^.
dred dollars.

20

Acts, 1896. — Chap. 21.

Middlesex.

Worcester.

Essex.

Norfolk.

Franklin.

Clerk, Suffolk.

Clerical assist-
ance, Suffolk.

Middlesex.

Essex.

Bristol.

Worcester.

Plymouth.

In the several
counties except
Franklin aud

Suffolk.

Expensep.

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

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

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

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

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

For the salary of the clerk of the register of probate
and insolvency for the county of Suffolk, twelve hundred
dollars.

For extra clerical assistance to the register of probate
and insolvency for the county of Suffolk, a sum not
exceeding thirty-three hundred dollars.

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

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

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

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

For extra clerical assistance to the register of probate
and insolvency for the county of Plymouth, a sum not
exceeding five hundred dollars.

For extra clerical assistance to the courts of probate
and insolvency in the several counties of the Common-
wealth, excepting Franklin and Suftblk counties, a sum
not exceeding eighty-five hundred dollars.

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

Acts, 1896. — Chap. 22. 21

DISTRICT ATTORXEYS.

For the salary of the district attorney for Sufiblk dis- District attor-

, 1 1 11 ney, Suffolk.

trict, nve thousand dollars.

For the salary of the first assistant district attorney for First assistant.
Suftblk district, thirty-three hundred dollars.

For the salary of the second assistant district attorney second
for Sufiblk district, twenty-five hundred dollars.

For the salary of the clerk of the district attorney for cierk.
Sufiblk district, eighteen hundred dollars.

For the salary of the district attorney for the northern District attor.
district, twenty-four hundred dollars. distlict.

For the salary of the assistant district attorney for the Assistant.
northern district, fifteen hundred dollars.

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

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

For the salary of the district attorney for the south- southeastern

T • 1 1 1 11 district.

eastern district, twenty-one hundred dollars.

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

For the salary of the district attorney for the southern Southern

. . district.

district, twenty-two hundred dollars.

For the salary of the district attorney for the middle Middle

• district

district, twenty-four hundred dollars.

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

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

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

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

A2y2^roved January 31, 1896.

Chap. 22.

An Act making appropriations for salaries and expenses
in the department of the adjutant general, and for
sundry other military expenses.

Be it enacted, etc., as folloics:

Section 1. The sums hereinafter mentioned are ap- Appropriations.
propriated, to be paid out of the treasury of the Com-
monwealth from the ordinary revenue, for the purposes
specified, to meet expenses for the year ending on the

22

Acts, 1896. — Chap. 22.

Adjutant
general.

First clerk.

Second clerk.

Additional
clerk.

Extra clerks.
Messenger.

Clerical assist-
ance, etc.

Militia, compin-
sation.

Transportation.

Expenses.

Rent of
armories, etc.

Quartermasters'
supplies.

Expenses.

Camp ground

Military
accounts.

Record of
officers, Bailors,
etc.

thirtj^-first clay of December in the year eighteen hundred
and ninety-six, to wit : —

For the salary of the adjutant general, thirty-six hun-
dred dollars.

For the salary of the first clerk in the adjutant general's
department, twenty-two hundred dollars.

For the salary of the second clerk in the adjutant gen-
eral's department, sixteen hundred dollars.

For the salary of an additional clerk in the adjutant
general's department, two thousand dollars.

For the salaries of the two extra clerks in the adjutant
general's department, twelve hundred dollars each.

For the salary of the messenger in the adjutant general's
department, eight hundred dollars.

For such additional clerical assistance as the adjutant
general may deem necessary, and for compensation of
employees at the state arsenal, a sum not exceeding sixty-
three hundred dollars.

For compensation of officers and men of the volunteer
militia, a sum not exceeding one hundred and eight thou-
sand dollars.

For transportation of officers and men of the volunteer
militia, when on military duty, a sum not exceeding
twenty thousand dollars.

For incidental and contingent expenses in the adjutant
general's department, a sum not exceeding four thousand
dollars.

For rent of brigade and battalion headquarters and
company armories, a sum not exceeding thirty-seven
thousand dollars.

For quartermasters' supplies, a sum not exceeding
fifteen thousand dollars.

For incidental and contingent expenses of the quarter-
master general's department, a sum not exceeding five
thousand dollars.

For grading and care of the camp ground of the Com-
monwealth at Framingham, a sum not exceeding one
thousand dollars.

For military accounts in connection with the volunteer
militia, not otherwise provided for, a sum not exceeding
four thousand dollars.

For expenses in connection with the record of Massa-
chusetts oflScers, sailors and marines, a sum not exceeding
tAvo thousand dollars.

Acts, 1896. — Chap. 23. 23

For expenses of the care, heating, lighting and furnish- care, etc.of
ing of the new armories recently erected in certain cities
of the Commonwealth, for the use of the volunteer militia,
a sum not exceeding twenty thousand dollars.

For allowance and repairs of clothing of the volunteer ciothing.
militia, a sum not exceeding nine thousand dollars.

For expenses in connection with the rifle practice of the Rife practice.
volunteer militia, a sum not exceeding tifteen thousand
dollars.

For the salary of the surgeon general, twelve hundred g"yfj:°"
dollars.

For medical supplies for the use of the volunteer militia. Medical sup.
and lor incidental and contingent ex})enses of the surgeon
general, a sum not exceeding two thousand dollars.

Anv sums of money received under the provisions of sa'e of grass at

, »• , •'^ 1 ^ state camp

section eighty-seven of chapter three hundred and sixty- ground, etc.
seven of the acts of the year eighteen hundred and ninety-
three, and from the sale of grass at the camp ground at
Framingham during the year eighteen hundred and ninety-
six, maybe expended by the quartermaster general during
the present year, under the direction of the governor and
council, for the construction and repair of buildings and
other structures.

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

Approved January 81, 1896.

An Act making appropriations for salaries and expenses of nhft^^ 93

THE INSPECTORS OF GAS METERS

Be it enacted, etc., asfolloivs:

Section 1. The sums hereinafter mentioned are ap- Appropriations.
propriated, to be paid out of the treasury of the Com-
monwealth from the ordinary revenue, for the purposes
specitied, to meet expenses for the year ending on the
thirty-first day of December in the year eighteen hundred
and ninety-six, to wit : —

For the salary of the inspector of gas meters, two thou- inspector of

,111 '-' gaa meters.

sand dollars.

For the salary of the assistant inspector of gas meters. Assistant.
twelve hundred dollars.

For travelling and incidental expenses of the inspector Kxpenses.
and assistant inspector of gas meters, a sum not exceeding-
six hundred and fifty dollars.

For such additional apparatus as the insi^ector of ixaa Additional

"^ apparatus.

24

Acts, 1896. — Chaps. 24, 25.

meters may find necessary, a sum not exceeding two hun-
dred and lifty dollars.

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

Ajyprovecl January 31, 1896.

Chai) 24. ^^ ^^^ MAKING APPUOPRIATIONS FOR EXPENSES OF THE BOARD

OF LIBRARY COMMISSIONERS.

Be it enacted, etc., asfolloivs:
Appropriations. Section 1. The sums hereinafter mentioned are ap-
propriated, to be paid out of the treasury of the Com-
monwealth from the ordinary revenue, for the purposes
specified, to meet expenses for the year ending on the
thirty-first day of December in the year eighteen hundred
and ninety-six, to wit : —

To carry out the provisions of the act to promote the
establishment and efficiency of free pul)lic libraries, under
the direction of the board of library commissioners, a sum
not exceeding three thousand dollars.

For clerical assistance, incidental and necessary ex-
penses of the board of library commissioners, a sum not
exceeding five hundred dollars.

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

Aj^j^roved January 31, 1896.

Free public
libraries.

Expenses

CTlCLl)' 25. ^^ ^^'^ MAKING APPROPRIATIONS FOR SUNDRY AGRICULTURAL

EXPENSES.

-Be it encLCted, etc., as follovs :
Appropriations. Section 1. The sums hereinafter mentioned are ap-
propriated, to be paid out of the treasury of the Oom-
monwealth from the ordinary revenue, for the purposes
specified, to meet expenses for the year ending on the
thirty-first day of December in the year eighteen hundred
and ninety-six, to wit: —

For the salary of the secretary of the state board of
agriculture, twenty-five hundred dollars.

For the salary of the first clerk of the secretary of the
state board of agriculture, sixteen hundred dollars.

For the salary of the second clerk of the secretary of
the state board of agriculture, twelve hundred dollars.

For other clerical assistance in the office of the secretar}^
of the state board of agriculture, and for lectures before

Board of
agriculture,
secretary.
First clerk.

Second clerk.

Clerical assist
ance, etc.

Acts, 1896. — Chap. 25. 25

the board at its annual and other meetings, a sum not ex-
ceeding eight hundred dollars.

For travelling and other necessary expenses of the Expenses of
members of the state board of agriculture, a sum not ex-
ceeding nineteen hundred dollars.

For incidental and contingent expenses of the state Expenses of
board of agriculture, a sum not exceeding eight hundred
dollars.

For travelling and other necessary expenses of the Expenses of

86crtit&rv*

secretary of the state board of agriculture, a sum not ex-
ceeding live hundred dollars.

For disseminating useful information in agriculture by Farmers*

~ ~ institutes.

means of lectures at farmers' institutes, a sum not exceed-
ing two thousand dollars.

For bounties to agricultural societies, a sum not exceed- ^^o"°'»e«-
ing twenty-one thousand dollars.

For maintaining an agricultural experiment station at f/g^jj^'^nf^
the Massachusetts Agricultural College in the town of station.
Amherst, the sum often thousand dollars.

For the Massachusetts Agricultural College, for the Agricultural
purpose of providing eighty free scholarships, the sum of scholarships.
ten thousand dollars.

For the Massachusetts Agricultural College, the sum of coi"eg"ejIbor
ten thousand dollars, to be expended under the direction fund, etc.
of the trustees for the following purposes, to wit : — Five
thousand dollars for the establishment of a labor fund to
assist needy students of said college, and five thousand
dollars to provide the theoretical and practical education
required by its charter and the laws of the United States
relating thereto.

For travelling and other necessary expenses of the Expenses,
trustees of the Massachusetts Agricultural College, a sum
not exceeding eight hundred dollars.

For the salary of the executive officer of the state dairy Dairy bureau.

»'-, '' executiveomcer.

bureau, five hundred do.!lars.

For the salary of an assistant to the secretary of the Assistant to
state board of agriculture, to assist in the work of the board "oY"
state dairy bureau, twelve hundred dollars. agriculture.

For assistants, experts, chemists, agents, and other Dairy bureau,
necessary expenses of the state dairy bureau, a sum not ^^^^°^^^-
exceeding seven thousand dollars.

For purchasino; nails or spikes to be driven into certain Preservation of

^7 * ^ ^ shucle treed otc*

trees designated by the authonties of cities and towns,
for the purpose of preserving ornamental and shade trees

26 Acts, 1896. — Chaps. 26, 27, 28.

on public highways, a sum not exceeding two hundred
dollars.

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

Approved January 31, 1896.

Chap. 26.

An Act making an appropriation for the Massachusetts
school fund.

Be it enacted, etc., as follows:
^ITfl^MnT* Section 1. The sum of one hundred thousand dollars

Bcnooi r una .

is hereby appropriated, to be paid out of the treasury of
the Commonwealth from the ordinary revenue, for the
]\Iassachusetts School Fund, as provided for by chapter
ninety of the resolves of the year eighteen hundred and
ninety-four.

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

Approved January 31, 1896.

Chcil) 27 ^^ ^*^^ MAKING an appropriation FOR THE

MASSACHUSETTS
STATE FIREMEN'S ASSOCIATION.

Be it enacted, etc., as follows:
Massachusetts Section 1. Tlic suui of tcu thousaud dollars is hereby

(State li iiemeu 8 _ ^ _ .J

Association. appropriated, to be paid out of the treasury of the Com-
monwealth from the ordinary revenue, for the Massachu-
setts State Firemen's Association, as provided for by
chapter one hundred and seventy-seven of the acts of the
year eighteen hundred and ninety-two.

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

Approved January 31, 1896.

Chap. 28. ^^ ^^"^ MAKING APPROPRIATIONS FOR THE PAYMENT OF STATE
AND MILITARY AID, AND FOR EXPENSES IN CONNECTION THERE-
WITH.

Be it enacted, etc., as follows:

Appropriations. Section 1. The sums hereinafter mentioned are ap-
propriated, to be paid out of the treasury of the Com-
monwealth from the ordinary revenue, for the purposes
specified, to meet expenses for the year ending on the
thirty-tirst day of December in the year eighteen hundred
and ninety-six, to wit : —

state ami For reimbursement to cities and towns for money paid

military aid. i

on account ot state and military aid to Massachusetts

Acts, 1896. — Chaps. 29, 30. 27

volunteers and their families, a sum not exceeding six
hundred and twenty-seven thousand dollars, the same to
be paid on or before the first day of December in the year
eighteen hundred and ninetj^-six.

For the salary of the commissioner of state aid ap- commissioner
pointed by the governor and council, twenty-five hundred ° '*"*"'' •
dollars.

For clerical assistance, salaries and expenses of agents, oiencai assist-
and other expenses of the commissioners of state aid, a
sum not exceeding eight thousand two hundred and sixty
dollars.

For postage, printing and other necessary expenses in Expenses.
carrying out the provisions of the state and military aid
laws, a sum not exceeding five hundred dollars.

Section 2. Tliis act shall take eftect upon its passage.

Ajiproced Jamiary 31, 1S96.

Ax Act making an APruoPHiATiON for the payment op pre- nj^r/y) 99

MIUMS ox securities PURCHASED FOR THE MASSACHUSETTS
SCHOOL FUND.

Be it enacted, etc., as follows:

Section 1. A sum not exceeding fifty thousand dollars Maflsacimsetts
is hereby appropriated, to be paid out of the treasury of prem'iurason
the Commonw^ealth from the ordinary revenue, for the
payment l)y the treasurer and receiver general of premiums
on securities purchased for the Massachusetts School Fund,
as provided for by chapter three hundred and thirty-five
of the acts of the year eighteen hundred and ninet}^

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

Approved Jcijiuary 31, 1896.

securities.

An Act making an appropriation for the sinkin(J^ fund ok niffij^ ;^()

THE AliOLITION OF GRADE CROSSINGS LOAN.

Be it enacted, etc., as foUoics:

Section 1. The sum hereinafter mentioned is ap- Appropriation.
propriated, to l)e paid out of the treasury of the Com-
monwealth from the ordinary revenue, for the purpose
specified, to meet expenses for the year ending on the
thirty-first day of December in the year eighteen hundred
and ninety-six, to wit : —

For the sinking fund of the Abolition of Grade Cross- Abolition of

Grade Crossings
Loan.

28 Acts, 1896. — Chaps. 31, 32.

ings Loan, as provided for in chapter four hundred and
twenty-eight of the acts of the year eighteen hundred and
ninety, being the estimate of the treasurer and receiver
general, the sum of thirty-one thousand two hundred
dollars.

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

Aj^provecl January 31, 1896.

Chan 31. ^^ "^^^ making an appropriation for the prison and hospi-
tal LOAN SINKING FUND.

Be it enacted, etc., as foHoics:
Prison, -imi Section 1. The sum of forty-one hundred and forty

Hospital Loan th'it . -,

Sinking Fund, dollars IS hereby ai)propnated, to be paid out of the
treasury of the Commonwealth from the ordinary revenue,
for the Prison and Hospital Loan Sinking Fund, as pro-
vided for by chapters four hundred and eighty-three and
five hundred and three of the acts of the year eighteen
hundred and ninety-five, being the estimate of the treas-
urer and receiver general.

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

Approved January 31, 1896.

Chun 32 "^^ ^'^^ MAKING APPROPRIATIONS FOR THE SALARY AND EXPENSES
OF THE GENERAL SUPERINTENDENT OF PRISONS.

Be it enacted, etc. , as folloics :

Appropriations. Section 1. The suuis hereinafter mentioned are ap-
propriated, to be paid out of the treasury of the Com-
monwealth from the ordinary revenue, for the purposes
specified, to meet expenses for the year ending on the
thirty-first day of December in the year eighteen hundred
and ninety-six, to wit : —

General Yov tlic Salary of the general superintendent of prisons,

Bupenntenuent i.^iiiin

of prisons. tiurty-five hundred dollars.

For clerical assistance to the general superintendent of
prisons, a sum not exceeding one thousand dollars.

For travelling expenses of the general superintendent
of prisons, a sum not exceeding five hundred dollars.
Expenses. YoY incidental and contingent expenses of the general

superintendent of prisons, a sum not exceeding one thou-
sand dollars.

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

Ap2)roved January 31, 1896.

Clerical
assistance.

Travelling
expenses.

Acts, 1896. — Chaps. 33, 34, 35. 29

An Act making appropriations for salaries and expenses ni^n^^ ^Q

IN THE OFFICE OF THE STATE BOARD OF HEALTH. ^

JBe it enacted^ etc., as folloirs:

Section 1. The sums hereinafter mentioned are ap- Appropriations.
propriated, to be paid out of the treasury of the Com-
monwealth from the ordinary revenue, for the purposes
specified, to meet expenses for the year ending on the
thirty-first day of December in the year eighteen hundred
and ninety-six, to wit : —

For the sahiry of the secretary of the state board of j^^^'.^h^"'"''^ °^
health, three thousand dollars, secretary.

For the general work of the state board of health, in- Expenses.
eluding all necessary travelling expenses, a sum not ex-
ceedino; thirteen thousand dollars.

For salaries and expenses in connection with the inspec- inspection of
tion of milk, food and drugs, a sum not exceeding eleven drugs.
thousand five hundred dollars.

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

Apiyroved January 31, 1896,

Chap. 34,

An Act making appropriations for salaries and expenses in

the office of the state pension agent.
Be it enacted, etc., as foUoics:

Section 1. The sums hereinafter mentioned are ap- Appropriations.
propriated, to be paid out of the treasury of the Com-
monwealth from the ordinary revenue, for the purposes
specified, to meet expenses for the year ending on the
thirty-first day of December in the year eighteen hundred
and ninety-six, to wit : —

For the salary of the state pension agent, two thousand ale*ut.^*'°^'°°
dollars.

For clerical assistance, travelling expenses, rent, care Expenses.
of rooms and other necessary expenses of the state pen-
sion agent, a sum not exceeding four thousand dollars.

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

Approved January 31, 1896.

Chap. 35.

An Act making an appropriation for the Massachusetts

school for the feeijle-minded.
Be it enacted, etc., as folio ic s :

Section 1. The sum of twenty-five thousand dollars Massachusetts
is hereby appropriated, to be paid out of the treasury of leeWe'-mi^nded.

30 Acts, 1896. — Chaps. 36, 37, 38.

the Commonwealth from the ordinary revenue, to the
JMassachusetts School for the Feeble-minded, as provided
for by chapter one hundred and twenty-three of the acts
of the year eighteen hundred and eighty-seven.

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

Approved January 31, 1S96.

ChaiJ. 36. ^^ Act MAKING AN APPKOI'KIATION FOR THE METU0P01.ITAN PARKS

LOAN SINKING FUND.

Be it enacted^ etc. , as folloios :

ParWoan" Section 1. The suui of thirty-three hundred and fifty

Sinking Fund, dollars Is hereby appropriated, to be paid out of the
treasury of the Commonwealth from the ordinary revenue,
for the Metropolitan Parks Loan Sinking Fund, towards
retiring the scrip issued, known as series two, as provided
for in chapter two hundred and eighty-eight of the acts of
the year eighteen hundred and ninety-four, said sum being
the estimate of the treasurer and receiver general.

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

Apjyrored Janvarfj 31, 1890.

(JJldf), 37. ^^ -^CT MAKING AN APPROPRIATION FOR THE PERKINS INSTITU-
TION AND MASSACHUSETTS SCHOOL FOR THE BLIND.

Be it enacted, etc., as folloios :

uon''I"(i^°'"'"" Section 1. The sum of thirty thousand dollars is

sclfooTforthe ^i^reljy appropriated, to be paid out of the treasury of

Blind. the Commonwealth from the ordinary revenue, to the

Perkins Institution and Massachusetts School for the

Blind, as provided for by chapter nineteen of the resolves

of the year eighteen hundred and sixty-nine.

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

Ap>proved January 31, 1896.

Chaj). 38. ^^ ^^^ MAiaNG AN APPROPRIATION FOR THE STATE IHGHWAY

LOAN SINKING FUND.

Be it enacted, etc. , as folloios :

Loan Sinking^ Section 1. The sum of eighteen thousand one hun-
Fund. dred and fifty dollars is hereby appropriated, to be paid

out of the treasury of the Commonwealth from the ordi-
nary revenue, for the State Highway Loan Sinking Fund,
as provided for in section eight of chapter four hundred

Acts, 1896. — Chaps. 39, 40. 31

and ninety-seven of the acts of the year eighteen hundred
and ninety-four, said sum being the estimate of the treas-
urer and receiver general.

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

Ajyproved January SI, 1896.

Chap. 39.

An Act making an APPRorRiATioN for expenses in connec-
tion WITH THE EXTERMINATION OK CONTAGIOUS DISEASES AMONG
HORSES, CATTLE AND OTHER ANIMALS.

Be it enacted, etc., as follows:

Section 1 . The sum of fifty thousand dollars is here- contagious
by appropriated, to be paid out of the treasury of the aJTSif.*"""^
Commonwealth from the ordinary revenue, for the pur-
pose of meeting expenses in connection with the exter-
mination of contagious diseases among horses, cattle and
other animals, during the year ending on the thirty-first
day of December in the year eighteen hundred and
ninety-six.

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

Approved January 31, 1896.

An Act making appropriations for printing and binding z^/,^^ ac)
public documents, purchasing paper and publishing laws. "'

Be it enacted, etc., as follows :

Section 1. The sums hereinafter mentioned are ap- Appropriations.
propriated, to be paid out of the treasury of the Com-
monwealth from the ordinary revenue, for the purposes
specified, to meet expenses for the year ending on the
thirty-first day of December in the year eighteen hundred
and ninety-six, to wit : —

For printing and binding the series of public docu- Printing and
ments, under the direction of the secretary of the Com- dlTct/mlnt"!*''''
mon wealth, a sum not exceeding fifty-five thousand
dollars.

For printing the pamphlet edition of the acts and Paraphiet

1 f ,^ , o iT,.i,. . edition, acts and

resolves of the present year, tor general distribution in resolves.
the Commonwealth, a sum not exceeding four thousand
dollars.

For printing and binding the blue book edition of the biuo book.
acts and resolves of the present year, with the governor's
message and other matters in the usual form, a sum not
exceeding; seven thousand dollars.

32

Acts, 1896. — Chap. 41.

Newspaper
publication of
laws, etc.

Reports of
decisions of
supreme judi-
cial court.

Purchase of
paper.

Assessors'
books and
blanks.

Registration
books and
blanks.

Printing, etc.
of ballots.

Blank forms for
town officers,
etc.

Blanks to regis-
trars of voters.

Early laws.

For the newspaper publication of the general laws and
all information intended for the public, a sum not exceed-
ing five hundred dollars.

For reports of decisions of the supreme judicial court,
including copies to be furnished to newly incorporated
towns by the secretary of the Commonwealth, a sum not
exceeding three thousand dollars.

For the purchase of paper for the Commonwealth, used
in the execution of the contract for the state printing,
under the direction of the secretary of the Common-
wealth, a sum not exceeding thirty thousand dollars.

For assessors' books and blanks furnished cities and
towns by the secretary of the Commonwealth, a sum not
exceeding fifteen hundred dollars.

For registration books and blanks, indexing returns
and editing registration report, a sum not exceeding
twenty-five hundred dollars.

For printing and distributing at the public expense
ballots cast at elections for national, state, district and
county oflicers, in the cities and towns in the Common-
wealth, a sum not exceeding ten thousand dollars.

For blank forms for town officers, election laws and
instructions on all matters relating to elections, expense
of advertising the state ticket, all under the direction of
the secretary of the Commonwealth, a sum not exceeding
thirty-five hundred dollars.

For furnishing suitable blanks to registrars of voters
by the secretary of the Commonwealth, a sum not ex-
ceeding five hundred dollars.

For collating, indexing and publishing, in a style
similar to that in which the blue books, so-called, are
now published, all the acts and resolves of the general
court from the adoption of the constitution to the year
eighteen hundred and six, a sum not exceeding seven
thousand dollars.

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

A])proved January 31, 1896.

Chap. 41. -^N -'^CT MAKING AN APPROPRIATION FOR THE REMOVAL OF WRECKS

FROM TIDE WATERS.

Be it enacted, etc., as follows :

^bsTruTtio^fs Section 1. The sum of five thousand dollars is hereby

from tide appropriated, to be paid out of the treasury of the Com-

Acts, 1896. — Chaps. 42, 43. 33

mon wealth from the ordinary revenue, for expenses in
connection with the removal of wrecks and other obstruc-
tions from tide waters, as provided for in section nine
of chapter two hundred and sixty of the acts of the year
eighteen hundred and eighty-three, during the year end-
ing on the thirty-first day of December in the year eight-
een hundred and ninety-six.

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

Approved January 31^ 1890.

lPPROPRIATIONS for compensation and ex- (J]i(XV.4:'2i.

An Act making ai

penses of the ballot law commission.

Be it enacted, etc., as follows:

Section 1. The sums hereinafter mentioned are ap- AppropriaiionB.
propriated, to be paid out of the treasury of the Com-
monwealth from the ordinary revenue, for the purposes
specified, to meet expenses for the year ending on the
thirty-first day of December in the year eighteen hun-
dred and ninety-six, to wit : —

For compensation of the ballot law commission, a sum Baiiot law com-
not exceeding nine hundred dollars. missiou.

For such expenses of the ballot law commission as may Expenses.
be necessary, a sum not exceeding six hundred dollars.

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

Aj}proved January 31, 1896.

An Act making appropriations for salaries and expenses OJfftr) 4Q
IN the department of the commissioners of prisons, and ■^'

FOR sundry reformatory EXPENSES.

Be it enacted, etc., asfoHoivs:

Section 1. The sums hereinafter mentioned are ap- Appropriations.
propriated, to be paid out df the treasury of the Com-
monwealth from the ordinary revenue, for the purposes
specified, to meet expenses for the year ending on the
thirty-first day of December in the year eighteen hun-
dred and ninety-six, to wit : —

For the salary of the secretary of the commissioners commissioners
of prisons, twenty-five hundred dollars. Lc'Jetlry!'

For clerical assistance in the ofiice of the commis- ciericAi
sioners of prisons, a sum not exceeding twent^^-cight ''**'*'^°°^-
hundred dollars.

34

Acts, 1896. — Chap. 44.

Agents.

Travelling
expeDseB.

Expenses.

Agent for aid-
ing discharged
female
prisoners.

Expenses.

Aiding

discharged

prisoners.

Agent.

Expenses.

Removal of
prisoners.

For the salaries of the agents of the commissioners of
prisons, twenty-four hundred dollars.

For travelling expenses of the commissioners of
prisons, and of the secretary and agents of said commis-
sioners, a sum not exceeding twenty-five hundred dollars.

For incidental and contingent expenses of the commis-
sioners of prisons, a sum not exceeding twelve hundred
dollars.

For the salary of the agent for aiding discharged female
prisoners, a sum not exceeding seven hundred and seventy-
five dollars.

For expenses of the agent for aiding female prisoners
discharged from the prisons of the Commonwealth, in-
cluding assistance rendered to said prisoners, a sum not
exceeding three thousand dollars.

For aiding prisoners discharged from the Massachusetts
reformatory, a sum not exceeding five thousand dollars.

For the salary of the agent for aiding prisoners dis-
charged from the state prison, twelve hundred dollars.

For expenses of the agent for aiding prisoners dis-
charged from the state prison, to be used in rendering
assistance to said prisoners, a sum not exceeding three
thousand dollars.

For expenses incurred in removing prisoners to and
from state and county prisons, a sum not exceeding nine
hundred dollars.

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

Apjyroved January 31, 1896.

CllClV. 44 -^^ ^^^ MAKING APPROPRIATIONS FOR SALARIES AND EXPENSES

OF THE DISTKICX POLICE.

Be it enacted, etc., as foUoivs :
Appropriations. SECTION 1. Tlic suuis hereinafter mentioned are ap-
propriated, to be paid out of the treasury of the Com-
monwealth from the ordinary revenue, for the purposes
specified, to meet expenses for the year ending on the
thirty-first day of December in the year eighteen hundred
and ninety-six, to wit : —

For the salary of the chief of the district police, a sum
not exceeding twenty-five hundred dollars.

For the salary of the first clerk in the office of the chief
of the district police, fifteen hundred dollars.

District police,
chief.

First Clerk.

Acts, 1896. — Chaps. 45, 46. 35

For the salary of tlie second clerk in the office of tlie Second cierk.
chief of the district police, one thousand dollars.

For the compensation of the forty-two members of the District poUce.
district police, a sum not exceeding sixty-two thousand
dollars.

For travelling expenses actually paid by members of J/pInicsf
the district police, a sum not exceeding twenty thousand
eight hundred dollars.

For incidental and contingent office expenses of the Expenses.
chief and members of the district police, a sum not ex-
ceeding two thousand dolhirs.

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

Apjn'oved January 31, 1896.

An Act making an APPRorKiATiON for the salary of the nhf^.^-. AK

ASSAYER AND INSPECTOR OF LIQUORS. ^ '

Be it enacted, etc., as foUoics :

Section 1. The sum of twelve hundred dollars is Assayorand

insptctc
liquors.

hereby appropriated, to be paid out of the treasury of JF'^p'^''''"' "
the Commonwealth from the ordinary revenue, for the
salary of the assayer and inspector of liquors, for the
year ending on the thirty-first day of December in the
year eighteen hundred and ninety-six.

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

Ajiproved Janimry SI, 1890.

An Act making an appropriation for current expenses at njiff/^ A(\

THE MASSACHUSETTS HOSPITAL FOR DIPSOMANIACS AND INEURI-
ATES.

Be it enacted, etc. , as folloivs :

Section 1. The sum of twenty thousand dollars is Massachusetts
hereby appropriated, to be paid out of the treasury of di>omini'ac8
the Commonwealth from the ordinary revenue, to p^y a"d inebriates.
necessary expenses, in excess of any receipts, at the
Massachusetts hospital for dipsomaniacs and inebriates,
during the year ending on the thirty-first day of Decem-
ber in the year eighteen hundred and ninety-six.

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

Apjiroved January 31, 1896.

36

Acts, 1896. — Chaps. 47, 48, 49.

Chai^. 47. A^ '^c-^

MAKING AN APPROPKIATION FOR THE MEDFIELD INSANE
ASYLUM LOAN SINKING FUND.

Medfield Insane
Asylum Loan
Sinking Fund.

Be it enacted, etc. , as foUoivs :

Section 1. The sum of twenty-five thousand eight
hundred dollars is hereby appropriated, to be paid out
of the treasury of the Commonwealth from the ordinary
revenue, for the Medfield Insane Asylum Loan Sinking
Fund, as provided for in section one of chapter three
hundred and ninety-one of the acts of the year eighteen
hundred and ninety-four, said sum being the estimate of
the treasurer and receiver general.

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

Approved January 31, 1896.

ChciD. 48. ^^ ■^^'^ MAKING APPROPRIATIONS FOR CARRYING OUT THE PRO-
VISIONS OF THE ACT RELATING TO THE EMPLOYMENT OF LABOR
IN THE PRISONS OF THE COMMONWEALTH.

Be it enacted, etc., as foUoivs :
Appropriations. Section 1. The sums hereinafter mentioned are ap-
propriated, to be paid out of the treasury of the Com-
monwealth from the ordinary revenue, for the purposes
specified, to meet expenses for the year ending On the
thirty-first day of December in the year eighteen hun-
dred and ninety-six, to wit : —

For maintaining industries at the state prison, a sum
not exceeding one hundred and sixty thousand dollars.

For maintaining industries at the Massachusetts re-
formatory, a sum not exceeding fifty thousand dollars.

For maintaining industries at the reformatory prison
for women, a sum not exceeding three thousand dollars.

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

Approved January 31, 1896.

Industries at
state prison.

Massachusetts
reformatory.

Reformatory
prison for
women.

Chai). 49. ^^ ^^"^ MAKING APPROPRIATIONS FOR THE SALARIES AND EXPENSES
OF THE HARI50R AND LAND COMillSSIONERS.

Be it enacted, etc., as foUoics :
Appropriations. Section 1. The sums hereinafter mentioned are ap-
propriated, to be paid out of the treasury of the Com-
monwealth from the ordinary revenue, for the purposes
specified, to meet expenses for the year ending on the

Acts, 1896. — Chaps. 50, 51. 37

thirty-first day of Deceml^er in the year eighteen hundred
and ninety-six, to wit : —

For the salaries of the harbor and land commissioners, Harbor and

„ , , Tin '"D'^ commis-

si Xty -tour hundred dollars. sioners.

For compensation and expenses of the engineer, for clerical aBsist-
clerical and other assistance authorized by the harbor and "'"'*''
land commissioners, a sum not exceeding six thousand
dollars.

For travellino; and other necessary expenses of the Travelling

~ , . ^ i ... , expenses, etc.

harbor and land commissioners, a sum not exceeding six
hundred dollars.

For incidental and contingent office expenses of the ornce expenses.
harbor and land commissioners, a sum not exceeding
eight hundred dollars.

For expenses in connection with the care and supervi- P'"o^>°<'e '^°d^-
sion of the province lands in the town of Provincetown,
to be expended under the direction of the harbor and land
commissioners, a sum not exceeding thirty-five hundred
dollars.

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

Approved February 6, 1896.

An Act making an appropriation for the Massachusetts QJkij)^ 50,
institute of technology.

Be it enacted^ etc.^ asfolloios:

Section 1. The sum of twentv-seven thousand dollars Masgachusetts

, •11 '"i ^1 /• Institute of

IS hereby appropriated, to be paid out oi the treasury oi Technology.
the Commonwealth from the ordinary revenue, to the
Massachusetts Institute of Technology, as provided for
by chapter seventy of the resolves of the year eighteen
hundred and ninety-five.

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

Approved February 6, 1896.

An Act making appropriations for the disposal of sewage (JJkxt), 51,
from the massachusetts school for feeble-minded.

Be it enacted^ etc. , as follows :

Section 1. The sums hereinafter mentioned are ap- Appropriations.
propriated, to be paid out of the treasury of the Com-
monwealth from the ordinary revenue, for the purposes
specified, to meet expenses for the year ending on the
thirty-first day of Decemlier in the year eighteen hundred
and ninety-six, to wit: —

38 Acts, 1896. — Chaps. 52, 53.

MaBBachiisetts YoY tliG citj of Waltliam, the sum of sixteen thousand
Feeble-minded, nine hundred and forty-nine dolhirs and ninety-six cents,
beiui? the proportionate assessment upon the Massachu-
setts School for Feeble-minded for expense of construc-
tion of the system of disposal of sewage from said school,
as provided for in section two of chapter eighty-three
of the acts of the year eighteen hundred and ninety-
three.
Sewage dis- YoY tlic city of Waltham, for the annual assessment

due from the Commonwealth towards maintaining and
operating said system of sewage disposal, the sum of tive
hundred twenty-six dollars and eight cents, as provided
for in section three of chapter eighty-three of the acts of
the year eighteen hundred and ninety-three.

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

Aj)proved February 6, 1896.

Chan 52 ^^ ^^^ making ArPKOPRTAXIONS FOR THE COMPENSATION OF THE
BUILDING COMMITTEE AND EXPENSES OF THE TRUSTEES OF THE
MEDFIELD INSANE ASYLUM.

Be it enacted, etc. , as foUoics :

Appropriations. Section 1. The suuis hereinafter mentioned are ap-
propriated, to be paid out of the treasury of the Com-
monwealth from the ordinary revenue, for the purposes
specified, to meet expenses for the year ending on the
thirty-first day of Decemlier in the year eighteen hundred
and ninety-six, to wit : - —

Medfieid insane YoY tlic comneusation of the buildinof committee of the

asylum, build- -^ ^ -, r, ■• -, . ■, • , r> i S iin

ing committee. Medfieid insauc asylum, sixty -five hundred dollars.
ExpenseBof Por travelling and other necessary expenses of the

trustees of the Medfieid insane asylum, to include ofiice
rent, clerk hire and telephones, postage, stationery and
telegrams, a sum not exceeding twenty-six hundred and
seventy-five dollars.

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

Approved February 6, 1896.

trustees.

Chap. 53.

An Act to extend the corporate existence of the hanover
street railway compajsty.

Be it enacted, etc., as follows:
Time extended. Section 1. The corporatc cxistcnco of the Hanover
Street Railway Company is hereby extended for a further

Acts, 1896. — Chaps. 54, 55. 39

term of one year, subject to all general laws relating to
such corporations.

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

Approved February 6, 1896.

An Act making an ArrROPKiATioN for the payment of tuition (JJiQp^ 54.

OF CHILDREN ATTENDING A HIGH SCHOOL OUTSIDE THE TOWN IN
WHICH THEY RESIDE.

Be it enacted, etc., as follows:

Section 1. The sum hereinafter mentioned is ap- Appropriation.
propriated, to be paid out of the treasury of the Com-
monwealth from the ordinary revenue, for the purpose
specitied, to meet expenses for the year ending on the
thirty-first day of December in the year eighteen hundred
and ninety-six, to wit : —

For the payment by the Commonwealth of tuition of ^"ij"°°y°^,
children attending a high school outside the town in towns having no
which they reside, of any town in which a high school or
school of corresponding grade is not maintained, a sum
not exceeding five thousand dollars.

Section 2. This act shall take efiect upon its passage.
-^ App)roved February 6, 1896.

An Act making appropriations for salaries and expenses nj^fjrn ^5

AT the state prison. "^

Be it enacted, etc. , as follows :

Section 1. The sums hereinafter mentioned are ap- Appropriations.
propriated, to be paid out of the treasury of the Com-
monwealth from the ordinary revenue, for the purposes
specified, to meet expenses for the year ending on the
thirty-first day of December in the year eighteen hundred
and ninety-six, to wit : —

For the })ayment of salaries at the state prison, a sum state prison.
not exceeding seventy-five thousand five hundred dollars.

For current expenses at the state prison, a sum not ex- Expenses.
ceeding eighty-five thousand dollars.

For the necessary repairs to the warden's, deputy Repairs.
warden's and ofiicers' houses, a sum not exceeding five
hundred dollars.

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

Approved February 6', 1890.

40

Acts, 1896. — Chaps. 56, 57, 58.

07)07) 'ifi -^^ ^'-''^ MAKING AN APPROPRIATION FOR THE COMPENSATION OF
-^ ' ' INSPECTORS OF ANIMALS AND PROVISIONS.

Be it enacted, etc., as follows:
Appropriation. Section 1. TliG sum hereinafter mentioned is appro-
priated, to be paid out of the treasury of the Common-
wealth from the ordinary revenue, for the purpose
specified, to meet expenses for the year ending on the
thirty-first day of December in the year eighteen hundred
and ninety-six, to wit : —

For the compensation of inspectors of animals and pro-
visions, as provided for by chapter four hundred and
seventy-six of the acts of the year eighteen hundred and
ninety-five, a sum not exceeding ten thousand dollars.
Section 2. This act shall take effect upon its passage.

Approved February 6, 1896.

Inspectors of
animals and
provisionB.

Chap, 57.

May issue
bonds, notes or
scrip, etc.

P. S. 29, etc.,
to apply.

Chap. 58.

Appropriations.

An Act to authorize the town of natick to refund a portion
of its indebtedness.

Be it enacted, etc., as folloios:

Sectiox 1. The town of Natick, for the purpose of
refunding a portion of its indebtedness at present exist-
ing, may issue bonds, notes or scrip to an amount not
exceeding one hundred and twenty-five thousand dollars,
payal)le in periods not exceeding thirty years from the
date of issue and bearing interest payable semi-annually
at a rate not exceeding six per cent, per annum. Said
bonds may be sold at public or private sale, and the pro-
ceeds shall be used to discharge an equal amount of the
existing indebtedness of said town. The provisions of
chapter twenty-nine of the Pul)lic Statutes and of acts
in amendment thereof and in addition thereto shall in
all other respects, so far as applicable, apply to the
indebtedness authorized by this act and the securities
issued therefor.

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

Ajyproved February 6, 1896.

An Act making appropriations for salaries and expenses
AT the Massachusetts reformatory.

Be it enacted, etc., as foUotvs :

Section 1. The sums hereinafter mentioned are ap-
propriated, to be paid out of the treasury of the Com-

Acts, 1896. — Chaps. 59, 60. 41

monwealth from the ordinary revenue, for the purposes
specified, to meet expenses for the year ending on the
thirty-first day of December in the year eighteen hun-
dred and ninety-six, to wit : —

For the payment of the salaries of officers at the Mas- MassachuBetts
sachusetts reformatory, a sum not exceeding seventy-eight '*^ °""" °^^'
thousand nine hundred dolhirs.

For salaries and wages of instructors, teachers and u?acherl?"rc.
other employees at the Massachusetts reformatory, a
sum not exceeding twenty-four thousand nine hundred
dollars.

For current expenses at the Massachusetts reformatory, ExpenseB.
a sum not exceeding one hundred and eleven thousand
dollars.

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

Ax)proved February 6, 1896.

An Act making an appropriation for current expenses at (J]iap. 59.

THE MEDFIELD INSANE ASYLUM.

Be it enacted, etc., asfolloios:

Section 1. The sum of fifty thousand dollars is Medfieid insane
hereby appropriated, to be paid out of the treasury of
the Cyommonwealth from the ordinary revenue, for the
payment of current expenses at the Medfield insane asy-
lum, during the year ending on the thirty-first day of
December in the year eighteen hundred and ninety-six.

Section 2. This act shall take eft'ect upon its passage.

Aj)proved February 6, 1896.

An Act making appropriations for salaries and expenses Qfidj)^ (50.

AT THE REFORMATORY PRISON FOR WOMEN.

Be it enacted, etc., as follows:

Section 1. The sums hereinafter mentioned are ap- Appropriations.
propriated, to be paid out of the treasury of the Com-
monwealth from the ordinary revenue, for the purposes
specified, to meet expenses for the year ending on the
thirty-first day of December in the year eighteen hundred
and ninety-six, to wit : —

For the payment of salaries, wages and labor at the Reformatory

/. . • j> . T prison for

reiormatory prison tor women, a sum not exceeding women.
twenty-five thousand dollars.

For current expenses at the reformatory prison for Expenses.
women, a sum not exceeding thirty-two thousand dollars.

42 Acts, 1896. — Chaps. 61, 62.

Sewage jtqj. ^lie towii of Framingliam, toward the annual ex-

iBposa . pgjjse of maintainino- and operating the system of sewage

disposal at the reformatory prison for women, the sum
of six hundred doUars.

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

A^jproved February 6, 1896.

OhaV 61. ^^ ^'^'^ MAKING APPROPRIATIONS FOR SALARIES AND EXPENSES

AT THE STATE ALMSHOUSE.

Be it enacted., etc., as foUoics :
Appropriations. Section 1. Thc sums hereinafter mentioned are ap-
propriated, to be paid out of the treasury of the Com-
monwealth from the ordinary revenue, for the purposes
specified, to meet expenses for the year ending on the
thirty-first day of December in the year eighteen hundred
and ninety-six, to wit : —

For the payment of salaries, wages and labor at the
state almshouse, a sum not exceeding thirty-three thou-
sand one hundred dollars.
Expenses. Yov currcut expcuscs at the state almshouse, a sum not

exceeding one hundred thousand dollars.

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

Approved February 6', 1S96.

State alms
house.

CJlClV. 62. ^^ ^^'^ MAKING APPROPRIATIONS FOR SALARIES AND EXPENSES

AT THE STATE FARM.

Be it enacted, etc., as folloics :

Appropriations. SECTION 1. The sums hereinafter mentioned are ap-
propriated, to be paid out of the treasury of the Com-
monwealth from the ordinary revenue, for the purposes
specified, to meet expenses for the year ending on the
thirty-first day of December in the year eighteen hundred
and ninety-six, to wit : —

State farm. YoY the payment of salaries, wages and labor at the

state farm, a sum not exceeding thirty-two thousand
dollars.

Expenses. YoY curreut expenses at the state farm, a sum not ex-

ceeding eighty-two thousand nine hundred dollars.

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

Approved February 6, 1896.

Acts, 1896. — Chaps. 63, 64. 43

An Act making appropriations for salaries and expenses (JJiaj). 63.

AT THE STATE INDUSTRIAL SCHOOL FOR GIRLS.

Be it enacted^ etc., as folloivs :

Section 1. The sums hereinafter mentioned are ap- Appropriations.
propriated, to be paid out of the treasury of the Com-
monwealth from the ordinary revenue, for the purposes
specified, to meet expenses for the year ending on the
thirty-first day of December in tlie year eighteen hundred
and ninetj-six, to wit : —

For the payment of salaries, wages and labor at the state industrial
state industrial school for girls, a sum not exceeding ^"^ °° orgirs.
eleven thousand five hundred dollars.

For current expenses at the state industrial school for Expenses.
girls, a sum not exceeding sixteen thousand two hundred
and seventy-five dollars.

For expenses in connection with boarding out younger Boarding out
girls from the state industrial school, a sum not exceed- y°"°^'^'' 8*'' *•
ing five hundred dollars.

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

Approved February 6, 1896.

An Act making appropriations for the payment of annuities
TO soldiers and others.

Chap. 64.

Be it enacted,, etc. , as follows :

Section 1. The sums hereinafter mentioned are ap- Appropriations.
propriated, to be paid out of the treasury of the Com-
monwealth from the ordinary revenue, for the payment
of annuities and pensions due from the Commonwealth to
soldiers and others, during the year ending on the thirty-
first day of Deceml)er in the year eighteen hundred and
ninety-six, to wit : —

For annuities due from the Commonwealth, incurred Johonnot
by the acceptance of the bequest of the late Martha
Johonnot, a sum not exceeding three hundred dollars.

For annuities to soldiers and others, as authorized by Annuities to
the legislature, the sum of thirty-nine hundred and eighty ^°''^"'"' ®'"-
dollars.

For pensions authorized by the legislature, the sum of Pensions.
five hundred and twenty dollars.

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

Approved February/ 0, ISOG.

4:4

Acts, 1896. — Chap. 65.

Clio J). 65.

An Act making appropriations for salaries of employees

AND for other NECESSARY EXPENSES IN THE DEPARTMENT OF
THE SERGE ANT-4T- ARMS.

Be it enacted, etc., as follows:
Appropriations. SECTION 1. The sums hereinafter mentioned are ap-
propriated, to be paid out of the treasury of the Com-
monwealth from the ordinary revenue, for the purposes
specified, to meet expenses for the year ending on the
thirty-first day of December in the year eighteen hundred
and ninety-six, to wit : —

For the salaries of the chief engineer and other em-
ployees in the engineer's department, a sum not exceed-
ing ninety-eight hundred dollars.

For the salaries of the watchmen and assistant watch-
men at the state house, a sum not exceeding eleven
thousand one hundred dollars.

For the salaries of firemen, oilers and cleaners at the
state house, a sum not exceeding ten thousand four hun-
dred dollars.

For the salaries of the elevator men and expenses in
connection with the elevators at the state house, a sum
not exceeding sixty-eight hundred dollars.

For the salaries of the gardener and porters at the state
house, a sum not exceeding four thousand four hundred
dollars.

For rent of telephones and expenses in connection
therewith at the state house, a sum not exceeding thirty-
seven hundred and twenty-five dollars.

For fuel and lights at the state house, including coal,
water, gas and removal of ashes, a sum not exceeding
twenty-five thousand dollars.

For the care of the state house and grounds, including
repairs, and furniture and repairs thereof, and for such
expenses as may be necessary at the buildings numbered
five and six Mount Vernon street in the city of Boston,
now occupied by state departments, a sum not exceeding
twenty-five thousand dollars.

For the salaries of the messengers to the sergeant-at-
arms, known as sergeant-at-arms' messengers, including
an ofiice boy, a sum not exceeding forty-seven hundred
dollars.

For incidental and contingent expenses of the sergeant-
at-arms, a sum not exceeding three hundred dollars.

Engineer's
department.

Watchmen.

Firemen, etc.

Elevators.

Gardener and
porters.

Telephones.

Fuel and lights.

Care of state
house, etc.

Sergeant-at-
arms, messen-
gers.

Sereeantat-
arms, expenses

Acts, 1896. — Chaps. 66, 67. 45

For the salary of the stenographer of the sergeant-at- stenographer.
arms, a sum not exceedmg eight hundred dolhirs.

For the salary of the state house matron, a sum not ^'auon""^*"
exceeding eight hundred dollars.

For the salary of the janitor at the Commonwealth Commonwealth
building, a sum not exceeding nine hundred dollars. building.

For repairs, improvements, furniture, and other neces- Repairs, etc.

^ 1 /^ 1 1 1 M T J. Commonwealth

sary expenses at the Commonwealth building, a sum not building.
exceeding five thousand dollars.

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

A2)2)roved February 6, 1896.

An Act to katify the proceedings of st. petek's cuukch in (JJiap, QQ,

CAMDRIDGE.

Be it enacted^ etc., asfoUoivs:

Section 1 . The acts and proceedings of the Protestant £p°l^opai'Re.
Episcopal Religious Society in Cambridge, organized on |ifc3^,^°id*'e^
the seventeenth day of October in the year eighteen hun- proceedings
dred and forty-two, under the name of St. Peter's Church,
shall not be invalidated by any irregularity or informality
in such acts and proceedings between said date and the
date of the passage of this act ; and the organization of
said society and all its acts and proceedings, including
the action of said society in changing its name to the
Parish of St. Peter's Church, are hereby ratified and
declared valid.

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

Approved February 7, 1896.

CONFIRM CERTAIN PROCEEDINGS OF THE TOWN OF Qhai) {77
A SPECIAL TOWN MEETING HELD ON THE TWENTY-

An Act to
milton at a

ninth day of june in the year eighteen hundred and
ninety-five.

Be it enacted, etc., as follows:

Section 1. The proceedings of the special town meet- Proceediugs of
ing of the town of Milton, held on the twenty-ninth day meeting of
of June in the year eighteen hundred and ninety-five, armed.''""
shall not be invalid by reason of the omission in the war-
rant calling said meeting of a specification of the time of
opening the polls and the time of closing the polls for the
election of the board of sewer commissioners.

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

Approved February 7, 1896.

46 Acts, 1896. — Chaps. 68, 69, 70.

Chap. 68. ^^ ^^^"^ "^^ AUTHORIZE THE TOWN OF STONEHAM TO REFUND

CERTAIN TAXES.

Be it enacted, etc. , as follows :

IZVLuuT Section 1. The town of Stoneham is authorized to
certain taxes, refund to WilHs Eoss, pursuant to a vote of said town
passed on the sixth day of December in the year eighteen
hundred and ninety-five, the sum of one hundred and
seventy-two dollars and eighty-seven cents, being taxes
wrongfully assessed upon his estate during the years
eighteen hundred and seventy to eighteen hundred and
ninety-four, inclusive.

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

Aiiproved February 7, 1896.

(JJiap. 69. ^N Act MAKING APPKOl^RIATIONS FOR SALARIES AND EXPENSES

AT THE LYMAN SCHOOL FOR BOYS.

Be it evaded^ etc., as follows :

Appropriations. Section 1. The sums hereinafter mentioned are ap-
propriated, to be paid out of the treasury of the Com-
monwealth from the ordinary revenue, for the purposes
specified, to meet expenses for the year ending on the
thirty-first day of December in the year eighteen hundred
and ninety-six, to Avit : —

Fo^oyr''""' For the payment of salaries, wages and labor at the
Lyman school for bo^^s, a sum not exceeding twenty-
seven thousand dollars.

Expenses. ^Qv currcut expenses at the Lyman school for ]>oys, a

sum not exceeding forty thousand dollars.

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

Apxiroved February 7, 1896.

Chap. 70. '^^"^ -^^^ MAKING APPROPRIATIONS FOR SUNDRY MISCELLANEOUS

EXPENSES AUTHORIZED BY' LAW.

Be it enacted, etc., as follows :
Appropriations. Section 1. The sums hereinafter mentioned are ap-
propriated, to be paid out of the treasury of the Com-
monwealth from the ordinary revenue, for the purposes
specified, to meet expenses for the year ending on the
thirty-first day of December in the year eighteen hundred
and ninety-six, to wit : —
uuci^raed For the payment of unclaimed moneys in the hands

moueys. ^^ recclvers of certain insolvent corporations, after the

Acts, 1896. — Chap. 71. 47

same have been deposited in the treasury o-f the Com-
monwealth, a sum not exceeding three thousand dollars.

To carry out the provisions of the act relative to the Payment of
payment from the treasury of the Commonwealth of froVpubMc ad-
funds received from public administrators, a sum not ex- "^'nistiaiors.
ceeding four thousand dollars.

For medical examiners' fees, a sum not exceeding live Medical

,-,,--- "■' examiners' fees.

liundred dollars.

For expenses incurred in the construction and repair Repairs, etc.,
of roads in the town of Mashpee during the year eighteen Mashpee.
hundred and ninety-tive, the sum of three hundred dol-
lars.

For assistance to the town of Truro in maintaining a Beach I'oint

_. i>i 1 T-»i-r»'j- road in I ruro.

section oi its county highway, known as lieach Foint
road, a sum not exceeding five hundred dollars.

For the supi^ort of Sarah J. Robinson, a prisoner in support of

1 • •! T 11 • 1 {• n/i- 1 11 X Sarah J. llobin-

the jail at Lowell in the county oi Middlesex, a sum not son.
exceeding four hundred dollars.

For the compensation of i)robation officers, as author- Probation

• r»i 1 111 1 1^1' oilicers, com-

ized by section seven oi cha})ter three hundred and fiity- pensation.
six of the acts of the year eighteen hundred and ninety-
one, a sum not exceeding six hundred dollars.

For small items of ex})enditure for which no appropri- Expenditure."*
ations have been made, or for which apijropriations have
been exhausted or have reverted to the treasury of the
Commonwealth in previous years, a sum not exceeding
one thousand dollars, to be expended under the direction
of the auditor of the Commonwealth.

For furnishing cities and towns with liallot l)oxes, and R^iiot boxes.
for repairs to the same, a sum not exceeding five thou-
sand dollars.

For furnishing registrars of voters in the cities and bofea!"^'^*'""
towns ot the Commonwealth with suitable registration
l)oxes, a sum not exceeding five hundred dollars.

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

A2ypToved February 7, 1896.

An Act making an appropriation for the payment of a (IJicin. 71.
.tud<;ment entered in the superior court in favor of The-
odore E. DAVIS AGAINST THE COMMONWEALTH.

Be it enacted, etc. , as folloivs :

Section 1. A sum not exceeding eighteen thousand ^u7™^eut°Q
one hundred eighty-six dollars and thirty-eight cents is favor of Theo-

^^ " I/O dor« E. Davis.

48 Acts, 1896. — Chaps. 72, 73, 74.

hereby appropriated, to be paid out of the treasury of
the Commonwealth from the ordinary revenue, for the
payment of a judgment entered in the superior court
against the Commonwealth in favor of Theodore E.
Davis, being for the full amount of his claim, legal costs
and interest until paid.

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

Approved Fehriiary 7, 1896.

GJlCLT) 72. ^^ ^'^^ MAKING AN APPROPRIATION FOR OPERATING THE CHARLES

RIVER VALLEY SYSTEM OF SEWERAGE,

He it enacted., etc., as follows :

vaueysyitem Section 1. A sum not cxceediug thirty thousand dol-
of sewerage. jj^rg jg hcrcby appropriated, to be paid out of the treasury
of the Commonwealth from the ordinary revenue, for the
purpose of providing for the cost of the maintenance and
operation of the system of sewage disposal for the cities
of Boston, Newton and Waltham, and the towns of
Watertown and Brookline, known as the Charles Eiver
Valley System, during the year ending on the thirty-first
day of December in the year eighteen hundred and
ninety-six.

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

Approved February 7, 1896.

Chan 73 ■^^ ^^^ ^^ better define the days of REGISTRATION OF VOTERS.

Be it enacted., etc., as follows:
Registration of Section 1 . When the last day for the registration of

voters. . , "^ . ~

voters before an election in any city or town falls on a
holiday, then the day preceding such holiday shall be the
last day for such registration.

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

Approved February 12, 1896.

Chap.74:.

An Act to change the name of the clarke institution for
deaf mutes.

Be it enacted, etc., as folloivs :

Name ciianged. Section 1. Tlic nauic of the corporation now known
as the Clarke Institution for Deaf INIutes, in the city of
Northampton, is hereby changed to that of The Clarke
School for the Deaf.

Acts, 1896. — Chap. 75. 49

Section 2. All devises, bequests, conveyances and ^^^q^^^^'-^^^^
gifts heretofore or hereafter made to said corporation by
either of said names shall vest in the corporation of The
Clarke School for the Deaf.

Section 3. This act shall take efiect upon its passage.

A2)2)roved February 12, 1896.

An Act making APrROPKiAxiONS for deficiencies in appro- (JJiaj). 75.

PRIATIONS FOB CERTAIN EXPENSES AUTHORIZED IN THE YEAR
EIGHTEEN HUNDRED AND NINETY-FIVE.

Be it enacted, etc., asfoUoius:

Section 1. The sums hereinafter mentioned are ap- Appropriations.
propriated, to be paid out of the treasury of the Com-
monwealth from the ordinary revenue, for the payment of
certain expenses in excess of the appropriations therefor
in the year eighteen hundred and ninety-tive, to wit : —

For registration books and blanks, the sum of one Registration
hundred and fifty-three dollars and fifty cents. M&uka.

For contingent expenses of the state military and naval ^avarhfstorlan.
historian, the sum of one hundred forty-two dollars and
thirty-three cents.

For expenses of the railroad commissioners, the sum Railroad com.
of eighty-two dollars and forty-nine cents. "xpeMes"'

For reimlnirsement to cities and towns for money paid ^'filfarlid
on account of state and military aid to Massachusetts
volunteers and their families, the sum of twenty-eight
hundred thirty-one dollars and sixty cents.

For education of deaf pupils, the sum of forty-five Education of
hundred eighty-four dollars and tw^elve cents. ^^ ^"^^ ^"

For expenses in connection with repairs and improve- Normal school
ments at the state normal school at Worcester, the sum ^
of seventy-six hundred sixty-seven dollars and ninety-
nine cents.

For the expenses of the commissioners on inland onTn"ind°°*'"
fisheries and game, the sum of five hundred nineteen fisheries and

• • game.

dollars and thirty-nme cents.

For expenses in the ofiice of the attorney-general, the Attorney-
sum of eighty-five dollars and seventy-nine cents. genera.

For the purchase of paper for the Commonwealth, Purchase of
used in carrying out the state printing contract, the sum
of fifty-one hundred ninety-eight dollars and twenty-four
cents.

For printing ballots used in state and national elec- Priuung, baiiots.

60 Acts, 1896. — Chap. 76.

tions, the sum of nineteen hundred fifteen dollars and
thirty cents.

state paupers in YoY the support and relief of state paupers in state

ta"B"etc.°*^*" lunatic hospitals and asylums of the Commonwealth, the
sum of thirty-three hundred fifty-seven dollars and sixty-
four cents.

Industrial YoT currcut expeuscs at the state industrial school for

girls, the sum of four hundred forty-eight dollars and five
cents.

Courts of in- YoY expcuscs of courts of insolveucv, the sum of three

solvency. tt- in -i • ^

hundred sixty-seven dollars and eighty cents.
Ballot boxes. ^oY ballot boxcs for citics and towns, the sum of ninety

dollars and eighty-five cents.
Contagious YoY expcuscs ill connectiou with the extermination

diseases among f ,

animals. of coiitagious diseascs among horses, cattle and other

animals, the sum of twenty thousand fifty-two dollars

and twenty-one cents.

recelvergenerai, ^^r incidental and contingent expenses in the depart-

expenses. meut of tlie trcasurcr and receiver general, the sum of

eight hundred seven dollars and ninety-six cents.

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

Approved February 12, 1896.

CllttV' 76. ^^ ^^'^ MAIvlNG APPKOPRIATIONS FOR SALARIES AND EXPENSES OF
AGENTS, AND CERTAIN OTHER EXPENSES OF THE TRUSTEES OF
THE LYMAN AND INDUSTRIAL SCHOOLS.

Be it enacted, etc., as follows:

Appropriations. Section 1. Tlic sums hereinafter mentioned are ap-
propriated, to be paid out of the treasury of the Com-
monwealth from the ordinary revenue, for the purposes
specified, to meet expenses for the year ending on the
thirty-first day of December in the year eighteen hundred
and ninety-six, to wit : —

d'usTr'iui''schooiB For salaries and expenses of such agents as the trustees

agents. ' of tlic Lymau and industrial schools may deem necessary

to employ, a sum not exceeding five thousand dollars.

^wwrlnf °"' I^^or expenses in connection with boarding out children,

by the trustees of the Lyman and industrial schools, a
sum not exceeding three thousand dollars.

For travelling and other necessary expenses of the
trustees of the Lyman and industrial schools, a sum not
exceeding one thousand dollars.

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

Approved February 15, 1896,

Trustees, ex-
penses.

Acts, 1896. — Chaps. 77, 78, 79. 51

An Act maiong an appropriation for operating the north njiajy 7'7

METROPOLITAN SYSTEM OF SEWERAGE.

Be it enacted^ etc., as follows:

Section 1. A sum not exceeding ninety-one thou- North Metro-
sand five hundred dollars is hereby appropriated, to be of sewerJge!""
paid out of the treasury of the Commonwealth from
the ordinary revenue, for the purpose of providing for
the cost of the maintenance and operation of the system
of sewage disposal for the cities of Boston, Cambridge,
Somerville, Maiden, Chelsea, Woburn, Medford and
Everett, and the towns of Stoneham, Melrose, Win-
chester, Arlington and Belmont, known as the North
Metropolitan System, during the year ending on the
thirty-first day of December in the year eighteen hun-
dred and ninety-six.

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

A2:)2)roved February 15, 1896.

An Act relative to filing locations of lands purchased rjjtnj) 7g
FOR railroad purposes.

Be it enacted, etc., as follows:

Section 1 . Locations authorized to be filed under the Filing loca-
provisions of chapter three hundred and fifty-six of the fo°°raiiroad "
acts of the year eighteen hundred and ninety-five may, p"''p°*^^'
in case of lands heretofore purchased or acquired for rail-
road purposes, be filed within one year from the passage
of this act, in the same manner and with like effect as
provided by said act.

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

Approved February 15, 1896.

An Act to incorporate the shelburne falls and colrain QJiaj) 70

street railway company. "'

Be it enacted^ etc., as follows:

Section 1. Lorenzo Griswold, Charles A. Marcy, sheibume Faiis
Clifton L. Field, Whiting W. Cary, Edwin Baker, David i?r1.^t:nway
W. Temple, George W. Jenks, Herbert Newell, Free- pSd"^ '"'°'"
man L. Davenport, Albert J. Amstein, Hugo Mann,
Albert C. Bray, their associates and successors, are
here])y made a corporation under the name of the Shel-
burne Falls and Colrain Street Railway Company ; with

62 Acts, 1896. — Chap. 79.

all the powers and privileges and subject to all the duties,
conditions and restrictions set forth in all general laws
that now are or hereafter may be in force relating to
street railway companies.

^c! it8°ran way SECTION 2. Said compauy may locate, construct,

in certain towns, maintain and operate its railway in such manner as may
be convenient and necessary, in part upon private land,
and upon streets, highways or state roads, in the towns
of Buckland, Shelburne and Colrain, subject to the ap-
proval and under the control of the selectmen of the
respective towns, as provided by general law, and subject
also to the approval and consent of the Massachusetts
highway commission as to any part of said railway

Location. located upon a state highway. The location of said rail-

way outside the public streets and highways shall not
exceed fifty feet in width.

Motive power. Section 3. Said company may maintain and operate
its railway by any approved power other than steam,
and may erect and maintain poles and wires on private
lands taken, and, with the consent of the board of select-
men in the respective towns, may erect such poles and
wires in the streets and highways as may be necessary to

May acquire establish and maintain such motive power. It may ac-

necesaary real . , ^- ,^ ''

eatate. quirc by purchase or by lease all necessary real estate

for its power stations and other uses incidental to the
proper maintenance of its railway.
of*p?ila°e'prop^ Section 4. The proceedings for the fixing of the route
erty, etc. and locatiou of said railway for all the route outside of

streets and highways, and for the taking of private prop-
erty, and for the determination and payment of damages
therefor, shall be similar to those prescribed by general
law in relation to railroads, except as hereinafter other-
wise provided ; but if upon petition of the directors and
after notice and hearing thereon, as provided in section
twenty-one of chai)ter one hundred and thirteen of the
Public Statutes, the selectmen of any town agree with the
directors as to any proposed extension of the route of
said railway therein which is in part located on private
land, and the selectmen sign and give to the directors a
certificate setting forth such route, and if such certificate,
with the directors' acceptance thereof in writing, is re-
corded in the registry of deeds for the county of Frank-
lin within thirty days after the date of said certificate it
shall be deemed the true location of the tracks of the

Acts, 1896. — Chap. 79. 53

company and a taking of the private lands therein indi-
cated.

Section 5. The capital .stock of said company shall capital stock,
not exceed fifty thousand dollars, except that said com-
})any may increase its capital stock, subject to the provi-
sions of the general laws relative thereto.

Section 6. Said company, in order to meet expenses May issue mort-
incurred under this act, may issue bonds not exceeding ^"^^
the amount of its capital stock, and payable within a
period not exceeding thirty years from the date thereof,
secured l)y mortgage of its franchise and property, sub-
ject to the general laws relative thereto ; and in such
mortgage may reserve to its directors the right to sell
or otherwise in due course of business to dispose of
property included therein which may become unsuitaljle
for use, provided an equivalent in value is substituted
therefor.

Section 7. Said company is hereby authorized to May carry on

., •!. 1, jii • c business of a

use its said tracks to carry on the business oi a common common carrier
carrier of goods and merchandise and for the transporta- '^^ ^°°*^*' ^^°'
tion of freight upon and over any street or highway or
over any private land upon which it may be authorized
to construct its tracks as aforesaid, subject to the provi-
sions of chapter seventy-three of the Pul)lic Statutes and
of all laws relating to common carriers.

Section 8. The towns of Shelburne, Buckland and ^tyhoid°cIpiui
Colrain or any of them may subscribe for and hold shares sto^ij, etc.
of the capital stock or the bonds of said company, to the
same amount and in the same manner as prescribed by
general law in relation to railroads.

Section 9. No stock or bonds shall be issued under issue of stock,
this act until the terms of such issue have been sul^mitted proved. ^ "^
to the board of railroad commissioners and approved by
them, and if they approve such issue a certificate setting
forth such approval shall be executed by said board and
filed by said company in the office of the secretary of the
Commonwealth ,

Section 10. The authority herein granted shall cease Authority to

J, 11 ,. • i' 1 *" ,. f l^ cease under

as to the location in any town where no portion oi the certain condi-
proposed road has been built and put in operation at the '''°°*'
end of five years from the passage of this act.

Section 11. This act shall take efiect upon its passage.

Approved February 15, 1896.

54

Acts, 1896. — Chaps. 80, 81.

ChCl'D 80 -^^ ^^^ "^^ AUTHORIZE THE REVERE RUBBER COMPANY TO INCREASE

May increase
capital stock.

ITS CAPITAL STOCK.

Be it enacted,, etc.j as foUotvs :

The Revere Rubber Company may increase its capital
stock, in the manner provided by law for the increase of
the capital stock of manufacturing corporations, and in
such amounts as it may from time to time determine :
provided, that the whole amount of its capital stock shall
not exceed three million dollars.

Approved February 15, 1S96.

Chap. 81. An Act

Chilmaik pond,
etc., may be
leased for culti-
vating hsh.

Proviso.

Limits of pond,
etc., may be
fixed.

Commissioners
to have custody
of leases, etc.

TO AUTHORIZE THE COMMISSIONERS ON INLAND FISHERIES
AND GAME TO LEASE CHILMARK POND IN THE TOWN OF CHILMARK.

Be it enacted, etc., as follows:

Section 1. The commissioners on inland fisheries and
game, or any two of them, may, in the name of the Com-
monwealth, lease for terms not exceeding twenty years
the great pond known as Chilmark pond, in the town of
Chilmark, and any of the arms, coves and bays connected
therewith, for the purpose of cultivating useful fish, for
such periods of time and on such terms and conditions
as they may judge the public interest to require : p)'o-
vided, that nothing in this act shall impair or abridge the
right of any citizen of the Commonwealth to take fish in
said pond or the waters connected therewith by hook and
line, at such times and under such restrictions and limita-
tions as are permitted under any laws of the Common-
wealth now or hereafter enacted relating to the taking of
fish by hook and line.

Section 2. The commissioners on inland fisheries and
game may fix the limits of said pond, and the arms, coves
and bays connected therewith, which limits being re-
corded in the registry of deeds for Dukes County shall
be taken to be the legal limits thereof for all the pur-
poses of this act.

Section 3. Said commissioners shall have the custody
of all leases made under the provisions of this act, and
may cause any agreements, rights, reservations, forfeit-
ures and conditions therein contained to be enforced ;
and for that purpose may institute proceedings in the
name of the Commonwealth, and may take possession
of any premises for breach of conditions of said lease,

Acts, 1896. — Chaps. 82, 83. 55

and after revesting the Commonwealth therewith may
again lease the same.

Section 4. This act shall take eifect upon its passage.

Approved February 15^ 1896.

An Act authorizing the boston female asylum to hold ad- (Jhrtj) g9

DITIONAL REAL AND PERSONAL ESTATE.

Be it enacted^ etc., as folloivs :

Section 1. The Boston Female Asylum may hold Mayhoidaddi-

"^ "^ tional estate.

real and personal estate to an amount not exceeding
seven hundred and fifty thousand dollars.

Section 2. So much of section one of chapter forty- certain provi-
nine of the acts of the year eighteen hundred and three repealed.''
as relates to the annual income which said corporation
may receive is hereby repealed.

Section 3. This act shall take effect upon its passage, when to take
but shall not become operative until accepted by vote of
the corporation. Ap2Jroved February 15, 1S96.

effect.

An Act to authorize the Gloucester street railway com-
pany TO LEASE THE GLOUCESTER AND ROCKPORT STREET RAIL-

Chaj). 83.

Be it enacted, etc., as foIIoivs :

Section 1. The Gloucester Street Railway Company May lease fran-
is hereby authorized to lease the railway, franchise, prop- certain*^8treet
erty, rights and easements of the Gloucester and Rock- pauyfetc."""
port Street Railway Company ; and the Gloucester and
Rockport Street Railway Company is herel)y authorized
to lease the same to the Gloucester Street Railway Com-
pany, which latter company shall, upon such lease and
in accordance with the terms thereof, have and enjoy the
powers and privileges, and) be subject to the duties,
liabilities and restrictions of the said Gloucester and
Rockport Street Railway Company : jwovided, however. Proviso.
that no such lease shall be valid or binding until the
terms thereof have been agreed to by a majority of the
directors of each of said companies, and by a majority
in interest of their respective stockholders at meetings
duly called for the purpose, and approved by the board
of railroad commissioners in the manner provided by
law.

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

Approved February 15, 1896.

56

Acts, 1896. — Chap. 84.

pany incorpo
rated.

buildings, etc.

QllCLT)' 84. ^^ ^'^'^ "^^ INCORPORATE THE SPRINGFIELD CITY MARKET COMPANY.

Be it enacted, etc., as folloivs:

Kft^com^"^ Section 1. Daniel B. Wesson, Elisha Morgan, Charles
H. Parsons, Warren D. Kinsman, Alfred N. Mayo, John
S. Sanderson, Orlando M. Baker and Robert A. Knight,
their associates and successors, are hereby made a corpo-
ration by the name of the Springfield City Market Com-
pany, subject to the provisions of chapter one hundred
and five of the Public Statutes and to all general corpo-
ration laws which now are or hereafter may be in force
relating to such corporations, and shall have the powers
and be subject to the liabilities and restrictions therein
prescribed,
^r cenai'n real SECTION 2. Said corporatiou may purchase and bold
estate, erect real cstatc situatcd in Springfield within the limits of the
tract bounded by D wight. Bridge, Hillman and Barnes
streets, and may sell, mortgage, let, lease and improve
the same, and may erect buildings and structures thereon,
to be used as a market and for such other purposes as
may be deemed necessaiy and expedient.

Section 3. The capital stock of said corporation shall
be sixty thousand dollars, and shall be divided into shares
of one hundred dollars each : jjrovided, that no stock shall
be issued until the whole amount of said capital stock shall
have been paid in, either in cash or property, the value
of which property, if any, shall be determined by the
commissioner of corporations.

Section 4. Said corporation may from time to time
increase its capital stock in amounts not to exceed in the
aggregate the further sum of one hundred and forty
thousand dollars : provided, that no shares in such in<=
creased capital stock shall be issued for a less sum to be
actually paid in on each share in cash or property than
the par value thereof, which shall not be less than one
hundred dollars, the value of said property to be deter-
mined as aforesaid ; and j^^'ovided, also, that a certificate
stating the amount of any such increase shall within ten
days thereafter be made, signed and sworn to by its
president and treasurer and a majority of its directors,
and be filed in the office of the secretary of the Common-
wealth.

Section 5. This act shall take effect upon its passage.

Approved February 13, 1896.

Capital stock.

Proviso.

May increase
capital stock.

Provisos.

Acts, 1896. — Chaps. 85, 86, 87. 57

An Act making an appropriation for operating the nepon- QJiap. 85.

SET river valley SYSTEM OF SEWAGE DISPOSAL.

Be it enacted, etc., as follows :

Section 1. A sum not exceeding twenty-five hundred ^^^[;°y°^fg,'"^'rif''
dollars is hereby appropriated, to be paid out of the treas- of^sewage dis-
ury of the Commonwealth from the ordinary revenue, for
the cost of the maintenance and operation of the Neponset
river valley system of sewage disposal, during the year
ending on the thirty-first day of December in the year
eighteen hundred and ninety-six.

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

Approved February 13, 1896.

An Act relative to the printing of the reports of the QJidrp^ gg^

CIVIL SERVICE commission.

Be it enacted, etc. , as follows :

Section seven of chapter three hundred and ninety-three i894, 393. § 7,
of the acts of the year eighteen hundred and ninety-four '""*'°
is hereby amended by striking out the words "Report
of the civil service commission, seven thousand copies",
and inserting in place thereof the words : — Report of
the civil service commission, ten thousand copies.

App7-oved February 15, 1896.

An Act making an appropriation for the payment of cer- CiJ^ffj^ 87

TAIN expenses IN CONNECTION WITH THE PROTECTION OF THE
PURITY OF INLAND WATERS.

Be it enacted, etc., as follows :

Section 1. The sum hereinafter mentioned is appro- Appropriation.
priated, to be paid out of the treasury of the Common-
wealth from the ordinary revenue, for the payment of
certain expenses in connection with the protection of the
purity of inland waters, during the year ending on the
thirty-first day of December in the year eighteen hundred
and ninety-six, to wit : —

For services of engineers, chemists, bioloo-ists and Punty of inland

~ ' ' ~ waters, ex-

other assistants, and for other expenses made necessary penses.
and authorized by chapter three hundred and seventy-five
of the acts of the year eighteen hundred and eighty-eight,
a sum not exceeding thirty thousand dollars.

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

Ajjproved February 15, 1896.

58 Acts, 1896. — Chaps. 88, 89, 90.

ChaV. 88. ^^ ^^^ MAKING APPROPRIATIONS FOR THE SALARIES AND EXPENSES
OF THE STATE MILITARY AND NAVAL HISTORIAN.

Be it enacted, etc. , as folloivs :

Appropriations. Section 1. The sums hereinafter mentioned are ap-
propriated, to 1)6 paid out of the treasury of the Com-
monwealth from the ordinary revenue, for the purposes
specified, to meet expenses for the year ending on the
thirty-first day of December in the year eighteen hundred
and ninety-six, to wit : —

^^iafhUorlan. ^o^' *^^^ salaiy of the state military and naval historian,
eight hundred and thirty-three dollars and thirty-three
cents.

ExpenseB. ^qy neccssaiy expenses, including postage, stationery,

travelling expenses, ofiice hire and clerical assistance, a
sum not exceeding seven hundred and fifty dollars.

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

Approved February 15, 1896.

GJldp. 89. An Act to authorize the city op chicopee to make an

ADDITIONAL WATER LOAN.

Be it enacted, etc., as follows :
wite?slppiy'*' Section 1. The city of Chicopee, for the purposes
1896"''^*'*°^ mentioned in chapter three hundred and eighty-four of
the acts of the j'car eighteen hundred and ninety-two, is
hereby authorized to issue notes, bonds or scrip, to be
denominated on the face thereof, Chicopee Public Water
Supply Loan, Act of 1896, to an amount not exceeding
forty-five thousand dollars in addition to the amounts
heretofore authorized by law to be issued by said city for
the same purposes ; said notes, bonds or scrip to be
issued upon the same terms and conditions and with the
same powers as are provided in said chapter three hun-
dred and eighty-four for the issue of the Chicopee public
water supply loan by said city.

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

A2)proved February 15, 1896.

Chap. 90. An Act to authorize the Berkshire cotton manufacturing

COMPANY TO increase ITS CAPITAL STOCK.

Be it enacted, etc., as folloivs:

faplterstock. Section 1. The Berkshire Cotton Manufacturing

Company may increase its capital stock, in the manner

Acts, 1896. — Chaps. 91, 92. 59

provided by law for the increase of capital stock of man-
ufacturing corporations, and in such amounts as it may
from time to time determine : p^vvided, that the whole Proviso,
amount of its capital stock shall not exceed two million
dollars.

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

Approved Fehnmry 15, 1896.

An Act to AUTiioinzE the; first unitarian church in peabody Qfidiy, 91,

TO ENLARGE ITS MEMBERSHIP AND TO MAKE SUCH BY-EAWS AS
IT COULD MAKE IF ORGANIZED UNDER THE GENERAL LAWS.

Be it enacted, etc. , as folloios :

Section 1. The First Unitarian Church in Peabody, May make addi.
originally known as the First Unitarian Church in Dan- '°°^ ^ ''"^*'
vers, may, notwithstanding anything in its charter con-
tained, make from time to time by-laws providing for the
enlargement of its membership, so as to include the pastor
of the society and occupants of pews, who shall, while
members of said corporation, have the same rights and
powers and be subject to the same liabilities as the present
members of said corporation ; and said corporation may
also from time to time make such by-laws concerning
other matters as it could make if organized under the
general laws relating to like corporations.

Section 2 . This act shall take effect upon its accept- when to take
ance by said corporation at a legal meeting called for the *
purpose. Approved February 15, 1896.

An Act making an appropriation for the expenses of the /^^^,^ oo

BOARD of commissioners FOR THE PROMOTION OF UNIFORMITY -^ ^

of LEGISLATION IN THE UNITED STATES.

Be it enacted, etc., as foUoivs :

Section 1. A sum not exceeding sixteen hundred commissionerB

t ^^ 1 • ^ j^ j • i ^ for promotion

seven dollars and eighty-seven cents is hereby appro- of uniformity
priated, to be paid out of the treasury of the Common- °n{h?uuHed
wealth from the ordinary revenue, being the unexpended peS,*'^"
balance of the amount of twenty-five hundred dollars
authorized in section five of chapter four hundred and
five of the acts of the year eighteen hundred and ninety-
one for expenses of the board of commissioners for the
promotion of uniformity of legislation in the United
States.

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

Ajyproved February 15, 1896.

60 Acts, 1896. — Chaps. 93, 94, 95.

ChaD 93 ^'^ ^^"^ '^^ AUTHORIZE THE PARK COMMISSIONERS OF THE TOWN
"' OF SWAMPSCOTT TO ERECT CERTAIN STRUCTURES FOR BOATING,

BATHING AND FISHING PURPOSES.

Be it enacted^ etc., as follows:
Certa|jj^[^j8tric- SECTION 1. The restrictions contained in section ten
apply- of chapter one hundred and iifty-four of the acts of the

year eighteen hundred and eighty-two shall not apply to
structures erected for boating, bathing and fishing pur-
poses by the park commissioners of the town of Swamp-
scott, by authority of said town, on beaches acquired or
to be acquired by the town.

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

Approved February 15, 1896.

ChaV' 94. "^^ ^^"^ ^^ AUTHORIZE THE TREMONT AND SUFFOLK MILLS TO
ENGAGE IN BUSLNESS BEYOND THE LIMITS OF THE COMMON-
WEALTH, AND TO INCREASE ITS CAPITAL STOCK.

Be it enacted, etc., asfolloios:
May engage in Section 1 . The Tremont and Suffolk Mills is hereby

business beyond
the limits of the
Commonwealth.

business oeyona ■, . ■, l^ ^ • f i- li-

the limits of the authorized to carry on the business ot purchasing, selling

and manufacturing cotton, or any other fibre or any prod-
uct thereof, in any part of the United States of America,
and to invest such portions of its capital stock in real and
personal estate, either within or without the Common-
wealth, as may be necessary or convenient for carrying
on its business.
fapitiistocr. Section 2. The Tremont and Suffolk Mills is hereby

authorized to increase its capital stock to an amount not
exceeding three million dollars.

Section 3. This act shall take effect upon its passage.

Approved February 15, 1896.

ChaV 95 ■^'^ ^^'^ PROVIDING FOR THE REMOVAL OF THE REMAINS OF THE
DEAD FROM THE OLD BURIAL GROUND IN MELROSE.

Be it enacted, etc. , as foUoios :

^raai'nsTf'dead, Section 1. The towH of Mclrosc may remove the
etc. ' remains of the dead and the monuments erected to their

memory from the old burial ground on Main street in
said town to the present Wyoming Cemetery in said town,
and may make use of said old burial ground for any pub-
lic purpose.

Acts, 1896. — Chaps. 96, 97. 61

Section 2. Said town shall fix a time for the removal JubUsh'^oUce!^
of said remains and monuments, and shall publish notice
thereof once each week for three successive weeks in some
newspaper published in said town, the last publication
thereof to be at least seven days before the time fixed for
said removal.

Section 3. Upon a request in writins; by any relative interment, etc.,

n • 1 n 1 • '"'ii'^ 1 in certain cases.

or iriend oi a person wiiose remains are to be removed,
said remains shall be interred and said monuments erected
in any other cemetery, said relatives or friends first pay-
ing the expenses of the removal and interment.

Section 4. The town of Melrose, at any legal town Town may
meeting called for the purpose, may raise and appro- cirtatn "um.*
priate for the purposes of this act a sum not exceeding-
one thousand dollars.

Section 5. This act shall take effect upon its passage.

Approved .February 15, 1896.

An Act to authorize certain charitable, educational and (Jhnryy Og

OTHER CORPORATIONS TO HOLD ADDITIONAL REAL AND PERSONAL
ESTATE.

Be it enacted^ etc.^ as foUoivs :

Section 1. Any corporation heretofore chartered by certain corpora.

jii.!, n Vji j ' -X ' tions may hold

the legislature tor any oi the purposes mentioned in sec- additional
tion two of chapter one hundred and fifteen of the Public ^**^'^'
Statutes may hold real and personal estate to the amount
of not more than five hundred thousand dollars, for the
purposes set forth in its charter.

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

Approved February 15, 1896.

An Act to require the county COMAHSSIONERS for the county QJinr) 97
OF ESSEX to relocate AND RECONSTRUCT THE DRAW IN THE
ESSEX BRIDGE BETWEEN THE CITIES OF SALEM AND BEVERLY.

Be it enacted, etc., as follows :

Section 1. The county commissioners for the county May recon-
of Essex shall, as soon as may be after the passage of di^aw in*" Essex
this act, relocate and reconstruct, of a width, in the open, ^"''^''' *'*<'•
of not less than forty feet, subject to the approval of the
board of harbor and land commissioners, the draw in the
Essex bridge, which crosses navigable water between the
city of Salem and the city of Beverly, including suit-

62

Acts, 1896. — Chap. 98.

able pier approaches thereto ; and the said county com-
missioners may borrow on the credit of the county such
sums of money as may be necessary to comply with the
provisions of this act.

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

Ap2)i'oved February 15, 1896.

Chap, 98. An Act to

INCORPORATE THE GARDNER HOME FOR ELDERLY
PEOPLE.

The Gardner
Home for
Elderly People
incorporated.

May take and
hold certain
property, etc.

Meraberehip.

Officers.

Be it enacted, etc., as follows:

Section 1. Arthur P. Derl)y, Euclid L. Brooks, Alec
E. Knowlton, Henry Heywood, George H. Heywood,
Charles W. Conant, Frank J. Pierce, Charles O. Bent,
Edward H. Sawin, Charles L. Leland, Harlin P. Upham,
Charles E. Whitney, George E. Lowe, James A. Stiles,
Pamelia A. Adams, Edward P. Noyes and Guy W. Gar-
land, are hereby made a corporation by the name of The
Gardner Home for Elderly People ; with all the powers
and privileges and subject to all the duties, restrictions
and liabilities set forth in the general laws which now are
or may hereafter be in force applicable to such corpora-
tions.

Section 2. Said corporation shall have the power to
take and hold the property, personal and real, given by
Augustus Knowlton, late of Gardner, deceased, by his
last will and testament, for the purpose of establishing in
Gardner a home for protestant aged men and women, and
shall hold and administer said estate for the charitable
uses mentioned in said will.

Section 3. The corporation shall consist of the per-
sons named in this act ; of all persons who have been or
may be directors ; of such persons as shall give to the
corporation, at any one time, one hundred dollars or up-
wards, or who at any meeting of the corporation may be
elected members by l^allot.

Section 4. The officers of the corporation shall con-
sist of a president, two vice-presidents, a treasurer and a
secretary, who, with ten other members of the corpora-
tion, shall constitute a board of directors. The directors
and the other officers of the corporation shall be chosen
by ballot at each annual meeting and shall hold office for
one year and until others are chosen and qualified in
their stead.

Acts, 1896. — Chap. 98. 63

Section 5. The treasurer shall give bonds with sure- Treasurer to
ties for the faithful discharge of his duties, in such sum ^^^ °° ^'^*^'
as the directors may require, and he shall have the cus-
tody of all moneys, bonds, deeds, notes and securities of
the corporation [except his own bond], which he shall
keep, manage and invest under the direction and control
of the board of directors, or their committee appointed
for the purpose, and he shall pay no money except upon
the order of the board of directors or of their committee
duly authorized.

Section 6. The directors shall have entire charge of ^j^^J^^^^^^
the home, of the general business and property of the cor- duties.
poration, and of the admission and discharge of inmates.
They may perform the duties required of them by com-
mittees chosen from their number, and during the inter-
vals of their meetings may act by an executive committee.
They shall have the i)ower to enter into and bind the cor-
poration by such contracts as they may deem advanta-
geous. They may appoint all necessary oiBcers, assistants
and servants for the care of the home and beneficiaries,
with such salaries and allowances as they may from time
to time determine, may remove the same at pleasure,
may make all rules and regulations, not repugnant to the
will of Augustus Knowlton or to the laws of this Com-
mon wealth, for their own government and for the govern-
ment of such ofiicers, assistants and servants, for the
admission, acceptance, discharge, removal, control and
care of inmates, and for the well ordering and conducting
of the respective departments, as to them shall seem
proper and expedient ; and the same may be altered or
amended by the corporation at its annual meeting, or at
any legal meeting specially called for that purpose. They
shall manage, invest and dispose of the property of the
corporation, and shall receive and collect donations and
l)eque8ts, but no sale or transfer of any property and no
payment from the treasury shall be made without their
order, or that of a committee duly authorized by them.

Section 7. The secretary shall notify and attend all secretary.
meetings of the corporation, of the directors and execu-
tive committee, and shall keep a record of the doings of
each.

Section 8. Said corporation may hold real estate to corporation
the value of fifty thousand dollars, and personal property State "etc.'^*'*'
to the value of two hundred thousand dollars.

64 Acts, 1896. — Chaps. 99, 100, 101.

bert'toVelun"" SECTION 9. All interest of any member of said cor-
corporaiion. poration in its property shall terminate and vest in the
corporation upon his ceasing to be a member thereof, by
death, resignation, expulsion or otherwise.

Section 10. This act shall take effect upon its passage.

Ajjprooed February 19, 1896.

QJiap. 99. An Act relative to the title op the second society of

UNIVERSALISTS IN THE TOWN OF BOSTON TO CERTAIN PROPERTY.

He it enacted, etc. , as folloivs :

Jstate*noTtTbe The title of the Second Society of Universalists in the
town of Boston to the estate on School street in the city
of Boston, conveyed to it by a deed from James M.
Jacobs and John K. Deane, dated the first day of January
in the year eighteen hundred and seventy-nine and re-
corded in the registry of deeds for Suffolk county, libro
fourteen hundred and forty-five, page sixty-eight, ehall
not be invalid by reason of anything contained in section
two of chapter ninety-six of the acts of the year eighteen
hundred and sixteen, entitled, "An act to incorporate
the Second Society of Universalists in Boston."

Approved February 19, 1896.

invalid.

O^ttW.lOO An Act authorizing the board of street commissioners of

BOSTON to accept ABERDEEN STREET AT A WIDTH OF FORTY
FEET.

Be it enacted, etc., as folloivs:

marte Hccepte^d Section 1 . The board of street commissioners of the
as a public (jj^y Qf Bostoii may lay out and accept as a public liigh-

highway. etc. -T • i^i •^/. / + ^ x xi ^ + x ^ *^

way, at a width ot forty feet, the street or way now
known as Aberdeen street, in ward twenty-two of said
city.

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

Approved February 19, 1896.

ChCin.lOl. ^^ ^^'^ "^^ EXTEND THE CHARTER OF THE GLADES ASSOCIATION.

Be it enacted, etc. , as follows :

eitended. Section 1. The Gladcs Association shall be and re-

main a body corporate for the period of ten years after the
expiration of its present charter, subject to the provisions

Acts, 1896. — Chap. 102. 65

of all laws which now are or hereafter may be in force re-
lating to such corporations.

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

Approved February 19, 1S96.

An Act concerning fraternal beneficiary organizations. CJiaj) 10*^
Be it enacted, etc., as follows :

Section 1. Section sixteen of chapter three hundred ^^^^^^^^^'^ ^'^•
and sixty-seven of the acts of the year eighteen hundred
and ninety-four is hereby amended by striking out in the
twenty-third line, the words "re-incorporate under", and
inserting in place thereof the words : — adopt the provi-
sions of, — so that said section shall read as follows : —
Section 16. Any fraternal beneficiary corporation exist- certain existing
ing under the laws of this Commonwealth, and now may re incorpo-
eno;ao;ed in transacting business as herein defined, mav ^^ "' ^ '^'
re-incorporate under the provisions of this act : provided, Pro^'so.
that nothing in this act contained shall be construed as
requiring or making it obligatory upon any such corpora-
tion to re-incorporate ; and any such corporation may
continue to exercise all rights, powers and privileges con-
ferred by this act or its articles of incorporation not incon-
sistent herewith, and shall be subject to the requirements
and penalties of this act the same as if re-incorporated
hereunder. No charter granted under the provisions of
this act shall continue valid after one year from the date
of such charter unless the organization has been completed
and business begun thereunder. All charters heretofore
granted under chapter four hundred and twenty-nine of
the acts of the year eighteen hundred and eighty-eight and
acta amendatory thereof, and all charters hereafter granted
under this act, shall become invalid and of no force if no
business thereunder shall be transacted for a period of
twelve months. Any such corporation having three thou-
sand or more members may, with the approval of the in-
surance commissioner, adopt the provisions of chapter four
hundred and twenty-one of the acts of the year eighteen
hundred and ninety, and thereafter conduct its business in
accordance with the jjrovisions of said chapter.

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

Approved February 19, 1896.

66

Acts, 1896. — Chap. 103.

OhctT) 103 -^^ ■'^^^ '^*^ AUTHORIZE THE TOWN OF MELROSE TO INCUR ADDI-
TIONAL INDEBTEDNESS FOR THE PURPOSE OF CONSTRUCTING A
SYSTEM OF SEWERAGE.

Melrose Sewer-
age Loan, Act
of 1896.

Not to be
included in
determining
debt limit.

Payment, etc.,
of asseesmeDlB.

Proviso.

Be it enacted, etc. , as follows :

Section 1. The town of Melrose, for the purpose of
defraying the expense of laying, making and maintaining
a system of main drains and common sewers, is hereby
authorized to issue from time to time as may be required
therefor, in addition to the amount heretofore authorized,
bonds, notes or scrip to an amount not exceeding fifty
thousand dollars ; such bonds, notes or scrip shall bear on
their face, Melrose Sewerage Loan, Act of 1896, shall be
payable at the expiration of periods not exceeding thirty
years from the date of issue, shall bear interest payable
semi-annually at a rate not exceeding four per cent, per
annum, and shall be signed by the treasurer and counter-
signed by the sewer commissioners of said town. Said
town may sell such securities or any part thereof from
time to time at public or private sale ; but none of said
bonds, notes or scrip shall be issued or sold except in com-
pliance with the vote of said town, nor for less than the
par value thereof.

Section 2. The said bonds, together with those here-
tofore issued for the purpose of laying, making and main-
taining a system of main drains and common sewers, shall
not be included or reckoned in determining the authorized
limit of indebtedness of the town of Melrose.

Section 3. The board of sewer commissioners of said
town, upon the completion of such sewer system as said
town may adopt, or any section thereof, shall levy an
assessment upon the owners of the estates benefited thereby,
and shall transmit to the collector of taxes of said town a
list of persons assessed, together with the amount due from
each. Every person shall pay his assessment to the said
collector within three months after said list has been so
transmitted : provided, that the board having charge of
such assessment may apportion the payment as provided
in section three of chapter three hundred and twenty-three
of the acts of the year eighteen hundred and ninety-four.
The collector shall serve upon the person assessed, or upon
any person occupying or having charge of the estate upon
which the assessment is made, a notice stating the amount

Acts, 1896. — Chap. 103. 67

due and the time when the same is payable ; such notice
placed in the mail, postage prepaid, addressed to the
owner, occupant or person having charge of the estate
assessed, to his address last known to the collector, within
one month after said list is committed to the collector,
shall be deemed a sufficient notice under this section.
Said assessment shall not be invalid by reason of any mis-
take in the name of the owner of the real estate to be
assessed, notice of such assessment having been given as
aforesaid.

Section 4. Assessments so made shall constitute a AssesBments to
lien on the estates included in the fixed depth determined on estates, etc.
by the said town under the provisions of section seven of
chapter fifty of the Public Statutes, for two years after the
same are made and committed to the collector for collec-
tion, or in case of apportionment, for two years after the
last instalment is due, and may, with incidental costs and
expenses, be levied by sales of such estate if the assess-
ment is not paid within three months after the date of
notice from said collector that the list has been transmitted
to the collector, or in case of apportionment, within three
months after each assessment is payable ; such sales to be
conducted and the owners of such estates to have the same
right to redeem as in cases of sales for the non-payment
of taxes. Such assessments may also be collected by
action of contract brought at any time within six years
after the same may be due. Any person aggrieved by persons
such assessment may apply to the board having charge of ap|Iy*^for a"bat^e.
such assessment for an abatement of the same, and may '"'^°'-
appeal from the decision of said board in the manner now
provided by law for appeals from assessments for con-
struction of sewers.

Section 5. Section two of chapter three hundred and ^^e'^ded ^^'
twenty-three of the acts of the year eighteen hundred and
ninety-four is hereby amended by striking out the words
"assessments and", so that the town of Melrose may ex-
pend all moneys received from assessing upon real estate
any part of the cost of laying, making, maintaining and
repairing common sewers, in defraying the expense of
laying, making and maintaining a system of main drains
and common sewers in the town of Melrose.

Section 6. This act shall take efifect upon its passage.

Approved February 20, 1S9G.

68

Acts, 1896. — Chap. 104.

Char) 104 -^^ ^^^ MAKING APPROPRIATIONS FOR SUNDRY CHAKITABLE
"' EXPENSES.

Be it enacted, etc., as follows :
AppropriatioDB. SECTION 1. The sums hereinafter mentioned are appro-
priated, to be paid out of the treasury of the Common-
wealth from the ordinary revenue, for the purposes specitied,
to meet expenses for the year ending on the thirty-first
day of December in the year eighteen hundred and ninety-
six, to wit : —

Board of lunacy
and charity.

Indoor poor.

Outdoor poor.

Inspector of
institutions.

Auxiliary

Tisitors.

STATE BOARD OF LUNACY AND CHARITY.

For expenses of the state board of lunacy and charity,
including travelling and other necessary expenses of mem-
bers, and salary and expenses of the clerk and auditor of
said board, a sum not exceeding five thousand dollars.

For salaries and expenses in the department of the indoor
poor, a sum not exceeding forty thousand dollars.

For salaries and expenses in the department of the out-
door poor, a sum not exceeding twenty-four thousand three
hundred dollars.

For salaries and expenses in the department of the
inspector of institutions, a sum not exceeding twelve thou-
sand dollars.

For travelling and other necessary expenses of the
auxiliary visitors of the state board of lunacy and charity,
a sum not exceedino; fifteen hundred dollars.

Transportation
of state paupers.

State lunatic
paupers.

Maintenance of
insane paupers
by certain
towns.

MISCELLANEOUS CHARITABLE.

For transportation of state paupers, a sum not exceed-
ing twenty thousand dollars.

For the support and relief of state paupers in state lunatic
hospitals and asylums of the Commonwealth, and of state
lunatic paupers boarded out in families, for the present
and previous years, a sum not exceeding one hundred and
ninety thousand dollars.

The reimbursement of expenses incurred by certain
towns in the maintenance of the insane, as provided for by
chapter two hundred and forty-three of the acts of the year
eighteen hundred and ninety-two, shall be paid from the
appropriation for the support of state lunatic paupers, and
any unpaid bills of previous years may be paid from the
appropriation of the present year.

Acts, 1896. — Chap. 105. 69

For expenses attendino; the manas-ement of cases of set- cases of

J^-,~ ~-. , - settlement and

tlement and bastardy, a sum not exceeding one thousand bastardy.
dollars.

For the care and maintenance of indigent and neo;lected indigent and

. ~ o neglected

children and juvenile offenders, to include expenses m con- children, etc.
nection with the same, a sum not exceeding eighty thou-
sand dollars.

For the support of state paupers in the Massachusetts support of
School for the Feeble-minded and the Hospital Cottages paupers.
for Children, at Baldwinville, a sum not exceeding ten
thousand dollars.

For the support of sick state paupers by cities and towns, sick state
for the present and previous years, the same to include
cases of wife settlement, a sum not exceeding sixty-five
thousand dollars.

For the burial of state paupers by cities and towns, for Buriai of state
the present and previous years, a sum not exceeding ten p^'^p^'^*-
thousand dollars.

For temporary aid for state paupers and shipwrecked Temporary aid.
seamen by cities and towns, for the present and previous
years, a sum not exceeding twenty thousand dollars.

For the support and transportation of unsettled pauper Pauper infants.
infants in this Commonwealth, including infants in infant
asylums, a sum not exceeding twenty-five thousand dollars.

For expenses in connection with smallpox and .other Dangerous
diseases dangerous to the public health, for the present
and previous years, a sum not exceeding three thousand
dollars.

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

Approved February 25, 1896.

An Act to authorize the Greenfield and turners falls (7Aa».105

STREET RAILWAY COMPANY TO PURCHASE THE PROPERTY OF THE
MONTAGUE STREET RAILW'AY COMPANY, TO INCREASE ITS CAPITAL
STOCK AND TO ISSUE BONDS.

Be it enacted, etc. , as folloics :

Section 1. The Greenfield and Turners Falls Street May purchase
Kail way Company is hereby authorized to purchase and of Montague
pay for the rights, franchise and property of the Montague CooTpany.^*^
Street Railway Company, and said Montague Street Eail-
way Company is hereby authorized to sell, convey and
assign its franchise and property, and all the rights, ease-
ments, privileges, locations and powers granted or in any

70

Acts, 1896. — Chap. 106.

Proviso.

May increase
capital stock,
issue bonds,
etc.

way belonging to it, to the said Greenfield and Turners
Falls Street Railway Company, which company shall, upon
such conveyance being made, have and enjoy all rights,
powers, privileges, locations, easements, franchises and
property which heretofore belonged to or were in any way
owned by the said Montague Street Railway Company,
subject to the duties, lial)ilities and restrictions applicable
to the same unde*" general laws relating to street railway
companies: jwovided, however, that such purchase and .sale
shall not be valid unle&s agreed to by a majority of the
board of directors of each of said corporations and by a
majority in interest of the stockholders of each corporation
at meetings duly called for that purpose, and approved by
the board of railroad commissioners in the manner provided
by law.

Section 2. Said corporation may, for the purpose of
carrying out the authority hereby granted, and for the
purpose of building or rebuilding its road over locations
now or hereafter granted, and of equipping the same, by
votes of a majority in interest of its stockholders, at meet-
ings called for the purpose, increase its capital stock to
an amount not to exceed one hundred thousand dollars,
and issue bonds not exceeding the amount of such capital
stock, secured by mortgage of the whole or part of its
franchise and property, subject to the general laws relative
thereto.

Section 3. This act shall take effect upon its passage.

Approved February 25, 1896.

In favor of
estate of John
J. Wilson.

(7A«7).106 -A^ -^CT TO AUTHORIZE THE TOWN OF HABDWICK TO PAY A CER'
TAIN SUM OF MONEY TO THE ADaHNISTKATOR OF THE ESTATE OF
JOHN J. WILSON.

Be it enacted, etc., as follows:

Section 1. The town of Hardwick may, if the town
so votes in a town meeting duly called for that purpose,
pay the sum of one thousand dollars from the treasury of
said town to the administrator of the estate of John J.
Wilson, said Wilson having been killed by an accident oc-
curring on one of the highways of said town in the month
of December in the year eighteen hundred and ninety-four.

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

Approved February 25, 1896.

Acts, 1896. — Chaps. 107, 108. 71

An Act to incorporate the newton centre savings bank. (JJiap.107
Be it enacted, etc., as follows:

Section 1. Edward H. Mason, Bertrand E. Taylor, Newton centre
Frederick H. Hovey, Robert R. Bishop, William M. Flan- inJJrloiated.
ders, David H. Andrews, Albert F. Hayward, George
Warren, Charles Rufus Brown, Seward AV. Jones, Charles
A. Vinal, Charles H. Guild, George Bullen, Frank Ed-
mands, John J. Noble, Arthur Muldoon, George F. Rich-
ardson, Eugene Fanning, Mellen Bray, Isaac R. Stevens,
Frank J. Hale, WillianiR. Dresser, Dwight Chester, Eras-
tus T. Colburn, Harry K. Dresser, their associates and
successors, are hereby made a corporation by the name of
the Newton Centre Savings Bank, with authority to estab-
lish and maintain a savings bank in that part of the city
of Newton known as Newton Centre ; with all the powers
and privileges and subject to all the duties, liabilities and
restrictions set forth in all general laws which now are or
may hereafter be in force relating to savings banks and
institutions for savings.

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

Approved February 25, 1896.

Chap.lOS

An Act relative to taxes on collateral legacies and

successions.

Be it enacted, etc., as folloivs:

Section 1. Section one of chapter three hundred and amended.^ ^'
seven of the acts of the year eighteen hundred and ninety-
live is hereby amended by inserting after the word "ninety-
one", in the fourth line, the words : — and no distributive
share of an estate, — and by inserting after the word " be-
quest ", in the fifth line, the words : — or distributive share,
— so as to read as follows : — /Section 1. No bequest of a Certain
testator whose estate is subject to taxation under the pro- not to be' subject
visions of chapter four hundred and twenty-five of the acts
of the year eighteen hundred and ninety-one, and no dis-
tributive share of an estate, shall be subject to the provi-
sions of said chapter unless the value of such bequest or
distributive share exceeds the sum of five hundred dollars,
nor shall bequests to towns for any public purpose be sub-
ject to a tax under the provisions of said chapter.

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

Approved February 25, 1896.

72 Acts, 1896. — Chaps. 109, 110.

CllClT) 109 ^^ "^^^ RELATIVE TO CAUCUSES AND WARD COMMITTEES.

Be it enacted, etc. , as folloivs :

New check lists Section 1. The registrars of voters of the several

plfred.*^'^^' cities, and the board of election commissioners of the city

of Boston, may prepare from the check lists last published

in the year eighteen hundred and ninety-five, check lists

containing the names of voters in the new wards established

in the year eighteen hundred and ninety-five.

a''"r"toeIrtai'n Section 2. The laws relating to caucuses shall, in the

caucuses m city citv of Bostou, applv to all caucuscs of a political partv

of HoBtou etc. ^^xi«/ 1 L %/

for the choice of delegates to any political convention, or
of members of a ward committee, or of candidates to be
voted for at any national, state or city election ; and any
such caucus held during the current year for the choice of
delegates to a convention or of members of a ward com-
mittee shall, as the city committee of the party may de-
termine, use in such caucuses the check lists prepared as
aforesaid, or the check lists last published in the year
eighteen hundred and ninety-five, with such additions
thereto as shall be made according to law.

Caucuses to fill Section 3. All caucuscs of a political party for filling
vacancies in any national, state or city ofiice shall be called
during the year eighteen hundred and ninety-six by the
city or town committee existing at the time of calling such
caucuses ; and the check lists last published in the year
eighteen hundred and ninety-five, with such additions
thereto as shall be made according to law, shall be used
at such caucuses.

Election of ward Sectiox 4. Auv political partv may in the year eighteen

committeae. . l J ^ %j c

hundred and ninety-six elect its ward committees to serve
for such term as the city committee existing at the pas-
sage of this act may determine, and thereafter shall elect
such committees at the times and for the terms prescribed
by law.

Section 5. This act shall take eflect upon its passage.

A2)proved February 25, 1896.

vacancies.

ChaiO.WO ^^ -^CT RELATIVE TO FISHING IN LAKE CHAUBUNAGUNGAMAUG IN

THE TOWN OF WEBSTER.

Be it enacted, etc., as follows :

fls'h'in^certaVn"* Whocvcr takcs or catches an}^ fish in the waters of Lake
rtrioted?" Chaubunagungamaug in the town of Webster, between

Acts, 1896. — Chap. 111. 73

the first day of January and the first day of June in each
year, shall be punished by a fine not exceeding twenty dol-
lars for each oflence. Approved February 25, 1S96.

An Act to incorporate the amherst and sunderland street (JJia7).Wl

RAILWAY COMPANY.

Be it enacted, etc., as follows:

Section 1. Charles Deuel, Walter D. Cowles, William Amherst and
H. H. Morgan, Mendall W. Howard, Henry M. McCloud street R^aUway
and Frederick L. Whitmore, their associates, successors poraL^d^ '°''°'^"
and assigns, are hereby made a corporation under the name
of the Amherst and Sunderland Street Kailway Company ;
with all the powers and privileges and subject to all the
duties, conditions and restrictions set forth in all general
laws that now are or hereafter may be in force relating to
street railway companies, except as hereinafter provided.

Section 2. Said company may locate, construct, main- May construct,
tain and operate its railway and electrical equipment in such in certain towns.
manner as may be convenient and necessary, in part upon
private land, which it may obtain by purchase or lease,
and upon streets and highways in the towns of Amherst,
Sunderland and Hadley, subject to the approval and under
the control of the selectmen of said towns, respectively,
as provided by law : provided, however, that no location Proviso,
shall be granted to said street railway company in the
town of Amherst unless the said town vote to authorize
its selectmen to grant said location by a majority vote of
the voters thereof present and voting thereon at a meeting
called for the purpose.

Section 3. The location of said street railway outside Location.
of public streets and highways shall not exceed fifty feet
in width.

Section 4. Said company may acquire, by purchase May acquire

.1 . 11 ^ 1 J f ' 1 1 necessary real

or otnerwise, all real estate necessary tor its power sta- estate.
tions and other uses incidental to the proper maintenance
of its railway.

Section 5. The capital stock of said company shall bofi'efc""^'
not exceed fifty thousand dollars. Said company, for the
purpose of meeting expenses incurred under this act, may
also issue bonds, not exceeding the amount of its capital
stock, payable within not exceeding thirty years from the
date thereof, may secure the same by mortgage of its fran-
chise and property, and may in such mortgage reserve to

74 Acts, 1896. — Chaps. 112, 113.

its directors the right to sell or otherwise in due course

of business dispose of property included therein which

may become unsuitable for use, provided an equivalent in

value is substituted therefor.

ofTtock'and Section 6. All stock and bonds authorized by this

bonds. act shall be issued and disposed of in accordance with the

provisions of all general laws relative to the issue of stock

and bonds by street railway companies.

May transact SECTION 7. Said compauy mav, subject to the control

business of a («•! .*,

common carrier qi the Selectmen oi said towus, respectively, and in accord-

of merchandise. .j, t , • -i t i • ^ ^ i j

ance with regulations prescribed by said selectmen, trans-
act the business of a common carrier of merchandise, and
Proviso. may use its tracks for that purpose : pi^ovided, that they

shall not be so used in any town until the town has
authorized such use by a two thirds vote of the voters
thereof present and voting thereon at a meeting called
for the purpose.
undefceTtli^''^ Section 8. Thc provisions of this act shall become
conditions. yoid SO far as relates to the right of said company in any
town where no portion of the proposed road has been built
and put in operation at the end of two years from the pas-
sage of this act.

Section 9. This act shall take effect upon its passage.

Approved February 27, 1S96.

Ghav.W^ An Act to allow the master, wardens and members of the

GRAND LODGE OF MASONS OF MASSACHUSETTS TO HOLD ADDI-
TIONAL REAL AND PERSONAL ESTATE.

Be it enacted, etc., as folloivs :

May hold addi- Section 1 . The mastcr, wardens and members of the
Grand Lodge of Masons in Massachusetts may take and
hold real estate not exceeding, in all, the value of two
million dollars, and personal estate not exceeding, in all,
the value of two hundred thousand dollars.

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

Approved February 27, 1896.

CA«7?.113 ^^ ^'^^ RELATING TO PUBLIC PARKS IN THE TOWN OF ARLINGTON.

Be it enacted, etc. , as folloivs :

um/eiu'estate, Section 1. The board of park commissioners of the

etc., for parii towu of Arlington, at any time within one year after the

passage of this act, may take and hold by purchase or

Acts, 1896. — Chap. 113. 75

otherwise any and all such real estate and lands, not ex-
ceeding thirty acres in extent, as said board may deem
advisable, within that part of said town which is bounded
by Spring street on the southwest, Highland avenue on
the northwest, Gray street and the extension thereof to
Highland avenue on the northeast, and Pleasant street on
the southeast, and also any and all such real estate and
lands, not exceeding ten acres in extent, as said board may
deem advisable, within that part of said town which is
l)ounded on the southeast by a new street leading from
Chestnut street to Mount Pleasant cemetery and by said
cemetery and other land of said town, on the east and
northeast by lower Mystic pond and by land of Niles, on
the northwest by Mystic and Chestnut streets from land
of Niles to said new street ; and may lay out, maintain
and improve the same as a public park or parks.

Section 2. Said board shall, within sixty days after Description of
the taking of any lands and real estate as aforesaid under be°reco'rded.°
this act, otherwise than by purchase or gift, file and cause
to be recorded in the registry of deeds of the southern dis-
trict of the county of Middlesex a description thereof suffi-
ciently accurate for identification, with a statement of the
purpose for which the same were taken.

Section 3. Said board shall estimate and determine Damages.
all damages sustained by any person by the taking of land
or by other acts of said board in the execution of the power
vested in it by this act ; but a person aggrieved by any
such determination of said board may have his damages
assessed by a jury of the superior court, in the same man-
ner as is provided by law with respect to damages sus-
tained by reason of the laying out of ways. If upon trial
damages are increased beyond the award the party in whose
favor the award was made shall recover his costs ; other-
wise he shall pay costs ; and the costs shall be taxed as in
civil cases.

Section 4. The fee of any land taken or purchased by Fee of land to
said board for a park under this act shall vest in said town ac. '"
of Arlington ; and said town shall be liable to pay all dam-
ages assessed or determined as provided in the preceding
section, and all costs and expenses incurred by said board
of park commissioners in the execution of the powers
vested in said board by this act.

Section 5. At any time within two years after any certain real
land is taken or purchased for a park or parks under this afselseXetc!

76 Acts, 1896. — Chap. 113.

Certain real act Said board of park commissioners, if in its opinion any
asseesedretcf real estate in said town receives any benefit and advantage
from such taking or purchasing, or from the locating or
laying out of a park or parks under this act, beyond the
general advantage to all real estate in said town, may ad-
judge and determine the value of such benefit and advan-
tage to any such real estate, and may assess upon the same
a proportionate share of the cost of land .so purchased or
taken, and of the expense of laying out, grading and mak-
ing such park or parks ; but in no case shall the assess-
ment exceed one half of the amount of such adjudged benefit
and advantage. Said real estate subject to such assess-
ment may include the remainder of the land of which a
part is taken for said public park or parks, and real estate
which does not abut upon the park, from the laying out
of which the betterments accrue, or upon a street or way
bounded upon said park.
coMTitmeaHen Section 6. Asscssmcuts made under the preceding
upon real estate, gggtion shall coustitute a licu upon the real estate so as-
sessed, and shall be collected and enforced with thet same
rights to owners to surrender their estates, and the same
proceedings thereupon, and with the same rights of and
proceedings upon appeal, as are provided by chapter fifty-
one of the Public Statutes.
Loan.^'°" ^^'^'^ Section 7. For the purpose of defraying the expenses
incurred under the provisions of this act or under the pro-
visions of chapter one hundred and fifty-four of the acts
of the year eighteen hundred and eighty-two the board of
selectmen of the town of Arlington shall have authority
to issue from time to time in excess of the limit allowed
by law scrip or bonds, to be denominated on the face
thereof, Arlington Park Loan, to the amount of fifteen
thousand dollars, and to a further amount not exceeding
• the sums hereafter appropriated by said town for the pur-
chase or taking of lands for a park or parks, bearing in-
terest at a rate not exceeding four per cent, per annum,
payable semi-annually, the principal to be payable at
periods of not more than fifty years from the issuing of
such scrip or bonds, Vespectively. Said board of select-
men may sell the same from time to time, or pledge the
same for money borrowed for the above purposes ; but the
same shall not be sold or pledged for less than the par
value. For the redemption of said loan said town at its
next annual meeting, or at any special meeting called for

Acts, 1896. — Chap. 114. 77

the purpose during the current year, shall establish a
sinking fund sufficient with the accumulatino^ interest to
provide for the payment of such loan at maturity. All
premiums received on the sale of said bonds and scrip,
and all amounts received for betterments, shall be paid
into such sinking fund, until such fund shall amount to a
sum sufficient with its accumulations to pay at maturity the
bonds for the security of which the fund was established.

Section 8. This act shall not be construed to limit Not to limit
the power of said board of park commissioners to take, of pkrii commiB.
in addition to the land herein specified, other lands in said "°"'^'*'
town for park purposes, in accordance with the provisions
of chapter one hundred and fifty-four of the acts of the year
eighteen hundred and eighty-two.

Section 9. This act shall take effect upon its passage.

Approved February 27, 1896.

Chap.lU

An Act relating to an additional avater supply for the

CITY OF PITTSFIELD.

Be it enacted, etc., as follows :

Section 1 . Section four of chapter one hundred and ^^^2, iss, § 4.

. 1 r> /» 1 r* I -I 1 etc., amendud.

eighty-nve of the acts of the year eighteen hundred and
ninety-two, as amended by chapter ninety-one of the acts
of the year eighteen hundred and ninety-four, is hereby
amended by striking out in the fourth and fifth lines
thereof, the words "to an amount not exceeding fifty
thousand dollars", and by striking out in the eighth line
thereof, the word "one", and inserting in place thereof
the word : — two, — so as to read as follows : — Section pittsfleid water
4. The said city may, for the purpose of paying the 1892?'^'"°^
necessary expenses and liabilities incurred under the pro-
visions of this act, and for the purpose of paying the
necessary expenses and liabilities to be incurred in other
extensions and improvements of the water works of said
city, issue from time to time bonds, notes or scrip to an
amount not exceeding in the aggregate two hundred thou-
sand dollars. Such bonds, notes or scrip shall bear on
the face thereof the words, Pittsfield Water Loan, Act of
1892, shall be payable at the expiration of periods not ex-
ceeding thirty years from the date of issue, and shall bear
interest payable semi-annually at a rate not exceeding six
per centum per annum. Said city shall provide for the
payment upon account of the principal sum incurred for

78 Acts, 1896. — Chap. 115.

the construction and maintenance of its water works, not
less than the sum of four thousand dollars in each and
every year next after the first day of April in the year
eighteen hundred and ninety-three, in addition to the sums
now required to be paid thereon each year by said city by
the provisions of section three of chapter three hundred
and forty of the acts of the year eighteen hundred and
eighty-five, until all of said debt, both principal and inter-
est, is fully paid and extinguished. The said city may
authorize temporary loans to be made by its mayor and
treasurer in anticipation of the issue of bonds, notes and
scrip hereby authorized, or in anticipation of the payments
to be made.
Payment of SectiOjST 2. The city council of the city of Pittsfield

may by vote determine that the principal and interest of
any bonds issued under the provisions of this act shall be
payable in gold coin of the United States of the present
standard of weight and fineness.

Section 3. This act shall take efiect upon its passage.

Approved February 27, 1896.

Glum 115 ^^ ^^^ ^^ AUTHOKIZE THE TOWN OF WALPOLE TO MAKE A

WATER LOAN.

Be it enacted, etc. , as follows :

^olde^tl Section 1. The town of Walpole is hereby authorized

to issue bonds to an amount not exceeding twenty thou-
sand dollars, the same to be payable, four thousand dollars
in the year nineteen hundred and twenty-one, four thou-
sand dollars in the year nineteen hundred and twenty-
two, four thousand dollars in the year nineteen hundred
and twenty-three, four thousand dollars in the year nine-
teen hundred and twenty-four, four thousand dollars in
the year nineteen hundred and twenty-five ; and said bonds
are to be issued, except as provided herein, in the manner
and for the purposes set forth in chapter two hundred and
seventy-seven of the acts of the year eighteen hundred
and ninety-three, and the proceeds thereof may be used
to retire bonds already issued or pledged as authorized by
said chapter. This issue is to be considered as part of the
amount of one hundred and twenty-five thousand dollars
authorized by section five of said chapter two hundred and
seventy-seven.

Section 2. This act thall take eifect upon its passage.

Approved February 27, 1896.

Acts, 1896. — Chap. 116. 79

An Act granting additional rights to the proprietors of QJiap.WQ

THE NEW" MATTAKESSETT CREEKS IN GREAT POND IN EDGAR-
TOWN.

Be it enacted, etc., as follotvs :

Section 1. The Proprietors of the New Mattakessett j?^*^/e|\°^o'lj'^,
Creeks, a corporation established by law in the town of Edgartown.
Edgartown, are hereby authorized to catch fish for the
period of twenty years from the passage of this act, in
the Great Pond, so-called, in said Edgartown, by means
of nets, seines, drag seines, traps or pounds, as said
corporation may determine ; but said corporation shall,
before the first day of Fe])ruary in each year, pay into
the treasury of said town for the use of said town the sum
of one hundred dollars.

Section 2. Whoever, other than said corporation, Taking etc., of
catches or takes fish in said Great Pond, except by natu- Pond regulated.
rally or artificially baited hook and line, or by spear, shall
forfeit one dollar for each fish so caught or taken, and
whoever, other than said corporation, catches or takes,
or attempts to catch or take, fish in said Great Pond,
except by naturally or artificially baited hook and line, or
by spear, shall forfeit all seines, boats or other apparatus
used in catching or taking or attempting to catch or take
fish from said Great Pond. The forfeiture for fish caught
or taken may be enforced in an action of tort brought by
any person, or by criminal complaint on behalf of the
Commonwealth, and in either case the proceeds from said
forfeiture shall be paid, one half to the person bringing
said action or making said complaint and one half to the
county of Dukes County. For the purpose of enforcing
the forfeiture thereof any person may seize and keep all
seines, boats and other apparatus used in the catching or
taking of fish, or in attempting to catch or take fish in
said Great Pond contrary to the provisions of this act,
and the forfeiture of seines, boats and other apparatus
so seized or taken shall be enforced in accordance with
the provisions of chapter one hundred and ninety-four of
the Public Statutes, except that after the disposition of
said seines, boats or other apparatus, the proceeds there-
from shall be paid, one half to the complainant and one
half to the county. Approved February 27, 1896.

80

Acts, 1896. — Chap. 117.

CllClV'Wl -^^ -^^^ "^^ AUTHORIZE THE BOARD OF TRUSTEES OF THE MAS-
SACHUSETTS HOSPITAL FOR CONSUMPTIVES AND TUBERCULAR
PATIENTS TO TAKE LAND IN THE TOWN OF RUTLAND FOR HOSPI-
TAL PURPOSES.

May take cer-
tain land in
Rutland for
hospital pur-
poses.

Description of
land to be
recorded, etc.

Damages,

Specified sum
may be
awarded, etc.

Be it enacted^ etc., as follows:

Section 1. The board of trustees of the Massachu-
setts hospital for consumptives and tubercular patients
are hereby authorized to take, at any time within one
year from the passage of this act, so much land within
the town of Rutland, not exceeding two hundred acres
including land already purchased, as they may deem nec-
essary for a site for a hospital to be established under
chapter five hundred and three of the acts of the year
eighteen hundred and ninety-five.

Section 2. Said trustees shall, within thirty days
from the time when they shall take any land under this
act, file and cause to be recorded in the office of the
register of deeds for the Worcester district of the county
of Worcester a certificate describing by metes and bounds
the land so taken, and stating that.it is taken as a site
for a hospital. Said plan and certificate shall state the
owners of the land fi'om whom the land is taken, so far as
they are known, shall be entitled "Lands Taken in the
Town of Rutland for the Massachusetts Hospital for Con-
sumptives and Tubercular Patients ", and shall be signed
by said trustees, or by a majority of them.

Section 3. Any person sustaining damage by the
taking of land or other property hereunder, who fails to
agree with said trustees as to the amount of damage sus-
tained, may have his damages assessed and determined in
the manner provided by law where land is taken for the
laying out of highways, on application at any time within
one year from the taking of such land or other property.

Section 4. In any proceeding for the recovery of
damages hereunder said trustees may ofi^er in court and
consent in writing that a sum therein specified may be
awarded as damages to the complainant ; and if the com-
plainant shall not accept the same within ten days after
he has received notice of such ofler, and shall not finally
recover a greater sum than the one ofiered, not including
interest on the sum recovered in damages from the date
of the ofier, said trustees shall be entitled to recover costs

Acts, 1896. — Chaps. 118, 119. 81

after said date, and the complainant, if he recover dam-
ages, shall be allowed costs only to the date of the otler,
unless the damages so recovered shall be in excess of the
amount oflfered by said trustees, as aforesaid.

Section 5. This act shall take effect upon its passage.

A2>proved February 27, 1896.

CJiap.llS

An Act making appropriations for printing and binding the
reports op the decennial census of the year eighteen
hundred and ninetl'-five, and for expenses in connection
with taking said census.

Be it enacted, etc. , as foUoivs :

Section 1. The sums hereinafter mentioned are ap- Appropriatioas.
propriated, to be paid out of the treasury of the Com-
monwealth from the ordinary revenue, for the purposes
specified, to meet expenses for the year ending on the
thirty-first day of December in the year eighteen hundred
and ninety-six, to wit : —

For printing and l)inding the reports of the decennial Printing and

,. .1 -11 11 -I • • binding reports

census or the year eighteen hundred and nmety-tive, as ofdeccaniai
provided for by chapter fifty-two of the resolves of the ''°°*"*'
year eighteen hundred and ninety-five, a sum not exceed-
ing fifteen thousand dollars.

For the payment of the expenses in connection with the Expenses.
taking of the decennial census, as provided for by chapter
eight of the acts of the year eighteen hundred and ninety-
six, a sum not exceeding seventy-five thousand dollars, the
same to be in addition to any amount heretofore appro-
priated for the same purpose.

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

Approved February 27, 1896.

An Act to authorize the pittsfield electric street rail- QIiq/q 119
way company to construct and operate its railway in
the town of dalton.

Be it enacted, etc., as follows:

Section 1. The Pittsfield Electric Street Railway May extend and
Company is hereby authorized to extend and operate Tn'^town of ''°^'*
its lines in and through the town of Dalton, upon loca- ^""°°-
tions that may be granted by the board of selectmen of
said town, and subject to such limitations and conditions
as may be imposed by said board.

82

Acts, 1896. — Chap. 119.

Location. SECTION 2. Said railway company may construct its

tracks over private land and hold the same by purchase or
lease, but no location outside of the public streets and
highways shall exceed fifty feet in width.
May increase SECTION 3. FoT the purposc of providing the means

audi88ue bonds, of carrying out the authority hereby granted said com-
Proviso. pany may increase its capital stock and issue bonds : pro-

vided^ such additional issue of stock and bonds shall not
exceed seventy-live thousand dollars ; but only such
amounts of stock and bonds shall be issued as may from
time to time, upon investigation by the board of railroad
commissioners, be deemed and voted by them to be rea-
sonably requisite for the jDurpose herein set forth ; but
otherwise than is provided by this act stock or bonds shall
not be issued for any purposes not now authorized by
statute. The vote of said board determining said issue
shall specify the respective amounts of stock and bonds to
be issued for the respective purposes to which the pro-
ceeds thereof are to l)e applied ; and said company shall
not apply said proceeds to any other purpose, and may be
enjoined from so doing by any justice of the supreme ju-
dicial or superior courts, upon application of any inter-
ested party. The capital stock herein authorized to be
issued may be subscribed and paid for in cash at par, or
sold at public auction, as said board may determine ; and
the bonds herein authorized to be issued may be either
registered or with coupons attached, bearing interest at a
rate not exceeding six per cent, per annum, be made pay-
able in gold, and for a term not exceeding twenty years
from the date thereof; and to secure the payment of said
bonds with the interest thereon said company may make
a mortgage of its railway and franchise and any part or
all of its property, and may include in said mortgage
property thereafter to be acquired ; said mortgage to be
upon the terms set forth in chapter three hundred and
eighty-one of the acts of the year eighteen hundred and
ninety-three, and to be security also for any bonds issued
thereunder.

Section 4. The authority herein granted shall cease
where no portion of the proposed extension has lieen built
and put into operation at the end of two years from the
date of the passage of this act.

Section 5. This act shall take effect upon its passage.

Approved February 27., 1896.

Autiiority to
cease under
certain cond

tiODS.

Acts, 1896. — Chap. 120. 83

An Act to authorize the conway electkic street railway (JJi(ij),\2iO

COMPANY TO EXTEND ITS TRACKS, INCREASE ITS CAPITAL STOCK
AND ISSUE BONDS.

Be it enacted, etc., as folloivs:

Section 1. The Conway Electric Street Eailway Com- May construct
pany may, subject to the approval and mider the control ^l\\^ly^ia%lr.
of the selectmen of the several towns, as provided by »'»"! t°^"s> ^tc.
general law, extend its tracks and railway ^v esterly through
the town of Ashfield, and easterly over and across the
Deerfield river and into the town of Deerfield, and may
construct and maintain a bridge across said Deerfield river,
and locate, construct, maintain and operate its railway
upon and over streets and highways in said towns, and in
part upon private lands which it may obtain by purchase
or lease, and may connect its new locations with its loca-
tions in the town of Conway. Said company shall have
the same powers in respect to such new locations which
it now has in respect to its locations in the town of Con-
way, and be subject to the same duties, liabilities and re-
strictions.

Section 2. The proceedings for the fixing of the route Location, taking
and for the location and construction of said railway over erty^efc? ^"^"^
all the route lying outside of the streets and public high-
ways of said towns, and for such taking of private land
therefor, shall be similar to those prescril)od by general
law in relation to railroads. All persons and corporations Damages.
sustaining damage in their property by such taking of land
for the location and construction of said railway shall have
the same remedies therefor as are provided in chapter one
hundred and twelve of the Public Statutes, and by acts
in amendment thereof, for persons damaged by railroad
corporations.

Section 3. The location of said railway outside the Location,
public streets and highways shall not exceed fifty feet in
width.

Section 4. For the purpose of meeting expenses in- May increase

J ixi« 1. • ^ •*" -i • capital stock,

curred under this act said company may increase its capi- issue bonds, etc.
tal stock, not exceeding fifty thousand dollars, and may
from time to time, by vote of the majority in interest of
its stockholders, issue coupon or registered bonds to an
amount not exceeding twenty-five thousand dollars, such
bonds to be secured Ijy a mortgage of its road and fran-
chise. All bonds shall first be approved by some person Bonds to bo

*^ ^ approved.

84 Acts, 1896. — Chaps. 121, 122.

appointed by the corporation for that purpose, who shall

certify on each bond that it is properly issued and recorded.

Town of Con- SECTION 5. The town of Conway may subscribe for

way may hold iiiii -i • i iii

oonds, etc. and hold sharcs oi the capital stock or the bonds oi said
company, to the same amount and in the same manner as
prescribed by general law in relation to railroads.

iseue, etc. of Section 6. All stock and bonds authorized by this

stock and bonds. i n -i .

act shall be issued and disposed of in accordance with the

provisions of all general laws relative to the issue of stock

and bonds by street railway companies.
unde? certain Section 7. This act sliall take effect upon its passage,

conditions. ^ud shall be void as to all parts of said railway which are

not located and constructed in said towns within two years

from the passage of this act.

Approved February 28, 1896.

Chap.121 An Act to extend the time wiTmN which the hartford and

CONNECTICUT WESTERN RAILROAD COMPANY MAY LOCATE AND
CONSTRUCT AN EXTENSION OF ITS ROAD.

Be it enacted, etc., as foUoivs:

Time extended. The time withiu which the Hartford and Connecticut
Western Railroad Company is authorized to locate and
construct the extension of its road, provided for by chap-
ter three hundred and eighty-six of the acts of the year
eighteen hundred and eighty-nine, is hereby extended
until the first day of December in the year eighteen hun-
dred and ninety-nine, but in the construction of the road
there shall be no crossing of a public highway at grade.

Apjoroved February 28, 1896.

(J}ia7)A22i An '^^'^ MAKING APPROPRIATIONS FOR SUNDRY EDUCATIONAL

EXPENSES.

Be it enacted, etc., as follows:
Appropriatione. Section 1. The sums hereinafter mentioned are ap-
propriated, to be paid out of the treasury of the Com-
monwealth from the ordinary revenue, except as herein
provided, to meet expenses for the year ending on the
thirty -first day of December in the year eighteen hundred
and ninety-six, to wit : —
educltion'^'' °' ^^^' ^^^ salary and expenses of the secretary )f the state
secretary.' board of cducatioii, forty-five hundred dollars, to be paid

Acts, 1896. — Chap. 122. 85

out of the moiety of the income of the Massachusetts
School Fund applicable to educational purposes.

For clerical and messeno^er service for the state board £'f5!i!t'„!°^.,

v7 ^ ■■■■-■ niGSS©Dgei Sflr-

of education, a sum not exceeding two thousand dol- vice.
lars.

For incidental and contingent expenses of the state Expensee.
l)oard of education and of the secretary thereof, a sum
not exceeding eighteen hundred dollars.

For travelling and other expenses of the members of ^g^f^erT °/
the state board of education, a sum not exceeding one bo«rd.
thousand dollars.

For the support of state normal schools, including ac- state normal
countants and certain other expenses of the boarding
houses at Bridgewater, Framingham and Westfield, a sum
not exceeding one hundred and forty-three thousand one
hundred and twenty-five dollars, to be paid out of the
moiety of the income of the Massachusetts School Fund
applicable to educational purposes, the excess, if any, to
be paid from the treasury of the Commonwealth.

For the support of the state normal art school, a sum state normal
not exceeding nineteen thousand seven hundred and ninety
dollars, to be paid out of the moiety of the income of the
Massachusetts School Fund applicable to educational pur-
poses, the excess, if any, to be paid from the treasury of
the Commonwealth.

For expenses of teachers' institutes, a sum not exceed- j^gtftuteg*
ing two thousand dollars, to be paid out of the moiety of
the income of the Massachusetts School Fund applicable
to educational purposes.

For the Massachusetts teachers' association, the sum of Massachusetts

' . teachers asso-

three hundred dollars, to be paid out of the moiety of the ciation.
income of the Massachusetts School Fund applicable to
educational purposes, subject to the approval of the state
board of education.

For expenses of county teachers' associations, a sum county
not exceeding three hundred dollars, to be paid out of the ciation's! "****'
moiety of the income of the Massachusetts School Fund
applicable to educational purposes.

For the Dukes County educational association, the sum Dukes county

/./,/.. 1 i, educational

OI nity dollars. association.

For aid to pupils in state normal schools, a sum not ex- Aid to pupiis in

T j'a.i Till !!• • 1 normal schools.

ceedmg tour thousand dollars, payable in semi-annual
instalments, to be expended under the direction of the
state board of education.

86 Acts, 1896. — Chaps. 123, 124, 125.

Bchooi 8uperin- ^q enable small towns to provide themselves with school
Braaii towns. supenntendents, a sum not exceedmg sixty-two thousand

five hundred dollars.
Education of p'oi- the educatiou of deaf pupils of the Commonwealth

deaf pupila. iii- iii

in the schools designated by law, a sum not exceedmg
forty-five thousand dollars.

Educational For the care and maintenance of the educational mu-

seum, the sum of fifteen hundred dollars.

Examination j'qj. expcuscs lu conucction witli the examination and

and certihcation .,.„,, , , ,.

of school certification ot school teachers by state authority, a sum

not exceeding five hundred dollars.

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

Approved February 28, 1896.

Ch(ip.l23 An Act authorizing the street commissioners of boston to

ACCEPT MINER STREET AT A WIDTH OF FORTY FEET.

Be it enacted, etc., as follows :

^ay ^y out. Section 1 . The board of street commissioners of the

street as a pub- city of Bostoii ai'c hcrcl^y authorized to lay out and accept

ig way. ^^ ^ public hishway, at a width of forty feet, the street or

way now known as Miner street, in ward eleven of said

city.

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

Ax)proved March 3, 1896.

(JJian.V^i^ An Act to authorize foreign burglary insurance companies
TO transact business in this commonwealth.

Be it enacted, etc., as folloivs:

May transact Section 1. Duly oTgauizcd corporations of anv othcr

business in this i«t i . /» i.

Commonwealth, state authorizcd to transact the business of burglary in-
surance may be admitted to transact such business in this
Commonwealth, upon the conditions required under chap-
ter seventy-seven of the acts of the year eighteen hundred
and ninety-four.

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

Apjyroved March 3, 1896.

Chap.\2:5 ^^ "^^"^ '^*^ AUTHORIZE THE NORTH ADAMS HOSPITAL TO ESTAB-
LISH AND MAINTAIN A TRAINING SCHOOL FOR NURSES.

Be it enacted, etc. , as foUoius :

tmYningtchoor Section 1. The North Adams Hospital may, in addi-
for nurses. ^ioii to the powcTS Conferred upon it by law, establish and

Acts, 1896. — Chap. 126. 87

maintain at North Adams a training school for nurses, for
the purpose of educating and training women for intelli-
gent and effective service to the sick and helpless.

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

Approved March 3, 1896.

Chap.126

An Act relative to mutual companies with a guaranty

CAPITAL.

Be it enacted, etc. , as foUoivs :

Section 1. Section thirty-nine of chapter five hundred iss*. 522, § 39,

/•I -1 111 amended.

and twenty- two 01 the acts 01 the year eighteen hundred
and ninety-four is herel)y amended by inserting in the
second line, after the word "organized", the words: —
nor by a mutual lire insurance company with a guaranty
capital of less than one hundred thousand dollars, — so
that the section as amended shall read as follows : — Sec- conditions
Hon 39. No policy shall be issued by a purely mutual cena[n'al'§''
fire insurance company hereafter organized, nor by a po^ncTermay
mutual fire insurance company with a guaranty capital i^^"®-
of less than one hundred thousand dollars, until not less
than one million dollars of insurance, in not less than four
hundred separate risks upon property located in Massachu-
setts, has been subscribed for and entered on its books ;
except that in any town of less than four thousand inhabi-
tants a company may be formed to insure only dwelling
houses, farm buildings, and their contents within such
town, and may issue policies when fifty thousand dollars
of insurance has been subscribed for. No officer or other
person whose duty it is to determine the character of the
risks, and upon whose decision the applications shall be
accepted or rejected by a mutual fire insurance company,
shall receive as any part of his compensation a commission
upon the premiums, but his compensation shall be a fixed
salary and such share of the net profits as the directors
may determine. Nor shall such officer or person afore-
said be an employee of any officer or agent of the com-
pany.

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

Approved March 3, 1896.

88

Acts, 1896. — Chap. 127.

May lease fran-
chise, property,
etc., of Nashua
Street Railway,
etc.

May construct
and operate its
railway in cer-
tain towns, etc.

ChaV,^27 ^^ ^^'^ ^^ EXTEND THE CORPORATE POWERS OF THE LOWELL
AND SUBURBAN STREET RAILWAY COMPANY.

Be it enacted, etc. , as foUoivs :

Section 1. The Lowell and Suburban Street Railway
Company is hereby authorized and empowered to take a
lease of all the property, rights, privileges, easements and
franchises of the Nashua Street Railway, a body corporate
established under the laws of the state of New Hampshire,
and to operate said railway when so leased, subject to all
the duties, liabilities and restrictions imposed upon said
lessee ; and said Lowell and Suburban Street Railway
Company is hereby authorized and empowered to gener-
ate, transmit and supply electricity in this Commonwealth
for all purposes incidental to the operation of street rail-
ways in said New Hampshire.

Section 2. Said Lowell and Suburban Street Railway
Company is hereby authorized and empowered to con-
struct, within three years from the passage of this act,
and to maintain and operate its railway in and upon such
of the highways and town ways of the towns of Andover,
Dunstable and Pepperell, in this Commonwealth, as loca-
tions therefor may hereafter from time to time be granted
by the boards of selectmen of said respective towns, in
accordance with the statutes of this Commonwealth ; and
also in and upon private lands, when permission so to do
shall hereafter have first been obtained from the owners
of said lands, in all cities and towns wherein locations for
its railway under its charter and amendments thereto have
now or may hereafter under this act be lawfully granted it.

Section 3. Nothing contained in this act shall be con-
strued as giving to said Lowell and Suburban Street Rail-
way Company or said Nashua Street Railway the right to
carry freight or express matter within the Commonwealth
of Massachusetts.

Section 4. No lease executed under the authority of
this act shall be valid or binding until the terms thereof
have been agreed to by a majority of the directors and a
majority in interest of the stock of both lessor and lessee,
nor until approved by the board of railroad commissioners
of this Commonwealth, in the manner provided by law.

Section 5. This act shall take eflect upon its passage.

Approved March 5, 1896.

Not to carry
freight, eto.

Terms of lease
to be approved,
etc.

Acts, 1896. — Chaps. 128, 129, 130. 89

An Act relative to the date for sending to the controller (JJiap,12S

OF COUNTY ACCOUNTS COPIES OF ESTIMATES FOR COUNTY TAXES.

Be it enacted, etc., asfoUoics:

The copy of estimates of county taxes made annually Time extended.
by the county commissioners for each county, and required
by the provisions of section one of chapter one hundred
and forty-three of the acts of the year eighteen hundred
and ninety-five to be sent to the controller of county ac-
counts by the clerk of the commissioners, may hereafter
be sent to said controller on or before the fifteenth day of
January in each year, instead of on or before the fifteenth
day of December as provided in said section.

Approved March 5, 1896.

An Act to change the name of the franklin methodist epis- (7Aa».129

COPAL CHAPEL IN BROCKTON.

Be it enacted, etc., as follows:

Section 1. The name of the Franklin Methodist Epis- Name changed.
copal Chapel in Brockton is hereby changed to the Frank-
lin Methodist Episcopal Church in Brockton.

Section 2. All gifts, grants, bequests or devises here- Gifts, bequests,
tofore or hereafter made to said corporation by either of
said names shall vest in the Franklin Methodist Episcopal
Church in Brockton.

Section 3. This act shall take efiect upon its passage.

Approved March 3, 1896.

An Act to authorize the quincy and boston street railway (7^^7j.130

COMPANY to lease OR PURCHASE THE PROPERTY OF THE BRAIN-
TREE street RAILWAY COMPANY, AND TO INCREASE ITS CAPITAL
STOCK.

Be it enacted, etc., as follows:

Section 1. The Quincy and Boston Street Railway May lease or
Company is hereby authorized to lease or purchase the chise,X./or
railway, franchise, property, rights and easements of the sireet'^Ranway
Braintree Street Railway Company, and the Braintree company.
Street Railway Company is hereby authorized to lease
or sell and convey the same to the Quincy and Boston
Street Railway Company, which latter company shall,
upon such lease or conveyance, and in accordance with

90

Acts, 1896. — Chap. 131.

May increase
capital stock,
etc.

Certain provi-
sions of law to
apply.

the terms thereof, have and enjoy the powers and privi-
leges and be subject to the duties, liabilities and restric-
tions of the said Braintree Street Railway Company :
provided^ hoivever, that no such lease or purchase and sale
shall be valid or binding until the terms thereof have been
agreed to by a majority of the directors of each of said
companies, and by a majority in interest of their respec-
tive stockholders at meetings duly called for the purpose,
and approved by the board of railroad commissioners in
the manner provided by law. Such lease or purchase
shall be made in accordance with all general laws relating
thereto.

Section 2. For the purpose of purchasing the rail-
way, franchise, property, rights and easements of the
Braintree Street Railway Company the said Quincy and
Boston Street Railway Company, by a vote of a majority
in interest of its stockholders at meetings called for the
purpose, and subject to the approval of the railroad com-
missioners in the manner provided by law, may increase
and issue its capital stock to an amount necessary for that
purpose.

Section 3. The provisions of section four of chapter
three hundred and eight of the acts of the year eighteen
hundred and ninety-one are, so far as they are applicable
hereto, made part hereof, and shall apply to purchases and
sales by and of said companies hereunder.

Section 4. This act shall take effect upon its passage.

Approved March 5, 1896.

Appropriations.

CJlUp.lSl ^^ ^CT MAKING APPROPRIATIONS FOR THE COMPENSATION AND
EXPENSES OF THE COMMISSIONERS ON INLAND FISHERIES AND
GAME.

Be it enacted, etc., as folloius:

Section 1. The sums hereinafter mentioned are ap-
propriated, to be paid out of the treasury of the Com-
monwealth from the ordinary revenue, for the purposes
specified, to meet expenses for the year ending on the
thirty-first day of December in the year eighteen hundred
and ninety-six, to wnt : —

For the compensation and expenses of the commissioners
on inland fisheries and game, a sum not exceeding thirty-
five hundred dollars.

Commissioners
on inland
fisheries and
game.

Bteamer.

Acts, 1896. — Chaps. 132, 133. 91

For the enforcement of laws, propao-ation and distribu- Propagation and

,. . , . /■ 1 • j_ c distribution of

tion or tish, running expenses, rent and maintenance oi fish, etc.
hatcheries, incidentals, printing and contingent expenses,
propagation and protection of birds and animals, a sum
not exceeding fifty-five hundred dollars.

For travelling expenses of a member of the district J/pgngegf
police detailed for service with said commissioners, a sum
not exceeding five hundred dollars.

For running expenses and necessary repairs to the ExpenseBof
steamer in charge of the commissioners, a sum not ex-
ceeding forty-five hundred doHars.

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

Approved March 4, 1896.

An Act to legalize the proceedings of a certain meeting (7/zax>.132

OP THE FIRST CONGREGATIONAL CHURCH OF PAXTON.

Be it enacted^ etc., as foUoivs :

Section 1. The proceedings of the annual meeting of fj^^it^ed!^^
the First Congregational Church of Paxton, held on the
first day of January in the year eighteen hundred and
ninety-six, shall not be invalid by reason of the fact that
the warrant for said meeting was not served by a person
legally qualified to serve the same.

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

Apjyroved March 4, 1896.

An Act to provide for the receipt and payment of money (7^ar>.133

FOR the support OP PRACTICE AND MODEL SCHOOLS.

Be it enacted, etc. , as follotvs :

The treasurer and receiver general is hereby authorized ^racuce anT °^
to receive from cities and towns all sums of money which '^°^^^ schools.
may be payable under the agreements with the board of
education relative to the maintenance of practice and
model schools provided for by sections five and six of
chapter four hundred and fifty-seven of the acts of the
year eighteen hundred and ninety-four. The sums so
received shall be expended under the direction of the
board of education for the purposes named in said sec-
tions, without any appropriation therefor.

-Approved March 4, 1896.

92 Acts, 1896. — Chap. 134.

(7^tt».134 -^^ ^^'^ '^^ AUTHORIZE THE CITY OF FALL RIVER TO INCUR IN-
DEBTEDNESS BEYOND THE LIMIT FIXED BY LAW, FOR THE PUR-
POSE OF ERECTING A PUBLIC LIBRARY BUILDING.

Be it enacted, etc., as follows :

?nZue7Ls Section 1. The city of Fall River, for the purpose

beyond debt of enabling the board of trustees of the public library

limit, i8Bue ..T.~ iTi'i II"-

bonds, etc. oi Said City to crcct a public library building in said city,
the same to contain accommodations for the offices of the
school department, may incur indebtedness and may au-
thorize the city treasurer of said city to issue from time
to time, as the said board of trustees shall request and the
mayor of said city approve, bonds, notes or scrip to an
amount not exceeding seventy-five thousand dollars. Such
bonds shall be payable in thirty years from their date
of issue and shall bear interest at a rate not exceeding
four per cent, per annum, payable semi-annually, and
fixed by the said treasurer with the approval of the
mayor.
?tc°''of"pubHc Section 2. The said board of trustees shall have full
library building, powcr and coutrol of the design, construction and erection
of the public library building to be erected in said city,
and are hereby fully authorized and empowered to select
and employ an architect or architects to design said build-
ing and supervise the construction and erection thereof,
and a superintendent or superintendents to take charge
of and approve the work ; but work upon said building
shall not be commenced until full general plans for the
building shall have been prepared, and no specific work
shall be commenced until the same shall have been duly
advertised, proposals for doing such work shall have been
received from responsible parties, and contracts shall have
been entered into with satisfactory guarantees for their
performance.
^dere°dYnXter. Section 3. The debt and loan authorized by this act,
iTmit?^'^^'"^ and the notes, bonds or scrip which may be issued there-
for, shall not be considered or reckoned in determining
the authorized limit of indebtedness of said city under
the provisions of section four of chapter twenty-nine
of the Pu})lic Statutes and acts in amendment thereof or
in addition thereto.
Tppiy!^*" Section 4. The provisions of chapter twenty-nine

of the Public Statutes in reo-ard to the establishment and

Acts, 1896. — Chaps. 135, 136. 93

maintenance of a sinking fund shall apply to the loans
authorized by this act.

Section 5. This act shall take efiect upon its passage.

Apjjroved March 4, 1896.

An Act to incorporate the Gardner syndicate corporation, njinjj 1 35
Be it enacted, etc. , as foUoivs :

Section 1. Seth Hey wood, Philander Derby, Henry Gardner
Heywood, George Heywood, Arthur P. Derby, George H. co?poratioD
Heywood, Frank W. Smith, Levi H. Greenwood, Charles i°<=»'P«>-^i*^d.
F. Richardson, Volney W. Howe, their associates and
successors, are hereby made a corporation by the name of
the Gardner Syndicate Corporation, with authority to pur-
chase a certain tract of land situate in the town of Gardner
and bounded on the north by Central street, on the east
by the town hall lot, on the south by land of R. F.
Andrews, and on the west by Chestnut street, and to
erect, complete and maintain a building thereon, to be used
for public halls, lodge and club rooms, and for mechan-
ical and mercantile purposes, and for shops, stores and
offices.

Section 2. Said corporation may have a capital stock capuai stock,
not exceeding one hundred thousand dollars, may mort-
gage its property, and shall, except as herein otherwise
provided, have all the powers and privileges and be sub-
ject to all the duties, liabilities and restrictions set forth in
all general laws which now are or hereafter may be in
force relating to such corporations.

Section 3. This act shall take effect upon its passage.

Approved March 4, 1896.

Chap.l^Q

An Act in relation to certain organizaiions paying only
funeral and sick benefits.

Be it enacted, etc. , as follows :

Section 1. Any existing fraternal beneficiary corpora- certain existing
tion or association conducting business upon the lodge mly^o'nti'nue
system, and any existing purely charitable association or ^""°'^**-
corporation, which pays a death or funeral benefit not
exceeding one hundred and twenty-five dollars and disa-
bility benefits not exceeding five dollars per week, is
hereby authorized to continue in this Commonwealth such
business without otherwise conforming to the provisions

94

Acts, 1896. — Chap. 137.

of chapter three hundred and sixty-seven of the acts of
the year eighteen hundred and ninety-four.

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

Approved March 5, 1896.

Cliap.VSl

1894, 522, § i
amended.

Proceedings In
case of failure
to choose
referees, etc.

An Act in relation to the compensation op referees ap-
pointed BY the insurance COMMISSIONER.

Be it enacted^ etc., as follows:

Section 1. The last clause of section sixty of chapter
five hundred and twenty-two of the acts of the year eight-
een hundred and ninety-four is hereby amended by adding
thereto the following words : —

In every case of the appointment by the insurance com-
missioner of said third referee the insuring company or
companies shall withhold from the amount of the award
rendered one half of the compensation and expenses of
said referee, and the said company or companies shall
thereupon be obligated to pay to the said referee the full
amount of the expenses for such reference, — so that said
closing paragraph of said section shall read as follows : —

In case of loss under any fire insurance policy, issued
on property in this Commonwealth, in the standard form
above set forth, and the failure of the parties to agree as
to the amount of loss, if the insurance company shall not,
within ten days after a written request to appoint referees
under the provision for arbitration in such policy, name
three men under such provision, each of whom shall be a
resident of this Commonwealth and willing to act as one
of such referees ; and if also such insurance company shall
not, within ten days after receiving the names of three
men named by the insured under such provision, make
known to the insured its choice of one of them to act as
one of such referees, it shall be deemed to have waived
the right to an arbitration under such policy, and be liable
to suit thereunder, as though the same contained no pro-
vision for arbitration as to the amount of loss or damage.
And in case of the failure of two" referees, chosen, respec-
tivel}', by the insurance company and the insured, to agree
upon and select w^ithin ten days fi'om their appointment a
third referee willing to act in said capacity, either of the
parties may within twenty days from the expiration of
said ten days make written application, setting forth the
facts, to the insurance commissioner to appoint such third

Acts, 1896. — Chaps. 138, 139. 95

referee ; and said commissioner shall thereupon make such
appointment and shall send written notification thereof to
the parties. In every case of the appointment by the
insurance commissioner of said third referee the insuring
company or companies shall withhold from the amount of
the award rendered one half of the compensation and ex-
penses of said referee, and the said company or companies
shall thereupon be obligated to pay to the said referee
the full amount of the expenses for such reference.

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

Approved March 5, 1896.

An Act to authorize the state departments and commissions (JJiar),\^S

TO BE CLOSED ON THE DAY OF THE FUNERAL OF FREDERIC T.
GREENHALGE, late governor OF THE COMMONWEALTH.

Be it enacted^ etc., as /olloivs:

Section 1. The heads of the several departments and „ ^^^y 0°/'°''®
commissions of the state ijovernment are hereby author- funeral of

" , Frederic T«

ized to close their offices during the ninth day of March in Greenhaige.
the year eighteen hundred and ninety-six, being the day
of the funeral ceremonies of Frederic T. Greenhaige, late
governor of the Commonwealth.

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

Approved March 6, 1896.

Chap.lSd

An Act to authorize the construction of a public highway
in the town of bourne and of highway bridges across
certain tide waters in said town.

Be it enacted, etc., as f olloivs:

Section 1. The selectmen of the town of Bourne, construction of
whenever they are so instructed by a majority of the legal eS'inw^w^of '
voters of said town present and voting at any annual meet- bourne,
ing of said town, are hereby authorized to lay out and con-
struct, subject to the provisions of chapter nineteen of the
Public Statutes and the provisions of law relating to the
laying out of highways, a public highway extending in a
generally southerly direction, from some suitable point in
the county highw^ay in the village of Buzzard's Bay in said
town to some suitable point in the northerly boundary
line of the town of Falmouth, at such time and in such
portions as the voters of said town of Bourne at an annual

96

Acts, 1896. — Chap. 139.

Crossing tracks
of Old Colony
Railroad Com-
pany.

Apportionment
of expense.

May borrow
upon notes, etc.

To be void un-
less constructed
within five
years.

1893, 178, re-
pealed.

meeting may determine, and may cross all tide waters
between these points. Any bridge across such tide waters
shall be with or without a draw therein, as the board of
harbor and land commissioners or other authority having
jurisdiction in the premises may determine. Any bridge
across Monument river constructed under the provisions
of this act shall be located at some convenient point within
one thousand feet east of the present railroad bridge on
the Woods HoU branch of the Old Colony railroad, and
shall be constructed of such material as the legal voters of
the town of Bourne at an annual town meeting may decide.
Said selectmen may purchase or otherwise take any private
bridges in the line of such layout.

Section 2. Nothing in this act shall be construed to
authorize the creation of any grade crossings over the
tracks of the Old Colony Railroad Company. In case
any portion of the highway laid out under this act would
cross said tracks said crossing shall be etfected with a
•separation of grades, and the provisions of law relating
to the abolition of grade crossings shall apply to any such
crossing by said highway, and the expense of said cross-
ing shall be apportioned as in the case of an existing
highway.

Section 3. The county commissioners of the county
of Barnstable, upon petition of said selectmen, may allow
from the treasury of said county to the town of Bourne
such sums of money as they may think just and equitable
to indemnify said town in part for the expense of building
the highway provided for by this act.

Section 4. Said county or said town of Bourne may
severally borrow upon their note or notes or other obliga-
tions such sums as they severally may deem necessary to
comply with the provisions of this act.

Section 5. This act shall become void unless the high-
way herein provided for is laid out and constructed before
the expiration of five years from the date of the passage
of this act.

Section 6. Chapter one hundred and seventy-eight
of the acts of the year eighteen hundred and ninety-three
is hereby repealed.

Section 7. This act shall take eficct upon its passage.

Approved March 11 ^ 1896.

Acts, 1896. — Chaps. 140, 141. 97

An Act to extend the powers of fire insurance coMrANiES. QJiQvy \\{\
Be it enacted, etc. , as folloivs :

Section 1. All insurance companies authorized to Powers of ere
transact fire insurance business in this Commonwealth p^aXsesLnTd.
may, in addition to the business which they are now au-
thorized by law to do, insure sprinklers, pumps and other
apparatus erected or put in position for the purpose of
extinguishing fires, against damage, loss or injury result-
ing from accidental causes, other than fire ; and may also
insure any property which such companies are authorized
to insure against loss or damage by fire, against damage,
loss or injury by water or otherwise, resulting from the
accidental breaking of or injury to such sprinklers, pumps
or other apparatus, arising from causes other than fire.

Section 2. Contracts of insurance of the kind pro- Form of con-
vided for in the first section of this act shall not be in-
corporated in any contract of insurance against loss or
damage by fire, but shall be contained in separate and
distinct policies, the conditions of which shall be pre-
scribed by the insurance commissioner of the Common-
wealth.

Section 3. This act shall take effect upon its passage.

Approved March 11, 1896.

An Act to authorize the laying out and construction of a (JJiaj) 1 4I

HIGHWAY AND BRIDGES OVER AND ACROSS GREEN'S POND, GREAT
POND OR DEXTER'S RIVER, PERCH POND OR WEIR RIVER, AND
LITTLE POND, EN THE TOWN OF FALMOUTH.

Be it enacted, etc., as follows:

The town of Falmouth or the county commissioners for constniction of
the county of Barnstable may lay out and construct, or blfS^iiTthe
cause to be constructed, a highway and bridges, with suit- roomh^^^'
able approaches thereto, over and across Green's pond.
Great pond or Dexter's river, Perch pond or Weir river,
and Little pond, in said town, subject to the provisions
of chapters nineteen and forty-nine of the Public Statutes
and of any other laws which now are or hereafter may be
in force applicable thereto. Said bridges may be built
with or without draws, as may be determined by the board
of harbor and land commissioners.

Approved March 11, 1896.

98 Acts, 1896. — Chaps. 142, 143.

ChapA4:2 ^^ ^^^"^ '^^ AUTHORIZE THE CITY OF NEWTON TO CREATE A DEBT
OUTSIDE OF THE DEBT LIMIT, FOR THE WIDENING OF CERTAIN
STREETS.

Be it enacted, etc., as folloivs :

^ebiedwL'hl. Section 1. The city of Newton, to meet the expenses
youddebt limit, incuiTed and to be incurred by said city for the wideninof,

i88ue notes, etc. . . ^ ,^t . ~

locating anew and construction or \V ashmgton street,
south of the Boston and Albany railroad, Park street and
Tremont street, may incur indebtedness and may therefor
and for any indebtedness already incurred in such widen-
ing, locating anew and construction, issue notes, bonds
or scrip payable within forty years from the date of issue,
signed by the treasurer and countersigned by the mayor ;
and the same shall not be included in the amount of in-
debtedness to which said city is limited by the provisions
of chapter twenty-nine of the Public Statutes and acts in
p. s. 29, etc., amendment thereof and in addition thereto. The provi-
sions of said chapter twenty-nine of the Public Statutes
and acts in amendment thereof and in addition thereto
shall apply to the issue of such bonds, notes or scrip, and
to the establishment of a sinking fund for the payment
thereof at maturity, except so far as is herein otherwise
provided.

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

Approved March 11, 1896.

(7/irt».143 "^^ -^^"^ "^^ AUTHORIZE THE EDISON ELECTRIC ILLUMINATING COM-
PANY OF FALL RIVER TO DISPOSE OF ITS PROPERTY AND FRAN-
CHISE TO THE FALL RIVER ELECTRIC LIGHT COMPANY.

Be it enacted, etc. , as follows :
vr%lny,^fr-in. Section 1. The Edison Electric Illuminating Com-
F^airiifver '° P^^^J ^^ ^''^^^ Rivcr is hereby authorized, upon a vote of
Electric Light its stockholdcrs at a meeting duly called for that purpose,
companj. ^^ ^^jj^ transfer and convey its property, rights, licenses,
privileges and franchises to the Fall River Electric Light
Company, which is hereby authorized, upon a vote of its
stockholders at a meeting duly called for that purpose, to
purchase the same ; and upon such sale, transfer and con-
veyance, the said property, rights, licenses, privileges and
franchises shall be held and enjoyed by the said Fall River
Electric Light Company, in as full and complete a manner

Acts, 1896. — Chaps. 144, 145. 99

as the same are now held and enjoyed by the said Edison
Electric Illuminating Company.

Section 2. The said Fall River Electric Light Com- May increase
pany is hereby authorized to increase its capital stock from etc.""' ^^'"^^'
two hundred thousand dollars, its present amount, to three
hundred and fifty thousand dollars, and the number of
shares from two thousand, the present number, to thirty-
five hundred, and to issue the shares of such increase to
the said Edison Electric Illuminating Company or to its
stockholders, in payment for the said property, rights,
licenses, privileges and franchises : provided, hoivever, that P'o^'sos.
the said Fall River Electric Light Company shall, upon
the transfer and conveyance to it as above-named, assume
and be responsible for all debts and liabilities of the said
Edison Electric Illuminating Company ; and provided,
further, that the issue of new stock shall be made in
accordance with the provisions of chapter four hundred
and fifty of the acts of the year eighteen hundred and
ninety-four.

Section 3. This act shall take efifect upon its passage.

Approved March 11, 1896.

An Act to change the name of the trustees of the worces- ni^fiy^ TdA.

TER ACADEMY IN WORCESTER. "'

Be it enacted, etc. , as foUotvs :

Section 1. The name of The Trustees of the Worces- Name changed.
ter Academy in Worcester is hereby changed to Worces-
ter Academy.

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

Approved, March 11, 1896.

(7/i«29.145

An Act to extend the time for the construction of the
southbridge, sturbridge and brookfield railroad.

Be it enacted, etc. , as foUoivs :

Section 1. The time within which to complete the Time extended.
construction of the railroad of the Southbridge, Stur-
bridge and Brookfield Railroad Company is hereby ex-
tended to the first day of May in the year eighteen hun- »
dred and ninety-nine ; and all the rights, powers, privileges
and franchises originally possessed or enjoyed by said
company shall continue and be enjoyed bj' it during such
time and thereafter, if its railroad is constructed within
said time, in the same manner and with the same effect as

100

Acts, 1896. — Chaps. 146, 147, 148.

When to take
effect.

if it had been constructed within the time prescribed by
law.

Section 2. This act shall take effect on the tirst day
of May in the year eighteen hundred and ninety-six.

Approved March 11, 1896.

CA«7?.146 ■'^^ -^CT TO AUTHORIZE THE TRUSTEES OK TUFTS COLLEGE TO HOLD
REAL ESTATE IN THE CITV OF BOSTON.

May hold real
estate in Boston.

Be it enacted, etc., as follows:

The Trustees of Tufts College may own and occupy
real estate in the city of Boston for all purposes for which
they were incorporated. yl^^proved 3farc/t 11, 1896.

(JJiaj),1.4:7 -^^ -'^CT RELATIVE TO CLERICAL ASSISTANCE FOR THE TREASURER

OF THE COUNTY OF ESSEX.

Be it enacted, etc., as folloivs :

Section 1. Section one of chapter three hundred and
ten of the acts of the year eighteen hundred and eighty-
nine is hereby amended by striking out in the third line,
the word " four", and inserting in place thereof the word :
— six, — so as to read as follows : — Section 1. The treas-
urer of the county of Essex shall be allowed for clerical
assistance a sum not exceeding six hundred dollars a year,
to be paid out of the treasury of the county to persons
who actually perform the work, upon their certificate that
the work is actually performed by them.

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

Approved March 11, 1896.

1889, 310, § 1,
amended.

Clerical
assistance.

OA«2?.148 -^ ^^"^ RELATIVE TO APPROPRIATIONS FOR THE CITY HOSPITAL

IN THE CITY OF QUINCY.

Quincy city
hospital.

Repeal.

Be it enacted, etc., as follows:

Section 1. The city of Quincy is hereby authorized
to raise by taxation a sum of money not exceeding five
thousand dollars per year, and appropriate the same
towards the maintenance and support of the city hospital
in said city.

Section 2. Section six of chapter one hundred and
seven of the acts of the year eighteen hundred and eighty-
nine is hereby repealed.

Section 3. This act shall take eflect upon its passage.

AppQ'oved March 11, 1896.

Acts, 1896. — Chaps. 149, 150. 101

An Act making appropriations for salaries and expenses in (JJia7)A4Q

THE OFFICE OF THE STATE FIRE MARSHAL.

Be it enacted, etc., as folio ivs :

Section 1. The sums hereinafter mentioned are a-p- Appropriationa.
p.ropriated, to be paid out of the treasury of the Com-
monwealth from the ordinary revenue, for the purposes
s})ecitied, to meet expenses for the year ending on the
thiity-first day of December in the year eighteen hundred
and ninety-six, to wit : —

For the salary of the state fire marshal, forty-five liun- state fire

,,,,,'' ' ^ naarshal.

dred dollars.

For the salary of the deputy fire marshal, twenty-five Deputy.
hundred dollars.

For the salary of the clerk of the state fire marshal, ^'"^"
fourteen hundred dollars.

For the salaries of the two stenographers in the ofiice of stenographers,
the state fire marshal, eleven hundred dollars each.

For the salaries of the two chiefs of aids in the ofiice of ^^^"^^ °^ *''^*'
the state fire marshal, twelve hundred dollars each.

For the salaries of the eleven aids and one chief of secret ^^'^^' ^^''^
service in the ofiice of the state fire marshal, one thousand
dollars each ; and for the salary of a messenger, four hun-
dred dollars.

For travelling, contingent and incidental expenses, the Travelling, etc.,
same to include the services and expenses of persons em-
plo^ed in outside secret investigations, and fees of wit-
nesses, under the direction of the state fire marshal, a sum
not exceeding fourteen thousand dollars.

For postage, printing, stationery, telephone, telegrams, Expenses.
incidental and contingent ofiice expenses of the state fire
marshal, a sum not exceeding twenty-five hundred dollars.

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

Approved March 13, 1896.

Chap.150

An Act to supply the village of millers falls with water.
Be it enacted, etc., as follows :

Section 1. The inhabitants of the village of Millers Miners Faiis
Falls in the county of Franklin, liable to taxation in the Di8tru:t^hfco'r^
town of Montague and residing within the territory en- p"''*"^'*-
closed by the following boundary lines, to wit: — Begin-
ning at the point where the Fitchburg railroad crosses the

102

Acts, 1896. — Chap. 150.

Millers Falls
Water Supply
District incor-
porated.

May take cer-
tain waters,
lands, etc.

May erect build
ings, lay down
pipes, etc.

line of the New London and Northern railroad, thence by
a line bearing north thirty-four degrees east to a point in
the Wendell road two hundred feet easterly from the house
of Joseph Harrison ; thence in a straight line bearing
north thirty-three degrees twenty minutes west to the
Millers river ; thence by said Millers river, down stream,
to the bridge at the crossing of the county road leading
from Montague to Northiield ; thence by said county road
southwesterly to the road leading from Millers Falls to
Turners Falls ; thence by a straight line to the point of
beginning, — shall constitute a water district, and are
made a body corporate, by the name of the Millers Falls
Water Supply District, for the purpose of supplying them-
selves with water for the extinguishment of fires and for
domestic and other purposes, with power to establish
fountains and hydrants and relocate or discontinue the
same, and to take and hold property, lands, rights of way
and easements, by purchase or otherwise, for the purposes
mentioned in this act, and to prosecute and defend in all
actions relating to the property and affairs of the district.
Section 2. Said water supply district, for the purpose
aforesaid, may take by purchase or otherwise and hold
the waters of Lyon's brook and any or all of its tributaries
in the towns of Montague and Wendell, and the waters of
any springs or other sources on the watershed of said
brook, with the water rights connected therewith. Said
district may also take by purchase or otherwise and hold
all lands, rights of way and easements in the towns of
Montague and Wendell necessary for taking, holding,
preserving and improving such waters and conveying
the same to and through any and all parts of said Millers
Falls Water Supply District, and said district may erect
and construct on the lands thus taken or held proper
dams, buildings, fixtures and other structures, and such
other things as may be necessary for providing and main-
taining complete and efiicieut water works ; and for that
purpose may construct, lay down and maintain aqueducts,
conduits, pipes and other works, under or over any lands,
water courses, roads, railroads or other ways, and along
any street, highway or other way in the towns of Mon-
tague or Wendell, in such manner as when completed shall
not unnecessarily obstruct the same ; and for the purpose of
constructing, laying down, maintaining and repairing such
aqueducts, conduits, pipes and other works, and for all

Acts, 1896. — Chap. 150. 103

other purposes of this act, said water supply district may May dig up

xj-»/ wavsetcsiil)-

dig up, raise and embank any such lands, highways or jecttodire'ctiou
other ways, in such manner as to cause the least hindrance o^ «<=i«"'^"^""-
to public travel ; but all things done upon any street, road
or highway shall be subject to the direction of the select-
men of the town in which such street, road or highway is
situated.

Section 3. Said water supply district, for the purpose May contract
aforesaid, may contract witli the Turners Falls Fire I)is- Fails FiU'Di-.-
trict for a supply of w^ater for the purposes herein named, ofwater!"^^'''^
on such terms and conditions as may be agreed upon by
said Turners Falls Fire District and said water supply
district, and said Turners Falls Fire District may furnish
such supply of water from the Turners Falls water works :
provided, hoivever, that nothing contained herein shall be Proviso.
construed to compel said fire district to furnish said water.
Said water supply district may construct such reservoirs
and standpipes, construct, lay down and maintain such
aqueducts, conduits, pipes or other works, under or over
any lands, water courses, roads, railroads or other ways,
and in any street, highway or other way within the limits
of said district, as may be necessary for the storing and
distributing of such water ; and for the purpose of con-
structing, laying down, maintaining and repairing such
aqueducts, conduits, pipes and other works, and for all
other necessary purposes of this act, said district may dig
up, raise and embank any such lands, highways or other
ways, in such manner as to cause the least hindrance to
public travel ; but all things done upon any street, road
or highway shall be subject to the direction of the select-
men of the town of Montague.

Section 4. Said Millers Falls Water Supply District P'^«"'if°"°';

1^1 "J landK, etc., to bc!

shall, within ninety days after the taking of any lands, recorded.
rights of way or easements as aforesaid, otherwise than
by purchase, file and cause to be recorded in the registry
of deeds for the county of Franklin a description thereof
sufficiently accurate for identification, with a statement of
the purpose for which the same were taken, signed by the
water commissioners hereinafter provided for.

Section 5. Said Millers Falls Water Supply District Damages.
shall be liable to pay all damages sustained by any person
or corporation in property by the taking of any water,
water source, water rights, lands, rights of way or ease-
ments, or by the construction of any reservoir, standpipe

104

Acts, 1896. — Chap. 150.

MlllerB Falls
Water Supply
District Loan.

Payment of
loan.

Payment of
expenses, etc.

or other works for the purposes aforesaid, or by any other
thing done by said district under the authority of this act.
Any person or corporation sustaining damages as aforesaid
under this act, and failing to agree with said district as to
the amount of damages, may have them assessed and de-
termined in the manner provided where land is taken for
highways, by making a written application therefor within
one year after the taking of such land or other property
or the doing of other injury under the authority of this
act, but no such application shall be made after the expira-
tion of said year.

Section 6. For the purpose of paying all expenses
and liabilities incurred under the provisions of this act
said district may issue bonds, notes or certificates of debt
from time to time, signed by the treasurer of the water
supply district and countersigned by the chairman of the
water commissioners hereinafter provided for, to be de-
nominated on the face thereof. Millers Falls Water Supply
District Loan, to an amount not exceeding twenty thou-
sand dollars, payable at periods not exceeding thirty years
from the date of issue, and bearing interest payable semi-
annually at a rate not exceeding six per cent, per annum.
And said district may sell said securities at public or
private sale, at not less than par, or pledge the same for
money borrowed for the purposes of this act, upon such
terms and conditions as it may deem proper. Said dis-
trict shall pay the interest upon said loan as it accrues,
and shall provide for the payment of said principal at
maturity by establishing at the time of contracting said
debt a sinking fund, or from year to year by such propor-
tionate payments as will extinguish the same within the
time prescribed by this act. If said district shall decide
to establish a sinking fiind it shall contribute thereto an-
nually a sum sufficient with its accumulations to pay the
principal of said loan at maturity ; and said sinking fund
shall remain inviolate and pledged to the payment of said
debt and shall be used for no other purpose. If said dis-
trict shall decide to pay the principal of said loan by in-
stalments such amounts as may be necessary to make such
payments shall without further vote of said district be
raised annually by taxation, in the same way as money is
raised for town expenses.

Section 7. Said district shall raise by taxation annu-
ally a sum which with the income derived from the sale

Acts, 1896. — Chap. 150. 105

of water shall be sufficient to pay the current annual ex-
penses of operating its water works and the interest accru-
ing on the bonds issued by said district, together with
such payments on the principal as may be required under
the provisions of this act. Said district is further author-
ized, by a two thirds vote of the voters of said district
present and voting at a legal meeting called for the pur-
pose, to raise by taxation any sum of money for the pur-
pose of enlarging or extending its water works and
providing additional pipes, appliances and fixtures con-
nected therewith, not exceeding two thousand dollars in
any one year.

Section 8. Whenever a tax is duly voted by said dis- Assesament,
trict for the purposes of this act the clerk shall render a ^'^''^
certified copy of the vote to the assessors of the town of
Montague, who shall proceed within thirty days to assess
the same in the same manner in all respects as town taxes
are required by law to be assessed. The assessment shall
be committed to the town collector, who shall collect said
tax in the same manner as is provided for the collection
of town taxes, and shall deposit the proceeds thereof with
the district treasurer for the use and benefit of said dis-
trict. Said district may collect interest on taxes when
overdue in the same manner as interest is authorized to
be collected on town taxes : 2J7'ovided, said district at the Proviso.
time of voting to raise the tax shall so determine and
shall also fix a time for payment thereof.

Section 9. Said district may make such contracts contracts, water
with individuals, corporations and the town of Montague ^^ ^^' ^^'^'
for supplying water as may be agreed upon, and may fix
and collect water rates for the use of such water; and
said district may discontinue or shut otf the water for the
non-payment of such rates and for violation of the terms
of any contract or agreement which may be made with
individuals, corporations and the said town by said
district.

Section 10. The first meeting of said district shall First meeting,
be called on petition of ten or more legal voters therein,
by a warrant from the selectmen of the town of Montague,
or from a justice of the peace, directed to one of the peti-
tioners, requiring him to give notice of the meeting by
posting copies of said warrant in two or more public
places in said district seven days at least before the time
of said meeting, and by publishing such notice thereof as

etc.

106 Acts, 1896. — Chap. 150.

the warrant may require, in any newspaper published in
said town. One of the selectmen shall preside at the
meeting until a clerk is chosen and sworn. After the
choice of a moderator for said meeting the question of
the acceptance of this act shall be submitted to the voters,
and if it shall be accepted by a two thirds vote of the
voters present and voting thereon it shall go into effect,
and the meeting may then proceed to act on the other
articles contained in the warrant.

JonlTsXTion, Section 11. Said Millers Falls Water Supply District

terms, etc. shall, after its acceptance of this act at a legal meeting
called for the purpose, elect by ballot three persons to
hold office, one until the expiration of three years, one
until the expiration of two years and one until the expira-
tion of one year from the next succeeding annual meeting,
to constitute a board of water commissioners, and at each
annual meeting thereafter one such commissioner shall be
elected by ballot for the term of three years. All the
authority granted to said district by this act and not
otherwise specifically provided for shall be vested in said
board of water commissioners, who shall be subject how-
ever to such instructions, rules and regulations as said

of°8i'nidn"g'fund. district may impose by its vote. Said commissioners shall
be trustees of the sinking fund herein provided for and a
majority of said commissioners shall constitute a quorum
for the transaction of business relative both to the water

Vacancy, etc. works and to the sinking fund. Any vacancy occurring
in said board from any cause may be filled for the remainder
of the unexpired term by said water supply district at any
legal meeting called for the purpose. No money shall be
drawn from the district treasury on account of said water
works except by a written order of said commissioners or

Annual report, a majority of them. Said commissioners shall annually
make a full report to said district in writing of their do-
ings and expenditures.

meeung^^etc SECTION 12. Said district may adopt by-laws prescrib-

ing by whom and how meetings may be called and notified,
but meetings may also be called on application of ten or
more legal voters in said district, by warrant as provided
in section ten. Said district may also provide rules and
regulations for the management of its water works, not
inconsistent with this act or the laws of this Common-
wealth, and may choose such other oflScers not provided
for in this act as it may deem proper and necessary.

Acts, 1896. — Chaps. 151, 152, 153. 107

Section 13. Whoever wilfully or wantonly corrupts, ^oTupuon'of
pollutes or diverts any of the water obtained or supplied ^"'e"-. etc
under this act, or wilfully or wantonly injures any reser-
voir, standpipe, aqueduct, pipe or other property owned
or used by said district for the purposes of this act, shall
forfeit and pay to said district three times the amount of
damages assessed therefor, to be recovered in an action of
tort, and upon conviction of either of the above acts shall
be punished by a fine not exceeding one hundred dollars
or by imprisonment not exceeding six months.

Section 14. This act shall take effect upon its passage, ^hento take
but shall become void unless accepted by a two thirds vote
of the voters of said district present and voting thereon at
any legal district meeting called for the purpose within
three years from its passage. Approved March 18, 1896.

Ak Act to authorize the Arlington mills to increase its (J]i(ij).\^\

CAPITAL STOCK.

Be it enacted, etc. , as folloios :

Section 1. The Arlington Mills, a corporation located ^^^tl"Bwok^
in the city of Lawrence, is hereby authorized to increase
its capital stock to an amount not exceeding two million
five hundred thousand dollars, suliject to the provisions
of the general laws regulating the issue and payment of
capital stock of such corporations.

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

Approved March 18, 1896.

Chap.152

An Act to authorize towns to appropriate money for the
celebration of the fourth of july.

Be it enacted, etc., as folloim:

Section 1. Any town may by vote at its annual town celebration of
meeting appropriate money for the celebration of the ^"^^^ ° " ^'
Fourth of July.

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

Approved March 18, 1896.

Chap.l5d

An Act to exempt from taxation a certain portion of the
estate of the late mary hemenway.

Be it eyiacted, etc., as folloios:

Section 1. All that portion of the property devised ^f®eg*|j°/°["he
or bequeathed to or in the hands of trustees under the will late Mary

108 Acts, 1896. — Chaps. 154, 155.

Hemenway of Marj Hemenwaj, late of Milton, and their successors
Sion!'^°™ in said trust, the income of which is by the terms of said
will to be appropriated, paid over, expended and disposed
of for such charitable uses for the public benefit as are
allowed and can be sustained by law in or for the period
of not more than fifteen years, shall during such time be
exempted from taxation, which shall be taken to include
as well the tax imposed by chapter four hundred and
twenty-five of the acts of the year eighteen hundred and
ninety-one and all other acts in amendment thereof or in
addition thereto, as all other taxes however otherwise
imposed.

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

Ajyproved March 18, 1896.

CliaV 154 -^^ ^^'^ "^^ AUTHORIZE THE TOWN OF FALMOUTH TO CONSTRUCT
AND MAINTAIN BRIDGES IN SAID TOWN.

Be it enacted, etc., asfolloivs:

May lay out -pj towu of Falmouth mav lay out a town way or high-

highway, etc., , ,11 • • i Tl -15

iu Falmouth, way ui Said towu, over the creek runnmg into Buzzards
Bay and known as Herring river, and also over the creek
running into Wild harbor, and may also build and main-
tain a bridge over each of said creeks, subject to the pro-
visions of chapters nineteen and forty-nine of the Public
Statutes and of any other laws which now are or hereafter
may l)e in force applicable thereto.

Approved March 18, 1896.

ChciV,155 ^^ ^^'^ '^^ AUTHORIZE THE TOWN OF FALMOUTH TO RAISE AND AP-
PROPRIATE MONEY FOR THE CONSTRUCTION AND MAINTENANCE
OF A BREAKWATER,

Be it enacted, etc., as foUoios :

^tc°Tf'abreuk- Section 1. The town of Falmouth is hereby author-
water loFai- ized to raise and appropriate money at its annual town

mouth. . „ ^ /• J J. 1 ' j^ • •

meetings for the purpose ot constructing and maintaining
a breakwater within the waters of said town, for the pro-
tection of boats and small vessels anchoring within the
same.

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

Approved March 18, 1896.

Acts, 1896. — Chaps. 156, 157. 109

An Act to provide for the appointment of a reserve police Cjlinrf. \K^

FORCE IN THE CITY OF SALEM. "

Be it enacted^ etc., as follows:

Section 1. The mayor and aldermen of the city of ^^Jrvepouce"
Salem may from time to time, under such rules as the civil fo'^e.
service commissioners of the Commonwealth prescribe,
appoint suitable persons to constitute a reserve police
force for said city, who shall at no time exceed ten in
number, and who shall be subject to such rules and regu-
lations as the board of aldermen of said city may from
time to time prescribe, and who may be removed by the
mayor and aldermen of said city for any reason satisfactory
to them. The mayor of said city may assign the members
of said reserve police force to duty in said city whenever
and for such time as he shall deem necessary, and when
on duty they shall have and exercise all the powers and
duties held and exercised by the police of said city.

Section 2. All appointments upon the regular force AppointmPDts
of said city shall })e made from the reserve police force, fdr""/''^"''"^
under such rules as the civil service commissioners of the
Commonwealth may prescribe ; and service on the reserve
police force for not less than six months shall be deemed
to be equivalent to the probationary period now required
by the rules of said commissioners.

Section 3. The members of the reserve police force compensation.
shall be paid by the city of Salem, when on duty, such
compensation as the board of aldermen of said city may
from time to time prescribe.

Section 4. This act shall take effect upon its passage.

Approved March 18, 1896.

An Act to authorize the stockbridge water company to Qliar).\57

FURNISH WATER TO THE INHABITANTS OF THE TOWN OF LEE.

Be it enacted, etc., as folloios :

Section 1. The Stockbridge Water Company may ^layfurmBh
furnish water to the inhabitants of that portion of the tantsofLee.
town of Lee situated within one and one half miles of the
boundary line between said town and the town of Stock-
bridge, for domestic and other purposes, to the same
extent and in the same manner that it is by its act of in-
corporation authorized to furnish water to the inhabitants

110 Acts, 189G. — Chap. 158.

of Stockbridge ; and for that purpose shall have and exer-
cise in that portion of the town of Lee situated within one
and one half miles of the boundary line between said town
and the town of Stockbridge, all the rights, powers and
privileges which it is or may be authorized to exercise
in the town of Stockbridge.
Damages. SECTION 2. Said Stockbridgc Water Company shall

pay all damages sustained by any person in property by
any act or thing done by it under the authority of this act,
the same to be assessed, determined and paid, in the man-
ner provided in the act of incorporation of said com-
pany.

Section 3. This act shall take effect upon its passage.

A2y2yroved March IS, 1896.

Chap.l5S ^^^ ■'^CT RELATIVE TO THE APPORTIONMENT OF ASSESSMENTS FOR

BETTERMENTS.

Be it enacted, etc., as foUoics :

&lelZ7utf Section 1. If the owner of any real estate upon which
for betterments, an asscssmcut for bcttcrments is laid under the provisions
of law relating to streets and highways, at anytime before
demand made, gives notice to the board making such
assessment, to apportion the same, said board shall appor-
tion such assessment into such number of equal parts, not
exceeding ten, as said owner shall in said notice state, and
shall certify such apportionment to the assessors ; and the
assessors shall add one of said parts to the annual tax of
said estate for each of the years next ensuing until all the
parts shall have been so added ; and all such assessments
remaining unpaid after they become due shall draw interest
until payment thereof.

In cases when ^< a r 'i-i i j n

asseBsments SECTION z. Ill au}^ casc HI which such asscssuients for

befo^re^'passag'l bettcrmeuts have been laid before the passage of this act,
of act, etc. yj. shall hereafter be laid, and in which the owner of the
estate upon which the same are laid shall petition the
board making such assessments so to do, said board may
in its discretion apportion such assessments into such
number of parts, not exceeding ten, as said owner shall in
his said petition state, and shall certify such apportionment
to the assessors ; and said assessors shall add one of said
parts, with interest from the date of apportionment, to the
annual tax of said estate for each of the years next ensuing,
until all the parts shall have been so added : and all such

Acts, 1896. — Chap. 159. Ill

assessments remaining unpaid after they become due shall
draw interest until payment thereof.

Section 3. All liens for the collection of such assess- Liens for coiiec
ments named in this act shall continue until the expiration ilTent's. ***®*^'
of two years from the time when the last instalment is
committed to the collector, and interest shall be added to
all such assessments until they are paid : provided, that Proviso.
nothing herein contained shall be construed to prevent the
payment at any time in one payment of any balance of
said assessments then remaining unpaid, notwithstanding
a prior apportionment.

Section 4. This act shall take effect in any city when when to take
accepted by the city council thereof, and in any town ^
when accepted by a majority of the legal voters thereof
present and voting thereon at a town meeting called for
the purpose. Approved March 18, 1896.

An Act to incorporate the middleborough and lakeville

STREET railway COMPANY.

Chap,159

Be it enacted, etc. , as follows :

Section 1. George E. Wood, John C. Sullivan, David Slakevnif**
G. Pratt, Euo-ene L. LeBaron, Harry P. Sparrow, John street uaiiway

ivT -i» T^ • T^ 1 • 1 4 m 11 ji • 'J T Company incor-

JN. Main, ±*rederick A. Shockley, their associates and porated.
successors, are hereby made a corporation under the
name of the Middleborough and Lakeville Street Railway
Company ; with all the powers and privileges and subject
to all the duties, liabilities and restrictions set forth in all
general laws that now are or hereafter may be in force
relating to street railway companies.

Section 2. Said company is hereby authorized to May construct
construct and operate a railway, with single or double railway ^in'' "^
tracks, with convenient turn-outs and switches, over and ^udHakevuil.'^
upon such streets or highways in the towns of Middle-
borough and Lakeville as shall be from time to time fixed
and determined upon by the selectmen of the towns of
Middleborough and Lakeville, for their respective towns.
Said company may hold private lands by purchase or
lease, and construct its tracks thereon subject to general
laws ; and may acquire by purchase all necessary real
estate for its power stations and other uses incidental to
the proper maintenance of its railway.

Section 3. The location of said street railway outside Location.

112

Acts, 1896. — Chap. 159.

Motive power.

Capital stock.
Proviso.

May issue
bonds, etc.

Bonds to be
approved, etc.

May acquire
water power,
etc.

When to take
effect.

of public streets and highways shall not exceed fifty feet
in width.

Section 4. Said company may maintain and operate
said railway by any motive power other than steam ap-
proved l)y the boards of selectmen of the towns of Middle-
borough and Lakeville, and with the consent of such
boards of selectmen may erect and maintain such poles
and wires as may be necessary to establish and maintain
such motive power.

Section 5. The capital stock of said corporation shall
not exceed one hundred thousand dollars : provided, that
the same may be increased subject to the general laws
applicable thereto.

Section 6. Said corporation may from time to time,
by vote of the majority in interest of its stockholders,
issue coupon or registered bonds to such amount and
upon such terms as may be approved by the board of
railroad commissioners. To secure the payment of such
bonds, with interest thereon, said corporation may make
a mortgage of its road and franchise and any part of its
other property, and may include in such mortgage prop-
erty thereafter to be acquired, and may therein reserve to
its directors the right to sell or otherwise in due course
of business to dispose of property included therein which
may become worn, damaged or unsuitable for use in the
operation of its road, provided that an equivalent in value
is substituted therefor. All bonds issued shall first be
approved by some person appointed by the corporation
for that purpose, who shall certify upon each bond that
it is properly issued and recorded. All stock and bonds
authorized by this act shall be issued and disposed of in
accordance with the provisions of all general laws rela-
tive to the issue of stock and bonds by street railway
companies.

Section 7. Said company may acquire by purchase
and hold any water power and appurtenant lands for the
purpose of furnishing motive power for its own use.

Section 8. This act shall take eflfect upon its passage,
but shall become void unless said railway is constructed
and put in operation before the first day of January in the
year eighteen hundred and ninety-eight.

Approved March IS, 1896.

Acts, 1896. — Chaps. 160, 161. 113

An Act to authorize the town of Lexington to refund a CJJiaj) IgQ

PORTION OF ITS DEBT. "^ *

Be it enacted^ etc., as follows:

Section 1. The town of Lexington is hereby author- Lexington
ized to issue from time to time bonds, notes or scrip to ^^'^^"'^ ^°'^^''-
an amount not exceeding one hundred thousand dollars,
for the purpose of refunding an equal amount of bonds
of said town as they become due, denominated, Lexington
Water Bonds, dated the first day of November in the
year eighteen hundred and ninety-five, and issued under
the authority of a vote passed by the town on the twenty-
eighth day of October in the year eighteen hundred and
ninety-five. The bonds, notes or scrip issued under the
provisions of this act shall be payable not more than
twenty years from the date of issue, and shall bear inter-
est at a rate not exceeding six per cent, per annum.
They shall be signed by the treasurer and countersigned
by the selectmen of the town, and may be sold or nego-
tiated at public or "private sale, upon such terms and con-
ditions and in such manner as said town may deem proper.

Section 2. For the purpose of providing for the pay- Payment of
ment of said bonds said town shall not be required to ^°"**'*'
establish a sinking fund under the provisions of chapter
twenty-nine of the Public Statutes, but instead thereof
shall raise by taxation each year in which any of said
bonds are to become due a sufficient amount to meet the
payment thereof, and shall appropriate the same for that
purpose.

Section 3. This act shall take efiect upon its passage.

Approved March 18, 1896,

An Act to authorize the reading and lowell street rail- njirfj^ Ifil

WAY COMPANY TO EXTEND ITS RAILWAY INTO THE TOWNS OF
BILLERICA, READING AND WILMINGTON.

Be it enacted, etc., as follows :

Section 1. The Reading and Lowell Street Railway May construct,
Company is hereby authorized and empowered to con- {'n'^certain towns.
struct, maintain and operate its railway, by electricity or
other power except steam, over and upon private land in
the towns of Billerica, Reading and Wilmington, which
it has acquired or may hereafter acquire by purchase or

IM

Acts, 1896. — Chaps. 162, 163.

lease, or which it may obtain from the owners the right
to enter and occupy.

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

Approved March 18, 1896.

1894, 130,
amended

§4,

April nine-
teenth a legal
holiday, etc.

ChaV.lQ2 ^'^ ^^"^ '^^ PROVIDE THAT WHEN THE NINETEENTH DAY OF APRIL
OCCURS ON SUNDAY THE FOLLOWING DAY SHALL BE A PUBLIC
HOLIDAY.

Be it enacted, etc., as folloivs :

Section 1. Section four of chapter one hundred and
thirty of the acts of the year eighteen hundred and ninety-
four is hereby amended by inserting after the word
" year", in the first line, the words : — or the following
day when said nineteenth day occurs on Sunday, — so as
to read as follows ; — Section 4. The nineteenth day of
April in each year, or the following day when said nine-
teenth day occurs on Sunday, is hereby made a legal
public holiday to all intents and purposes, in the same
manner as Thanksgiving and Christmas days, the twenty-
second day of February, the thirtieth day of May, the
fourth day of July and the first Monday of September,
are now by law made public holidays.

Section 2. Section five of said chapter is hereby
amended by adding at the end thereof the following
words : — or to the following day when said nineteenth
day occurs on Sunday, — so as to read as follows: —
Section 5. The provisions of chapter two hundred and
fifty-four of the acts of the year eighteen hundred and
eighty-eight shall apply to the nineteenth day of April,
or to the following day when said nineteenth day occurs
on Sunday.

Section 3. This act shall take effect upon its passage.

Approved March 18, 1896.

1894, 130, § 5,
amended.

1888, 254, to
apply, etc.

CliaV 163 ^^ -^^^ RELATING TO BONDS OF THE CITY OF BOSTON.

Be it enacted, etc., as follows :
Notes, bonds or SECTION 1. All uotcs, bonds or scrip of the city of

scrip of city or iii n ^ n i-ii

Boston. Boston, whether heretofore or hereafter authorized by

the legislature or the city council of said city, other than
those to be paid from the taxes of the year in which they
are issued, shall as the city treasurer of said city shall
determine be coupon bonds or registered certificates, and

Acts, 1896. — Chaps. 164, 165. 115

bear interest at a rate not exceeding four per cent, per
annum, payable semi-annually at such time as said treas-
urer shall determine.

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

Approved March 18, 1896.

GhapA64:

An Act to legalize the acts and doings of the st. john's
society of the methodist episcopal church of boston.

Be it enacted, etc., as follows:

Section 1. The organization of the Trustees of the organization
St. John's Society of the Methodist Episcopal Church of ''°°
Boston as a corporation on the eighth day of February in
the year eighteen hundred and eighty-seven, under the
provisions of chapter thii-ty-eight of the Public Statutes,
is hereby confirmed, and said corporation is hereby made
the lawful successor of the Centenary Society of the
Methodist Episcopal Church of South Boston, and shall
hold the real and personal property of the same.

Section 2. All the proceedinos of the Trustees of said Proceedings
St. John's Society of the Methodist Episcopal Church of
Boston prior to the passage of this act shall have the
same force and effect as if done by the said Centenary
Society of the Methodist Episcopal Church of South
Boston.

Section 3. This act shall take effect upon its passage.

Approved March 18, 1896.

Chap. 165

An Act making an appropriation for the state house loans
SENiaNG funds.

Be it enacted, etc., as follows:

Section 1. The sum of one hundred and eighteen state house
thousand five hundred forty-five dollars and forty-one 13."""'°^
cents is hereby appropriated, to be paid out of the treas-
ury of the Commonwealth into the state house loans
sinking funds, as provided for in chapter thirty-nine of
the acts of the year eighteen hundred and ninety-five,
being the estimate of the treasurer and receiver general.

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

Approved March 18, 1896.

116 Acts, 1896. — Chaps. 166, 167, 168.

Chap.166 ^^ ^^^ ^^ AUTHORIZE THE TOWN OF COTTAGE CITY TO APPRO-
PRIATE FUNDS FOR PUBLIC PURPOSES.

Be it enacted, etc., as follows:

money fo?^pnr Section 1 . The to WD of Cottagc City may at its annual
lie amusemeDtB, to WO meetings, after due leo;al notice thereof in the war-

etc o ' o

rants under which said meetings are called, appropriate a
sum not exceeding five hundred dollars annually for the
purpose of providing amusements or entertainments of a
public character.

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

Apiyroved March 18, 1896.

ChavA&l An Act to authorize the town of clinton to make an ad-
ditional WATER LOAN.

Be it enacted, etc., as follows:

fdduionai notes. Section 1. The towu of CUuton, in addition to the
bonds and scrip, amouiit of notcs, bouds and scrip authorized by section
four of chapter ninety-eight of the acts of the year eight-
een hundred and seventy-six, and section three of chapter
fourteen of the acts of the year eighteen hundred and
eighty-two, and section one of chapter one hundred
and fourteen of the acts of the year eighteen hundred
and eighty-four, and section one of chapter twenty of the
acts of the year eighteen hundred and ninety, is hereby
authorized to issue a further amount of notes, bonds and
scrip, not exceeding the sum of fifty thousand dollars, in
accordance with the provisions of the acts herein referred
to and for the purposes named therein.

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

Approved March 18, 1896.

CJlCfD.XQS ^^ -^^'^ "^^ authorize THE CITY OP MALDEN TO INCUR ADDI-
TIONAL INDEBTEDNESS FOR SEWERAGE PURPOSES.

Be it enacted, etc. , as folloios :

dluonarbond's SECTION 1 . For the purposcs specified in chapter one
etc. * hundred and eighty-eight of the acts of the year eighteen

hundred and ninety the city of Maiden may issue scrip
or bonds to an amount not exceeding six hundred and
fifty thousand dollars. Excepting as to the amount
the provisions of said chapter one hundred and eighty-

Acts, 1896. — Chaps. 169, 170. 117

eight shall apply to the bonds hereby authorized to be
issued.

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

Approved March 18, 1896.

An Act relative to sureties upon bonds op persons licensed (JJidn^^QQ
TO sell intoxicating liquors.

Be it enacted, etc. , as follows :

Section 1 . Section one of chapter three hundred and ^melided.^ ^'
eighty-eight of the acts of the year eighteen hundred
and ninety-four is hereby amended by inserting after the
word " corporation", in the first line, the words : — ex-
cept a corporation organized for the purpose of acting
as surety on bonds and duly qualified to do business in
this Commonwealth, — also by inserting after the word
" surety ", in the fourth line, the words : — so limited, —
so as to read as follows : — Section 1. No person, firm sureties upon
or corporation, except a corporation organized for the *'®'""°
purpose of acting as surety on bonds and duly qualified
to do business in this Commonwealth, shall be accepted
as surety upon more than ten bonds given under the
provisions of section thirteen of chapter one hundred of
the Public Statutes. Each such surety so limited shall
make a written statement, under oath, that he is not a
surety upon more than nine other bonds given under the
provisions of said section, and such statement shall be
kept on file with the bond.

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

Approved March 18, 1896.

An Act to incorporate the fall river collateral loan
association.

Chap.170

Be it enacted, etc., as foHoios:

Section 1. John D. Flint, Thomas J. Borden, William Fan River
S. Greene, James F. Jackson, ChauncyH. Sears, William ^tSon"''''
Burgess and Clarence Buflanton, their associates and sue- incorporated.
cessors, are hereby made a corporation by the name of
the Fall River Collateral Loan Association, to be located
at Fall River, for the purpose of loaning money upon
pledge or mortgage of goods and chattels, or of safe
securities of every kind ; and all the powers and privi-
leges necessary for the execution of these purposes are

118

Acts, 1896. — Chap. 170.

Capital stock.

Proviso.

May borrow on
itB uotes.

granted, and said corporation shall also have all the
powers and privileges and be subject to all the duties,
restrictions and liabilities set forth in chapter one hundred
and five of the Public Statutes and in all the general laws
which now are or hereafter may be in force in relation to
such corporations.

Section 2. The capital stock of said corporation shall
be twenty-five thousand dollars, to be divided into shares
of one hundred dollars each, and to be paid for at such
times and in such manner as the board of directors shall
decide : provided, that no business shall be transacted
by said corporation until said amount of twenty-five
thousand dollars is sul)scribed for and actually paid in ;
and no certificate of shares shall be issued until the par
value of such shares shall have actually been paid in in
cash. The said corporation may increase its capital stock
from time to time until the same amounts to five hundred
thousand dollars.

Section 3. Said corporation is hereby authorized to
borrow money on its own notes, not exceeding the amount
of its capital paid in, and for periods not exceeding one
year.

Section 4. The government of said corporation shall
l)e vested in a board of directors, chosen as the by-laws
may prescribe, conformably to law : provided, however,
that one director shall be appointed by the governor of
the Commonwealth and one shall be appointed by the
mayor of the city of Fall River ; and the board thus con-
stituted shall elect one of their number president, and
such other ofiicers as may be deemed necessary. The
compensation of the directors appointed by the governor
and mayor for their services and attendance at meetings
shall be paid by the association.
^°*°*- Section 5. When the association has disposable funds

it shall loan on all goods and chattels offered, embraced
within its rules and regulations, in the order in which
they are offered, with this exception, that it may always
discriminate in favor of small loans to the indigent.
Duration of Section 6. All loaus shall be for a time fixed and not

redemption, etc. morc tliau ouc year, and the mortgagor or pledgor shall
have a right to redeem his property mortgaged or pledged,
at any time before it is sold, in pursuance of the contract
between the parties, or before the right of redemption is
foreclosed, on payment of the loan and rate of compensa-

Proviso.

Acts, 1896: — Chap. 170. 119

tion to the time of the offer to redeem. No charges shall
be made for making a preliminary examination when a
loan is not made, nor for the examination of property
offered at the office of the association for pledge.

Section 7. The corporation shall give to each pledgor Pledgor to be
a card inscribed with the name of the corporation, the ^'^''°*'''"^'*'
article or articles pledged, the name of the pledgor, the
amount of the loan, the rate of compensation, the date
when made, the date when payable, the page of the book
where recorded, and a copy of sections eight and nine of
this act.

Section 8. Property pleds-ed to the association must unredeemed

1 J i O property.

be held one year unless sooner redeemed, and if not re-
deemed within one year from the date of the loan shall
be sold at public auction, and the net surplus, after pay-
ing loan charges and expenses of sale, shall be held one
year for the owner. All auction sales shall be advertised
for at least one week in two daily newspapers published
in Fall River. In case a savings bank deposit book ^^0°^^"*°^
pledged to the association shall not be redeemed as above
it shall not be necessary for the association to sell the
same at public auction, but it may convert the same, or
so much thereof as may be necessary to pay the debt, in
such mode and at such time as in the judgment of the
directors will best secure the interest of all parties, hold-
ing the net surplus as above for the owner.

Section 9. Said association shall in no case charo;e interest.
interest at a rate exceeding one and one half per centum
per month.

Section 10. The commissioners of savinsrs lianks shall commissionerB

r«i Of savings banks

have access to the vaults, books and papers of the cor- to have access to
poration, and it shall be their duty to inspect, examine
and inquire into its affairs, and to take proceedings in
regard to them, in the same manner and to the same
extent as if said corporation was a savings bank, subject
to all the general laws which are now or hereafter may
be in force relating to such institutions in this regard.
The returns required to be made to the commissioners of Returns,
savings banks shall be in the form of a trial balance of its
books, and shall specify the different kinds of its lialiili-
ties and the different kinds of its assets, statins; the
amounts of each kind, together with, such other informa-
tion as may be called for by said commissioners, in
accordance with a blank form to be furnished by said

120 Acts, 1896. — Chaps. 171, 172.

commissioners ; and these returns shall be published in a
newspaper of the city of Fall River, at the expense of
said corporation, at such times and in such manner as
may be directed by said commissioners, and in the
Proviso. annual report of said commissioners : provided, however,

that said commissioners may cause any examination to be
made by an expert, under their direction but at the
expense of the corporation. Aj^proved March 19, 1896.

ChUpAll -^^ -'^CT TO AUTHORIZE INSURANCE COMPANIES TO MAKE ADDITIONAL
INVESTMENTS OF THEIR CAPITAL STOCK.

Be it enacted, etc., as follows:

capHarsmck?^ Section 1 . In addition to the investments now allowed
by law the capital stock of insurance companies may be
invested in any of the securities in which savings banks
may invest their deposits.

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

Approved March 19, 1896.

Chcip.VJ^ An Act to provide that payment for assistant registers

WHOSE SALARIES ARE NOT FIXED BY LAW, AND FOR CLERICAL
ASSISTANCE IN REGISTRIES OF DEEDS, SHALL BE SUBJECT TO THE
APPROVAL OF THE BOARD OP COUNTY COMMISSIONERS.

Beit enacted, etc., as follows:

ance.'^'c!"'*'" Section 1 . Registers of deeds shall be allowed for
assistant registers, where no salary is fixed by law, and
for clerical assistance, upon the sworn certificate of said
registers, filed with the county treasurer, that the work
was actually performed and was necessary, and specify-
ing the amount of such work or the time occupied therein
and the names of the persons by whom the work was
performed, such reasonable sum designated in said cer-
tificate as shall be approved by the l)oard of county com-
missioners. Said sums so approved by the board of
county commissioners shall be paid from the county
treasury to the person or persons performing said work.

Repeal. SECTION 2. Scctiou two of chapter four hundred and

ninety-three of the acts of the year eighteen hundred and
ninety-five is hereby repealed.

Section 3. This act shall take effect upon its passage.

Approved March 21, 1896.

Acts, 1896. — Chap. 173. 121

An Act to amend the charter of the city of Cambridge. ChctV'VIS

Be it enacted, etc., as follows :

Section 1. Section two of chapter three hundred and a^ended.^^'
sixty-four of the acts of the year eighteen hundred and
ninety-one is hereby amended by striking out the words
' ' The mayor and aldermen shall be chosen by the qualified
voters of the whole city ", in the eleventh and twelfth lines,
and inserting in place thereof the words : — The qualified
voters of the whole city shall elect from among their num-
ber the mayor and aldermen, — so that said section as
amended shall read as follows : — Section 2. The admin- AdminiBtration
istration of the fiscal, prudential and municipal affairs of affSrs^etcf
said city, and the government thereof, shall be vested in
a mayor and a city council, which shall consist of a board
of aldermen consisting, until the municipal year begin-
ning on the first Monday in January in the year eighteen
hundred and ninety-three, often members, and thereafter
of eleven members, and a common council consisting of
twenty members. Each branch shall sit separately, ex-
cept when required to meet in joint convention by the
provisions of this charter or by a concurrent vote. The
qualified voters of the whole city shall elect from among
their number the mayor and aldermen. The city coun-
cil shall apportion the members of the common council
among the several wards as nearly as may be on the basis
of population, and the qualified voters of each ward shall
elect from among their number the members of the com-
mon council to which it shall be entitled on such appor-
tionment.

Section 2 . Section six of chapter three hundred and amend^'.^ ^'
sixty-four of the acts of the year eighteen hundred and
ninety-one is hereby amended by striking out the word
"September", in the thirteenth line, and inserting in
place thereof the word : — July, — so that said section
as amended shall read as follows : — Section 6. If at the Failure to elect
annual election a mayor or the required number of mem- * ™''^°''*
bers of the city council shall not have been elected, or
if any person elected shall refuse to accept the office to
which he was chosen, the board of aldermen shall make
a record of the fact and forthwith issue their warrant for
another election, and the same proceedings shall be had
as are provided by law for the original election ; and the

122

Acts, 1896. — Chap. 173.

Vacancy.

1891, 364, § 25,
amended.

Not to take part
in the einploy-
tnent of labor,
etc.

Certain persons
not eligible for
appointment,
eic.

When to take
effect.

same shall be repeated from time to time until a mayor
and the required number of members of the city council
shall have been chosen. Whenever a vacancy shall occur
in either office by death, resignation or otherwise, the
board of aldermen may, and if such vacancy occur prior
to the first of July in any year shall, forthwith issue their
warrant for a new election. The removal of a person
holding office from one ward to another shall not create a
vacancy in such office, nor shall a change of ward boun-
daries create a vacancy in any office.

Section 3. Section twenty-five of said chapter three
hundred and sixty-four of the acts of the year eighteen
hundred and ninety-one is hereb}^ amended by striking
out at the end thereof, the words "No person shall be
elected or appointed to any office of emolument who at
the time of his election or appointment shall be a mem-
ber of the board of aldermen or of the common council",
and inserting in place thereof the following : — No per-
son shall be eligible for appointment or election to any
municipal office by the mayor or city council, or either
branch thereof, the salary of which office is payable from
the city treasury, during the term for which such person
was chosen a member of the city council, — so that said
section as amended shall read as follows ; — Section 25.
Neither the city council nor either branch thereof, nor
any mem])er or committee thereof, or of either branch
thereof, nor the board of aldermen acting in any capacity
in which said board may act separately under special
powers conferred upon it, nor any member or committee
of said board acting in any such capacity, shall directly
or indirectly take part in the employment of labor, nor,
except as otherwise provided in this act, in the appoint-
ment or removal of any officers or subordinates for whose
appointment and removal provision is herein made. No
person shall be eligible for appointment or election to any
municipal office by the mayor or city council, or either
branch thereof, the salary of which office is payable from
the city treasury, during the term for which such person
was chosen a member of the city council.

Section 4. This act shall take effect upon its accept-
ance by the city council of the city of Cambridge by
concurrent vote, provided the same shall be accepted
within sixty days from the date of its passage.

Approved March 21, 1S96.

Acts, 1896. — Chaps. 174, 175. 123

An Act to provide for the protection ov the public health ClJiaj) 1 74

IN THE CITY OF LYNN.

Be it enacted^ etc., as folloivs :

Section 1 . Whenever the board of health of the city Protection of
of Lynn shall adjudge that the public health requires, cuy o'f Lynn.'"
and shall order that any lands in said city not bordering
immediately on tide water be filled to a grade to be es-
tablished by said order, the owners of said land shall
forthwith fill the same in accordance with said order and
in a manner and with material satisfactory to said board.

Section 2. Any justice of any court having jurisdic- Enforcement of
tion in equity may, on the petition of the board of health p"""^'"""*-
of said city, enforce the provisions of this act by any
proper process or decree.

Section 3. This act shall take effect upon its passage.

Approved March 21, 1896.

An Act to authorize the city of Cambridge to restrict the (7/i^r).175

USE OF certain LANDS.

Be it enacted, etc. , as folloivs :

Section 1 . The city of Cambridge is hereby author- May agree wuh

T5av State Brick

ized to enter into an agreement with the Bay State Brick company to
Company as to restricting the use to which a certain tract certain' w?^
of clay land, or any part thereof, owned by said company
shall hereafter be put, and as to the construction of streets
and sewers in said tract, said land l)eing situated in said
Cambridge and comprising most of the tract which is
l)ounded southerly by Concord avenue, easterly by Wal-
den street, northerly by a proposed extension of Garden
street, and westerly by a certain proposed street.

Section 2. Upon such terms as may be mutually construction of
agreed upon by said city of Cambridge and said Bay sewersfetc.
State Brick Company, and to be set forth in said agree-
ment, in regard to restricting the use of the lands in
said tract described in section one of this act, and to the
construction of streets and sewers therein, the city of
Cambridge may lay out, accept and establish certain
public streets, to be agreed upon as aforesaid, and may
build, construct and establish within said tract main
drains and common sewers.

Section 3. Said agreement, as to restricting the use citymay
of said tract, the laying out of public streets and the be tte™m en island

asseeBtuents.

124

Acts, 1896. — Chap. 175.

May agree with
owners to
restrict use of
certain other
lands, etc.

Description of
lands to be
recorded.

Damages

construction of main drains and common sewers therein,
may also provide that said city may assume any better-
ments and assessments, except sidewalk and edgestone
assessments, assessed upon or on account of the re-
mainder of said company's land and land of any owner
or owners of any land within said tract, or any portion
thereof, for or on account of such location, laying out
and construction of said streets, main drains or common
sewers within said tract.

Section 4. The city of Cambridge, at any time within
ten years after the passage of this act, may also by a sim-
ilar agreement with the respective owner or owners as to
the construction of streets and sewers as hereinbefore
mentioned in this act, or upon such other terms as may
be mutually agreed upon with the respective owner or
owners, restrict the uses to which other clay lands in
Cambridge may be put. At any time also within ten
years after the passage of this act the city of Cambridge,
by its city council, may restrict the excavating, other
than for the purposes of the erection of buildings, of
clay lauds in said city, other than the tract described in
section one of this act, and other than lands now belong-
ing to the Bay State Brick Company.

Section 5. The said city shall, within sixty days
after the restricting of the use of any clay lands, other
than by agreement as aforesaid, cause to be recorded in
the registry of deeds for the southern district of Middle-
sex a description thereof sufficiently accurate for identi-
fication, with a statement of the restrictions imposed upon
the same, which statement shall be signed by the mayor.

Section 6. Said city shall be liable to pay all dam-
ages sustained by any persons or corporations by the re-
stricting of the use of any of their land as aforesaid. If
any person sustaining damage as aforesaid does not agree
with said city upon the amount of said damage he may,
within one year from such restricting and not afterwards,
apply by petition to the superior court for said county
of Middlesex for the assessment of said damage. Such
petition may be filed in the clerk's office of said court,
and the clerk shall thereupon issue a summons to the
said city, returnable on the first Monday of the next
month after the expiration of fourteen days from the
filing of the petition, to appear and answer to the peti-
tion. The summons shall be served fourteen days at

Acts, 1896. — Chap. 175. 125

least before the day at which it is returnable, by leaving Damages.
a copy thereof and of the petition, certilied by the officer
who serves the same, with the clerk of said city ; and
the court may, upon default of said city, or upon hear-
ing, appoint three disinterested persons, who shall, after
reasonable notice to the parties, assess the damages, if
any, which such petitioner may have sustained as afore-
said, together with interest at the rate of six per centum
per annum from the passage of the order of restriction
as aforesaid. And the award of the persons so appointed,
or of a major part of them, being returned into and ac-
cepted by the court shall be final, and judgment shall be
rendered and execution issued thereon for the prevailing
party, with costs, unless one of the parties claims a trial
by jury, as hereinafter provided.

Section 7 . If either of the parties mentioned in the Damages to be
preceding section is dissatisfied with the amount of dam- jury'in'certain ^
age awarded, such party may, at the sitting at which such '='»^''*' '''«=•
award was accepted, or at the next sitting thereafter,
claim in writing a trial in said court, and have a jury to
hear and determine all questions of fact relating to such
damages, and to assess the amount thereof with interest
as aforesaid ; and the report of the persons so appointed
to assess damages shall be prima facie evidence upon such
matters only as are expressly embraced in the order of
their appointment, and the verdict of the jury being ac-
cepted and recorded by the court shall be final and con-
clusive, and judgment shall be rendered and execution
issued thereon, and costs shall be recovered by the
parties, respectively, in the same manner as is provided
by law in regard to proceedings relating to the laying
out of highways.

Section 8 . In every case of a petition to the superior city may tender
court for an assessment of damages as provided in this damagM,"etc.
act the said city may tender to the petitioner or to his
attorney any sum, or may bring the same into court to
be paid to the petitioner, for the damages by him sus-
tained or claimed in his petition, or may in writing offer
to be defaulted and that damages may be awarded against
it for the sum therein expressed ; and if the petitioner
does not accept the sum so offered or tendered, with his
costs up to that time, but proceeds with his suit, he shall
be entitled to his costs to the time of such tender or pay-
ment into court, or offer of judgment, and shall not be

126

Acts, 1896. — Chap. 175.

Real estate
benefited may
be asBeBsed.

entifled to eithei* costs or interest afterwards, unless the
amount recovered by him in such action exceeds the
amount so tendered.

Section 9. At any time within two years after the
use of any land is restricted under this act the board of
aldermen of said city of Cam])ridge, if in its opinion any
real estate in said city receives any benefit and advantage
from such restricting beyond the general advantages to
all real estate in said city, may adjudge and determine
the value of such benefit and advantage to any such real
estate, and may assess upon the same a proportional
share of the cost of land so restricted ; but in no case
shall the assessment exceed one half of the • amount of
such adjudged benefit and advantage. Said real estate
subject to such assessment may include the remainder of
the land of which a part is restricted, and real estate
which does not abut upon the land from the restricting
of which the betterments accrue, or upon a street or way
bounded upon such restricted land. Any assessment so
made upon any land now belonging to said Bay State
Brick Company shall be assumed by the city of Cam-
liridge.

Section 10. Assessments made under the preceding
upon reaf estate, scctiou shall coustitutc a licu upou the real estate so
assessed, and shall be collected and enforced, with the
same rights to owners to surrender their estates and the
same proceedings thereupon, and with the same rights
of and proceedings upon appeal, as are provided by
chapter fifty-one of the Public Statutes.

Section 11. For the purpose of defraying the ex-
pense and damages, if any, incident to the restricting
of any land as aforesaid the city council of Cambridge
shall have the authority to issue, in excess of the limit
allowed by law, scrip or bonds, to be denominated, Cam-
bridge Clay Land Loan, to an amount not exceeding fifty
thousand dollars in each and every municipal year, and
within ten years from the passage of this act, bearing
interest not exceeding four and one half per centum per
annum, payable semi-annually, the principal to be pay-
able at periods of not more than thirty years from the
issuing of such scrip or bonds respectively. Said city
council may sell the same or any part thereof from time
to time, or pledge the same for money borrowed for the
above purposes ; but the same shall not be sold or pledged

Asseesments to
constitute a lien

Cambridge Clay
Land Loan.

Acts, 1896. — Chaps. 176, 177. 127

for less than the par vaJue thereof. The provisions of andiMo^lppiy
the tenth and eleventh sections of chapter twenty-nine
of the Public Statutes shall, so far as applicable, apply
to this act.

Section 12. This act shall take efi'ect upon its accept- when to take
ance by the city council of Cambridge.

Approved March 21, 189G.

An Act to reimburse the treasurers of the counties of (JJidj) 176

BRISTOL, ESSEX, MIDDLESEX AND WORCESTER FOR THEIR TRAV-
ELLING EXPENSES.

Be it enacted, etc. , as follotvs :

Section 1. On and after the first day of March in the Travelling
year eighteen hundred and ninety-six there shall lie ^''P*^"*''^'
allowed and paid to the treasurers of the counties of
Bristol, Essex, Middlesex and Worcester, the actual,
necessary and proper travelling expenses incurred and
paid by them in the transaction of county business, upon
a certified itemized statement of such expenses made
upon the first day of each month to the county commis-
sioners of the respective counties, who shall audit and
approve the same in like manner with other bills against
the county.

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

Ajijyroved March 21, 1896.

An Act to authorize the town of wayland to refund a f^lifij^ 177

PORTION of its AVATER FUND BONDS.

Be it enacted, etc., as folloivs :

Section 1. The town of Wayland is hereby author- May issue ad-
ized to issue bonds, notes or scrip to an amount not et".""""''*"''^'
exceeding fifteen thousand dollars, for the purpose of
refunding an equal amount of its water fund bonds fall-
ing due in the year eighteen hundred and ninety-eight.
Such bonds, notes or scrip shall be payable at the expi-
ration of periods not exceeding fifteen years from the
date of issue ; shall bear interest payable semi-annually
at a rate not exceeding five per cent, per annum, and
shall be signed by the town treasurer and countersigned
by the water commissioners of the town. Said town may
sell such securities at public or private sale, at not less
than par, but none of said bonds, notes or scrip shall be

128 Acts, 1896. — Chaps. 178, 179.

issued or sold except in compliance with a vote of the
town.

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

Approved March 21, 1896.

Chap.\7S ^^ ^^^ "^^ AUTHORIZE ADDITIONAL INVESTMENTS BY SAVINGS
BANKS AND INSTITUTIONS FOR SAVINGS.

Be it enacted, etc., as folloivs :

iTpTsZTnlal Section 1. In addition to the investments authorized
ings banks, etc. by scctiou twentj-onc of chapter three hundred and
seventeen of the acts of the year eighteen hundred and
ninety-four savings banks and institutions for savings
may invest their deposits, and the income derived there-
from, in the bonds and notes of the New York, New Haven
and Hartford Railroad Company, issued according to law,
notwithstanding the existence of a mortgage indebtedness
not matured upon the whole or a part of the road of said
railroad company ; also in the note or notes of any citi-
zen of this Commonwealth, with a pledge as collateral of
shares of the capital stock of the Boston and Lowell Rail-
road Corporation ; of the Boston and Providence Railroad
Company ; of the Connecticut River Railroad Company,
and of the Old Colony Railroad Company, notwithstand-
ing the road of each of said companies may be leased to
some other railroad company ; such note or notes not to
exceed in any case seventy-five per cent, of the market
value of the securities pledged, and to be made payable
on demand, and to be paid or renewed within one year
of the date thereof.

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

Approved March 21, 1896.

C7lCt7).17Q ^^ ■^^'^ RELATING TO THE RETURNS OF SCHOOL COMMITTEES TO THE

STATE BOARD OF EDUCATION.

Be it enacted, etc. , as folloivs :

amended? *' Scctiou fivc of chapter forty-six of the Public Statutes

is hereby amended by inserting after the word "teachers",
in the fifth line of said section, the words : — transporta-
tion of school children, — and after the word ' ' teachers ",
in the fifth line of the form of certificate contained in said
section, the words; — transportation of school children,
— also by striking out the words "six months", in the
ninth line of said form of certificate, and inserting in

Acts, 1896. — Chap. 179. 129

place thereof the words ; — the number of months re-
quired by law, to wit, eight months in all towns of four
thousand inhabitants or more, and six months in all other
towns, — so that the section as amended shall read as
follows : — Section 5. The school committee shall annu- school commit-
ally, on or before the last day of the following April, nmnbeTof ^
certify under oath the numbers so ascertained and '='ii''''"e°. «'<=.
recorded, and the sum raised by their city or town
for the support of schools during the preceding school
year, including only wages and board of teachers, trans-
portation of school children, fuel for the schools, and
care of the fires and school-rooms ; and they shall trans-
mit such certificate to the secretary of the board of edu-
cation. The form of such certificate shall be as follows :
to wit, —

We, the school committee of . do certify that f °™ °^ '=®'""^-

on the first day of May, in the year , there were

belonging to said town (or city) the number of
persons between the ages of five and fifteen ; and we
further certify that said town (or city) raised the sum
of dollars for the support of public schools for

the preceding school year, including only the wages and
board of teachers, transportation of school children, fuel
for the schools, and care of fires and school-rooms, and
that said town (or city) maintained, during said year,
each of the schools required to l)e kept by section one of
chapter forty-four of the Public Statutes for a period not
less than the number of months required by law, to wit,
eight months in all towns of four thousand inhabitants or
more, and six months in all other towns ; and we further
certify that said town (or city) maintained during said
year school for the benefit of all the inhabitants

of the town (or city), as required by section two of
chapter forty-four of the Public Statutes for
months and days.

V School Committee.

, ss.
On this day of , personally appeared

the above-named school committee of , and made

oath that the above certificate by them subscribed is true.
Before me,

Justice of the Peace.
Approved March 21, 1S96.

130 Acts, 1896. — Chap. 180.

Chan.lSO ^^ ^^'^ '^^ supply the town of holden with water.

Be it enacted, etc., as follows:

water^Buppiy SECTION 1. The town of Holdeii may supply itself
Holden. and its inhabitants with water for the extinguishment of

fires and for manufacturing, domestic and other purposes ;
may establish fountains and hydrants, relocate and dis-
continue the same, and may regulate the use of such water
and fix and collect rates to be paid for the use of the same.
tehfwa^ersr Section 2. The said town, for the purposes aforesaid,
lands, etc. ^nd for the purpose of obtaining a supply of water, may
take, by purchase or otherwise, and hold the waters of
Muschopange pond, in the town of Rutland, subject to
the rights of the town of Rutland in said pond under
chapter one hundred and fifty-eight of the acts of the year
eighteen hundred and ninety-five, and the waters that
flow into and from the same ; and it may take, by pur-
chase or otherwise, and hold any water rights connected
with said pond, and any springs and streams tributary
thereto, and the waters of any other ponds or water
sources within the watershed of said brooks or tribu-
taries thereof, and also all lands, rights of way and ease-
ments necessary for holding and preserving such water
and for conveying the same to any part of said town ;
May erect build- and may erect upon the land thus taken or held proper
pipes' etc?""^" dams, buildings, fixtures and other structures, and may
make excavations, procure and operate machinery, and
provide such other means and appliances as may be
necessary for the establishment and maintenance of com-
plete and eflective water works ; and may construct and
lay down conduits, pipes and other works, under or over
any lands, water courses, railroads or public or private
ways, and along any such way, in such manner that the
same when completed shall not unnecessarily obstruct
such way ; and for the purpose of constructing, maintain-
ing and repairing such conduits, pipes and other works,
and for all proper purposes of this act, said town may
dig up, raise and embank any such lands or ways in such
manner as to cause the least hindrance to public travel
on such ways ; and may do all acts necessary for the
completion of the same.
E'^e?c'°to°be Section 3. The said town of Holden shall, within
recorded.' ninety days after the taking of any land, rights of way,

Acts, 1896. — Chap. 180. 131

water rights, water sources or easements as aforesaid,
otherwise than by purchase, file and cause to be recorded
in the Worcester district regi;stry of deeds a description
thereof sufficiently accurate for identification, with a state-
ment of the purpose for which the same were taken,
signed by the water commissioners hereinafter provided
for or by such person or persons as may be authorized to
act by the said town of Holden.

Section 4. The said town shall pay all damages sus- Damages.
tained by any person or corporation in property by the
taking of any land, right of way, water, water source,
water right or easement, or any other thing done by said
town under the authority of this act. Any person or
corporation entitled to damages as aforesaid under this
act, who fails to agree with said town as to the amount
of damages sustained, may have the damages assessed
and determined in the manner provided by law when land
is taken for the laying out of highways, by making appli-
cation at any time within the period of three years from
the taking of such land or other property or the doing of
any injury under the authority of this act ; but no appli-
cation shall be made after the expiration of said three
years. No application for assessment of damages shall
be made for the taking of any water, water right, or any
injury thereto, until the water is actually withdrawn or
diverted by said town under the authority of this act.

Section 5. The said town may, for the purpose of ^°^^^° '^*'®'"
paying the necessary expenses and liabilities incurred
under the provisions of this act, issue from time to time
bonds, notes or scrip, to an amount not exceeding in the
aggregate forty thousand dollars ; such bonds, notes and
scrip shall bear on their face the words, Holden Water
Loan, shall be payable at the expiration of periods not
exceeding thirty years from the date of issue, shall bear
interest payable semi-annually at a rate not exceeding six
per cent, per annum, and shall be signed by the treasurer
of the town and be countersigned by the water commis-
sioners hereinafter provided for. The said town may
sell such securities at public or private sale or pledge
the same for money borrowed for the purposes of this
act, and upon such terms and conditions as it may deem
proper. The said town shall pay the interest on said sinking fund.
loan as it accrues, and shall provide at the time of con-
tracting said loan for the establishment of a sinking fund,

132

Acts, 1896. — Chap. 180.

ments on loan.

Payment of
expenses, etc

and shall annually contril)ute to such fund a sum sufficient
with the accumulations thereof to pay the principal of
said loan at maturity. The said sinking fund shall remain
inviolate and pledged to the payment of said loan and
shall be used for no other purpose.
fn3Tay'^°'" Section 6. The said town instead of establishing a
sinking fund may at the time of authorizing said loan
provide for the payment thereof in such annual payments
as will in the aggregate extinguish the same within the
time prescribed in this act ; and when such vote has been
passed the amount required shall without further vote be
assessed by the assessors in said town in each year there-
after until the debt incurred by said loan shall be extin-
guished, in the same manner as other taxes are assessed
under the provisions of section thirty-four of chapter
eleven of the Public Statutes.

Section 7. The town shall raise annually by taxation
a sum which with the income derived from the water
rates will be sufficient to pay the current annual expenses
of operating its water works and the interest as it accrues
on the bonds, notes or scrip issued as aforesaid by said
town, and to make such contributions to the sinking fund
and payments on the principal as may be required under
the provisions of this act.

Section 8. Whoever wilfully or wantonly corrupts,
pollutes or diverts any of the waters taken or held under
this act, or injures any structure, work or other property
owned, held or used by said town under the authority
and for the purposes of this act, shall forfeit and pay to
said town three times the amount of damages assessed
therefor, to be recovered in an action of tort ; and upon
conviction of either of the above wilful or wanton acts
shall be punished by a fine not exceeding three hundred
dollars or by imprisonment not exceeding one year.
^ners.Tie"'*' Section 9. The Said town shall, after its acceptance
tion, terms, etc. ^f f]^[g jjq^^ ^^ .^ legal mcctiug held for the purpose, elect
by ballot three persons to hold office, one until the ex-
piration of three years, one until the expiration of two
years and one until the expiration of one year from the
next succeeding annual town meeting, to constitute a
board of water commissioners ; and at each annual town
meeting thereafter one such commissioner shall be elected
by ballot for the term of three years. All the authority
granted to the town by this act and not otherwise specially

Penalty for
corruption of
water, etc.

Acts, 1896. — Chaps. 181, 182. 133

provided for shall be vested in said board of water com-
missioners, who shall be subject however to such instruc-
tions, rules and regulations as said town may impose by
its vote. The said commissioners shall be trustees of Jf°g^„tiD"*'fund
the sinking fund herein provided for, and a majority of
said commissioners shall constitute a quorum for the trans-
action of business relative both to the water works and
the sinking fund. Any vacancy occurring in said board Vacancy.
for any cause may be filled for the remainder of the un-
expired term by said town at any legal town meeting held
for the purpose.

Section 10. This act shall take effect upon its accept- ^^^"^'"'^''^
ance by a two thirds vote of the voters of said town
present and voting thereon at a legal town meeting held
for the purpose within three years from its passage ; but
the number of meetings so called in any one year shall
not exceed four. Approved March 21, 1896.

An Act to exempt the city of chicopee from the provisions nhfijy 1 g1

OP ACTS relative TO THE RATE OF TAXATION IN CITIES. ^

Be it enacted, etc., as follows:

Section 1. The city of Chicopee is hereby exempted ^.°^Verauon
from the operation of section one of chapter three hun- of certain provi-
dred and twelve of the acts of the year eighteen hundred ^' ^
and eighty-five, of section one of chapter two hundred
and forty-seven of the acts of the year eighteen hun-
dred and ninety-three, and of section one of chapter four
hundred and forty-five of the acts of the year eighteen
hundred and ninety-three, until the first day of January
in the year nineteen hundred.

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

Ajjproved March 23, 1896.

An Act relative to the naval brigade of the militia of /^7,>77^1Q0

THE commonwealth. -^'

Be it enacted, etc, as follovjs :

Section 1. The oflScers of the naval brigade shall officers of navai
consist of one captain, who shall ])e chief of brigade, and compen8ark>n',
whose rank and pay shall be the same as that of a colonel
of infantry. Two lieutenant commanders, who shall be
chiefs of battalion, and whose rank and pay shall be the
same as that of a major of infantry. The senior lieuten-

etc.

134:

Acts, 1896. — Chap. 182.

Staff officers.

Petty staff
oflBcers.

Engineer's
force.

Signal corpB

Torpedo
division.

ant commander shall be the executive officer of the naval
brigade, the junior lieutenant commander the navigator
of the naval brigade, in addition to their duties as chiefs
of battalion. A staff, which shall consist of a surgeon,
brigade adjutant, an ordnance officer, an equipment officer,
a paymaster, who shall be the mustering officer for the
brigade, an engineer, a signal officer, and an assistant
surgeon. The surgeon shall be a lieutenant commander,
and shall have the rank and pay corresponding to that
of a major of infantry. The other staff officers, except
the paymaster, signal officer and assistant surgeon, shall
have the rank of lieutenants, and shall have the rank and
pay corresponding to that of captains of infantry. The
paymaster, signal officer and assistant surgeon shall have
the rank of lieutenant, junior grade, and shall have the
same rank and pay as first lieutenants of infantry. There
shall also be attached to the brigade staff the following
petty officers: — One master-at-arms, who shall be the
chief petty officer of the brigade, and who shall have
the rank and pay of a sergeant major of infantry. One
equipment yeoman, two paymaster's yeomen, one apoth-
ecary, and one chief bugler, all of whom shall have the
same rank and pay as non-commissioned staff of infantry.
There shall also be attached to headquarters of the naval
brigade an engineer's force, which shall consist of four
machinists, who shall have the rank and pay of non-com-
missioned staff of infantry, three water tenders and three
oilers, who shall have the same rank and pay as sergeants
and corporals of infantry, respectively, and fifteen fire-
men, who shall rate as privates of infantry. The men
comprising this division shall have, in addition to the
usual requirements for enlistment in the Massachusetts
volunteer militia, such experience as mechanics, steam
engineers or firemen as shall fit them for their several
ratings. There shall also be a signal corps attached to
headquarters of the naval brigade, which shall consist of
one chief quartermaster, who shall have the same rank
and pay as non-commissioned staff of infantry, two
quartermasters, who shall have the rank and pay of
sergeants of infantry, and eight enlisted men. There
shall also be attached to the headquarters of the naval
brigade a torpedo division, which shall consist of one
chief gunner's mate, who shall have the rank and pay
of non-commissioned staff of infantry, two gunner's

Acts, 1896. — Chap. 183. 135

mates, who shall have the rank and pay of ser-
geants of infantry, and ten seamen. For all of the
above forces the brigade commander shall be the recruit-
ing officer, and they shall be miiformed and equipped as
the commander-in-chief may direct. To each company company
of the naval brigade there shall be one lieutenant, who °
shall be chief of company, one lieutenant, junior grade,
and one ensign, who shall correspond in rank and pay
to captains and first and second lieutenants of infantry,
respectively, one chief boatswain's mate, two boatswain's
mates, two gunner's mates, two quartermasters, two cox-
swains, one bugler, one bayman and forty-four seamen ;
and the minimum numl)er of enlisted men shall be forty-
one. The chief boatswain's mate shall rank with a first
sergeant, boatswain's mates and gunner's mates with ser-
geants, coxswains and quartermasters with corporals of
infantry. The seamen and bayman shall receive the same
pay as enlisted men in companies of infantry. The duty
of the naval brigade may be performed afloat. On the
passage of this act all supernumerary enlisted men will
be honorably discharo'ed. Oflicers afiected by this act, officers affected

iiT .~. in • !• 1 1 to retain rank,

now holding commissions, shall retain their rank and etc.
position until vacancies occur in their respective grades ;
but no further elections or appointments shall be had in
such grades until the brigade is reduced to the number
of officers allowed by this act.

Section 2. All acts and parts of acts inconsistent Repeal,
with this act are hereby repealed.

Section 3. This act shall take effect upon its passage.

Approved March 25, 1896.

An Act relative to the collateral loan company. ChaiD 183

Be it enacted, etc. , as follows :

Section 1. The Collateral Loan Company, a corpora- Exempt from
tion organized under the laws of this Commonwealth, is iM5?497°efc.
hereby exempted from the operation of the provisions of
chapter four hundred and ninety-seven of the acts of the
year eighteen hundred and ninety-five, but shall be sub-
ject to the provisions of chapter four hundred and six-
teen of the acts of the year eighteen hundred and ninety,
to the same extent as if the said provisions were expressly
re-enacted as a part of this act.

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

Approved March 25, 1896.

136 Acts, 1896. — Chaps. 184, 185, 186.

Ch(ip.l84: ^^ ^^"^ MAIQNG AN APPROPRIATION FOR EXPENSES OF THE MET-
ROPOLITAN PARK COMMISSION.

Be it enacted, etc. , as folloios :

pa^rk° omm^is- Section 1 . A sum Dot exceediiig forty thousand dol-
sioners. Jars ig hereby appropriated, to be paid out of the treasury

of the Commonwealth from the ordinary revenue, to be
expended by the metropolitan park commissioners for the
care and maintenance of reservations under their charge,
and for salaries, rent, travelling expenses, stationery,
incidental and contingent expenses of said commissioners,
during the year ending on the thirty-first day of December
in the year eighteen hundred and ninety-six.

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

Approved March 25, 1896.

ChClV,\S5 -^ ■^^'^ RELATIVE TO THE BOARD OF LICENSE COMMISSIONERS OF

THE CITY OF NEW BEDFORD.

Be it enacted, etc., as folloios :

ifcensesTuwT. Section 1 . The board of Hcensc commissiouei's of the
tain cases, etc. (^j^y of New Bcdford may, upon the filing of a new^ bond
and without the payment of a license fee, issue a new
license to any holder of a license granted or transferred
by said board in the year eighteen hundred and ninety-
five, and which has been or may be revoked for any
informality in the notice of the application therefor or
the publication thereof; and any conviction which has
been or may be had of a licensee of said board by reason
of informality in his license or in the proceedings of said
board relative thereto, shall not make void a license
issued for a license year subsequent to April thirtieth,
in the year eighteen hundred and ninety-six.

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

Approved March 25, 1896.

Cha2).186

An Act relative to teachers' institutes.
Be it enacted, etc., as follows:

aiiiended.^ ^' Scctiou ouc of chapter forty-two of the Public Statutes

is hereby amended by striking out the word "fifty", in
the first line, and inserting in place thereof the words : —
twenty-five, — and by inserting after the word " schools ",
in the second line, the words : — in at least three contig-

Acts, 1896. — Chaps. 187, 188. 137

uous towns, — so as to read as follows: — Section 1. jButitea!
When the board of education is satisfied that twenty-five
teachers of public schools in at least three contiguous
towns desire to unite in forming a teachers' institute, it
shall, by a committee or by its secretary, or in case of
his inability by such person as it may delegate, appoint
and give notice of a time and place for such meeting, and
make suitable arrangements therefor.

Approved March 25, 1896.

Chaj^.lSl

An Act to determine the boundary between the towns of
gay head and chilmark.

Be it enacted, etc., as follows:

Section 1. The board of harbor and land commis- Boundary une
sioners shall examine, define and determine the boundary He^^'aSdChu-
line between the towns of Gay Head and Chilmark, and ™*''^-
the boundary line thus fixed shall be the true and correct
boundary line between said towns ; and the commissioners
shall file a report of their doings, with suitable plans and
exhibits showing the boundary line by them so located,
in the registry of deeds for Dukes County, and also in
the office of the secretary of the Commonwealth.

Section 2. Said commissioners are. hereby authorized clerical assist-
to employ, with the approval of the governor and council,
surveyors and clerical assistance so far as may be neces-
sary to carry out the provisions of this act, at an expense
not exceeding two hundred dollars.

Approved March 25, 1896.

Chap.188

An Act relative to the nevins memorial.

Be it enacted, etc., as foUoivs :

Section 1. The Nevins Memorial is hereby authorized ^--^y permit
to permit the interment, within the limits of the real '° ^™^ ' ^
estate belonging to said corporation, of the remains of
David Nevins and his wife, Eliza S. Nevins, and the erec-
tion of such monument or memorial as said corporation
may approve.

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

Approved March 25, 1896.

138

Acts, 1896. — Chaps. 189, 190.

ChavASO ^^ ■^'^'^ '^^ PROVIDE FOR PRINTING ADDITIONAL COPIES OF THE
REPORT OF THE TREASURER AND RECEIVER GENERAL.

Be it enacted, etc. , as follows :

Sea°ure°/and SECTION 1. There shall be printed for the u&e of the

receivergenerai. treasurer and receiver general four hundred copies of his

report in addition to the number now authorized by law.

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

Approved March 25, 1896.

Cha'p.

Tree wardens.

Powers and
duties.

Not to remove,
etc., certain
trees without
public notice,
etc.

To prosecute
complaints.

Compensation.
Repeal.

190 A^ -^CT TO PROVIDE FOR THE PRESERVATION OF PUBLIC SHADE
TREES, AND TO AUTHORIZE TOWNS TO ELECT TREE WARDENS.

He it enacted, etc. , as follows :

Section 1. Any town may at its annual election of
town officers elect a tree warden, to serve for one year.

Section 2. The tree warden shall have full care and
control of all public shade trees in the town. He shall
have charge of the expenditure of all public funds appro-
priated or granted for setting out shade trees, and may
order the removal of such shade trees, or parts thereof,
as he may determine to be for the best interests of the
public, after hearing parties interested.

Section 3. No tree warden or other person shall cut
down, remove or injure any live pul)lic shade tree until
the warden has given public notice of the intention so to
do by posting a notice on the tree and in at least seven
public places in the town. Said notice shall also appoint
a suitable time and place for hearing all parties interested.
At the time and place appointed the tree warden shall
attend and hear all persons appearing relative to the
matter, and shall then determine as to the necessity or
expediency of such removal, and his decision shall be
final.

Section 4. Tree wardens shall enter and prosecute
complaints for malicious injury to, or unlawful acts con-
cerning, public shade trees.

Section 5. Tree wardens shall receive reasonable com-
pensation for their services from the town treasury.

Section 6. All acts or parts of acts inconsistent here-
with are hereby repealed.

Section 7. This act shall take effect upon its passage.

Approved March 25, 1896.

Acts, 1896. — Chaps. 191, 192. 139

An Act to authorize the trustees of the peabodt museum (^J^ffy^ "jQi

OF AMERICAN ARCHEOLOGY AND ETHNOLOGY TO TRANSFER THE "'

PROPERTY HELD BY THEM TO THE PRESIDENT AND FELLOWS OF
HARVARD COLLEGE.

Be it enacted^ etc., as folloios :

Section 1. The Trustees of the Peabody Museum of MayconTey
American Archseology and Ethnology are authorized and p'reswent and
empowered to convey all the property in their hands to Harvrrd coi-
the President and Fellows of Harvard College, upon the i*'g®'«"=-
same trusts upon which it is now held by the said trustees,
and upon such other trusts not conflicting or inconsistent
therewith as the said trustees and the said president and
fellows may agree upon ; and the said President and
Fellows of Harvard College are hereby authorized to
receive the said property upon the said trusts, and shall
thereupon have all the powers and be subject to all the
duties in relation to the said property, given to and
imposed upon the said trustees by the several instruments
and deeds of trust under which they now hold the said
property.

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

Approved March 25, 1896.

An Act to incorporate the barre village improvement /^t -• qo

society. j^'

Be it enacted, etc., as follows:

Section 1. George E. Simonds, George A. Brown, Barre viiuge
Albert R. Stone, James A. Carruth, Frances W. Jenkins, 8ode~or'
Clinton C Cook, George N. Harwood, James B. Colby, po^ated.
Julia A. B. Smith, Adelaide L. Allen, Ellen A. Johnson,
Pliny H. Babbitt, James F. Davis, John W. Rice, Oramel
Clark, Mary Brimblecom Martin, Catherine W. Brown,
Lucy H. B. Harding, Henry Woods, Eugene A. Bassett,
Samuel P. Mandell, John B. Renton, J. Henry Woods,
Elize])eth W. Lee, Caroline E. Billings, Matthew Walker,
Charles G. Allen, Austin G. Wheelock, Joseph F. Gay-
lord, Helen A. Goddard, Caroline W. Woods, Alice M.
Hathorne, Lucy Rice, James O. Cook, Frank A. Rich,
Asahel N. Elliott, Minerva A. Bailey, Louise Gorham
Wilder, Elihu L. Sawyer, William H. Whiting, Alex-
ander G. Williams, Edward Flynn, Sylvester Both well,
Isabel Chase Shattuck, Marianne Russell Bartholomew,

140

Acts, 1896. — Chap. 192.

Barre Village
Improvement
Society incor-
porated.

Membership.

Trustees, elec-
tion, etc.

Proviso.

George P. King, Alberto P. Clark, George E. Allen,
Benery Ford, Mary G. Woods, J. Allen Eice, Estes
Hawes, Charles H. Osgood, Elizabeth L. Pierce, Nellie
M. Conant, Clara Maria Kice, Harding Jenkins, T. Han-
son White, J. Frank Barrett, Anna B. Comee, Mary
Bates Atwood, Charles N. Winship, Timothy H. Spooner,
George E. Bates, James Crane, John L. Smith, Mary L.
Cook, Alice C. FoUansby, Benjamin F. Brooks, William
C. Peck, Edwin J. Ames, Mary J. Rogers, Jennie R. E.
Johnson, Charles S. Root, Henry W. Harwood, James
N. Heald, Charles E. Haven, Ann J, Wadswoi-th, Rebecca
P. Smith, Lizzie IngersoU, Herbert A. Knight, Alfred
Holden, F. Eugene Williams, Annie M. Barry, Mabel
Adams Munroe, P. Mirick Harwood, Justin F. Rice,
Thomas P. Blakely, Abner R. Mott, Marshall H. Bacon,
Thomas B. May, William F. Tay, James B. Taylor,
James A. Rice, Ernest E. Rice and their associates and
successors, are hereby made a corporation by the name
of the Barre Village Improvement Society, for the pur-
pose of constructing, repairing and maintaining sidewalks
and crossings in the public streets, planting and protect-
ing shade trees by the roadsides, ornamenting and caring
for public grounds and parks in the town of Barre, under
the direction and subject to the approval of the selectmen
of said town, with power to hold, maintain, improve and
ornament any park, grove, or other lands in said town of
which said corporation may become possessed, by pur-
chase, gift or otherwise. Also to preserve natural scenery,
curiosities and places of historic interest in said town ;
with all the powers and privileges and subject to all the
duties, restrictions and liabilities set forth in all general
laws which are now or may hereafter be in force, appli-
cable to such corporations and not inconsistent with this
act.

Section 2. Said corporation shall consist of not less
than forty members, three fourths at least of which num-
ber shall be residents of the town of Barre.

Section 3. The management and control of the prop-
erty and afiairs of said corporation, suliject to its by-laws,
shall be vested in a board of twelve trustees, who shall
be elected, four each year, for the term of three years :
provided, horvever, that at the first election four trustees
shall be elected for one year, four for two years and four
for three years. Said trustees shall elect annually from

Acts, 1896. — Chap. 192. 141

their number a president, treasurer and clerk, who shall
serve until their successors are elected and qualified.
The treasurer shall give such bonds as the trustees direct.
In the case of a vacancy on the board of trustees from Vacancies.
any cause such vacancy may be filled at any regular or
special meeting of the corporation ; and in case of
vacancy in the ofiices of president, treasurer or clerk, said
vacancy may be filled at any regular meeting of the trus-
tees or at any special meeting, if notice of said election
shall have been given. In the choice of members of the No distinction
corporation and the board of trustees, or the above- account^of'sex.
named oflicers, no distinction shall be made on account
of sex.

Section 4. Said corporation may adopt such by-laws By.iaws.
as it deems best for carrying out the purposes of its
organization, and said board of trustees may make such
by-laws for their government as they see fit : provided, Proviso.
however, that such by-laws contain nothing inconsistent
with the provisions of law or this act.

Section 5. Said corporation may obtain by purchase. May obtain
gift or otherwise, lands in the town of Barre not exceed- ^''^^^' ^"'"
ing one hundred acres in extent, and may hold, develop
and administer the same for park and pleasure purposes,
the public to have free access to said lands and parks,
under reasonable regulations to be approved by the
selectmen of said town.

Section 6. Said corporation may receive and hold for Grants, be-
the purposes aforesaid an}^ grants, donations or bequests, '^"®®'*' '^'•"^•
under such conditions and rules as may be prescribed in
such grants, donations and bequests, if not inconsistent
with the provisions of law or this act ; and in the absence
of conditions attached to any grants, donations or be-
quests all funds thus received shall be held in trust, the
income only to be expended for the general purposes of
the corporation as before mentioned ; and such grants,
donations or bequests, whether in real estate or personal
property, not exceeding fifty thousand dollars in value,
in addition to the one hundred acres of land before men-
tioned, shall be exempt from taxation so long as admin-
istered for the public purposes herein set forth.

Section 7. The town of Barre is hereby authorized Town may

. , J. • 1 • appropriate

to appropriate and pay money to said corporation for the money, etc.
general purposes thereof, or for any specific purposes
wMch may be designated, and said corporation shall

142

Acts, 1896. — Chaps. 193, 194.

Copy of report
to be filed with
Belectmen.

receive and use, in conformity to this act or as desig-
nated, all such appropriations.

Section 8. The treasurer of the corporation shall, in
the month of January in each year, file with the select-
men of the town a copy of the treasurer's report, showing
the income of the corporation and the purposes for which
all sums were expended during the preceding year.

Section 9. This act shall take effect upon its passage.

Approved March 25, 1896.

C^«l?.193 ^^ ■^^'^ RELATIVE TO THE CAIXING IN OF BOOKS OF DEPOSIT BY
SAVINGS BANKS AND INSTITUTIONS FOR SAVINGS.

Be it enacted, etc., asfoUoivs:

Section forty-seven of chapter three hundred and
seventeen of the acts of the year eighteen hundred and
ninety-four is hereby amended by striking out all after
the word " verification ", in the fourth line, and inserting
in place thereof the words : — under rules to be prescribed
by their respective boards of investment, duly approved
by the board of commissioners of savings banks, — so
that the section as amended will read as follows : — Sec-
tion 4 7. During the year eighteen hundred and ninety-
five and every third year thereafter every such corpora-
tion shall call in the books of deposit of their depositors
for verification, under rules to be prescribed by their
respective boards of investment, duly approved by the
board of commissioners of savings banks.

Approved March 25, 1896.

1894, 317, § 47,
amended.

Verification
of books of
deposit.

(7^a7>.194 An Act to PRO\aDE compensation for the judges of probate

AND INSOLVENCr FOR PREPARING RULES AND BLANKS.

Judges of
probate and
insolvency,
compensation
for preparation
of certain
blanks, etc.

Be it enacted, etc., as follotvs :

Section 1 . The judges of probate and insolvency who
were charged with the duty of preparing rules of practice
and procedure and blanks for courts of probate and insol-
vency, in accordance with the provisions of chapter three
hundred and seventy-two of the acts of the year eighteen
hundred and ninety-three, shall be paid such compen-
sation for their services as the governor and council shall
determine. Such amount shall be paid in the same man-
ner as other claims against the Commonwealth.

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

Ap)p roved March 25, 1896.

Acts, 1896. — Chaps. 195, 196, 197. 143

An Act to provide for the protection of the public health QJid't), 195

IN the city of CAMBRIDGE.

5e it enacted^ etc., as follows :

Section 1 . Whenever the board of health of the city Protection of
of Cambridge shall adjudge that the public health requires, oambrK!'''°
and shall order that any lands in said city, other than
clay lands lying west of Walden street and within the
present limits of wards one and five, and lands not imme-
diately abutting on Charles or Miller's rivers, be filled to
the grade specified in such order, which grade shall not
exceed thirteen feet above mean low water, the owners of
said land shall forthwith fill the same in accordance with
said order and in a manner and with material satisfactory
to said board.

Section 2. Any justice of any court having jurisdic- Enforcement of
tion in equity may, on the petition of the board of health p"^"^'"""*-
of said city, enforce the provisions of this act by any
proper process or decree.

Section 3. This act shall take effect upon its passage.

Ajyproved March 25, 1896.

An Act to authorize the Arlington co-operative association C/]ian.\^Q
TO increase its capital stock.

Be it enacted, etc., as follows:

The Arlington Co-operative Association is hereby May increase
authorized to increase its capital stock in the manner ''^p""' *'"*'''•
provided by law, at such times and in such amounts as it
may from time to time determine ; provided, that the Proviso,
whole amount of the capital stock of said Arlington Co-
operative Association shall not exceed two hundred and
fifty thousand dollars. Approved March 25, 1896.

Chap.197

An Act to authorize the city of north adams to issue bonds,
notes or scrip for the purpose of acquiring land and of
erecting public buildings thereon.

Be it enacted, etc. , as follows :

Section 1. The city of North Adams may issue bonds, school House
notes or scrip of the city to an amount not exceeding the Lol^onsge'.'
aggregate principal sum of one hundred and seventy
thousand dollars beyond the limit now prescribed by law.
Such bonds, notes and scrip shall be designated, School

144

Acts, 1896. — Chap. 198.

Sinking fund,
etc.

Sale of bonds,
purchase of
lands, etc.

Not to be
included in
determining
debt limit.

House and City Hall Loan of 1896, and bo payable in
not exceeding thirty years from their date, and bear
interest at a rate not exceeding four per centum per
annum, and shall be signed by the treasurer and counter-
signed by the mayor of the city.

Section 2. The city shall provide a sinking fund and
shall contril)ute thereto sums raised annually by taxation
which shall be sufficient with accumulations to pay at
maturity the principal of any bonds, notes or scrip issued
under this act, but if any of such bonds, notes and scrip
shall be so payable that a portion thereof shall be due
annually no sums need be paid into such fund in respect
thereof.

Section 3. The city council may authorize the treas-
urer to sell any such bonds, notes or scrip, in his dis-
cretion, for not less than the par value thereof, or to
pledge the same for borrowed money. The proceeds
thereof shall be used to buy, acquire, take and pay for
the real estate on the southwestern corner of Summer and
Morris streets, and land adjacent thereto known as the
Hodskins property, and lands adjacent to the state normal
school grounds, and lands on Johnson street and at Bray-
tonville and elsewhere in the said city, and to erect and
maintain a city hall, public schools and other buildings
for the uses of the city. The said lands shall be used for
a city hall, city offices, public schools and other munici-
pal purposes. No appropriation for the said land at the
corner of Summer and Morris streets or for the Hodskins
property shall be required to be ratified by the legal
voters of the city.

Section 4. No bonds, notes or scrip issued under
this act shall be included in determining the limit of debt
of the city.

Section 5. This act shall take effect upon its passage.

Apjiroved March 25, 1S96.

Chap.198

Laying out, re-
pairing, etc.,
of highways in
Somerville.

An Act relative to highways in the city of somerville.

Be it enacted., etc., as folloios :

Section 1. The city council of the city of Somerville
shall, subject to the veto power of the mayor, have exclu-
sive authority and power to lay out, locate anew, discon-
tinue, make specific repairs in, widen and otherwise alter
and fix the grade of highways within the limits of said

Acts, 1896. — Chaps. 199, 200. 145

city and to estimate and assess the damages sustained
thereby by any person, but action upon said matters shall
be first taken by the board of mayor and aldermen, and
any person aggrieved by the decision of the city council
in the estimate of damages shall have the same remedies
,as in the case of town ways.

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

Approved March 25, 1896.

Chap.im

An Act relative to parks.
Be it enacted, etc., as follows:

Section 1. Whoever violates any rule or regulation Penalty for
for the government or use of any public reservation, ri^es^'erc^^reia-
parkway or boulevard, made under authority of law l)y ^^""'^ ^° v^^^^^-
any Ijoard or ofiicer in charge thereof, shall for each
offence be punished by a fine not exceeding twenty dol-
lars, on complaint before any court of competent juris-
diction.

Section 2. All acts and parts of acts inconsistent Repeal,
herewith are hereby repealed.

Ap)proved March 25, 1896.

An Act to authorize the town of leominster to incur in- (JJiar).200

DEBTEDNESS BEYOND ITS DEBT LUVHT FOR THE PURPOSE OF IN-
creasing ITS WATER SUPPLY.

Be it enacted, etc., as folloivs:

Section 1 . The town of Leominster may, for the pur- May issue

p . .1 T T 1 .1. . bonds, notes

pose of paying the necessary expenses and liabilities and scrip, etc.
incurred under the provisions of chapter two hundred and
forty-nine of the acts, of the year eighteen hundred and
seventy-one, and for the purpose of increasing the water
supply of said town, issue from time to time bonds, notes
and scrip to an amount not exceeding two hundred
tiiousand dollars in addition to the amount noAv author-
ized by law. Such bonds, notes and scrip shall be
payable at periods not exceeding thirty years from the
date of issue, shall bear interest payable semi-annually
at a rate not exceeding four per cent, per annum, and
shall be signed by the town treasurer and countersigned
by a majority of the board of selectmen. Said town may
sell said securities at public or j^rivate sale or pledge the
same for money borrowed for the purposes of this act,

146

Acts, 1896. — Chap. 201.

Not to be con-
sidered in deter-
mioiDg debt
limit.

Payment of
loan, etc.

but the same shall not be sold for less than the par value
thereof.

Section 2. The indebtedness incurred under this act
shall not be considered or reckoned in determining the
limit of indebtedness of the town of Leominster under the
provisions of law limiting the indebtedness of towns and
cities.

Section 3. There shall be annually paid to the sink-
ing fund commissioners of the town of Leominster from
the net income of the water department of said town,
after the payment of the expense of the maintenance of
the works and the interest of the water debt, such sum
as shall with the accumulations of interest thereon be
sufficient to pay at the maturity thereof the water bonds,
notes or scrip issued under the authority of this act.

Section 4. This act shall take eftect upon its passage.

Ap2iroved March 25, 1896.

City of North
AfianiB Water
Loan, Act of
1896.

CTiap.^OX -^N Act to authorize the city of north adams to issue bonds

FOR THE PURPOSE OF COMPLETING ITS RESERVOIR AND FOR SUP-
PLYING THE INHABITANTS OF THE CITY WITH PURE WATER.

Be it enacted, etc. , as follows :

Section 1. The city of North Adams may, for the
purpose of completing its reservoir at the Notch, so-
called, and generally for the purpose of supplying the
inhabitants of the city with pure water, issue bonds,
notes or scrip to an amount not exceeding thirty thou-
sand dollars in addition to all amounts heretofore author-
ized. Such bonds, notes or scrip shall bear on their ftice
the words. City of North Adams Water Loan, Act of
1896, shall be payable at the expiration of periods not
exceeding forty years from the date of issue, shall bear
interest payable semi-annually at a rate not exceeding
four per cent, per annum, and shall be signed l)y the
treasurer and countersigned by the mayor. The city
council may authorize the treasurer to sell such securities
at public or private sale, at not less than par, or pledge
the same for money borrowed for the purposes of this
act, upon such terms and conditions as said city council
may deem proper.

Section 2. The city council shall provide at the time
of contracting said loim for the establishment of a sink-

Payment of
loan.

Acts, 1896. — Chap. 202. 147

ing fund, and shall annually contribute to such fund a Payment of
sum sufficient with the accumulations thereof to pay the
principal of said loan at maturity. The said sinking fund
shall remain inviolate and pledged to the payment of said
loan and shall be used for no other purpose. Said city
council instead of establishing a sinking fund may pro-
vide for the payment of such bonds, notes and scrip in
annual payments of such amounts as will in the aggregate
extinguish the same within the time prescribed in this
act. The income from the water rates not applicable to
the payment of other water debts of the city shall l>e
applied to the payment of the principal and interest of
such bonds, notes and scrip, and the city shall raise by
taxation such sums as shall l)e necessary in addition
thereto to pay the said principal and interest sums as
they shall liecome due.

Section 3. This act shall take effect upon its passage.

Approved March 25, 1896.

Ghap.202

An Act relative to the water loan of the city of Worcester.
Be it enacted, etc. , as foUotvs :

Section 1 . Section three of chaioter three hundred i^^^' ^^t" ^ ^'

. »i r>i • ^ 11 amended.

and eighty-four ot the acts of the year eighteen hundred
and ninety-five is hereby amended by striking out all after
the word " dollars ", in the ninth line, and inserting in
place thereof the words : — sul)ject to the provisions of
chapter twenty-nine of the Pul>lic Statutes and acts in
amendment thereof, — so that the section as amended will
read as follows : — Section 3. For the purpose of de- Worcester
fraying all costs and expenses incident to the acts herein ^ ^^ *'"^'
authorized, including the payment for land and water
rights taken, the city council shall have authority to
borrow from time to time such sums of money, and to
issue notes, bonds or certificates therefor, to be denomi-
nated on the face thereof, Worcester Water Scrip, as
said council shall deem necessary, to an amount not ex-
ceeding five hundred thousand dollars, subject to the pro- p. s. 29, etc, to
visions of chapter twenty-nine of the Public Statutes and "^^^^"
acts in amendment thereof.

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

Ax)proved March 25, 1896.

148

Acts, 1896. — Chaps. 203, 204.

p. g. 181, § 42,
amended.

Opening of
foreclosure of
certain mort-

Chap.2i03 ^^ ^^'^ RELATIVE TO FORECLOSURES OF POWER OF SALE MORT-
GAGES.

Be it enacted^ etc., as follows :

Section 1. Section forty-two of chapter one hundred
and eighty-one of the Public Statutes is hereby amended
by adding at the end of said section the following words :
— but nothing in this section shall apply to a foreclosure
under a power of sale mortgage, — so as to read as fol-
lows : — /Section 42. If after the foreclosure of a mort-
gage the person entitled to the debt recovers judgment
for any part of it on the ground that the value of the
mortgaged premises at the time of the foreclosure was
less than the sum due, such recovery shall open the fore-
closure, and the person entitled may redeem the premises,
notwithstanding the three years limited in that behalf have
expired, provided that his suit for redemption is brought
within one year after the recovery of such judgment ; but
nothing in this section shall apply to a foreclosure under
a power of sale mortgage.

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

Ap^yroved March 25, 1S96.

Ch(l7)-204: -^^ ^^^ RELATIVE TO THE POWERS OF THE STREET COMMISSIONERS

OF THE CITY OF BOSTON.

1895, 449, § 23,
amended.

Be it enacted, etc., as follows :

Section 1. Section twenty-three of chapter four hun-
dred and forty-nine of the acts of the year eighteen hun-
dred and ninety-five is hereby amended by adding at the
end thereof the words : — and said board of street com-
missioners shall continue to prepare plans of such terri-
tory or sections of land in said city as said board may
deem necessary, and to perform all other acts which said
board of survey was authorized to perform by chapter
three hundred and twenty-three of the acts of the year
eighteen hundred and ninety-one and acts in amendment
thereof or in addition thereto, until plans shall have been
made for all such lands or territories, — s'o that said sec-
tion as amended will read as follows : — Section 23. The
duue^?"^^" "°^ board of survey of the city of Boston is hereby abolished,
and the powers and duties now exercised by the said
board of survey are hereby transferred to the board of

Street commis-
sioners of Bos

Acts, 1896. — Chap. 205. 149

street commissioners, and said board of street commis-
sioners shall continue to prepare plans of such territory
or sections of land in said city as said board may deem
necessary, and to perform all other acts which said board
of survey was authorized to perform by chapter three
hundred and twenty-three of the acts of the year eighteen
hundred and ninety-one and acts in amendment thereof
or in addition thereto, until plans shall have been made
for all such lands or territories.

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

Apj^roved March 25, 1896.

An Act to incorporate the templeton street railway com-
pany.

Ckap.205

Be it enacted, etc., as follows :

Section 1. Isaac Bourn, Sewell F. Greenwood, John Tempieton
F. Chamberlin, George W. Bourn, Eugene Lincoln, company"'''^
Frederick Greenwood, Charles E. Ingalls'and Henry J. incorporated.
Wright, their associates and successors, are hereby made
a corporation under the name of the Templeton Street
Railway Company, with all the powers and privileges
and subject to all the duties, conditions and restrictions
set forth in all general laws that now are or hereafter
may be in force relating to street railway companies.

Section 2. Said company may locate, construct, main- May locate, con.
tain and operate its railway in such manner as may he TJu^&yln'cer.
convenient and necessary, in part upon private land, and "''° 'o^°*-
upon streets and highways in the towns of Templeton
and Gardner, subject to the apjjroval and under the con-
trol of the selectmen of the respective towns, as provided
by general law. No location on private land shall exceed
fifty feet in width.

Section 3. The proceedings for the fixing of the Location, taking
route and location of said railway for all the route out- ertyfac? ^''°^'
side of streets and highways, and for the taking of private
property and for the determination and payment of dam-
ages therefor, shall be similar to those prescribed by gen-
eral law in relation to railroads, except as hereinafter
otherwise provided ; but if upon petition of the directors
and after notice and hearing thereon, as provided in
section twenty-one of chapter one hundred and thirteen
of the Public Statutes, the selectmen of any town agree
with the directors as to any proposed extension of the

150

Acts, 1896. — Chap. 205.

Capital Btock.

May issue mort-
gage bonds, etc.

May transact
business of a
common carrier
of goods, etc.

May leaBe its
road, etc.

May hold water
power, lands,
etc.

Authority to
cease under cer-
tain conditioua.

route of said railway therein which is in part located on
private land, and the selectmen shall sign and give to the
directors a certificate setting forth such route, and if such
certificate with the directors' acceptance thereof in writing
is recorded in the registry of deeds for the county of
Worcester within thirty days after the date of said certifi-
cate, it shall be deemed the true location of the tracks of
the company and a taking of the private lands therein
indicated.

Section 4. The capital stock of said company shall
not exceed fifty thousand dollars, provided that said
company may increase its capital stock, subject to the
provisions of the general laws relative thereto.

Section 5. Said company, in order to meet expenses
incurred under this act, may issue bonds not exceeding
the amount of its capital stock and payable within a period
not exceeding thirty years from the date thereof, secured
by a mortgage of its franchise and property, subject to
the general laws relative thereto ; and in such mortgage
may reserve to its directors the right to sell or otherwise
in due course of business dispose of property included
therein which may become unsuitable for use, provided
an equivalent in value is su1)stituted therefor.

Section 6. Said company may transact the business
of a common carrier of goods and merchandise, and may
use its tracks for that purpose, sul)ject to the provisions
of chapter seventy-three of the Public Statutes relating
to common carriers.

Section 7. Said company may lease its road to, and
its road may be leased by, the Gardner Street Railway
Company, subject to the general laws relative thereto,
upon such terms as may be approved by a majority in
interest of the stockholders of both corporations at meet-
ings called for the purpose.

Section 8. Said company may acquire by purchase
and hold any water power and appurtenant lands, for the
purpose of furnishing motive power for its own use or for
the use of any connecting street railway.

Section 9. The authority herein granted shall cease
as to the location in any town, when no portion of the
proposed road has been Ijuilt and put in operation at the
end of two years from the passage of this act.

Section 10. This act shall take effect upon its passage.

Ap2)roved March 25, 1896.

Acts, 1896. — Chaps. 206, 207. 151

An Act to authorize the city of boston to pay a sum op QJifiny 206

MONEY to the WIDOW OF DUNCAN McARTHUR. "

Be it enacted, etc., as follovjs :

The city of Boston is hereby authorized to pay to the in favor of
widow of Duncan McArthur late second assistant assessor ^'n n'cArthur.
of said city the balance of salary to which he would have
been entitled had he lived and continued to be such
officer until the expiration of the term for which he was
appointed. Approved March 25, 1896.

An Act to authorize the city of brockton to make an (^Tjf,Yi 207

ADDITIONAL LOAN FOR SURFACE DRAINAGE. "'

Be it enacted, etc., as follows :

Section 1 . In addition to the sums already authorized city of Brock-

„, j^-1'i 1111T *°° Drainage

tor the purposes mentioned m chapter three hundred and Loan, Act of
nine of the acts of the year eighteen hundred and eighty-
eight, chapter two hundred and twenty-one of the acts of
the year eighteen hundred and eighty-nine and chapter
ninety-nine of the acts of the year eighteen hundred and
ninety, the city of Brockton is hereby authorized to issue
from time to time, outside its debt limit, bonds, notes or
scrip to an amount not exceeding fifty thousand dollars.
Such bonds, notes or scrip shall be denominated on their
face, City of Brockton Drainage Loan, Act of 1896, and
shall be payable at the expiration of periods not exceeding
thirty years from their date of issue, and shall liear such
rate of interest, not exceeding five per cent, per annum,
as the city council shall determine. Said city may sell
such securities at pul)lic or private sale, or pledge the
same for not less than the par value for money borrowed
for the purposes of this act, upon such terms and con-
ditions as it may deem proper, and shall provide for the
payment of said indebtedness by fixed annual propor-
tionate payments. The sinking fund of any loan of the
city may be invested therein.

Section 2. The provisions of chapter twenty-nine p. s. 29, etc.,
of the Public Statutes and acts in amendment thereof '"^pp'^-
and in addition thereto, except as otherwise herein pro-
vided, shall apply to the indebtedness herein authorized
and the securities issued hereunder.

Section 3. This act shall take effect upon its passage.

Ajyproved March 2o, 1896.

152

Acts, 1806. — Chaps. 208, 209.

Chap.20S

Suits on probate
bonds.

An Act relative to suits on probate bonds.
Be it enacted^ etc., as follows :

Section 1. The wife of a judge of probate may be
made a party defendant in any suit upon a bond given to
him or his predecessor as such judge.

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

Approved March 25, 1896.

Chap.20Q An Act relative to the laying out and construction of

CERTAIN HIGHWAYS IN THE CITY OF BOSTON.

1895, 334, § 2,
amended.

Sale of bonds,
etc.

Not to be
reckoned in
determining
debt limit, etc.

1895, 334, § 4,
amended.

Cost of con-
struction, etc.

Be it enacted, etc. , as follows :

Section 1 . Section two of chapter three hundred and
thirty-four of the acts of the year eighteen hundred and
ninety-five is hereby amended by adding at the end thereof
the words: — Interest shall be paid on said bonds, and
sinking funds shall be established and maintained there-
for, as prescribed in chapter three hundred and twenty-
three of the acts of the year eighteen hundred and ninety-
one and acts in amendment thereof or in addition thereto
for bonds issued under the provisions of said chapter, —
so that the said section as amended will read as follows :
— Section 2. Said bonds shall bear interest payable
semi-annually on the first days of January and July of
each year ; shall be registered or with interest coupons
attached, be sold and disposed of in such manner and at
such times and prices and in such amounts and at such
rates of interest, not exceeding four per cent, per annum,
and for such terms, not less than thirty nor more than
forty years, as said treasurer with the approval of the
mayor shall determine, and shall not be reckoned in
determining the limit of indebtedness of said city. In-
terest shall be paid on said bonds, and sinking funds
shall be established and maintained therefor, as pre-
scribed in chapter three hundred and twenty-three of the
acts of the year eighteen hundred and ninety-one and acts
in amendment thereof or in addition thereto for bonds
issued under the provisions of said chapter.

Section 2. Section four of said chapter is hereby
amended by striking out all of said section after the word
" acts ", in the seventh line thereof, so that the said sec-
tion as amended will read as follows : — Section 4. The
costs incurred in carrying out any order of the board of

Acts, 1896. — Chaps. 210, 211, 212. 153

street commissioners of said city relating to the laying
out or constructing of any public way aforesaid shall be
determined in accordance with the acts authorizing such
laying out or constructing, and said cost shall be repaid to
said city in the manner prescribed in said acts.

Section 3. This act shall take effect upon its passage.

Approved March 25, 1896.

Chap.210

Draisers in

An Act relative to the appointment of appraisers in pro-
ceedings BEFORE PROBATE COURTS.

Be it enacted, etc. , as follows :

Section 1. In any case ])efore a probate court when Appr
it becomes necessary to apjn-aise property said court may, before prXite
when the property to l)e ai)praiscd is of small value, ap-
point only one appraiser.

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

App)roved March 26, 1896.

courts.

Chap.^n

An Act to extend the time for the location op the rail-
road op THE QUINCY QUARRY COMPANY.

Be it enacted, etc. , as folloivs :

Section 1. The time within which the Quincy Quarry Time extended.
Company is required to locate the railroad provided for
by chapter one hundred and eighty-nine of the acts of
the year eighteen hundred and ninety-five is hereby ex-
tended for the term of six months from the twenty-eighth
day of March in the present year.

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

Approved March 26, 1896.

An Act to authorize the town of stoneham to incur in- /^/i/y/v) 919
debtedness for the purpose of constructing and main- ^ '

taining a system of sewerage.

Be it enacted, etc., as folloios:

Section 1. The town of Stoneham, for the purpose stoneham
of defraying the expense of constructing and maintaining AcTof%6;'°''°'
a system of main drains and common sewers, is hereby
authorized to issue from time to time notes, bonds or
scrip to an amount not exceeding one hundred and thirty
thousand dollars beyond the limit of indebtedness fixed
by law, to be denominated on the face thereof, Stoneham
Sewerage Loan, Act of 1896, bearing interest at a rate

154 Acts, 1896. — Chap. 212.

not exceeding four per cent, per annum, payable semi-
annually, the principal to be payable at periods of not
more than thirty years from the date of issue, and shall
be signed by the treasurer and countersigned by the sewer
commissioners. Said town may sell said bonds, notes or
scrip, or any part thereof, from time to time, at pulilic
or private sale ; but none of said bonds, notes or scrip
shall be issued or sold except in compliance with the vote
of the town nor for less than the par value thereof.

W^'°eu!*°* Section 2. The receipts from payments, assessments

and from such annual rates for the use of such sewers as
said town may by vote establish, after deducting the cur-
rent expenses for and incident to the maintenance and
operation of said sewers, shall be applied, first to the
payment of the interest upon the bonds, notes or scrip
issued under the authority of this act not otherwise pro-
vided for, and the balance shall be set apart for the pay-
ment or redemption of said bonds, notes or scrip, or for
the payment of sewer construction and maintenance, as
the town shall vote, and shall be used for no other pur-
pose. If the said receipts in any one year, not appro-
priated for the construction and maintenance of sewers,
shall be insufficient to pay the interest on said bonds,
notes or scrip, and the principal as it falls due, then in
such case the town shall raise forthwith such sum as will
meet said requirement.

^tc.%f'l°B8™t"'' Section 3. The board of sewer commissioners of said

ments. towii Oil the writtcu request, made within three months

after notification of assessment, of any owner of an estate
assessed by said commissioners for its proportional part
of the charge of making and maintaining sewers, shall
apportion such assessment into such number of equal
parts or instalments, not exceeding five, as said owner
shall state in such request ; and said board shall certify
such apportionment to thfe assessors of said town, and
one of said parts or instalments, with interest from the
date of said apportionment at the rate of five per cent,
per annum, shall be added by the assessors to the annual
tax on such estates for each year next ensuing until all of

ProviBo. said parts have been so added and paid : provided^ that

nothing herein contained shall be construed to prevent
the payment at any time in one payment of any balance
of said assessments then remaining unpaid, notwithstand-
ing such prior apportionment. Such assessments shall

Acts, 1896. — Chaps. 213, 214. 155

constitute a lien upon the real estate assessed and shall ^D\utute°a*iien
continue for two years after they are laid, or, if the upon real estate,
assessment is divided into proportional parts, until the
expiration of two years from the time when the last
instalment is added by the assessors and remitted to the
collector, and shall be collected in the same manner as
taxes upon real estate, or in an action of contract in the
name of the city or town.

Section 4. This act shall take eflfect upon its passage ; when to take
but no expenditure shall l)e made and no liability incurred
under the same unless this act shall first be accepted by
vote of two thirds of the legal voters of said town present
and voting thereon at a legal meeting called for that pur-
pose within one year from the date of its passage.

AY)proved March 28, 1896.

Chap.21S

An Act making an appropriation for salaries and expenses
of the massachusetts highway commission.

Be it enacted, etc., as folloios:

Section 1 . A sum not exceeding twenty-five thousand Massachusetts

_ . ® ''. f, highway com-

dollars is hereby appropriated, to be paid out of the mission,
treasury of the Commonwealth from the ordinary revenue,
for the payment of salaries and expenses of the Massa-
chusetts highway commission, pending the action of the
legislature on the proposition to continue the building of
state highways and the issuing of a loan therefor, as
provided for 1)y chapter twelve of the resolves of the
present year.

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

Approved March 28, 1896.

An Act to authorize the city of fall river to lay out and Cj1inr\ 214
CONSTRUCT a STREET OR WAY THROUGH THE FRANCIS BURIAL
GROUND.

He it enacted, etc., as folloios:

Section 1 . The city of Fall River is hereby author- May lay out
ized to lay out and construct the street or way known as the^Frand"^
Palmer street, in, upon and through the private burial ^""*' ground.
ground known as the Francis burial ground, situated near
the intersection of said Palmer street, as proposed to be
laid out with Plymouth avenue : iirovided, that no l^urial Proviso,
lot in which are buried the remains of the dead shall be
entered upon under the provisions of this act until such

Proviso.

156 Acts, 1896. — Chap. 215,

remains shall have been removed to some other cemetery
and duly interred therein, with all headstones as they
now exist transferred so as to mark the appropriate
graves, without expense to the owner of or persons
interested in such burial lot.
Damages. SECTION 2. Said city shall be liable to the owners of

and all parties interested in said burial lot, to pay all
damages sustained in their property by the taking of any
lands under the provisions of the preceding section. If
said owners or any party interested as aforesaid cannot
agree with the city upon the amount of said damages such
owners or party may have said damages assessed in the
same manner as is provided in case of taking land for
highways : provided, that any application for a jury to
assess said damages shall be made within one year after
said damages are sustained.

Section 3. This act shall take effect upon its passage.

Approved March 28, 1896.

Chap.2lL5 ^^ -^CT TO AUTHORIZE THE PARK COMMISSIONERS OF WALTHAM TO
TAKE CERTAIN LANDS FOR A WATER PARK.

Be it enacted, etc., as follows:

urJilTildVfo'r Section 1. The park commissioners of the city of
park purposes. ^Yaltliaui, for the purpose of establishing a water park,
are hereby authorized to take by purchase or otherwise
any or all of the land on the banks of the Charles river
within said city which is now or may hereafter be covered
with water. Such taking shall impair no rights of flowage
belonging to any private corporation, but the city may
from time to time, for the purpose of abolishing the same,
purchase from any private individual or corporation any
flowage rights over lands which may be taken by virtue
1882, 154, etc., to of till s act. The provisions of chapter one hundred and
lifty-four of the acts of the year eighteen hundred and
eighty-two and all acts in amendment thereof or in addi-
tion thereto shall apply to the taking of lands under the
provisions of this act.

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

Approved March 28, 1896.

Acts, 1896. — Chaps. 216, 217. 157

An Act relative to the legacy of the late george l. CjJinjj 216

RANDIDGE. "'

Be it enacted^ etc. , as follows :

Section 1. The city of Boston is hereby authorized Randidge Trust
to receive the legacy of fifty thousand dollars left by the
late George L. Eandidge to said city as a trust fund to be
designated the Eandidge Trust Fund, the income thereof
to be applied forever under the sole direction of the
mayor of said city for the time being for the sole purpose
of afibrding to the children of the poor of said city of all
religious denominations the pleasure of one or more
excursions during the months of July and August in each
year, and is further authorized to expend the income of
said legacy in accordance with the terms thereof, as here-
inbefore set forth.

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

Aiyproved March 28, 1896.

Chap.217

An Act to incorporate the weston water company.
Be it enacted, etc., as follows:

Section 1. Charles J. Paine, Albert H. Hews, Charles weston water
H. Fiske, Fred W. Jackson and Horace S. Sears, their ^ZIT "''°'"
associates and sucx^essors, are hereby made a corporation
under the name of the Weston Water Company, for the
purpose of supplying the town of Weston and its inhabi-
tants with water for the extinguishment of jfires and for
domestic, manufacturing and other purposes ; with all
the powers and privileges and sul)ject to all the duties,
restrictions and liabilities set forth in all general laws
which now are or may hereafter be in force applicable to
such corporations.

Section 2. Said corporation, for the purposes afore- May take
said, may lease, take, acquire, by purchase or otherwise, I'and's^et^f^'^**
and hold the waters of any stream, well or spring within
the limits of the town of Weston, or any other waters at
any point in said Weston, and all the water rights con-
nected therewith, and may obtain and take water by
means of bored, driven, artesian or other wells, on any
land within the limits of said town, and hold and convey
said water through said town ; and may also take and
hold, by purchase or otherwise, all lands, rights of way
and easements necessaiy for holding and preserving such

158

Acts, 1896. — Chap. 217.

inge, lay down
pipes, etc

Provisos.

water and for conveying the same to any part of said
May erect bHiid- town ; and may erect on land thus taken or held proper
dams, buildings, fixtures, reservoirs and other structures,
and may make excavations, procure and operate machin-
ery, and provide such other means and appliances as may
be necessary for the establishment and maintenance of
complete and etfective water works ; and may construct
and lay down conduits, pipes and other works, under or
over any lands, water courses, railroads or public or
private ways, and along any such ways in such manner as
not unnecessarily to obstruct the same ; and for the pur-
pose of constructing, maintaining and repairing such
conduits, pipes and other works, and for all proper pur-
poses of this act, said corporation may dig up any such
lands and ways : provided, hoivever, that said corporation
shall not enter upon and dig up any public ways except
with the approval of the board of selectmen of the town
in which such ways are situated, after a public hearing by
said board, of which at least ten daj^s' notice shall be
given by publishing an attested copy of said notice in a
newspaper published in said town, if any, and by posting
an attested copy of said notice in at least five public
places in said town ; provided, further, however, that no
hearing shall be necessary in cases where said ways are
to be entered upon and dug up by said corporation for
the purpose of constructing extensions to its plant and
maintaining and repairing such conduits, pipes and other
works, provided, further, however, that said corporation
shall not have the right to take or interfere in any way
with the water sources or water supplies already in use
or that may hereafter be used l)y any corporation or indi-
vidual in said town in supplying water to inhaljitants
thereof, for domestic, manufacturing or other uses.

Section 3. Said corporation shall, within sixty days
after the taking of any lands, rights of way, water rights,
water sources or easements as aforesaid, otherwise than
by purchase, file and cause to be recorded in the registry
of deeds for the county and district in which the same are
situated a description thereof sufiiciently accurate for
identification, with a statement of the purpose for which
the same were taken, signed by the president of the
corporation.

Section 4. Said corporation shall pay all damages
sustained by any person in property by the taking of any

Description of
lands, etc.,
to be recorded

Pamages.

Acts, 1896. — Chap. 217. 159

land, right of way, water, water source, water right or Damages.
easement, or by any other thing done by said corporation
under the authority of this act. Any person sustaining
damaoes as aforesaid under this act, who fails to agree
with said corporation as to the amount of damages sus-
tained, may have the damages assessed and determined
in the manner provided by hiw when land is taken for the
laying out of highways, on application at anytime within
the period of one year from the taking of such land or
other property or the doing of other injury under the
authority of this act ; but no such application shall be
made after the expiration of one year. No application
shall be made for the assessment of damages for the
taking of water or water rights, or for any injury thereto,
until the water is actually withdraAvn or diverted by said
corporation under the authority of this act.

Section 5. Said corporation may distril)ute water Distribution of
through the town of Weston, may regulate the use of ^"'^'''■' ^"=-
said water and fix and collect the rates to be paid for the
use of the same ; and may make such contracts with said
town, or with any fire district that may hereafter be
established therein, or with any individual or corpora-
tion, to supply water for the extinguishment of fire or
for any purposes, as may be agreed upon by said town
or such fire district, individual or corporation, and the
said corporation, and may establish public fountains and
hydrants and relocate and discontinue the same.

Section 6. Said corporation may, for the purposes Real estate,
set fortli in this act, hold real estate not exceeding in "'"^"^ ^""^
value twenty-five thousand dollars, and the whole capital
stock of said corporation shall not exceed fifty thousand
dollars, to be divided into shares of one hundred dollars
each.

Section 7 . Immediately after the payment of the cap- certificate of
ital of said company a certificate shall be signed and MpiTa'i^o be
sworn to by its president, treasurer and at least a major- *^'^'* ®'*'"
ity of the directors, stating the fact of such payment, the
manner in which the same has been paid in, and the
manner in which such capital has been invested, or voted
by the corporation to be invested, at the time of making
the certificate. Such certificate shall be approved by the
commissioner of corporations and shall be filed in the
office of the secretary of the Commonwealth. The con-
veyance to the corporation of property, real or personal,

160

Acts, 1896. — Chap. 217.

May issue
mortgage bonds,
etc.

Issue of stock
and bonds to be
approved by
commiBsioner
of corporations.

Penalty for
corruption of
water, etc.

Town may take
franchise, prop-
erty, etc., at any
time.

at a fair valuation, shall be deemed a sufficient paying in
of the capital stock to the extent of such value, if a state-
ment is included in the certificate, made, signed and sworn
to by its president, treasurer and a majority of its direc-
tors, giving a description of such property and the value
at which it has been taken in payment, in such detail as
the commissioner of corporations shall require or ap-
prove, and endorsed with his certificate that he is satis-
fied that said valuation is fair and reasonable.

Section 8. Said corporation may issue bonds and
secure the same by a mortgage on its franchise and other
property to an amount not exceeding its capital stock
actually paid in. The proceeds of all bonds so issued
shall only be expended in the extension of the works of
the company and for the payment of expenditures actu-
ally made in the construction of the works, over and
above the amount of the capital stock actually paid in.

Section 9. The capital stock and bonds hereinbefore
authorized shall be issued only in such amounts as may
from time to time, upon investigation by the commis-
sioner of corporations, be deemed by him to be reason-
ably requisite for the purposes for which such issue of
stock or bonds has been authorized. His decision ap-
proving such issue shall specify the respective amounts
of stock and lionds authorized to be issued and the pur-
poses to which the proceeds thereof are to be applied.
A certificate settins; forth his decision shall be filed in
the ofiice of the secretary of the Commonwealth before
the certificates of stock or the bonds are issued, and the
proceeds of such stock or bonds shall not be applied to
any purpose not specified in such decision.

Section 10, AVhoever wilfiilly or wantonly corrupts,
pollutes or diverts any of the waters taken or held under
this act, or injures any structure, work or other property
owned, held or used by said corporation under the au-
thority and for the purposes of this act, shall forfeit and
pay to said corporation three times the amount of dam-
ages assessed therefor, to be recovered in an action of
tort ; and upon conviction of any of the al)ove wilfiil or
wanton acts shall be punished by a fine not exceeding
three hundred dollars or by imprisonment not exceeding
one year.

Section 11. Said town of Weston shall have the
right at any time to take, by purchase or otherwise, the

Acts, 1896. — Chap. 217. 161

franchise, corporate property and all the rights and priv-
ileges of said corporation, on payment to said corpora-
tion of the actual cost of its franchise, works and prop-
erty of all kinds held under the provisions of this act,
including in such cost interest on each expenditure from
its date to the date of said purchase or taking, as herein
provided, at the rate of five per cent, per annum. If the
cost of maintaining and operating the works of said cor-
poration exceeds in any year the income derived from
said works by said corporation for that year, then such
excess shall be added to the total cost ; and if the income
derived from said works by said corporation exceeds in
any year the cost of maintaining and operating said works
for that year, then such excess shall be deducted from the
total cost. An itemized statement of the receipts and statement of

i receipts and ex-

expenditures of said corporation shall be annually sul)- penditures to

DC 6uomitt6(l

mitted to the selectmen of the town of Weston, and by annually.
said selectmen to the citizens of said town. If said cor-
poration has incurred indebtedness the amount of such
indebtedness outstanding at the time of such takino; shall
be assumed by said town and shall be deducted from the
amount required to be paid by said town to said corpora-
tion under the foregoing provisions of this section. This Purchase to be

,i.,, 1 !/• !• 1 , • nssented to by

authority to purchase such franchise and property is a two thirds
granted on condition that the purchase is assented to by ^°'*''
said town by a two thirds vote of the voters of said town
present and voting thereon at a meeting legally called for
that purpose.

Section 12. Said town may, for the purpose of pay- weston water
ing the cost of said corporate property and the necessary ^°'"''
expenses and liabilities incurred under the provisions of
this act, issue from time to time bonds, notes or scrip,
to an amount not exceeding in the aggregate one hundred
thousand dollars ; such bonds, notes and scrip shall bear
on their fice the words, Weston Water Loan ; shall he
payable at the expiration of periods not exceeding thirty
years from the date of issue ; shall bear interest payable
semi-annually at a rate not exceeding six per cent, per
annum, and shall be signed by the treasurer of the town
and countersigned by the water commissioners hereinafter
provided for. Said town may sell such securities at pub-
lic or private sale, or pledge the same for money borrowed
for the purposes of this act, upon such terms and condi-
tions as it may deem proper. Said town shall provide

162

Acts, 1896. — Chap. 217.

Sinking fund.

May provide for
annual pay-
ments on loan.

Payment of
expenses, etc.

Water com mis-
sioners, elec-
tion, terms, etc.

To be trustees
of sinking fund

Vacancy.

at the time of contracting said loan for the establishment
of a sinking fund, and shall annually contribute to such
fund a sum sufficient with the accumulations thereof to
pay the principal of said loan at maturity. Said sinking
fund shall remain inviolate and pledged to the payment
of said loan and shall be used for no other purpose.

Section 13. Said town instead of estal)lishing a sink-
ing fund may at the time of authorizing said loan provide
for the payment thereof in annual payments of such
amounts as will in the aggregate extinguish the same
within the time prescribed in this act ; and Avhen such
vote has been passed the amount required thereby shall
without further vote be assessed by the assessors of said
town in each year thereafter until the debt incurred l)y
said loan shall be extinguished, in the same manner as
other taxes are assessed under the provisions of section
thirty-four of chapter eleven of the Public Statutes.

Section 14. Said town shall raise annually by taxa-
tion a sum which with the income derived from the water
rates will be sufficient to pay the current annual expenses
of operating its water works and the interest as it accrues
on the bonds, notes and scrip issued as aforesaid by said
town, and to make such contributions to the sinking fund
and i)aymcnts on the principal as may be required under
the })rovisions of this act.

Section 15. Said town shall, after its purchase of
said corporate property as provided in this act, at a legal
meeting called for the purpose elect by liallot three per-
sons to hold office, one until the expiration of three
years, one until the expiration of two years and one until
the expiration of one year from the next succeeding an-
nual town meeting, to constitute a board of water com-
missioners ; and at each annual town meeting thereafter
one such commissioner shall l)e elected by ballot for the
term of three years. All the authority granted to said
town by this act and not otherwise specially provided for
shall be vested in said board of water commissioners, who
shall be subject however to such instructions, rules and
regulations as said town may impose by its vote. Said
commissioners shall be trustees of the sinking fund herein
provided for and a majority of the commissioners shall
constitute a quorum for the transaction of business rela-
tive both to the water works and the sinking fund. Any
vacancy occurring in said board from any cause may be

Acts, 1896. — Chaps. 218, 219. 163

filled for the remainder of the unexpired term by said
town at any legal town meeting called for the purpose.

Section 16. Upon application of the owner of any security for
land, water or water rights taken under this act the damageB, etc.,
county commissioners for the county in which such land, ceua7n caTes.
water or water rights are situated shall require said cor-
}>() ration to give satisfactory security for the payment of
all damages and costs which may be awarded such owner
for the land or other property so taken ; but previous to
requiring such security said county commissioners shall,
if application therefor is made by either party, make an
estimate of the damages which may result from such tak-
ing ; and said county commissioners shall in like manner
require further security if at any time the security before
required appears to them to have become insufficient ; and
all the right or authority of said corporation to enter upon
or use such land or other property, except for the pur-
pose of making surveys, shall be suspended until it gives
the security required.

Section 17. This act shall take eftect upon its passage, when to take
but shall ])ecome void unless work under this act is com- ^
menced within three years from the date of its passage.

Approved March 28, 1896.

Chap.218

An Act to authorize the appointment of an additional
assistant clerk of courts for the county of middlesex.

Be it enacted, etc. , as folloivs :

Section 1. The justices of the supreme judicial court, May appoint
or a majority of them, may appoint a third assistant clerk cierk.
of courts for the county of Middlesex, who shall be subject
to the provisions of law applicable to assistant clerks of
courts and who shall receive an annual salary of two
thousand dollars, to be paid by said county.

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

Approved March 28, 1896.

An Act relating to clerical assistance in the office of the nj^f.^ oiQ

REGISTER OF PROBATE AND INSOLVENCY FOR THE COUNTY OF "^ *

HAMPDEN.

Be it enacted, etc, , as follows :

Section 1. The register of probate and insolvency ciencai assist-
for the county of Hampden shall ])e allowed, in addition '""'®'
to the amount now allowed by law, a sum not exceeding

164: Acts, 1896. — Chaps. 220, 221, 222.

six hundred dollars a year, from and after the first day of
February in the year eighteen hundred and ninety-six,
for clerical assistance actually performed, to be paid from
the treasury of the Commonwealth upon the official cer-
tificate of said register, countersigned by the judge of
probate and insolvency for said county.

Section 2. This act shall take eflectupon its passage.

Approved March 28^ 1896.

(JllCip.'2i1() ^^ Act relating to trials in inferior courts.

Be it enacted^ etc. , as follows :

amendld^^' SECTION 1. Scctiou oiic of cliaptcr ouc liimdrcd and

seventy-three of the acts of the year eighteen hundred
and ninety-four is hereby amended by striking out in the
third and fourth lines, the words "an agreed statement
of all facts and", so that said section as amended shall

Trial before ^end as follows I — Secttou 1 . The parties to a civil

justices and , ^ ^ , ,1 _

special juBticea actioii ])efore a district, police or municipal court, except
* the municipal court of the city of Boston, may, upon filing
a written waiver of all parties to all right of appeal, de-
mand a trial before the justice and special justices sitting
together, which shall be granted ; and there shall be no
right of appeal from the judgment of the majority of the
three justices so sitting together.

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

Approved March 28, 1896.

GhdV.^^"^ -^^ ^^'^ ^^ PROVIDE FOR ADDITIONAL COPIES OF THE REPORT OF
THE HARBOR AND LAND COMMISSIONERS.

Be it enacted, etc. , as folloios :

boflndLuT Section 1. There shall be printed for the use of the
commissionerB. harbor and land commissioners five hundred copies of
their report, in addition to the number now authorized
by law.

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

Approved March 28, 1896.

ChaV''^'2i2l ^ ^^^ '^^ AUTHORIZE THE ERECTION OF A PUBLIC LIBRARY
BUILDING ON COMMON LAND IN THE TOWN OF STURBRIDGE.

Be it enacted, etc. , as follows :

mfrarTbuiiding Section 1. The towu of Sturliridge may, by vote of a
on common majority of the voters thereof present and voting thereon

Acts, 1896.— Chaps. 223, 224. 165

in a town meeting called for the purpose, authorize the
trustees of the Joshua Hyde Public Library to erect a
library building on common land in said town ; and the
provisions of section sixteen of chapter fiftj^-four of the
Public Statutes shall not apply to such building as may
be erected pursuant to such vote.

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

Approved March 28, 1896.

Chap.22^

An Act to provide for printing the annual report of the
metropolitan sewerage commissioners.

Be it enacted, etc. , as follows :

Section 1. There shall be printed annually three Report of
thousand copies of the report of the board of metropolitan ^we?age'com-
sewerage commissioners, one half of which shall be bound missioners.
in cloth, and fifteen hundred copies shall be for the use
of said commissioners.

Section 2. So much of chapter three hundred and Rep«ai.
ninety-three of the acts of the year eighteen hundred and
ninety-four as is inconsistent with this act is hereby
repealed.

Section 3. This act shall take effect upon its passage.

Approved March 28, 1896.

An Act to authorize the fall river and providence steam- f^j^fj^ 004.

BOAT company TO DISPOSE OF ITS PROPERTY AND EFFECTS. -^'

Be it enacted, etc., as folloivs :

Section 1. The Fall Eiver and Providence Steamboat May transfer
Company, a corporation organized and existing under the Provfdience.Faii
laws of this Commonwealth, is hereby authorized and ponstTamb'o^irt'
empowered, by the vote of a majority in interest of its c°™P'»°y' «^'=-
stockholders, to sell, transfer and convey all its property
and effects to the Providence, Fall River and Newport
Steamboat Company, for not less than one hundred and
twenty thousand dollars in cash and a further sum equal
to the total outstanding del)ts and liabilities of said first
named corporation existing at the time of such sale,
transfer and conveyance.

Section 2. Said Fall River and Providence Steam- To be uabie for
boat Company and all its said property and effects shall ''®'''^' ®'*'-
remain liable for all the debts and liabilities of said com-
pany heretofore or hereafter contracted, notwithstanding

166 Acts, 1896. — Chaps. 225, 226, 227.

the sale, transfer and conveyance of its property and
effects as aforesaid.

Section 3. This act shall take effect upon its passage.

Aj^j^o-oved March 28, 1896.

C%ft79.225 ^^ ^^'^ RELATIVE TO THE EVIDENCE OF REGULARITY OF THE AP-
POINTMENT OF RAILROAD AND STEAMBOAT POLICE.

Be it enacted, etc., as follows :

pol^tmlltii^^' Section 1. A duly attested copy of the record of the

railroader appoiiituient of a railroad or steamboat police officer-
steamboat i-ii 1 /^ii'ii 11 /• •
police. whicli has been nled with the clerk oi a city or town or

board of police commissioners in accordance with the pro-
visions of section fourteen of chapter one hundred and
three of the Pul)lic Statutes, shall be conclusive of the
reiiularity of such officer's appointment.
Evidence of Section 2. Tlic iirescncc of any such officer on the

being lawfully . ^ ,

on duty. cars, steamboats or premises oi the corporation upon

whose petition he was appointed, wearing a badge in ac-
cordance with section sixteen of chapter one hundred and
three of the Pul)lic Statutes, shall be prima facie evidence
that he is lawfully on duty.

Section 3. This act shall take effect upon its passage.

Ajjproved March 28, 1896.

Gh(tp.'2i^Q ^ ^CT "^^ GRANT ADDITIONAL POWERS TO THE GURNET HEATER

MANUFACTURING COMPANY.

Be it enacted, etc. , as follows :
Additional Section 1. The Gurney Heater Manufacturing Coni-

powerB, etc., ... . . '-^

granted. P'^mv, in addition to the powers and privileges granted

by its charter, is hereby authorized to manufacture and
deal in furnaces, both hot air and combination, steam
boilers, radiators and piping ; with all the powers and
privileges and subject to all the duties, liabilities and
restrictions which now are or hereafter may be in force
relating to such corporations.

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

Approved March 28, 1896.

C/Jian.'2i'2il ^^ ^^"^ ^^ AUTHORIZE THE CITY OF NEWBURYPORT TO INCUR AD-
DITIONAL INDEBTEDNESS FOR SEWERAGE PURPOSES.

Be it enacted, etc. , as follows :

amend^' ^ ^' Scction uiuc of chapter two hundred and thirty-three

of the acts of the year eighteen hundred and eighty-nine

Acts, 1896. — Chaps. 228, 229. 167

is hereby amended by inserting in the fifth line, after the
word " hundred", the words : — and ten, — so that said
section as amended will read as follows : — Section 9. Newburypon

mi • 1 • /• 1 • • 1 Sewer Loan,

ihe said city may, tor the purposes or paying the neces- Actof i889.
sary expenses and liabilities incurred under the provi-
sions of this act, issue from time to time bonds, notes or
scrip to an amount not exceeding in the aggregate one
hundred and ten thousand dollars beyond the limit of
indebtedness fixed by law for said c\tj. Such bonds,
notes or scrip shall bear on the face thereof the words,
Newburyport Sewer Loan, Act of 1889, shall be payable
at the expiration of periods not exceeding thirty years
from the date of issue and shall bear interest payable
semi-annually at a rate not exceeding six per cent, per
annum ; but the provisions of chapter twenty-nine of the
Pul)lic Statutes and of chapter one hundred and twenty-
nine of the acts of the year eighteen hundred and eighty-
four shall otherwise apply to the issue of such bonds,
notes or scrip and to the establishment of a sinking fund
for the payment thereof at maturity.

Approved March 28, 1896.

Ckap.22S

An Act to abolish days of grace on commercial paper, ex-
cept SIGHT DRAFTS.

Be it enacted^ etc., as folloivs :

Section 1. On all notes, drafts, except sight drafts. Days of grace
checks, acceptances, bills of exchange; bonds or other ^ °'* ** •
evidences of indebtedness made, drawn or accepted by
any person or corporation after this act shall take efi'ect,
and in which there is no expressed stipulation to the con-
trary, no grace, according to the custom of merchants,
shall be allowed, but the same shall be due and payable
as therein expressed, without grace.

Section 2. All acts and parts of acts inconsistent Repeal.
with this act are hereby repealed.

Section 3. This act shall take efi'ect on the first day To take effect
of January in the year eighteen hundred and ninety-seven. *' '

AjJj^roved March 28, 1896.

An Act relative to black bass fishing. Ohnn 22Q

Be it enactedy etc., as folloivs:

Whoever takes from the waters of this Commonwealth biacif bass"'' "*
a black bass less than eight inches in length, or sells or restricted.

168

Acts, 1896. — Chap. 230.

offers to sell or has in his possession with intent to sell
any such black bass, shall forfeit ten dollars for each fish
. so sold or offered or exposed for sale. In any prosecu-
tion under this act the possession of any black bass less
than eight inches in length shall be prima facie evidence
of a violation thereof. Approved March 28, 1896.

Cha7).2S0 -^^ ^^^ RELATIVE TO THE REGISTRATION OF PHYSICIANS AND

SURGEONS.

Applications for
rea;iHt ration as
physiciuns or
Burgeons.

Certificatea of
registration to
be issued to cer-
tain applicants.

Proviso.

Certain certifi-
cates may be
revolied.

Penalty.

Be it enacted, etc., as folloivs :

Section 1. All applications for registration as physi-
cians or surgeons under the provisions of chapter four
hundred and fifty-eight of the acts of the year eighteen
hundred and ninety-four shall be made upon blanks to
be furnished by the board of registration in medicine and
shall be signed and sworn to by the applicants.

Section 2. Said board shall examine all applicants,
and only such as are found qualified and shall give satis-
factory proof of being twenty-one years of age and of
good moral character shall receive certificates of registra-
tion as pro\dded in said act : provided, however, that said
board shall register without examination any applicant
whom it may find to be of good moral character, of more
than sixty years of age, and a graduate of a legally char-
tered medical college having power to confer degrees in
medicine, and who has l)een a practitioner of medicine
in this Commonwealth for a period of ten years next
prior to the passage of this act, and who otherwise com-
plies with the provisions of this act.

Section 3. Said board may by a unanimous vote,
after a hearing, revoke any certificate issued by it to,
and cancel the registration of, any person convicted of
any crime in the practice of his professional business or
convicted of a felony.

Section 4. Any person who shall practice medicine
or surgery under a false or assumed name, or under a
name other than that under which he is registered, or
w^ho shall personate another practitioner of a like or
different name, shall be punished by a fine of not less
than one hundred dollars nor more than five hundred
dollars for each offence, or by imprisonment in jail three
months, or by both. A2)proved April 1, 1896.

Acts, 1896. — Chaps. 231, 232. 169

An Act to bequire SAvmos banks and institutions for sav- QJku) 231

INGS TO MAKE EXTRA DIVIDENDS IN CERTAIN CASES.

Be it enacted, etc., as follows:

Chapter three hundred and seventeen of the acts of i^^*- ^i^. § 28,

'■ . amended.

the year eighteen hundred and ninety-four is hereby
amended by striking out the whole of section twenty-
eight, and inserting in place thereof the following : —
Section 28. Once in every term of three years, at the Extra dividends
time provided by the by-laws for making ordinary divi- cenain^cases.
dends, if, after such ordinary dividend is made, the net
profits accumulated, including the amount of the guaranty
fund, amount to eleven per cent, of the deposits which
have remained in such corporation for one year then next
preceding, such net profits in excess of ten per cent, shall
be divided among the depositors whose deposits have re-
mained therein for one year at least then next preceding,
in proportion to the amount of dividends which have been
declared on their deposits during the three years next pre-
ceding. Ax>proved April I, 1896.

An Act to unite the city of springfield and the town of nj^riq^ 2S2

WEST SPRINGFIELD. "'

Be it enacted, etc., as folloivs:

Section 1. All the territory now comprised within Town of west
the limits of the town of West Springfield in the county a^nexed^o
of Hampden, with the inhabitants and estates therein, is spnngfieid.
hereby annexed to and made a part of the city of Spring-
field in said county : provided, hoivever, that until consti- Proviso.
tutionally and legally changed said territory, for the pur-
pose of electino- members of conoress, state senators and Election of

.0 ^ 11 1 . members of

representatives, shall continue to belong to the respective congresB, state
districts of which it may be legally a part when this act representatives.
takes full efiect. All the duties now required by law to Duties of om-
be performed by the selectmen and town clerk of the to'eimions."'^
town of West Springfield, or either of them, pertaining
to the election of members of congress, state senators
and representatives, shall in like manner devolve upon
and be performed by the mayor and board of aldermen and
city clerk of the city of Springfield, respectively, as pro-
vided by law for such elections in said city. Ward and ,
precinct officers of the ward created out of said territory,
as hereinafter provided, shall be appointed, have like

170

Acts, 1896. — Chap, 232.

Public property
of West Sprin;;-
field to be vested
iD Springfield,
etc.

Treasurer of
West Spring-
field to deliver
books, etc.,
to treasurer of
Springfield.

Springfield
liable for debts,
etc., of West
Springfield.

Proviso.

Territory to
constitute ward
nine.

duties and perform them in like manner as similar officers
of other wards and precincts in said city. The precincts
now established in said town shall remain the same until
duly changed by provisions of law.

Section 2. All the public property of the said town
of West Springfield shall be vested in and is hereby de-
clared to be the property of the city of Springfield ; and
said city of Springfield shall succeed to all the rights,
claims, causes of action, rights to uncollected taxes, liens,
uses, trusts, duties, privileges and immunities of said
town of West Springfield. All power conferred upon
the selectmen by the provisions of section three of chapter
forty-four of the acts of the year eighteen hundred and
seventy-eight shall be exercised by the board of mayor
and aldermen of the city of Springfield, and the provi-
sions of said act shall continue in force. The passage
of this act shall not be construed to change the liability
of said county in regard to the care and maintenance of
the Connecticut river bridges connecting said town and
said city, as now fixed by law. The town treasurer of
the town of West Springfield shall, on or before the
second Monday of January in the year eighteen hundred
and ninety-seven, under the direction of the selectmen
of said town of West Springfield (who shall, for this
purpose and for all other purposes necessary to carry
into full eflect the provisions of this act, continue to hold
their offices), transfer, deliver, pay over and account for
to the city treasurer of the city of Springfield, all books,
moneys and other property in his possession as town
treasurer of said town of West Springfield when this act
shall take efiect ; and the city of Springfield shall become
liable for and subject to all the debts, obligations, duties,
responsibilities and liabilities of said town of West Spring-
field : j)^'ovided, that if this act is accepted no debt shall
be contracted nor expenses made except for the ordinary
and usual expenditures in keeping with its growth until
this act takes full effect. All actions and causes of action
which may be pending or which may have accrued at the
time this act shall take effect, in behalf of or against the
town of West Springfield, shall survive and may be prose-
cuted to final judgment and execution in behalf of or against
the city of Springfield.

Section 3. Said territory shall constitute a ward of
the city of Springfield, to be called ward nine, and shall

Acts, 1896. — Chap. 232. 171

so remain until the alteration of the ward limits of said
city provided hy law ; and the ward so established shall
be entitled to such municipal, ward and precinct officers
as are provided for other wards and precincts of said
city.

Section 4. Trustees shall continue to manao;e all fchooi and poor
school and poor funds of said town and shall disburse
the income thereof for the l)enelit of the territory em-
braced within its limits, according to the terms of their
respective trusts. The town li])rary shall remain in said Town library,
territory and may be made a branch of the city library.

Section 5. The territory so transferred and the in- Liability for
habitants thereof and their estates shall be liable for all '*''''^'®""
taxes already assessed and not paid, and also all town,
county and state taxes that may be hereafter assessed on
them l)y said town of West Springfield and before this act
shall take effect, in the same manner as they would have
been liable if this act had not been passed ; and the town
treasurer and collector of said town of West Springfield
are hereby authorized to collect the same in the manner
provided by law, after this act shall take effect.

Section 6. If this act shall be accepted as hereinafter To take pan in
provided said territory shall, after the fifth day of Novem- tTo"n fonowing""
ber in the year eighteen hundred and ninety-six, consti- "'^^^p'*^*^®-
tute a ward of the city of Springfield, to l)e called ward
nine, for all the purposes mentioned in this section and
the following section of this act. The legal voters of said
ward nine shall meet in their several voting precincts on
the same day in said year and in the same manner as
N'oters of other wards of said city of Springfield who meet
for a like purpose, and bring in their ballots for the
several municipal officers for the ensuing 3'^ear for whom
they are entitled to vote ])y virtue of the provisions of
this act. Seven days at least before said election, all
laws to the contrary notwithstanding, lists of voters shall
l)e made and posted, and the meetings shall be called,
notified, advertised and all other things as far as may be
shall l)e done as provided by law for other wards of said
city in municipal elections. The legal voters of said town
shall have the same right to vote in said election as if
said territory had been a part of said city for more than
six months preceding said election. For said purposes
the precinct and other officers of said town shall continue
to act until others are appointed.

172

Acts, 1896. — Chap. 232.

Board of alder-
men, common
council, etc.

Obligation of
contracts, etc.
not impaired.

Police officers,
firemen, etc.

Not to take full
effect until
accepted by
voters of
Springfield and
West Spring-
field.

Ballot to be
taken at annual
state election,
1896.

Form of ballot.

Result of
balloting to be
recorded and
returned.

Section 7. After the present municipal year the
board of aldermen of said city shall consist of nine mem-
bers. The common council of said city shall consist of
twenty members. The number of the school committee
shall be increased l)y one member. All said additional
members are to be elected from said ward nine.

Section 8. Nothing contained in this act shall impair
tlie obligation of contracts. All franchises and vested
rights granted by the town of West Springlield shall
remain in full force and operative as though granted by
and for the city of Springfield.

Section 9. The several police oflScers, fire engineers
and firemen who shall be serving the said town when this
act shall take eftect sliall thereafter continue in the dis-
charge of their respective duties as oflicers and serve said
city until others are appointed in their places.

Section 10. This act shall not take fiill efiect until it
has been accepted by a majority of the legal voters of said
city of Springfield present and voting by ballot at meet-
ings which shall be held in the several precincts of said
city, and has also been accepted by a majority of the legal
voters of the town of West Springfield present and voting
thereon at meetings which shall be held in the several
precincts of said town. Said ballot shall be taken and
the polls shall be open for said voting during the same
time and at the same places and in connection with the
l)alloting for state ofiicers at the annual election on the
first Tuesday of November in the year eighteen hundred
and ninety-six. Said ballot shall be "Yes", or "No",
in answer to the question, " Shall an act passed by the
legislature of the Commonwealth of Massachusetts in the
year eighteen hundred and ninety-six, entitled ' An Act
to unite the city of Springfield and the town of West
Springfield ', be accepted ? " Said question shall be placed
on the ballots furnished by the state, and in voting a cross
shall be put opposite the word "Yes ", or " No ", in like
manner as in voting for state ofiicers. The ballots given
in shall be assorted, counted and declared in the several
precinct meetings of said city and said town in open
meeting, and records made thereof. The clerk of each
precinct in the city of Springfield shall make return of
all ballots given in his precinct, and the number of ballots
in favor of the acceptance of this act and the number of
ballots against said acceptance, to the board of aldermen

Acts, 1896. — Chap. 232. 173

of said city. Said returns shall be made within forty-
eight hours of the close of the polls. It shall l)c the duty Returns to be
of the city clerk of said city to certify as soon as may l)e ^crltii?y of the
the ballot cast in said city, and the number of ballots cast commonwealth.
in favor of the acceptance of this act and the number of
ballots cast against said acce[)tance in said city, to the
secretary of the Commonwealth. The clerk in each pre-
cinct in the town of West Springfield shall make return
of all ballots given in his precinct, and the number of
ballots in favor of the acceptance of this act and the num-
ber of ballots against said acceptance, to the selectmen
of said town. Said returns shall be made within forty-
eight hours of the close of the polls. The selectmen and
town clerk of said town shall, as soon as may be, make a
like return of the ballots cast in said town, and the num-
ber of l)allots cast in favor of aece})tance of this act and
the number of ballots cast against said acceptance in said
town, to the secretary of the Commonwealth. The secre- secretary to
tary of the Commonwealth shall keep a record of the LTacceptance!^
returns, and if it shall appear that a majority of the votes
cast in the city of Springfield and a majority of the votes
cast in said town, respectively, are in favor of the accept-
ance of this act, the said secretary shall immediately
issue his certificate declaring this act to have been duly
accepted.

Section 11. So much of this act as authorizes and Portion of act
directs the submission of the question of acceptance of upon its pas-
this act to the legal voters of said city and said town, ^"^^'
respectively, provided for in the tenth section of this act,
shall take eflect upon its passage.

Section" 12. The present special county commissioner special county
for the county of Hampden, residing in said West Spring- *'°'^™^^*'°°®'"-
field, shall continue to exercise the duties of his ofiice
until the expiration of the term of office to which he is
elected, the same as if this act had not been passed.

Section 13. If this act shall be accepted as herein when to take
provided it shall take effect on the fifth day of November ^^'"''*
in the year eighteen hundred and ninety-six, so far as to
authorize, legalize and carry into effect the act and pro-
visions of the sixth and seventh sections of this act ; but
for all other purposes; except as mentioned in section
eleven of this act, it shall take efiect on the first Monday
of January in the year eighteen hundred and ninety-
seven.

174 Acts, 1896. — Chaps. 233, 234.

Md voUng°"i8tB, Section 14. The board of registration of said city
etc. ' shall make use of the registration and voting lists of said

town used in voting on the acceptance of this act ; and
said registration and voting lists, with such additions of
qualified voters as may be made, shall be the registration
and voting lists of said Avard nine under sections six and
seven. All persons and ofiicers of said town having the
custody of books, papers, records, registration and voting
lists, or other things necessary to carry out the aforesaid
provisions and not hereinbefore provided for, shall deliver
the same to ofiicers of said city having like duties Avhen-
ever the same shall be needful to carry out the purposes
of this act. Approved April i, 1896.

njiaj).2S3 ^^ ^^"^ '^^ EXEMPT THE CITY OF EVERETT FROM THE PROVISIONS
OF AN ACT RELATIVE TO THE RATE OF TAXATION IN CITIES.

Be it enacted, etc. , as follows :

op^erTtion'^of'*"" Section 1. The city of Everett is hereby exempted
1885, 312, § 1. from the operation of section one of clia})ter three hun-
dred and twelve of the acts of the year eighteen hundred
and eighty-five until the first day of January in the year
nineteen hundred and two.

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

Approved April 1, 1896.

Cha7).2S4: ^^ ^^'^ "^^ PROVIDE FOR AN ADDITIONAL SPECIAL JUSTICE OF THE
MUNICIPAL COURT OF THE CITY OF BOSTON.

Be it enacted, etc., as follows:
Additional Section 1. There shall be appointed in the manner

special justice. .iii i • • itj- i •!•

l^rovided by the constitution one additional special justice
of the municipal court of the city of Boston, who shall
have the powers and duties and shall be paid the com-
pensation prescribed for a special justice of said court
by section fifty-seven of chapter one hundred and fifty-
four of the Public Statutes ; so that said court shall be
composed of one chief justice, five associate justices and
two special justices.

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

Approved April 1, 1896.

Acts, 1896. — Chap. 235. 175

An Act making appropriations for the soldiers' home in (Jjiaj).^^

MASSACHUSETTS, FOR THE NEW STATE NORMAL SCHOOL AT
SALEM, AND CERTAIN OTHER EXPENSES AUTHORIZED BY LAW.

Be it enacted^ etc. , as follows :

Section 1. The sums hereinafter mentioned are aj)- Appropriations.
propriated, to be paid out of the treasury of the Com-
monwealth from the ordinary revenue, for the purposes
specified in certain acts and resolves of the present year,
to wit : —

For Nellie R. Stevens, widow of Everett A. Stevens, widow of
as authorized by chapter four of the resolves of the pres- steven". '
ent year, the sum of sixteen hundred twenty-seven dol-
lars and sixty-nine cents.

For printing extra copies of the report of the metro- Report of

1 . , • • jj\ ' ^ ^ ^ J. metropolitan

politan sewerage commLssioners, as authorized by chapter sewerage
five of the resolves of the present year, a sum not exceed- '^o^^'nisBionerB.
ino- two hundred and fifty dollars.

For the widow of William S. Shurtlefi", as authorized S!;^?"'o|

' William S.

by chapter seven oi the resolves oi the present year, the shurtieff.
sum of twenty-eight hundred eighty-three dollars and
thirty-eight cents.

For Patrick Buckley, as authorized by chapter eight Patrick Buck,
of the resolves of the present year, the sum of two hun-
dred dollars.

For James A. Grant, as authorized by chapter thirteen jameaA.
of the resolves of the present year, the sum of three hun- ^'■"°'-
dred and sixty dollars.

To provide for the acquisition of land and the erection Erection of
of tablets or monuments on the battlefield of Antietam, bk'ttiefield'of""
as authorized by chapter sixteen of the resolves of the -^^^letam.
present year, a sum not exceeding eight thousand dol-
lars.

For the trustees of the Soldiers' Home in Massachu- Boidiers' Home.
setts, as authorized by chapter eighteen of the resolves
of the present year, the sum of thirty thousand dol-
lars.

For the new state normal school at Salem, as author- Normal school
ized by chapter nineteen of the resolves of the present * *^"*
year, a sum not exceeding twenty-five thousand dollars.

For the care and furnishing of the armory of the Mas- Armory at Fail
sachusetts volunteer militia in the city of Fall Kiver, as
authorized by chapter twenty of the resolves of the pi'es-

176

Acts, 1896. — Chaps. 236, 237.

Sewer assess-
mentB and
charges to con-
stitute a lien
upon estates,
etc.

ent year, a sum not exceeding twenty-two hundred dol-
lars.

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

Approved April i, 1896.

ChCtP.2SQ -^^ -^^"^ RELATIVE TO THE COLLECTION OF SEWER ASSESSMENTS

AND CHARGES.

Be it enacted, etc., as follows :

Section 1. All assessments and charges for main
drains and common sewers, whether in the nature of
assessments or charges for the use of such sewers or
annual charges or rentals or otherwise upon any estate,
whether the same abuts upon a street where such sewer
is laid or otherwise, shall constitute a lien upon said
estates and may be collected in the same manner as taxes
upon real estate, or by an action of contract in the name
of the city. Said lien shall continue for two years after
said assessments or charges have been committed to the
collector for collection, and when sums are to be paid in
instalments such lien shall continue for two years after
the last instalment has been committed to the collector
for collection.

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

Approved April 1, 1896.

ChCip.2S7 ^^ -^CT RELATIVE TO THE LOCATION, LAYING OUT AND CONSTRUC-
TION OF HIGHWAYS IN THE CITY OF BOSTON

1891, 323, § 11,
etc., amended.

Method of
determining a
parcel of land.

1891, 323, § 14,
etc., amended.

Be it enacted, etc., as follows:

Section 1. Section eleven of chapter three hundred
and twenty-three of the acts of the year eighteen hundred
and ninety-one, as amended by section six of chapter four
hundred and eighteen of the acts of the year eighteen hun-
dred and ninety- two, is hereby amended by striking out
the whole of said section and inserting in place thereof
the following : — Section 11. Any estate of which any
part lies within one hundred and twenty-five feet of the
highway described in the aforesaid order of said street
commissioners shall, for the purposes of this act, be
deemed a parcel of land.

Section 2. Section fourteen of chapter three hundred
and twenty-three of the acts of the year eighteen hundred
and ninety-one, as amended by section seven of chapter
four hundred and eighteen of the acts of the year eight-

Acts, 1896. — Chap. 237. 177

een hundred and ninety-two, is hereby amended by strik-
ing out all of said section and inserting in j)lace thereof
the following: — Section 14. Said board of street com- Board ot street
missioners shall, after the carrying out of their order, todeterm°nr'*
determine the cost incurred thereby, including the ex- ''««''««='"e cost.
penses of taking land and of all other doings in laying
out, locating anew, altering or widening or constructing
the highway, the expenses of the sewers and the laying
thereof, to the amount of four dollars for each lineal foot
of sewer, the expenses for catch basins and other sewer
appurtenances and all sewer connections and the laying
thereof, and the expenses of all other work and materials
furnished by or for the city in carrying out said order,
shall deduct from said cost the expenses of the city for
water pipes, gas pipes and connections and the laying
thereof, and when the highway is more than fifty feet in
width shall also deduct so much of the expenses of laying
out, locating anew, altering or widening or constructing
the highway as said l)oard, with the approval of the mayor
of said city, shall determine that the public should assume
and pay, and the remainder of said cost shall be the as-
sessable cost of the work done under said order.

Section 3. Section seventeen of said chapter three i89i, 323. § n.
hundred and twenty-three of the acts of the year eighteen ^*'^ ' *'"''"'^'''^-
hundred and ninety-one, as amended by section ten of
chapter four hundred and eighteen of the acts of the year
eighteen hundred and ninety-two, is herel)y amended by
striking out all of said section and inserting in place
thereof the following : — Section 17. Any parcel of land Payment of

n •!! /»i'iiiii •\ • balance or

aforesaid the owner of which shall have paid to said city as«»^88abie cost.

«/ etc.

the l)alance of the amount of the said assessable cost for
which his parcel is liable, remaining after deducting there-
from any premiums paid by him, provided that the inter-
est at the rate of four and one half per cent, per annum
on the whole amount assessed on said parcel from the
date of the order for laying out and constructing the high-
w^ay to the date of the payment has also been paid, shall
be relieved from further lien or liability for said cost, or
the owner thereof may at any time pay a part of said
balance, provided the interest has been paid as aforesaid ;
and the board of street commissioners may then at their
discretion, with the approval of the mayor, relieve a pro-
portional part of said parcel from further liability and
lien for said cost, and the remainder of said balance shall

178

Acts, 1896. — Chap. 238.

be a lien upon the remaining land and shall be appor-
tioned and paid as hereinbefore provided for the whole
of said parcel.

Section 4. This act shall take effect upon its passage.

Approved April 5, 1896.

Ch(iP.23S ^^ ^^^ RELATIVE TO THE BUILDING OF SEWERS IN CAMBRIDGE
BY THE CITIES OF CAMBRIDGE AND SOMERVILLE.

Draining, etc.,
of certain terri-
tory in cities of
Somervllle and
Cambridge.

Be it enacted, etc., as follows :

Section 1. For the purpose of draining and provid-
ing sewerage for the territory situated in Somerville and
in Cambridge and descriljed in section one of chapter
three hundred and twenty of the acts of the year eighteen
hundred and ninety-five, (the description of territory in
said section being hereby adopted as, and made, a part
of this section) and for such enlargement thereof or ad-
ditional territory as may from time to time be agreed upon
by the cities of Camliridge and Somerville, acting by their
respective city councils ; the mayor and aldermen of the
city of Somerville may lay, make and maintain a main
drain or common sewer from Somerville to, and to dis-
charge into, the metropolitan sewer, and lateral main
drains or common sewers from Somerville to, and to dis-
charge into, said main drain or common sewer, or such
parts of said main drains or common sewers or any of
them as they shall from time to time deem expedient,
through that portion of Cambridge which is within the
aforesaid territory, in such part thereof, and through such
land of any persons and corporations in Cam])ridge, as
said cities may agree upon, and may repair the said main
drains or common sewers from time to time whenever
repairs thereof shall be necessary, and such main drains
or common sewers shall l)e the property of the city of
hridg^e! or^dties Somervillc. The city of Cambridge, or the cities of
of Cambridge C^ambridffe and Somerville jointly, acting by their re-

and Somervllle © tit i

jointly, may lay spcctivc boards of mayor and aldermen, may lay, con-
sewer, etc., In struct and maintain within the limits of Cambridge said
ge. iiiain drain or common sewer and said lateral main drains
or common sewers or any, or any part, of the same upon
such terms as to ownership and use thereof, and the ap-
portionment between said cities of the expense thereof,
and otherwise, as shall be agreed upon between said cities
acting by their respective city councils, and for the afore-

Acts, 1896. — Chap. 238. 179

said purposes the city of Cambridge, or the cities of Cam-
brido-e and Somerville jointly, sliall have the same right
to take land in Cambridge and within said territory, as
the city of Cambridge now has to take land for sewers in
Cambridge ; and all the proceedings of such taking shall
be conducted in the same manner as in the case of land
taken for sewers in Cambridge, and all persons or cor-
porations suflering damage in their property by reason
of such taking shall have the same rights and remedies
for ascertaining and recovering the amount of such dam-
ao-e as in the case of land taken for sewers in Cambrido-e.

Section 2. For the purposes named in the preceding cuyofSomer-
section the city of Somerville by its city council shall pHva^^iand in
have the same right to take private land in Caml)ridge ^^■"^"dge, etc.
and within said territory as it now has to take land for
sewers in Somerville, and all the proceedings of such
taking, if made by the city of Somerville, shall bo con-
ducted in the same manner as though such land were in
Somerville, and all persons or corporations suffering
damage in their property by reason of such taking shall
have the same rights and remedies for ascertaining and
recovering the amount of such damage as in the case of
land taken for sewers in Somerville.

Section 3. The city of Somerville, or the city of cuies of somer-
/^ 1 • 1 • /' • 1 1 1 11 1 viiie and Cam-

Cambridge, it either separately shall construct any such bridge, sepa.

!• 'yi •,• I' /^ \ • 1 lately or jointly,

main drain or common sewer, or the cities ot Cambridge may carry
and Somerville, if they shall jointly construct any such under'etleets,
main drain or common sewer, may, for the purposes of bridge.*""™'
this act, carry any such main drain or common sewer
under any street, railroad, highway or other way in the
city of Cambridge, in such manner as not to unnecessarily
obstruct the same, and may enter upon and dig up such
street, railroad, highway or other way for the purpose
of laying, maintaining and repairing said main drain or
common sewer, and may do any other things necessary
or proper in executing the purposes of this act ; but
whenever the city of Somerville enters upon or digs up
for such purposes any such road, street or way in Cam-
bridge, it shall be subject to such reasonable regulations
as may be prescribed by the mayor and aldermen of the
city of Cambridge, and shall restore said road, street or
way to as good order and condition as it was in before
such entering upon and digging up was commenced ; shall
perform the work in such manner and with such care as

180

Acts, 1896. — Chap. 238.

City of Cam.
bridge to be
reimbursed,
etc.

City of Cam-
bridge may use
sewer, etc., for
certain pur-
poaes, etc.

Certain persons
may be assessed
a proportionate
part of charge
of making
sewers, etc.

not to render any road, street or way in which such sewer
is laid unsafe or unnecessarily inconvenient to the public
travel thereon, and shall reimburse to the city of Cam-
bridge all expense which it shall reasonably incur, and
at all times indemnify and save harmless the city of Cam-
bridge against all damages which may be recovered against
it, by reason of any defect or want of repair in such road,
street or way, caused by the construction, maintenance,
repair or replacing of said sewer, or by reason of any
injury to persons or property caused by any defect or
want of repair in such sewer, provided that the city of
Somerville has notice of any claim or suit for such dam-
age or injury, and an opportunity to assume the defence
thereof.

Section 4. For the purpose of conducting away house
drainage (l)ut not storm water or ground water or roof
water) from that portion of its territory which is within
the above-described territory, the city of Cambridge shall
have the right to use the said main drain or conunon
sewer and lateral main drains or common sewers, built
under this act within its own territorial limits, and shall
have the same right of assessing a proportional part of
any expenses paid by it for or on account of the con-
struction of said main drain or common sewer, and lateral
main drains or common sewers, upon any persons receiv-
ing benefit thereby for draining their cellars or lands in
said CamT)ridge or otherwise, as it now has of assessing
on account of the construction of other main drains or
common sewers in such city.

Section 5. The mayor and aldermen of .the city of
Somerville shall have the same right of assessing every
j^erson who enters his particular drain into any main
drain or common sewer within the said territory in the
city of Somerville, or who by more remote means receives
benefit thereby for draining his cellar or land in Somer-
ville, a proportional part of the charge of making and re-
pairing the same, and of the charge, not already assessed,
of making and repairing other main drains and common
sewers through which the same discharges, and of making
and repairing said main drains or common sewers, and
lateral main drains or common sewers, in the city of
Cambridge, as said mayor and aldermen now have of
assessing on account of the construction of other main
drains or common sewers in the city of Somerville, and

Acts, 1896. — Chap. 238. 181

as if said main drains or common sewers in Cambridge certain persons
were situated in Somerville ; and if the city council of a proportionate
the city of Somerville, which it is hereby authorized to Sf making"^^^
do, shall adopt a system of sewerage and assessments sewers, etc.
therefor, in accordance with the provisions of section
seven of chapter fifty of the Public Statutes and acts in
amendment thereof or in addition thereto, for a part or
the whole of said territory which is within the city of
Somerville, such assessments, as provided for in said
section seven and in acts in amendment thereof or in
addition thereto, shall be made upon owners of estates
within said territory by a fixed uniform rate based u})on
the estimated average cost of all the sewers therein ; — and,
whether such assessments are made under a system of
sewerage and assessments therefor, adopted as aforesaid,
or are otherwise made, and whether said main drains or
common sewers and said lateral main drains or common
sewers in Cambridge shall be constructed and owned by
the city of Somerville or by the city of Cambridge, or by
said cities jointly or otherwise, there may be included as
a part of such cost to the city of Somerville the cost or
any portion thereof to the city of Somerville of said sewers
in Cambridge, or any sum which may lie paid by the city
of Somerville to the city of Cambridge for or on account
of the construction or use of said sewers in Cambridge ;
and the city of Somerville shall have the same right to
make assessments within the limits of Somerville for or
on account of said main drains or common sewers and
said lateral main drains and common sewers in Cambridge,
or any of the same, or for or on account of the expense
thereof or of the amounts paid by the city of Somerville
for the use thereof, (which amounts shall be regarded as a
part of the cost, charge or expense to the city of Somer-
ville of such sewers), as if said main drains or common
sewers and said lateral main drains or common sewers in
Cambridge were situated in Somerville.

Section 6. For the purpose of disposing of and con- cuyofsomer.
ductmg away storm water irom any overnow Irom said maintain, etc.,

S • ^ „ i. J.1 i? channel or water

mam drains or common sowers at any part thereot, or course for cer-
storm water or surface drainage from the territory situated Ihrough^ponion
in Somerville and in Cambridge and described in section of^cambridge,
six of said chapter three hundred and twenty, [the de-
scription of territory in said section being hereby adopted
as, and made, a part of this section] , and for such enlarge-

182 Acts, 1896. — Chap. 238.

City of somer- meiit thereof or additional territory as may from time to
mafnuix e^tc.', timo bc agreed upon by the cities of Cambridge and
cou?B°e''for ce^r-*'^ Somervillc, acting by their respective city comicils ; the
through'portion iiii\yor and aldemicn of the city of Somerville may lay,
of Cambridge, make and maintain a drain, channel or water course,

etc. . . . ,

either in whole or in part open or covered, in and from
Somerville to, and to discharge into, Alewife brook, and
lateral drains, channels or water courses from Somerville
to, and to discharge into, said drain, channel or water
course, or such parts of said drains, channels or water
courses, or any of them, as they shall from time to time
deem expedient and in and through that portion of Cam-
bridge, which is within .the above-descril)ed territory, in
such part thereof and through such land of any persons
or corporations in Cambridge, as said cities may agree
upon, and in such part of Somerville and in and through
such lands of any persons or corporations in Somerville,
as to the mayor and aldermen of the city of Somerville
shall seem best, and Avithin the limits of Camliridge shall,
and within the limits of Somerville may, repair the said
drains, channels or water courses from time to time when-
ever repairs thereof shall be necessary, and for the said
purpose of conducting away storm water or surface
drainage from said territory or the storm water from any
overflow from any sewer in said territory, said mayor
and aldermen may use the brook in said territory known
as Tannery l^rook, whether in Cambridge or in Somer-
ville, and may widen, deepen and improve said brook by
walling up or covering the same, or by any other means ;
and may conduct such storm water or surface drainage
into such 1)rook, and the storm water or surface drainage
from said territory in Somerville or any part thereof may
be conducted into and through any main drain or common
sewer in Somerville, and into and through the main
drains or common sewers or any of them referred to in
section one of this act, and may l)y a storm water over-
flow be diverted at any point thereof from said main
drains or common sewers referred to in section one of
this act, or from any main drain or common sewer in
Somerville, into any drain or water course referred to in
this section,
^erti^n lands Section 7. For tlic purposcs uamcd in the last pre-

water courses, ceding scctiou the city of Somerville by its city council
' " may from time to time take by purchase or otherwise

Acts, 1896. — Chap. 238. 183

said brook or any part of the same or the use thereof, or Taking of

n 1 f i^ ^ 11 i certain lands,

oi any part oi the same, and any lands, water courses or watercourses,
easements within said territory, whether in Cambridge ^'°'
or Somerville, (such brook, lands, water courses, or ease-
ments in Cambridge to be taken only by the consent of
the city of Cambridge, acting by its city council), and all
proceedings in regard to such taking by the city of Somer-
ville shall be conducted in the same manner as in the
case of land in Somerville taken for sewers ; and the
drains or common sewers or any of them referred to in
section one of this act may be laid, made and maintained
in any land or any part thereof taken as aforesaid for
drains, channels or water courses, as referred to in this
and the next preceding section of this act, or such drains,
channels or water courses or any part thereof may be laid,
made or maintained in any land or any part thereof taken
for main drains or common sewers as referred to in
sections one and two of this act, or land may be taken
from time to time by one taking, whether by purchase or
otherwise, both for said main drains or common sewers
and for said drains, channels, or water courses ; — and all
persons or corporations suffering damage in their prop-
erty by reason of such taking, or by reason of the pro-
ceedings aforesaid, shall have the same rights and
remedies for ascertaining and recovering the amount of
such damage as in the case of land taken for sewers in
Somerville ; — or the city of Cambridge, or the cities of
Cambridge and Somerville jointly, upon such terms, as
to ownership and use thereof and the apportionment
between said cities of the expense thereof and otherwise,
as shall be agreed upon between said cities acting by
their respective city councils, may, within the limits of
Cambridge, have the same rights and powers as to said
drains, channels and water courses, referred to in this
and the next preceding section of this act, and as to said
brook or the use thereof, and as to taking by purchase or
otherwise lands, water courses or easements Avithin the
limits of Cambridge, as are herein conferred upon the
city of Somerville ; and all the proceedings in regard to
such taking by the city of Cambridge, or by said cities
jointly, shall l)e conducted in the same manner as in the
case of land taken for sewers in Caml)ridge ; and all
persons or corporations suffering damage in their })r()})-
erty by reason of such taking or takings by the city of

184

Acts, 1896. — Chap. 238.

Taking of
certain lands,
■water courses,
etc.

Section 3 to
apply to drains,
etc., constructed
under §§ 6 and 7,
etc-

Use of drains,
etc., by city of
Cambridge.

May connect
main drains or
common sewers,
etc.

Cambridge, or by said cities jointly, or bj^ reason of the
proceedings aforesaid hy said city of Cambridge or by said
cities jointly, shall have the same rights and remedies for
ascertaining and recovering the amount of such damage
as in the case of land taken for sewers in Cambridge.
In estimating the damage in any case in consequence of
proceedings under sections six and seven of this act,
there shall be allowed by way of set-off, the l)enefit, if
any, to the property of the party by reason of such
taking or takings or by reason of the proceedings afore-
said, or of any proceedings for which damage is claimed;
but in no event shall the owner of any such property in
Caml^ridge be obliged to pay any betterments, even in
case said benefit shall exceed the amount of damage.

Section 8. The provisions of section three of this
act in reg^ard to the construction of the main drain or
common sewer therein referred to under any street, rail-
road, highway or other way in the city of Camljridge
shall apply to any drain or water course constructed in
the city of Cambridge under the provisions of the last
two preceding sections of this act. The city of Somer-
ville may, Avithin the limits of Somerville, carry any
main drain or common sewer, drain or water course,
which shall be at any time constructed or taken by it,
within the territory described in section six of this act,
under any street, railroad, highway, or other way in such
city of Somerville, in such manner as not to unneces-
sarily obstruct the same, and may in such manner as not
to unnecessarily obstruct the same enter upon, and dig
up, such street, railroad, highway, or other way for the
purpose of laying, maintaining and repairing such main
drains or common sewers, drains or water courses.

Section 9. The city of Cambridge shall have the
right to use any drains, channels or water courses con-
structed in Cambridge under the provisions of the last
two preceding sections of this act, for the purpose of
disposing of and conducting away storm water or surface
water from the aforesaid territory situated in Cambridge.

Section 10. The cities of Caml)ridge and Somerville
respectively may at any time connect any main drains
or common sewers in their respective cities with, and
discharge the same into, any main drains or common
sewers in the territory of the other, upon such terms
and conditions and for the drainage of such territory as

Acts, 1896. — Chap. 238. 185

may be from time to time agreed upon l^y said cities act-
ing by their respective city councils, and either of said
cities may in the construction of any sewer provide for
receiving sewage from the other.

Section 1 1 . Nothino- herein contained shall be con- certain rights

... ...,./. not impaired.

strued to destroy or impair the prescriptive rights oi
either of said cities as they exist at the date of the
})assage of this act, except as they may be modified or
extinguished by the terms and provisions herein set forth.

Section 12. The word "territory", whenever re- Term defined,
ferred to in this act, shall be construed to mean and
include not only the territory specifically referred to and
described in sections one and six of this act, but any en-
largement thereof or additional territory, as respectively
provided for l)y said sections.

Section 13. The city of Cambridge and the city of ^^l^'g^/n^"'"-
Somerville, actino- by their respective city councils, are somerviiie may

,.?■', p^. . , malie agree-

hereby authorized to make irom time to time such agree- mentB as to

nients between said cities as to thein shall seem advisable sewers, etc.
in regard to the particular location within the limits of
C'aml)ridge of said main drains or common servers or any
of them, and of said drains or water courses within said
limits for storm water or surface water, and of the land
to 1)6 taken therefor, and in regard to the extent of use,
terms and conditions (including the proportionate part
to lie paid by each of said cities of the expenses of con-
structing and maintaining said main drains or common
sewers or said drains or water courses for storm Avater
or surface water, and the expenses of land taken therefor,
and all other expenses appertaining to said drains, sewers
or water courses), for or upon which said cities respec-
tively may use, own or maintain such main drains or
common sewers, drains or water courses, or land taken •

therefor, or any part of the same, and also in regard to
any and all other matters or things contemplated by this
act in reference to the taking and use by the city of Som-
erville of territory, property or rights in Cambridge for
purposes of construction or maintenance of any such
sewers or drains or water courses therein as are herein-
before referred to, and also in reference to any and all
other matters and things contemplated by or referred to
in this act, or which said cities, acting by their respective
city councils, may deem necessary for carrying out the
objects contemplated by this act. Until such agreement

186 Acts, 1896. — Chap. 239.

or agreements shall be severally made between said cities,
as hereinbefore referred to, in reference to the construc-
tion and maintenance of the respective main drains or
common sewers, drains, channels or water courses, the
city of Somerville shall have no right to construct within
the limits of Cambridge any such main drains or common
sewers, drains or water courses, or to take land therefor.

Repeal. Section 14. Chapter three hundred and twenty of

the acts of the year eighteen hundred and ninety-five is
hereby repealed.

When to take Section 15. Tliis act shall be void unless accepted
by the city council of each of said cities within one year
from the date of the passage hereof, and it shall take
efiect, when accepted as aforesaid.

Approved April 4, 1896.

(7Aa».239 ^'^ ^^"^ "^^ incorporate the WORCESTER MASONIC CHARITY AND

EDUCATIONAL ASSOCIATION.

Be it enacted, etc. , as folloivs :

Ma°80Dic Charity Section 1. William A. Lytle, James Draper, Arthur
arii Educational p^ Ruo'iT, Thcodorc C. Batcs, William J. Hoo-o, John N.
incorporated. Akarmau, Hcnry F. Harris, Theodore P. Brown, Wil-
liam H. Sawyer, James Logan, Caleb Colvin, Augustus
B. 11. Sprague, Moses D. Oilman, Henry Brannon, Abram
A. Rheutau, George S. Clough, Charles H. Pinkham, Jesse
Smith, James W. Bigelow, Arthur M. Evans, John W.
Bisco, Eli Collier, Edmund L. Parker, Frederick M.
Clark, Charles S. Chapin, Fred W. Leavitt, John A.
Sears, Granville A. Longiey, Parkman T. Denny, Her-
bert H. Fairlmnks, William H. Coughlin, James H. Fergu-
son, Frederick A. Lapham, their associates and successors,
are hereby made a corporation by the name of the Worces-
ter Masonic Charity and Educational Association, for the
purpose of erecting a building in the city of Worcester
in this Commonwealth and maintaining the same for the
accommodation and purposes of masonic apartments,
lectures, religious exercises, library, systems of educa-
tion for the promotion of the arts and sciences, and gen-
erally for masonic and charitable purposes ; with all the
rights and privileges and subject to the restrictions, duties
and lial)ilities set forth in all general laws which now are
or hereafter may l)e in force, so far as applicable to such
corporations.

Acts, 1896. — Chap. 239. 187

Section 2. The above-named persons shall continue Membership,
members of the corporation during the term of three
years from and after the passage of thi-s act, and until
their successors shall be chosen as follows : At the third
annual meeting after the passage of this act, held l)y each
masonic org-anization in Worcester recognized by the
Grand Lodge of Masons in Massachusetts, each organiza-
tion may elect three members of the corporation, one for
one year, one for two years and one for three years, and
such organization may at each annual meeting thereafter
elect one member for the term of three years ; any other
masonic organization in Worcester hereafter organized
and recognized by the Grand Lodge of Masons of Massa-
chusetts shall be likewise entitled to elect members of the
cor})oration in the manner above-descril)ed.

Section o. Said corijoration shall have authoritv to Trustees, dis-

1./. .. 1 1 ir»j J I' • , ^ bureement of

elect irom its members a board or trustees tor its govern- funds, etc.
ment and management, and may determine liy its by-laws
the tenure of office of its trustees, and make rules and
regulations governing the same. Said board shall also
have power to invest, re-invest and manage all gifts, de-
vises and bequests and all other funds of the corporation,
and employ and disl^urse the same for the relief of dis-
tressed freemasons, their widows or orphans, and for the
relief of an}^ other needy or destitute persons, and also
for educational and charitaljle purjjoses, and for the pro-
motion of its lil)rary and collections relating to art, archi-
tecture and antiquities, and generally otherwise for the
pur})oses of this act.

Section 4. Said corporation may take by purchase. May hoid real
gift, grant or otherwise and hold real and personal estate estate!"""'^
not exceeding the value of two hundred and fifty thousand
dollars : iwovided, however^ that no shares of stock shall Proviso,
be issued and no dividends declared to members of the
corporation.

Section 5. William A. Lytle and Arthur P. Rugg, First meeting.
or either of them, are authorized to call the first meeting
of the corporation by notice sent by mail prepaid to each
of their associates, appointing the time and place thereof,
seven days at least before the meeting, at which meeting
the mode of calling future meetings shall be regulated.

Section 6. This act shall take effect upon its passage.

Ap'proved April 4, 1896.

188 Acts, 1896. — Chaps. 240, 241, 242.

Chap.24:0 An Act to include the town of boylston within the judi-
cial DISTRICT OF the SECOND DISTRICT COURT OF EASTERN
WORCESTER.

Be it enacted, etc., as foUoivs :
Annexed to SECTION 1. TliG towii of Bovlston is hereby annexed

judicial district /» i • t • i t • /• ji o i

of Second Dis- to and made a part oi the judicial district or tlie becond
Eastern District Court of Eastcm Worcester : provided, however,

that nothing in this act shall affect any suit or other pro-
ceedings begun and pending at the time of its taking
effect.

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

Approved April 4, 1896.

Worcester.

Chap.24.1

An Act relative to the weekly payment of wages.

Be it enacted, etc., as follows:
Not to be ex- Section 1. No pcrson or partnership eno-as^ed in this

erupt from ii- /• • i- ii-

provisions of Commoiiwealth in manufacturing: lousiness and having

1895 438 . -

more than twenty-five employees shall, by a special con-
tract with persons in his or its employ or by any other
means, exempt himself or itself from the provisions of
chapter four hundred and thirty-eight of the acts of the
year eighteen hundred and ninety-five relative to the
weekly payment of wages.
Penalty. Section 2. Whocvcr violatcs the provisions of this

act shall be punished by a fine not exceeding fifty dollars
and not less than ten dollars.

Section 3. This act shall take effect upon its passage.

Approved April 6, 1896.

CJl(W.'2i4^2 An Act to incorporate the Springfield branch of the

woman's board of missions.

Be it enacted, etc. , as foUoivs :
'^^e^sprinijfieid Section 1. Ellcu B. Derby, Clara S. Palmer, Har-
woraan's Board riet N. Nortou, Eliza B. Rogers, Anna M. Tuck, Harriet

of Missions n-, -r-. 1 . 1 t-1 T TT 1 1 1 j 1 • • X 1

incorporated. T. Buckingham, Emma L. Huhl)ard, their associates and
successors, are herel)y constituted a body corporate, to
be located in the city of Springfield, under the name of
The Springfield Branch of the Woman's Board of Mis-
sions ; with all the powers and privileges and subject to
all the duties, liabilities and restrictions set forth in the
general laws which now are or may hereafter be in force

Acts, 1896. — Chap. 243. 189

relating to corporations, so far as the same may be ap-
plicable ; except as hereinafter provided.

Section 2. The officers of said corporation shall be officers, etc.
a president, two or more vice presidents, one or more
recording secretaries, one or more corresponding secre-
taries, and a treasurer, all the above-named officers to be
elected annually in such manner as shall be provided in
the by-laws ; an executive committee, consisting of the
above-named officers, and a board of directors. The
board of directors shall consist of one person appointed
annually by and from the mem])ership of each society or
voluntary association auxiliary to said corporation, or
hereafter recognized as such by said corporation.

Section 3. The object and purpose of said corporation Object and
shall 1)e to collect, receive and hold money given by vol- corporation.
untary contributions, donations, bequests and otherwise,
to be devoted to the christianization of women in foreign
lands, by means of missionaries, schools and native
helpers, under the direction and through the treasury of
The Woman's Board of Missions.

Approved April 7, 1896.

An Act relative to the payment of sewer assessments and p'/i^^ 24S

THE publication OF SEWER REGULATIONS IN THE CITY OF ^ '

MEDFORD.

Be it enacted, etc. , as follows :

Section 1. Section six of chapter one hundred and ^^gj^Jg^-^ ^•
eighty of the acts of the year eighteen hundred and
ninety-three is hereby amended by striking out the words
"city treasurer ", wherever said words occur in said
section, and inserting in place thereof the words : — col-
lector of taxes of said city, — so that said section as
amended shall read as follows : — Section 6. The city Apportionment,
council of said city may by vote determine what propor- sytt'em of"' ''^
tion of the cost of said system of sewerage said city shall ^^^^'^"s*-
pay, provided that it shall not pay less than one third
nor more than one half of the whole cost. The remain-
ing cost of said system shall l)e borne by the owners of
estates situated within the territory embraced by it and
benefited thereby, but no estate shall be deemed to be
benefited unless or until a sewer is constructed into which
it can be drained. The owners of such estates shall be
assessed by said commissioners their proportional parts

190

Acts, 1896. — Chap. 243.

By stem of
sewerage

Apportionment, respectively of such portion of the total cost of said

etc., of cost of ^ *'. iiiji -J • 1 1

system as is not borne by the' city as above-provided.
Such proportional parts shall be based upon the estimated
average cost of all the sewers composing said system,
and shall l)e assessed by a fixed uniform rate according
to the frontage of such estate on any street or way in
which a sewer is constructed, or according to the area of
such estate within a fixed depth from such street or way,
or according to both frontage and area ; and every such
owner shall, within three months after written notice of
such assessment served on him or on the occupants of his
estate, or sent by mail to the last address of said owner
known to said commissioners, pay the sum so assessed to
the collector of taxes of said city : provided^ that said
l)oard shall, on the written request of any such owner*
made w^ithin said three months, apportion such assess-
ment into such num])er of equal parts or instalments, not
exceeding five, as said owner shall state in such request ;
and said board shall certify such ai)portionment to the
assessors of said city, and one of said parts or instal-
ments, with interest from the date of said apportionment
at the rate of five per centum per annum, shall be added
by the assessors to the annual tax on such estates for
each year next ensuing until all said parts have l)een so
added and paid, unless sooner paid as hereinafter pro-
vided ; and provided, further, that nothing herein con-
tained shall 1)0 construed to prevent the payment at any
time in one payment, notwithstanding its prior appor-
tionment, of any balance of said assessments then remain-
ing unpaid ; but interest on such balance at the rate of
five per centum per annum shall be paid to the date
of such payment ; and thereupon the collector of taxes
of said city shall receive the same and shall certify such
payment or payments to the assessors, who shall preserve
a record thereof. In cases of corner lots and lots abutting
on more than one sewered street the same area shall not
be assessed more than once.

Section 2. Section thirteen of said chapter is hereby
amended by striking out the words " in some newspaper
of", in the seventh and eighth lines, and inserting in
place thereof the words : — for three successive weeks in
some newspaper published in, — so that said section as
amended shall read as follows : — Section 13. Said board
of commissioners may prescribe rules and regulations for

1893, 180, § 13,
amended.

Rules, regula-
tions and
penalties.

Acts, 1896. — Chap. 244. 191

the inspection of materials, construction, alteration or
use of all sewers or drains entering into such main
sewers, and may impose penalties, not exceeding twenty
dollars, for each violation of any such rule or regulation.
Such rules or regulations shall be published not less than
once a week for three successive weeks in some newspaper
pul)lished in said city of Medford and shall not take eliect
until such publication has been made.

Section 3. This act shall take effect upon its passage.

Approved April 7, 1896.

■^- ChapM4:

An Act relative to the division of cities into voting pre-
cincts.

Be it enacted, etc. , as follows :

Section ninety-seven of chapter four hundred and amended ^ ^^'
seventeen of the acts of the year eighteen hundred and
ninety-three is hereby amended l)y striking out the words
" eight hundred", in the fourth, ninth, twelfth, eighteenth,
twenty-third and twenty-seventh lines, and inserting in
place thereof in each case the words : — one thousand, —
so that said section as amended will read as follows : —
Section 97. The several cities of the Commonwealth Votingprecincts
shall, for the choice of all officers who are elected by the ITaUonTetc!^'^"
people, be divided into convenient voting precincts con-
taining not more than one thousand registered male
voters, and all such voting precincts shall be designated
by numljcrs or letters of the aljjhabet.

Every ward of a city containing, according to the rcg- Division into
istration of voters at the preceding annual city election, '° '"gp''<^'='°<' «•
one thousand or less registered male voters, shall con-
stitute a voting precinct, except that if a ward shall, ac-
cording to such registration in any year, contain more
than live hundred but not more than one thousand such
voters, the board of aldermen of the city may, on or
before the first Monday of July in the following year,
if they shall deem it expedient so to do, divide the same
into two voting precincts. If a ward of a city consti-
tuting a single voting precinct shall, according to such
registration, in any year contain more than one thousand
male voters, the board of aldermen shall, on or before
the first Monday of July in the following year, divide
the same into two or more voting precincts ; and if a vot-
ing precinct of a ward shall, according to such registra-

192 Acts, 1896. — Chaps. 245, 246.

?dun"°°recinct8 ^^^^^ ^^^ ^^^^ J^ai", contaiii more than one thousand male
voters, the board of aldermen shall in like manner either
divide such precinct into two or more voting precincts
or shall make a new division of the ward into voting pre-
cincts, so that no such precinct shall contain more than
one thousand reo;istered male voters. When wards are
so divided into voting precincts, the precincts shall l>c
established so as to contain, as nearly as may be, an
equal number of voters, and in such manner that each
precinct shall consist of compact and contiguous terri-
tory, and shall be entirely within one ward ; and, so far
as possible, the middle lines of known streets or ways,
or other well-delined limits, shall be the boundaries of
such precincts. xipproved April 7, 1896.

ChaP,24:5 ^^ -^^^ relative to the sewer INDEBTEDNESS OF THE CITY OF

MARLBOROUGH.

Be it enacted, etc., as follows:

kicluded^n SECTION 1. Dcbts heretofore incurred by the town

ascertaining .^^(j city of Marlborougli and del)ts hereafter intairred by

city. said city for the construction of its sewers and system

of sewerage, shall be excluded in ascertaining the amount

of indebtedness of said city for the purposes of chapter

twenty-nine of the Pul^lic Statutes and acts in amendment

thereof and in addition thereto.

^onJ'to be''^'*' Section 2. Any and all notes and other obligations

bmdingupon heretofore issued by said town and city for money lior-

rowed shall be binding upon said city, notwithstanding

that the same may have been in excess of the limit of

indebtedness fixed by law for said town and city.

Section 3. This act shall take effect upon its passage.

Approved April 7, 1896.
. i

C7Aa79.246 ^^ act relative to THE BOARD OF PUBLIC AVORKS OF THE CITY

OF NEW BEDFORD.

Be it enacted, etc., as follows-:
Clerk of board Section 1. Thc board of public works of the city of

or public worliB

of New Bed- Ncw Bcdford shall annually in the month of May elect

ford, election, ir«j_i j.' r j-iiiir

compensation, and fix the Compensation oi some person to be clerk oi
the board, who shall hold office for one year. He shall
have the powers and perform the duties heretofore apper-
taining to the city clerk as clerk of said board, and shall
be sworn to faithfully discharge said duties. His appoint-

etc

Acts, 1896. — Chaps. 247, 248. 193

meiit shall not be subject to the provisions of chapter
three hundred and twenty of the acts of the year eight-
een hundred and eighty-four or any acts in amendment
thereof. So much of section two of chapter one hundred Repeal.
and sixty-seven of the acts of the year eighteen hundred
and eighty-nine as is inconsistent herewith is hereby
repealed.

Section 2. This act shall not take effect until it has when to take
been accepted by a two thirds vote of the members of the ^
city council of said city, which vote shall be taken by a
roll call. Approved April 7, 1896.

An Act relative to arrest on mesne process and execution, f^fjfjj^ 94.7
Be it enacted, etc. , as foUoivs :

Section 1. Whenever a person is under arrest by any Arrest on mesne

, -, 1 J • 1 ' process or

constable on mesne process or on execution such person execution.
may l)e further arrested by any deputy sheriff upon a writ
or execution which such constable may not be authorized
by law to serve ; and thereupon said constable shall de-
liver the custody of such person to the deputy sheriff and
make return upon his writ or execution of his doing
thereon, and deliver the same to the deputy sheriff, who
shall hold such person in arrest thereunder and complete
the service thereof.

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

Approved April 7, 1896.

ChapMS

An Act relative to the supervision of the state printing.
Be it enacted, etc., as follows:

Section 1. The secretary of the Commonwealth shall ^easu^reme^uo'f
in addition to his other duties supervise the state print- state printing.
ing. The auditor of the Commonwealth shall cause to be
measured all the printing done under the state printing
contract and no Inlls for printing shall be allowed uidess
they are found to l)e in strict conformity with said con-
tract. In order to properly carry out the provisions of
this act the auditor may employ in his department an
expert in printing, who shall in addition to his duties in
connection with the examination of bills for printing
under the state contract perform such other clerical as-
sistance as the auditor may require, and shall receive for
his services fifteen hundred dollars per annum.

194 Acts, 1896. — Chaps. 249, 250.

Repeal. Section 2. Chapter two hundred and eighty-seven of

the acts of the year eighteen hundred and ninety-three is
hereby repealed.

Section 3. This act shall take eftect upon its passage.

Approved xipril 7, 1896.

Char) 249 ^^ ^^^ ^^ authorize the town of BARNSTABLE TO TAKE CER-
TAIN LANDS FOR A PUBLIC LANDING PLACE.

May take cer-
tain lands for a
public landing
place.

Proviso.

Damages.

Not to construct
a wharf, etc.

Be it enacted^ etc. , as follows :

Section 1. The town of Barnstable is hereby author-
ized to take, by purchase or otherwise, so much of the
flats and lands l)etween low and high w^ater mark, adjoin-
ing a town road, which road leads from the county road
and is bounded by the land of Alexander C. Adams on the
north and the land of Oliver C. Lumljert on the south,
as may l)e necessary for the establishment of a pul)lic
landing place in the ^vesterly part of the village of Cotuit
in said town : 2^''ovided, that so much of said flats and
lands as cannot be obtained l\y purchase shall be taken
by said town of Barnstable, within two years, and under
the laws relating to the taking of land for town ways.

Section 2. Any person whose land is taken or dam-
aged by said taking shall have his damages estimated and
determined l)y the Ijoard whose duty it is to estimate and
determine damages in the case of land taken for tow^n
ways, and if said person is aggrieved by such award he
shall have the same right of ai)peal as a person whose
land has been taken for town ways.

Section 3. Said town shall not erect or construct a
wharf or pier upon the land thus taken.

Section 4. This act shall take efl'ect upon its passage.

Approved Ajml 7, 1896.

Ch(ip.2i50 An Act relative to the inspection of articles of food in

THE CITY OF BOSTON.

1895,449, § 19,
amended.

Health inspect-
ors, appoint-
ment, powers
sod duties.

Be it enacted, etc., as follows:

Section 1. Section nineteen of chapter four hundred
and forty-nine of the acts of the year eighteen hundred
and ninety-five is hereby amended by striking out all of
said section, and inserting in place thereof the following :
— Section 19. The board of health of the city of Boston
shall appoint as employees of the health department one

Acts, 1896. — Chap. 251. 195

or more health inspectors, who shall, as designated by
said board, have and perform all the powers and duties
conferred by law upon inspectors of milk, inspectors of
vinegar, inspectors of animals, and inspectors of provi-
sions and of animals intended for slaughter, and such
other duties as said board may direct, and the ins})ection Certain offices
of milk and vinegar deiKxrluicnt, and inspection of })ro-
visions department are hereljy abolished, and the officers
so designated shall be the inspectors of milk, the inspect-
ors of vinegar, the inspectors of provisions, the inspectors
of animals, and the inspectors of provisions and of animals
intended for slaughter in said city.

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

Aj)2^roved April 7, 1896.

Ckap.25l

An Act relative to the collection of sewek and sidewalk

assessments.
Be it enacted, etc., as follows :

Section 1. Demand for the payment of assessments collection of
made on account of the construction of sewers or of side- wEHrassess- "^
walks may ])e made in the same manner as demands for '"^°^^-
the payment of taxes, and sales for the non-payment of
such assessments and all proceedings connected therewith
shall be made upon the same notices thereof, and shall
be otherwise conducted in the same manner as sales for
non-payment of taxes ; and all proceedings subsequent to
such sales, in regard to redemption, the purchase and
holding of the land by or on behalf of the town or city,
the interest to be paid in case of redemption, and other-
wise, shall be the same as in the case of land sold for
taxes.

Section 2. A city by its city council, and a town at any Assessments
town meeting, may vote that all assessments on account hltYres't?'^
of the construction of sewers or of sidewalks shall l)ear
interest, at a specified rate, not exceeding seven per cent.
per annum, from the thirtieth day after assessment until
paid ; and the interest accruing under such vote or votes
shall l)e added to and be a part of such assessments.

Section 3. This act shall take effect upon its passage.

Ap2)roved Ajoril 7, 1896.

196 Acts, 1896. — Chaps. 252, 253.

C/i«Z).252 -^^ ^^'^ RELATIVE TO THE POLLUTION OF SOURCES OF WATER

SUPPLY.

Be it enacted, etc. , as follows :

Tmended? ^^' SECTION 1 . Section niiiety-six of chapter eighty of the

Public Statutes is hereby amended by inserting after the
word " any ", in the fifth line, the words : — stream or, —
by striking out the word "or", after the word "city",
in the sixth line, and inserting after the word "town",
in the same line, the words : — or water company, — so

sources^of water ^s to read as follows : — Section 96. No sewage, drain-

pouuted. age, or refuse or polluting matter, of such kind and

amount as either by itself or in connection with other
matter will corrupt or impair the quality of the water of
any stream or pond hereinafter referred to, for domestic
use, or render it injurious to health, and no human
excrement, shall be discharged into any stream or pond
used as a source of water supply by a city, town, or
water company, or upon whose banks any filter basin so
used is situated, or into any stream so used, or upon whose
banks such filter basin is situated, within twenty miles
above the point where such supply is taken, or into any
feeders of such pond or stream within such twenty miles.

Amended ^^' Section 2. Scction ouc of chapter one hundred and

fifty-four of the acts of the year eighteen hundred and
eighty-four is hereby amended by inserting after the word
"judicial", in the first line, the word: — court, — by
striking out the word "or", after the word "city", in
the third line, and by inserting after the word " town",
in the third line, the words : — or a water company, — so

Injunction as to read as follows: — Section 1. The supreme iudi-

againsl violation . . . , • j ,• ,•

of P. 8. 80, § 96. cial court, or superior court, in term time or vacation,
upon the application of the mayor of a city, the select-
men of a town, or a water company, interested, may
grant an injunction against any violation of the provisions
of section ninety-six of chapter eighty of the Public
Statutes. Approved April 7, 1896.

OhCfp.^B^ -^^ -^CT RELATIVE TO DIRECTORS OF DOMESTIC STOCK INSURANCE

COMPANIES.

Be it enacted, etc. , as folloivs :

?omeItic%°tock Section 1. A majority only of the board of directors
insurance com. of evciy domcstic stock iusuraucc company shall be re-
quired to be residents of this Commonwealth.

Acts, 1896. — Chaps. 254, 255. 197

Section 2. So much of section thirty-two of chapter Repeal,
five liunclred and twenty-two of the acts of the year eight-
een hundred and ninety-four as is inconsistent herewith
is hereby repealed.

Section 3. This act shall take effect upon its passage.

Approved April 7, 1896.

An Act kelative to the tenure of office of members of (JJicip.2i54:

THE state board OF AGRICULTURE.

Be it enacted, etc., as follotos :

Section two of chapter twenty of the Public Statutes P.s.20 §2,

111 •!• •! IT amended.

IS hereby amended by striking out m the second line,
the words ' ' first Wednesday of February ", and inserting
in place thereof the words : — second Wednesday of Jan-
uary, — and by inserting after the word " terms ", in the
eighth line, the words: — The terms of the appointed
members of said board whose terms would expire on the
first Wednesday of February in the year eighteen hun-
dred and ninety-seven shall expire on the second Wednes-
day of January in said year, — so that said section as
amended will read as follows : — Section 2. One third S'XgH-
of the appointed members of said board shall retire from ^f'^^''^;'''"''^
office on the second Wednesday of January in each year,
according to their appointments. The vacancies thus vacancies, etc
occurring shall be filled by the governor and council, or
by the agricultural societies, as the offices were before
filled, and the persons thus appointed shall hold their
offices for three years from the expiration of the former
terms. Other vacancies may be filled in the same man-
ner for the remainder of the vacant terms. The terms
of the ajipointed members of said board whose terms
would expire on the first Wednesday of February in the
year eighteen hundred and ninety-seven shall expire on
the second Wednesday of January in said year.

Approved April 7, 1896.

An Act to authorize the great barrington fire district fyjffjy. 0,KK

TO ISSUE BONDS FOR THE REFUNDING OF ITS NOTES AND DEBT "'

CREATED IN CONSTRUCTING SEWERS.

Be it enacted, etc., as follows:

Section 1. The Great Barrington Fire District, upon Great Barring.
the acceptance of this act as hereinafter provided, may, B°ewera% Loan,
for the purpose of refunding any or all of its notes now ^'^^ *** ^^®®'

198

Acts, 1896. — Chap. 255.

Great Barring-
ton Fire District
Sewerage Loan,
Act of 1896.

Payment of
loan.

Income from
certain assess-
ments to be ap-
plied to pay-
ment of loan.

Apportionment
of assesements,
etc.

outstanding and providing for the payment of any of its
indel)tedness contracted in the construction, repair or
purchase of main drains and common sewers under the
provisions of chapter two hundred and seventy-nine of
the acts of the year eighteen hundred and eighty-six, and
for the purpose of extending and enlarging its system of
sewerage, issue from time to time bonds, notes or scrip
to an amount not exceeding twenty-five thousand dollars.
Such bonds, notes or scrip shall bear on their face the
words, Great Barrington Fire District Sewerage Loan,
Act of 1896, shall be payable at the expiration of periods
not exceeding twenty years from the date of issue and
shall bear interest paya])le semi-annually at a rate not
exceeding four per cent, per annum, and shall be signed
by the treasurer of the fire district and countersigned l)y
the chairman of the board of commissioners of sidewalks,
common sewers and main drains of said fire district. The
said fire district may authorize the treasurer of the dis-
trict to sell such securities at public or private sale at
not less than par, upon such terms and conditions as said
treasurer may deem proper.

Section 2. The said fire district shall provide for the
payment of such bonds, notes or scrip in annual pay-
ments of such amounts as will in the aggregate extinguish
the same within the said period of twenty years, and said
district may by vote determine that the principal and in-
terest of any bonds, notes or scrip issued under the pro-
visions of this act shall be payable in gold.

Section 3. The income from assessments made by
the board of commissioners of sidewalks, common sewers
and main drains, upon lands or persons benefited by
sewers constructed, repaired or purchased by said com-
missioners under the provisions of chapter two hundred
and seventy-nine of the acts of the year eighteen hun-
dred and eighty-six and under the provisions of this act,
or received for use of said sewers, shall be applied to the
payment of the principal and interest of such bonds,
notes and scrip ; and said fire district shall raise by taxa-
tion such sums as shall Ije necessary in addition thereto
to pay the said principal and interest sums as they shall
become due.

Section 4. The commissioners of sidewalks, common
sewers and main drains of said fire district shall assess
the owners of estates situated within said fire district for

Acts, 1896. — Chap. 255. 199

the purpose of raisinor funds to iiay said bonds, notes and Apportionment

i i ~ f, . 01 aaseBsmenta,

scrip, and for the purpose of maintaining the sewers etc.
belonging to said fire district by virtue of the provisions
of said chapter two hundred and seventy-nine of the acts
of the year eighteen hundred and eighty-six, in the
manner following : Such assessment shall be based upon
one fourth of the cost of all sewers owned by the district
at the time the assessment is made, and shall be assessed
by a fixed uniform rate according to the frontage of each
estate on any street or way in Avhicli a sewer is con-
structed ; or according to the area of each estate within a
fixed depth from such street or way ; or according to both
frontage and area; or by a uniform rate upon all dwell-
ings and a like uniform rate upon all other l)uildings.
Every owner of an estate assessed as aforesaid shall
within three months after written notice of such assess-
ment served on him or on the occupant of his estate, or
sent by mail to the last address of said owner known to
said commissioners, pay the sum so assessed to the treas-
urer of said fire district : provided, that said commis- Provisos.
sioners shall, on the written request of any such owner
made within said three months, apportion such assess-
ment into such number of e(|ual parts or instalments, not
exceeding ten, as such owner shall state in such reijuest,
and they shall certify such ai)p()rtionment to the assess-
ors ; interest from the date of said apportionment at the
rate of five per cent, per annum shall l)e added to each of
said assessments until they are paid, and one of said })arts
shall be added by the assessors to the annual tax on such
estates for each year next ensuing until all said parts have
been so added, unless sooner paid as hereinafter pro-
vided ; and provided, furtJier, that nothing herein con-
tained shall ])e construed to })revent the payment at any
time in one payment, notwithstanding its prior apportion-
ment, of any balance of said assessments then remaining
unpaid, but interest on such balance at the rate of five
per cent, per annum shall be paid to the date of such pay-
ment ; and thereupon the treasurer shall receive the same
and shall certify such payment or payments to the as-
sessors, who shall preserve a record thereof. In cases
of corner lots al>utting on more than one sewered street
the same area shall not l)e assessed more than once. No
assessment shall be made w^ith respect to any estate until
it can be drained by a sewer. When a aewer has been

200

Acts, 1896. — Chap. 255.

1886, 279, § 9,
amended.

Board to lay
niaiu draioB,
take laud, etc.

1886, 279, § 12,
amended.

AssessmentB to
eonslilute lien
on real estate,
etc.

Time •within
which assess-
ments may be
made.

Commissioners
may establish
an annual
charge for cer-
tain privileges,
etc.

built running through land other than a street no assess-
ment shall be made as to said land abutting on said sewer
until that part thereof occupied by the sewer has been
laid out as a street.

Section 5. Section nine of said chapter two hundred
and seventy-nine is hereby amended by striking out all
of said section and inserting in place thereof the follow-
ing : — Section 9. Said board shall lay, reconstruct and
maintain in said fire district all such main drains and
common sewers as said fire district at a lesal meetino^
called for that purpose shall by vote adjudge to be
necessary for the public convenience or the public health,
and may repair the same from time to time whenever
necessary ; and for these purposes may take, in the
manner hereinafter provided, any land which in their
opinion may be necessary therefor.

Section 6. Section twelve of said chapter two hun-
dred and seventy-nine is hereby amended by striking out
all of said section and inserting in place thereof the
following : — Section 12. All assessments made by the
board of commissioners of sidewalks, common sew^ers
and main drains of the Great Barringtou Fire District
shall constitute a lien on the real estate assessed for three
years from the time of assessment, and for one year after
the final determination of any suit or proceeding in which
the amount or validity of such assessment shall l)e drawn
in question. Every assessment made by said board shall
\)G recorded in books to l)e kept for that purpose.

Section 7. Said board of commissioners of sidewalks,
common sewers and main drains may make the assess-
ment as provided in section four of this act for sewers
already constructed l>y said fire district, at any time
within two years from the date of the acceptance of this
act by said fire district, and may make assessments for
.any sewers hereafter purchased or constructed l)y said fire
district at any time within two years after such purchase
or construction. Said commissioners may establish an
annual charge for the privilege of connecting or continu-
ing a connection with any sewer belonging to said fire
district, and may order any or all persons or corporations
to dispose of their sewage in said fire district by connec-
tion with some sewer thereof owned by said district, pro-
vided any such sewer passes through any street or way
adjoining the premises of such persons or corporations ;

Acts, 1896. — Chaps. 256, 257. 201

and any person or corporation neglecting to comply with
such order shall be liable to a tine not exceeding twent}'
dollars for each month's continuance of such neglect.

Section 8. This act shall take effect upon its accept- ^^^"'"'^"''^
ance by a two thirds vote of the legal voters of said lire
district present and voting thereon at a legal meeting
called for that purpose. Approved April 9, 1896.

Chap.256

An Act relative to appointments in the boston fire depart-
ment.

Be it enacted, etc., as folloivs :

Section 1. All call members in the Boston fire de- Appointments

- , 1 ,1 • in Boston fire

partment who have served three or more successive department.
years in said service shall, upon application to the civil
service commissioners, be placed ui)on the eligi])lc list
for appointment as permanent men, without any further
examination. The fire commissioner may at his discre-
tion appoint such men on the permanent force, at the
same salary as a permanent man who has served three or
more j^ears in said service.

Section 2. This act shall take eftect upon its accept- ^^^7/°'"''^
ance by the city government of the city of Boston.

Approved Ajoril 9, 189&.

Cliap.2^1

An Act to require alterations in the crossings of public

and private ways with railroads in the towns of HYDE
PARK AND DEDIIAM, AND TO PERMIT THE USE OF ELECTRIC
POWER ON THE DEDHAM BRANCHES OF THE NEW YORK, NEW
HAVEN AND HARTFORD RAILROAD.

Be it enacted, etc., as follows :

Section 1. The petitions in the superior court for Alterations in
Norfolk countv by the directors of the New England fn Hyde^Pa'r'k^
Railroad Company" and of the New York, New Haven and l^t ''''^^^"*
Hartford Railroad Company, and by the selectmen of
Dedham, for the alteration of the grade crossings of
Milton street in Hyde Park, and Walnut, Mount Vernon
and East streets in Dedham, may be consolidated l)y the
court, and the commissioners who may be appointed
therein shall prescribe the manner in which said cross-
ings and all other crossings of public and private ways
in said towns on the main line of said last named com-
pany and on the Dedham branches thereof shall be
altered or abolished so as to insure greater public con-

202

Acts, 1896. — Chap. 257.

By whom alter-
aUoDS,etc.,ehall
be made, etc.

Railroad com-
pany may
operate with
electric power,
etc.

venience and safety, and shall also provide for the reloca-
tion of the stations of said companies in that part of Hyde
Park known as Readville, and for a new additional high-
way crossing of the raih"oad of the New York, New Haven
and Hartford Railroad Company not at grade between the
Readville and Hyde Park stations at such point as the
commissioners may lind public necessity and convenience
to require.

Section 2. The alterations and improvements pre-
scribed by said commissioners, so far as they aftect the
crossings of the road of the New England Railroad Com-
pany, shall be made l)y that company and the expense
thereof be paid by it, and for that purpose it may issue
bonds to be secured bj^ mortgage upon its road and
property to such amount as may be required therefor
and approved l)y the board of railroad commissioners, or
it may use the proceeds of l)onds issued under its mort-
gage made on the second day of September in the year
eighteen hundred and ninety-five, and recorded in Suffolk
registry of deeds, on the twelfth day of September, in
the year eighteen hundred and ninety-five. The altera-
tions and improvements prescribed by the commissioners,
so far as they aftect the crossings of the road of the New
York, New Haven and Hartford Railroad Company, shall
be made by that company and the expense thereof paid
by it from the proceeds of stock or bonds issued by the
Old Colony Railroad Company under the provisions of
the lease of that company to the New York, New Haven
and Hartford Railroad Company and with the approval
of the board of railroad commissioners, such stock to be
sold at public auction, and such l)onds to be issued under
the provisions of the general law.

Section 3. When the grade crossings on said Dedham
l)ranches are abolished, as provided in this act, the rail-
road company may operate such branches and its road
between Readville and Boston with electric power in such
manner and with such changes in its roadbed or tracks
as it may find best adapted thereto, and for the purpose
of transmission of electric power for the operation of said
road said company may take land in fee or otherwise
within such limits as the county commissioners may pre-
scribe, and damages may be recovered therefor in the
manner provided in the general laws for the recovery of
damages for land taken for railroad purposes.

Acts, 1896. — Chap. 257. 203

Section 4. All expense of relocation of stations under Expense of
the first section of this act which the commissioners do stations, etc.
not in their report decide to be reasonably necessary in
connection with the alteration of crossings hereby re-
quired to be altered, and all expenses of any kind
incurred under the third section of this act, shall be
wholly paid by said railroad companies in such propor-
tions as they may agree, or, if they fail to agree, may be
fixed upon the application of either of them by the board
of railroad commissioners.

Section 5. The acceptance of the report of the com- Taking of land
missioners by the court shall be a taking of the land highway pur-
required to be taken for railroad and highway purposes, p°*^*'®°-
as therein specified, and the provisions of sections one to
eight inclusive of chapter four hundred and twenty-eight
of the acts of the year eighteen hundred and ninety, and
all acts in addition thereto or in amendment thereof,
shall, so far as they do not conflict with the provisions
of this act, l)e applicable to all proceedings under this
act.

Section 6. The superior court shall appoint some Apportionment

-.•I, . . 11 of expenses or

proper person to audit irom tune to tune and make report alterations, etc.
to the court of the expenses incurred by said railroad
companies respectively in making the alterations and
improvements prescribed and required to bo made by the
report and decision of said commissioners which are not
by this act required to be wholly paid by said railroad
companies, and said reports when accepted by the court
shall ])e final. Forty-five per cent, of the expense in-
curred by said railroad companies respectively, as shown
by said reports when accepted by the court, shall be
provided and paid by the Commonwealth in the manner
provided for the payment of the forty-five per cent,
required to be paid under chapter four hundred and thirty-
three of the acts of the year eighteen hundred and ninety-
two, chapter one hundred and twenty-six of the acts of
the year eighteen hundred and ninety-three, and chapter
four hundred and sixty-seven of the acts of the year
eighteen hundred and ninety-four, in relation to the
abolition of grade crossings of the Boston and Providence
railroad in the city of Boston. And the towns of Hyde
Park and Dedham shall each respectively repay to the
Commonwealth thirty per cent, of the amount paid by it
on account of the expenses incurred in said towns, such

204 Acts, 1896. — Chaps. 258, 259.

payments to be made in the manner and with the rate of
interest provided in said acts of the years eighteen hun-
dred and ninety-two, eighteen hundred and ninety-three
and eighteen hundred and ninety-four.

Section 7. This act shall take effect upon its passage.

Ajjproved April 11, 1896.

ChaT).2i5S ^^ ■^^'^ RELATIVE TO ILLUSTRATIONS IK REPORTS MADE TO THE
GOVERNOR OR TO THE GENERAL COURT.

Be it enacted, etc, as folloivs :

tioQ8°fnreporu Section 1 . No illustratious shall hereafter be intro-
to be approved Jueed iu i)rinted reports of state officers, or of boards or

in certain cases. i ^ '

conmiissions required to report to the governor or to the
general court, except in cases where the insertion of such
illustrations is expressly authorized by law or l^y direction
of the general court or of either branch thereof, unless
the approval of the secretary of the Commonwealth,
acting as supervisor of state printing, and of the auditor
of accounts is first obtained for the insertion of such
illustrations. The term "illustrations", as used in this
section shall include maps and plans, photogravures,
wood cuts and other pictorial illustrations.

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

Approved April 11, 1S96.

(Jlia7).25Q An Act to prohibit fishing through the ice on the north-
erly END OF LAKE QUINSIGAMOND, IN WORCESTER OR SHREWS-
BURY.

Be it enacted, etc., as folloios :
Taking of fish Section 1 . Whocvcr takcs or attempts to take through

from Abbott's . n -x i^ n ^ c /-\ • •

pond restricted, tlic ICC aiiy fish from the water ot that part of Quinsig-
amond lake known as Abbott's pond, in Worcester or in
Shrewsl)ury, northerly of the turnpike bridge, at any
time prior to the first day of November in the year
nineteen hundred and one, shall for each ofience be
punished by fine not exceeding five dollars ; and in any
prosecutions under this act the possession of any fish
upon, or on the shores of, said lake shall be prima fkcie
evidence of a violation of this act.

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

Approved April 11, 1896.

Acts, 1896. — Chaps. 260, 261. 205

An Act to incorporate the manufacturers' ageicultural, QfiQjry 9(50

SOCIETY IN NORTH ATTLEBOROUGH.

Be it enacted^ etc. , as follows :

Section 1. George H. French, Elton I. Franklin, Manufacturers-
William H. Riley, William W. Sherman, John W. sod'etylnNorth
Wolfenden and Sidney O. Bagney, their associates and incorporated!
successors, within the towns of Attleborough, Wrentham,
Foxborough, Rehoboth, Franklin, Mansfield, Norton and
North Attleborough, are hereby made a corporation under
the name of the Manufacturers' Agricultural Society,
located in North Attleborough, for the encouragement
of agriculture, horticulture and the arts, by premiums
and other means ; with all the powers and privileges and
subject to all the duties, restrictions and liabilities set
forth in all general laws which now are or may hereafter
be in force applicable to such corporations, provided said
corporation shall not be deprived of any bounty from the
Commonwealth by the existence of the North Attleborough
Agricultural Society. The capital stock of said corpora- Capuai stock,
tion shall not exceed thirty thousand dollars, to be divided
into shares of twenty-five dollars each ; and said corpora-
tion is hereby authorized to hold, by purchase, gift, de-
vise or otherwise, real and personal estate to an amount
not exceeding thirty thousand dollars.

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

Approved April 11, 1896.

Chap.26l

An Act to incorporate the toavn of baldwinville.
Be it enacted, etc. , as follows :

Section 1. All the territory now within the town of Townof Baid.

m 1 I'lT ii'i^n • winville incor-

lempleton which lies northerly ot the following described porated.
line, that is to say : Beginning at a stone monument on
the boundary line between the town of Templcton and
the town of Phillipston, at a point where said boundary
line intersects the southerly line of the Royalston road
northwesterly of and near the Lewis Brigham place, and
running thence easterly to a stone monument at the north-
west corner of the Baptist common schoolhouse lot, thence
in the same course easterly to a stone monument on the
east line of the East Baptist common road, thence running
southeasterly in a straight line to the boundary line be-

206

Acts, 1896. — Chap. 261.

Payment of
taxes, etc.

Support and re-
lief of paupers.

tween the town of Templeton and the town of Gardner,
at the point where the Underwood pond outlet empties
into the Otter river, is hereby incorporated into a separate
town by the name of Baldwinville, and the said town of
Balduinville is hereby vested with all the powers, privi-
leges, rights and inmiunities, and shall l>e sul)ject to all
the duties and requirements, to which other towns are
entitled and subject, under the constitution and laws of
the Commonwealth.

Section 2. The inhal)itants of and the estates within
tlie town of Baldwinville, and the owners of such estates,
shall be liolden to pay all the arrears of taxes which have
been legally assessed upon them by the town of Temple-
ton, and all the taxes heretofore assessed and not collected
shall be collected and paid to the treasurer of the town
of Templeton, in the same manner as if this act had not
been passed ; and until the next state valuation the town
of Baldwinville shall annually in the month of Noveml)er
pay to the town of Templeton its proportion of such state
and county taxes as may be assessed upon said town of
Templeton, said proportion to be ascertained and deter-
mined by the last valuation of said town of Templeton ;
and the assessors of the toAvn of Templeton shall make
return of said valuation and the proportion thereof in the
toAvns of Templeton and Baldwinville, respectively, to
the secretary of the Commonwealth and to the county
commissioners of the county of Worcester.

Section 3. The towns of Templeton and Baldwinville
shall be respectively liable for the su})})ort of all persons
who now do or shall hereafter stand in need of relief as
paupers, whose settlement was gained, whether by orig-
inal acquisition or by derivation, within their respective
limits ; and the town of Baldwin\dlle shall pay annually
to the town of Templeton such proportion of all costs
for the support or relief of those persons who now do
or shall hereafter stand in need of relief or support as
paupers, and whose settlement by original acquisition or
by derivation was gained by reason of military service
as a part of the quota of the town of Templeton, or who
cannot be located on the site whence their settlement was
derived or whereon it was acquired, as the valuation of
the town of Baldwinville shall bear to that of the town
of Templeton, according to the last state valuation prior
to said relief and support.

Acts, 1896. — Chap. 261. 207

Section 4. That part of the cemetery fund the in- Cemetery fund.
come of wliich is to l)e applied to the care of the ceme-
tery in Baldvvinville, belonging to the town of Templeton,
shall he paid to and become the pro})erty of said town of
Baldwin ville, and be managed and the income expended
accordins: to the intention of the original grant thereof.

Section 5. Any debt already incurred or which may ^.^^''"°°g°[„ ^
hereafter be incurred on account of the abolition of grade etc.
crossings within the territory of the said town of Bald-
winville, as decreed by the superior court, shall be as-
sumed and paid by the town of Baldwinville ; and all
suits and proceedings at law or equity arising from such
al^olition of grade crossings shall be instituted and prose-
cuted or defended by the town of Baldwinville, and the
amount recovered in any such suit or proceeding by or
against said town of Baldwinville shall be received or
paid, as the case may be, by the town of Baldwinville ;
and the town of Baldwinville shall assume and pay any Leasing of

Lelaud 8 Hill

liability incurred heretofore by the town of Templeton in for town pur-

. poses

leasing Leland's Hall, Otter River, for town purposes.

Section 6. All suits and proceedings at law or in Prosecution of

c suits otc.

equity, other than those mentioned in section live of this
act, where the cause of action in favor of or against the
town of Templeton arose before the passage of this act,
shall be instituted and prosecuted or defended by the
town of Templeton, with the same effect as if this act
had not been passed, and the amount recovered in any
such suit or proceeding hy or against said town of Tem-
pleton shall be received or paid, as the case may be, by
the town of Templeton, and, including costs, expenses
and counsel fees, shall be divided between the towns of
Templeton and Baldwinville in proportion to the last
valuation prior to the passage of this act.

Section 7. The town of Baldwinville shall retain and ^^^°°'J°rTus.
own schoolhouses, school property, engine houses, and putuc debt, etc.
rights thereto, and fire apparatus heretofore owned by
the town of Templeton, which are within its limits, with-
out payment therefor to the town of Templeton, and the
public debt of the town of Templeton, other than that
mentioned in section five of this act, after deducting cash
in treasury and debts due said town of Templeton, shall
be divided between the towns of Templeton and Baldwin-
ville in the proportion which the valuation of the town
of Templeton bears to the valuation of the town of Bald-

208

Acts, 1896. — Chap. 261.

CongreeBional,
councillor,
eenatorial and
representative
districts.

Judicial district.

Superintendent
of public
schools.

First meeting
for election of
town officers.

List of voters to
be furnished.

winville, said proportion to be ascertained and determined
by the last valuation of the town of Templeton ; and in
case the town of Baldwinville cannot agree with the town
of Templeton as to the amomit of debt which it is to as-
sume under this section said amount shall be determined
by three commissioners to be appointed by the superior
court for the county of Worcester, upon the application
of either town and notice to the other, whose award wJien
accepted by the said court shall be binding upon all
parties.

Section 8. The town of Baldwinville shall, until
otherwise provided by law, continue to be a part of the
second congressional district, of the seventh councillor
district, of the Worcester and Hampshire senatorial dis-
trict, and the second representative district of AVorcester
county ; and the inhabitants of said town of Baldwinville
shall vote for each of said officers in the town of Baldwin-
ville. The selectmen and clerk of said town of Baldwin-
ville in each of said cases shall make returns as if said
town had existed at the time of the formation of said
district. The town of Baldwinville shall, until otherwise
provided by law, continue to be a part of the judicial dis-
trict of the First District Court of Northern Worcester.
The town of Baldwinville shall continue as a part of the
union of the towns of Templeton, Hubl)ardston, Phillipston
and Royalston for the support of a superintendent of
public schools.

Section 9. Any justice of the peace whose residence
is in the town of Baldwinville may issue his warrant
directed to any inhabitant of said town of Baldwinville,
requiring him to notify and warn the inhabitants thereof,
qualified to vote in town affairs, to meet at the time and
place therein appointed, for the purpose of choosing all
such officers as towns are by law authorized and required
to choose at their annual meeting ; and said warrant shall
be served by posting copies thereof, attested by the person
to whom the same is directed, in three or more public
places hi said town of Baldwinville, seven days at least
before such time of meeting. Such justice or in his
absence such inhabitant required to notify the meeting
shall preside until the choice of moderator in said town
meeting. The registrars of said town of Templeton shall,
l>efore said meeting, prepare a list of voters in said town
of Baldwinville, qualified to vote at said meeting, and

Acts, 1896. — Chap. 262. 209

shall deliver the same to the person presiding at such
meeting l)efore the choice of moderator thereof.

Section 10. All rights heretofore secured to existing Rights of cer-
corporations upon the territory hereby incorporated shall tfontTto con^-
continue as though this act had not been passed. ^'""®'

Section 1 1 . This act shall take effect upon its accei)t- when to take
ance l)y a majority vote of the voters of said town of
Templeton present and voting thereon in the several
precincts of said town at any special election or legal
meeting duly called for the purpose, Ijut the number of
such elections or meetings shall not exceed two. The
first of such elections or meetings shall be called in the
month of June in the year eighteen hundred and ninety-
six, and if a subsequent election or meeting should be
necessary it shall be called in the month of Septemlier in
the year eighteen hundred and ninety-six. The select-
men of said town shall insert in the warrant for such
election or meeting an article providhig for a vote upon
tlie question, <' Shall the act to inc()r})orate the town of
Baldwinville be accepted?" The vote shall be l)y sepa-
rate ballot and in accordance with what is commonly
known as the Australian ballot or method of voting ; and f°'''» °^ *^^"°'-
the l^allot shall be printed in substantially the following
form : — Shall the act to incorporate the
town of Baldwinville l)e accepted? In tak-
ing said vote the check list shall be used.

Api^roved April 11^ 1896.

An Act to authorize the roman catholic cemetery associa- Cjlinj) 262

TION TO CONVEY CERTAIN LANDS TO THE CITY OF MALDEN.

Be it enacted, etc., as follows:

Section 1. The Roman Catholic Cemetery Associa- The Roman
tion, a corporation estalilished l)y chapter two hundred cemetery
and sixteen of the acts of the year eighteen hundred and ^*^''*^>""°"-
sixty-eight, shall hereafter consist of John J. Williams,
William Byrne and Richard Neagle, their associates and
successors ; with all the powers and subject to all the
duties, restrictions and limitations set forth or referred
to in said chapter.

Section 2. Said corporation is hereby empowered to May convey
conve}'^ to the city of Maiden the lands of said corjioration to "uy of""^^
laid out by said city of Maiden as a inil)lic highway, con- Maiden, et«.
taining about ninety-eight thousand seven hundred thirty-

YES.

NO.

210 Acts, 1896. — Chaps. 263, 264, 265.

eight square feet, and also to sell and convey all the lands
of said corporation lying northerly of said highway so
laid out ; no part of said lands which said corporation is
hereby empowered, to convey to 'be ever used for the
purposes of burial. - Approved April 11^ 1896.

ChaD.2GS '^ ^^^ '^^ CHANGE THE NAME OF THE NEWTON CORNER METH-
ODIST EPISCOPAL CHURCH.

Be it enacted, etc., as follows :

Name changed. Section 1. The name of the Newton Corner Meth-
odist Episcopal Church is hereby changed to Newton
Methodist Episcopal Church.
oms. bequests, Section 2. All gifts, grants, l)equests and devises
heretofore or hereafter made to said corporation under
either of said names shall vest in said Newton Methodist
Episcopal Church.

Section 3. This act shall take effect upon its passage.

Approved April 11, 1896.

OhctI).2iQ4: -^^ ■^^'^ '^^ REGULATE THE SALE OF CONDENSED MILK.

Be it enacted, etc. , as folloios :
Sale. etc. of Section 1. No pcrsou shall sell or offer for sale or

condensed milk . i

regulated. cxcliange in hermetically sealed cans any condensed milk
or condensed skim milk, unless in cans which are dis-
tinctly labeled with the name of the person or company
manufacturing said condensed milk or skim milk, the
brand under which it is made, and the contents of the
can.

labeled" etc. Section 2 . Coiideused milk sold from cans or pack-

ages not hermetically sealed shall be branded or labeled
with the name of the manutacturer.

Penalty. Section 3. Auy pcrsou violating the provisions of

this act shall be subject to the same penalties as for the
adulteration of milk. ^ Approved April 11, 1896.

ChaV.265 ^^ ^^^ ^^ authorize the city of BOSTON TO REIMBURSE CER-
TAIN FIREMEN FOR LOSSES SUSTAINED IN THE BURNING OF BUILD-
INGS BELONGING TO THE FIRE DEPARTMENT.

Be it eyiacted, etc. , as folloios :

[o'be"'r"eim.'"'" The City of Bo^toH may reimburse the members of the
o^pefsinai'"'^ lire department of said city for the loss of personal effects

effects.

Acts, 1896. — Chaps. 2G6, 267. 211

caused by the burning of houses belonging to the fire
department on the fifteenth day of May, in the year eight-
een hundred and ninety-four.

Approved April 11, 1896.

An Act kelative to the appointment of assistant assessors (7Aai>.266

IN the city of new BEDFORD.

Be it enacted, etc., as follows :

Section 1 . The board of assessors at large of the city Assistant
of New Bedford may annually, during the month of March, of New Bed-
appoint, subject to confirmation by the city council, who mentr^tc?'"''
shall fix their compensation per diem, such nuuiber of
persons as said board shall determine to be necessary,
who shall be styled assistant assessors, and who shall
have the powers and perform the duties heretofore ap-
pertaining to assistant assessors in New Bedford, and
who shall hold ofiice for one year.

Section 2. Section five of chapter two of the acts Repeal,
of the year eighteen hundred and fifty-seven, in so far as
it relates to assistant assessors in New Bedford, and all
acts and parts of acts, in so far as they are inconsistent
herewith, are hereby repealed.

Section 3. This act shall not take effect unless ac- when to take
cepted by the inhabitants of New Bedford at the next
annual municipal election. A2:>proved April 13, 1896.

An Act relative to public parks in the town of Arlington. (77^^/9.267
Be it enacted, etc. , as follows :

Section 1. The board of park commissioners of the May take cer-
town of Arlington, at any time within one year after the for park pur- '
passage of this act, may take and hold, by purchase or ^°^^^'
otherwise, any and all such real estate and lands not ex-
ceeding thirty acres in extent as said board may deem
advisaljle within that part of said town which is bounded
by Spring street on the southwest, Highland avenue on
the northwest. Gray street and the extension thereof to
Highland avenue on the northeast, and Pleasant street on
the southeast ; and also any and all such real estate and
lands not exceeding ten acres in extent as said board may
deem advisable within that part of said town which is
bounded on the southeast by Medford street from Chest-
nut street to Mt. Pleasant cemetery, and by said cemetery
and other land of said town, on the east and northeast

212

Acts, 1896. — Chap. 267.

Description of
lunds, etc., to be
recorded.

Fee of land to
vest in town,
etc.

Real estate
benefited may
be assessed
proportional
share of cost,
etc.

])y lower Mystic pond and by land of Niles, on the north-
west l)y Mystic and Chestnut streets from land of Niles
to said Medford street, and may lay out, maintain and
improve the same as a public park or parks.

Section 2. Said lioard shall, within sixty days after
the taking of any lands and real estate as aforesaid under
this act, otherwise than hy purchase or gift, file and cause
to be recorded in the registry of deeds of the southern
district of the county of Middlesex a description thereof
sufficiently accurate for identification, with a statement
of the purpose for which the same were taken.

Section 3. Said lioard shall estimate and determine
all damages sustained by any person l)y the taking of land
or by other acts of said board in the execution of the
})ower vested in it l)y this act ; ])ut a person aggrieved
by any such determination of said board may have his
damages assessed by a jury of the superior court in the
same manner as is provided by law with respect to dam-
ages sustained hy reason of the laying out of ways. If
upon trial damages are increased beyond the award the
party in whose favor the award was made shall recover
his costs ; otherwise he shall pay costs, and the costs
shall be taxed as in civil cases.

Section 4. The fee of any land taken or purchased
1)y said l)oard for a park under this act shall vest in said
town of Arlington ; and said town shall be liable to pay
all damages assessed or determined as provided in the
preceding section and all costs and expenses incurred by
said board of park commissioners in the execution of the
})owers vested in said board by this act.

Section 5. At any time within two years after any
land is taken or purchased for a park or parks under this
act said board of })ark commissioners, if in its opinion
any real estate in said town receives any benefit and ad-
vantage from such taking or purchasing, or from the
locating or laying out of a park or parks under this act
beyond the general advantage to all real estate in said
town, may adjudge and determine the value of such
benefit and advantage to any such real estate, and may
assess upon the same a proportional share of the cost
of land so purchased or taken and of the expense of lay-
ing out, grading and making such park or parks ; but in
no case shall the assessment exceed one half of the amount
of such adjudged benefit and advantage. Said real estate

Acts, 1896. — Chap. 267. 213

subject to such assessment may include the remainder of
the land of which a part is taken for said pul)lic park or
parks, and real estate which does not abut upon the park,
from the laying out of which the betterments accrue, or
upon a street or way bounded upon said park.

Section 6. Assessments made under the preceding AssesamentB to

,• 1 11 i-j_ j_ T j^i 1 j^ X constitute a lien

■ection shall constitute a lien upon the real estate so upon real estate,
assessed and shall be collected and enforced with the ®"^'
same rights to owners to surrender their estates, and the
same proceedings thereupon and with the same rights of
and proceedings upon appeal, as are provided l)y chapter
fifty-one of the Public Statutes,

Section 7. For the purpose of defraying the expenses Arlington Park
incurred under the provisions of this act or under the
provisions of chapter one hundred and fifty-four of the
acts of the year eighteen hundred and eighty-two the
l)oard of selectmen of the town of Arlington shall have
authority to issue from time to time, in excess of the
limit allowed by law, scrip or bonds, to be denominated
on the fiice thereof, Arlington Park Loan, to the amount
of fifteen thousand dollars, and to a further amount not
exceeding the sums hereafter appropriated by said town
for the purchase or taking of lands for a park or parks,
l)earing interest at a rate not exceeding four per centum
per annum, payable semi-annually, the principal to be
payable at periods of not more than fifty years from the
issuing of such scrip or bonds respectively. Said board
of selectmen may sell the same from time to time or
pledge the same for money borrowed for the above pur-
poses ; but the same shall not be sold or pledged for less
than the par value. For the redemption of said loan said sinking fund.
town at its next annual meeting or at any special meeting
called for the purpose during the current year shall estab-
lish a sinking fund sufficient with the accumulating inter-
est to provide for the payment of such loan at maturity.
All premiums received on the sale of said bonds and
scrip and all amounts received for betterments shall be
paid into such sinking fund, until such fund shall amount
to a sum sufiicient with its accumulations to pay at ma-
turity the bonds for the security of which the fund was
established.

Sections. This act shall not be construed to limit P^rk commis-

ji p • 1 1 T /• 1 • • sioners may

the power or said board or park commissioners to take, take certain
in addition to the land herein specified, other lands in °

214 Acts, 1896. — Chaps. 268, 269.

said town for park purposes, in accordance with the pro-
visions of chapter one hundred and fifty-four of the acts
of the year eighteen hundred and eighty-two.
^^p^'^^- Section 9 . Chapter one hundred and thirteen of the

acts of the year eighteen hundred and ninety-six is hereljy
repealed.

Section 10. This act shall take effect upon its passage.

Ap2)roved April 13, 1896.

Chcip.2iQ8 -^N Act kelative to the taking of scallops.

Be it enacted, etc. , as folloivs :

i^^'s^rfst'/icte'd' Section 1. Whoever at any time l)etween the first
day of April and the first day of October shall take scal-
lops from any of the flats or waters of the state, or shall
buy or sell or have in his possession any scallops, shall
be punished by a fine of not less than twenty dollars nor
more than fifty dollars for each oflence.

Taking of seed Section 2. Tlic taking of seed scallops from any of

scallops pro- in p . ^ . *

hibited, etc. tlic flats or watcrs of the state is hereby prohibited, and
w^hoever shall be convicted of taking such scallops shall
he punished by a fine of not less than twenty dollars nor
more than fifty dollars, but a person taking such scallop
and immediately returning it alive to the flat or waters
from which it was taken shall not be subject to such
penalty.

^''P'^*'- Section 3. Chapter ninety-six of the acts of the year

eighteen hundred and eighty-seven is hereby repealed.

Ajiproved April 13, 1896.

(7/itt».269 ^^ -^^^ RELATIVE TO THE ISSUE OF NOTES, BONDS AND SCRIP BY

CITIES AND TOWNS.

Be it enacted, etc. , as folloivs :

amended ^^' Section 1. Scctiou oue of chapter one hundred and

twenty-nine of the acts of the year eighteen hundred and
eighty-four is hereby amended l)y inserting in the third
line, after the word "Statutes", the words : — or under
other existing provisions of law, — by inserting in the
ninth line, after the word "twenty-nine ", the words : —
or acts in amendment thereof or in addition thereto, —
and by striking out in the tenth and eleventh lines, the
w^ords " at a rate not exceeding six per cent, per annum ",
and inserting in place thereof the words : — at such rate

Acts, 1896. — Chap. 270. 215

as it may deem proper, — so that said section as amended
shall read as follows: — Section 1. Any city or town issue of notes,
which has already incurred or shall hereafter incur a del)t by cities and ^
under the provisions of chapter twenty-nine of the Pul)lic *°^°^-
Statutes, or under other existing- provisions of law, may
issue notes, bonds or scrip therefor, properly denominated
on the face thereof, and signed hy its treasurer and coun-
tersigned in case of a city by its mayor, and in case of a
town by a majority of its l)oard of selectmen, and within
the limitations as to amount and time of payment pre-
scribed in said chapter twenty-nine or acts in amendment
thereof or in addition thereto, with interest payal)le semi-
annually at such rate as it may deem proper ; and may Notes, etc.,
sell said notes, bonds or scrip at public or private sale, pubiicorprivate
or use the same in payment of such debts upon such
terms and conditions as it may deem proper, provided
that said notes, bonds and scrip shall not be sold at less
than par.

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

Approved April 13, 1896.

sale, etc.

Chap.270

An Act relative to the admission of mutual fire insurance
companies to transact business in this commonwealth.

Be it enacted, etc., as foUoivs :

Section 1. The second paragraph of section seventy- i894, 522, § 78,
eight of chapter five hundred and twenty-two of the acts '*™'^° '^
of the year eighteen hundred and ninety-four is hereliy
amended by inserting in the tenth line, after the word
" plan ", the following words : — or that it possesses net
cash assets of not less than one hundred thousand dollars
or net cash assets of not less than fifty thousand dollars,
with also invested assets of not less than one hundred
thousand dollars and, in each case, with additional con-
tingent assets of not less than three hundred thousand
dollars, and, — so that said paragraph as amended will
read as follows : — Second, It shall satisfy the insurance certain mutual
commissioner that it is fully and legally organized under compaui'esTo''
the laws of its state or government to do the business it gfo!fe?th*nTthly
proposes to transact; that it has, if a stock company, a "''.-Infrelf with
fully paid up and unimpaired capital, exclusive of stock- sufficient capi.
holders' obligations of any description, of an* amount not
less than is required of similar companies formed under
the provisions of this act, and, if a mutual company,

216 Acts, 1896. — Chap. 271.

other than life, that it has net cash assets equal to the
capital required of like companies on the stock plan ; or
tlrat it possesses net cash assets of not less than one hun-
dred thousand dollars or net cash assets of not less than
fifty thousand dollars, with also invested assets of not
less than one hundred thousand dollars and, in each case,
with additional contingent assets of not less than three
hundred thousand dollars, and that such capital or net
assets are ' well invested and immediately available for
the payment of losses in this Commonwealth ; and that
it insures on any single hazard a sum no larger than one
tenth of its net assets.

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

Approved Ap)ril 13, 1896.

Chan 271 ^^ ■^^'^ '^^ authorize the city of BEVERLY TO INCUR INDEBTED-
NESS BEYOND THE LIMIT FIXED BY LAW, FOR PARK PURPOSES.

Be it enacted, etc. , as folloivs :
Beverly Park SECTION 1. Tlic city of Bcvcrly, for the purpose of

1896.' ac(|uiring land for park purposes and for defraying the

cost and expenses of constructing parks, is hereby
authorized to issue from time to time notes, bonds or
scrip, to an amount not exceeding fifty thousand dollars,
to be denominated on the foce thereof, Beverly Park
Loan, Act of 1896, bearing interest at a rate not exceed-
ing five per cent, per annum, payable semi-annually, the
principal to be payable at periods of not more than thirty
years from the date of issuing such bonds, notes or scrip
respectively. Said city may sell said bonds, notes or
scrip, or any part thereof, at pul)lic or private sale,
provided that the same shall not be sold for less than the
par value thereof.
Payment of SECTION 2. Said bouds shall be so issued that a pro-

loan, etc. . /.iii • iini

portionate part oi the whole amount issued shall l)ecoine
due on the first day of July in the year eighteen hundred
and ninety-seven, and thereafter a like proportionate
amount shall become due each succeeding year, until the
whole debt is extinguished. Said city shall, at the time
of authorizing said loan, provide for the payment thereof
in such annual payments as will extinguish the same
within the time prescribed in this act ; and when such
proportionate amount to be paid each year shall be so

Acts, 1896. — Chap. 272. 217

fixed the amount required thereby shall be assessed by
the assessors of said city in each year thereafter until the
debt incurred by the city for park purposes shall l)e ex-
tinguished, in the same manner as other taxes are assessed
under the provisions of section thirty-four of chapter
eleven of the Public Statutes.

Sections. When authorized by the city council of issue and aaie

/• 1 1 1 r> I .of bonds, etc.

said City, and on the request oi the l)oard of park commis-
sioners, approved by the mayor, said bonds or certifi-
cates, to the amount requested, may be issued or sold
and the proceeds thereof retained in the treasury of said
city, and the cost and expenses incurred for the purposes
aforesaid may be paid therefrom, subject to the provisions
of chapter one hundred and fifty-four of the acts of the
year eighteen hundred and eighty-two authorizing and'
regulating such expenditures.

Section 4. The debt and loan authorized by this act Not to be
shall not be reckoned in determining the authorized limit deteimining
of indelitedness of said city under the provisions of
section four of chapter twenty-nine of the Public Statutes
and acts amendatory thereof and in addition thereto.

Section 5. This act shall take effect upon its passage, when to take
l)ut no expenditure shall l)e made and no lial)ility incurred
under the same unless this act shall first l^e accepted by a
vote of two thirds of all the members of each branch of
the city council of Beverly, ^vithin one year from the
date of its passage. Approved April 13, 1896.

Chap.272

An Act to prevent the sale of adulterated spirituous
intoxicating liquor.

Be it enacted, etc., as folloivs :

Section nine of chapter one hundred of the Public p. s.ioo, §9,
Statutes is hereliy amended by striking out all of the ''™®°'**'''-
third clause and inserting in place thereof the following :
— Third, That no spirituous or intoxicating liquor shall conditions of

' 1 01 liceiiBt's for sale

l)e sold, exchanged or delivered, or exposed, offered or of intoxicating
kept for sale, exchange or delivery, upon the premises
described in any license, except such as is of good
standard quality, and such as is free from any adultera-
tion prohibited in the Pharmacopeia of the United States,
and under the several acts relating to adulteration of food
and drugs, for either a food or a drug. Aud if marked.

218 Acts, 1896. — Chaps. 273, 274.

labeled or represented as being the product of any foreign
country it shall also be of the standard quality required
for its legal sale for domestic use in the country of its
reputed production. All such liquors as are sold, ex-
changed or delivered, or which are exposed or kept for
sale, exchange or delivery, under a license of the sixth
class, shall be of the quality required for their sale as
drugs under the provision of the acts relating to the
adulteration of food and drugs.

Approved April 13, 1896.

QJia7).27S ^^ ^^'^ '^^ AUTHORIZE THE CITY OF BOSTON TO GRANT A PENSION
TO JOHN ROGERS FORMERLY A POLICE OFFICER OF SAID CITY.

Be it enacted, etc., as follows :

S venZT Section 1 . The board of police for the city of Boston ,
John Rogers, ^,j^]^ i]^q approval of the mayor, may retire from the
position of constable of the municipal court of the South
Boston district of said city and place upon the pension
roll of the police department, John Rogers, who was
injured while in the discharge of his duty as a member
of said department. The said Rogers shall be retired in
the same manner and under the same restrictions, and shall
receive a similar pension, as if he were at the time of
retirement an officer of the regular police force of said
city receiving the pay which he received on the first day
of January of the current year.
When to take Section 2. This act shall take effect when accepted

l)y the city council of the city of Boston with the
approval of the mayor. Ax)proved April 13, 1896.

QJiar>.2i74: ^^ ^^'^ '^^ AUTHORIZE THE BOURNE IMPROVEMENT ASSOCIATION
TO HOLD REAL ESTATE FOR THE BENEFIT OF THE PUBLIC.

Be it enacted, etc. , as folloivs :
The Bourne SECTION 1. The Boume Improvement Association, a

Improvement _ , i i i <? i

AsHociationmay corporatioii Organized under the general laws of the
' Commonwealth, is hereby authorized and empowered to
hold such real estate in the town of Bourne as it may
acquire by gift or purchase, for public reservations and
other general public objects for the improvement of said
town of Bourne.

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

Appi'oved April 13, 1896.

Acts, 1896. — Chaps. 275, 276, 277. 219

An Act relative to the water supply of the reformatory QJidYy 275

PRISON FOR WOMEN.

Be it enacted^ etc., as foUoios :

Section 1. Section three of chapter three hundred i^^^^^^- 5 3.
and seventy of the acts of the year eighteen hundred and
eighty-eight is hereby amended by striking out all of said
section and inserting in place thereof the following : —
Section 3. The superintendent of the reformatory prison Protection of
for women, with the approval of the commissioners of Jlforaatory^°
prisons, may appoint a watchman to protect the waters of ^omen!'"^
said pond ; and in the performance of his duties under this
act said watchman shall have the powers of the district police.

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

Approved Apjril 13, 1896.

Chap.276

An Act to restrict the use of tuberculin.

Be it enacted, etc., as folloios :

Section fourteen of chapter four hundred and ninety- isgs, 496, § u,
six of the acts of the year eighteen hundred and ninety-
five is hereby amended by striking out in the first and
second lines, the words " eighteen hundred and ninety-
six", and inserting in place thereof the words: — eight-
een hundred and ninety-seven, — so that the section as
amended will read as follows : — Section 14. Until June Use of tuber-

,. ..T. 1 TT -I • I ,^ /»ii culin restricted.

first eighteen hundred and ninety-seven the use ot tuber-
culin as a diagnostic agent for the detection of the disease
known as tuberculosis in domestic animals shall be re-
stricted to cattle brought into the Commonwealth from
any point without its limits, and to all cattle held in
quarantine at Brighton, Watertown and Somerville : pro- Proviso.
vided, however, that tu])erculin may be used as such diag-
nostic agent on any animal or animals in any other portion
of the state upon the consent in writing of the owner or
person in possession thereof, and upon any animals con-
demned as tuberculous upon ph^^sical examination liy a
competent veterinarian. Approved April 13, 1896.

An Act relative to loans by co-operative banks. Chan 277

Be it enacted, etc., as follows. •

Section 1. Section ten of chapter one hundred and ^z s- ^^'^' § ^°>

1 etc., amended.

seventeen ot the Puljlic Statutes, as amended by section

220

Acts, 1896. — Chap. 278.

Loans by

co-operative

baDka.

Investment of
unsold money,
etc.

one of chapter seventy-eight of the acts of the year
eighteen hundred and ninety, is hereby amended by
striking out all of said section and inserting in place
thereof the following : — Section 10. The moneys ac-
cumulated, after due allowance for all necessary expenses
and the cancellation of shares, shall at each stated monthly
meeting l)e oft'ered to the meml)ers according to the pre-
miums bid by them for priority of right to a loan. Each
member whose bid is accepted shall be entitled upon giv-
ing proper security to receive a loan of two hundred dol-
lars for each unpledged share held by him, or such frac-
tional part of two hundred dollars as the by-laws may
allow. If any money so offered for sale remains unsold
the directors may invest the same in any of the securi-
ties named in the second clause of section twenty-one of
chapter three hundred and seventeen of the acts of the
year eighteen hundred and ninety-four, or may loan the
same upon first mortgages of real estate situated in this
Commonwealth, upon the conditions imposed upon co-
operative l)anks, or may loan the same upon the shares
of the bank in sums not exceeding their value at the
adjustment next preceding the time of the loan, provided
that the loans in either case shall be at the highest rate
at the next preceding monthly sale of moneys, and
further provided that in either case a note shall be given
as required by section thirteen of chapter one hundred
and seventeen of the Public Statutes.

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

Approved April 13, 1896.

Chap.

May take cer-
tain waters,
lands, etc.

278 ^^ -A.CT TO PROVIDE AN ADDITIONAL WATER SUPPLY FOR THE CITY

OF PITTSFIELI).

Be it enacted^ etc. , as follows :

Section 1. The city of Pittsficld is hereby authorized
by and through the agency of its l)oard of public works,
to take the waters of Smith brook and of Maj^ brook, in
said city and in the town of Hancock, and the waters
which flow into and from said brooks, and to convey the
same to, into and through said city, for the purpose of
furnishing an additional supply of water for said city and
for public purposes ; and for this purpose to take, l)y pur-
chase or otherwise, any lands on or around said l)rooks,
and any waters and water rights connected therewith, and

Acts, 1896. — Chap. 278. 221

to build and maintain all necessary dams and reservoirs,
and to lay and maintain all necessary pipes, conduits
and ditches to connect the same with its present water
works.

Section 2. Said city shall pay all damages sustained damages.
by any person or corporation in property by reason of
such taking, and any person or corporation sustaining
damages as aforesaid, who fails to agree with the board
of public works of said city as to the amount of damages
sustained, may have the damages assessed and determined
in the manner provided by law when land is taken for the
laying out of highways, on application at any time within
the period of two years from the taking of such land or
other property.

Section 3. The provisions of section nine of chapter isss. 210, § 9, to
two hundred and ten of the acts of the year eighteen hun-
dred and fifty-two shall, so far as the same are applicaljle,
api)ly to all water taken and to all structures made and
property acquired or taken by said city under this act ;
and all the rights, privileges and remedies therein con-
ferred upon the Pittsfield Fire District shall vest in and
be exercised and enjoyed by the city of Pittsfield.

Section 4. The said city may for the purpose of pay- Pittsiieid water
ing the necessary expenses and liabilities incurred under i896.'"
the provisions of this act incur indebtedness from time
to time to an amount not exceeding one hundred thousand
dollars, and may issue bonds, notes or scrip therefor.
Such bonds, notes or scrip shall bear on the face thereof
the words, Pittsfield Water Loan, Act of 1896, shall be
payal)le at the expiration of periods not exceeding thirty
years from the date of issue, and shall l)ear interest pay-
able semi-annually at a rate not exceeding six per cent,
per annum. Said city shall provide that at least four
thousand dollars shall be due and payable upon the prin-
cipal of said indebtedness each year. The said city may
authorize temporary loans to he made by its mayor and
treasurer in anticipation of the issue of bonds, notes and
scrip hereby authorized, or in anticipation of the pay-
ments to be made.

Section 5 . The city council of said city may by vote Payment of
determine that the principal and interest of any l)onds
issued under the provisions of the preceding section shall
l)e payable in gold coin equal to present value in fineness
and weight.

222 Acts, 1896. — Chap. 279.

When to take Section 6. TMs act sliall not take effect until ac-
cepted by a two thirds vote of all the members of each
branch of the city council of said city, taken hy yeas and
nays and approved by the mayor of said city.

Approved April 14, 1896.

Chcf,7).^7Q An Act relative to the burial of deceased indigent soldiers,
SAILORS OR marines WHO served in the ariiy or navy of
the united states during the war of the rebellion, and
to the burial of their wives and widows.

Be it enacted, etc. , as follows :

^"•■'"j ?f '!*■- , Section 1 . It shall be the duty of the mayor of each

ceased indigent . /.i i r>i f i y^

soldiers, etc. city and of the selectmen of each town of the Common-
wealth to designate some suitable person or persons as a
burial agent, who shall serve without compensation, and
shall be other than the overseers of the poor or those
employed by them, whose duty it shall be, under regula-
tions established by the commissioners of state aid, to
cause to lie properly interred the body of any honorably
discharged soldier, sailor or marine who served in the
army or navy of the United States during the war of the
rebellion, between the years eighteen hundred sixty-one
and eighteen hundred sixty-five, and the wives and
widows of the same in case such soldier, sailor or marine
or such wives or widows die without leaving sufficient

Proviso. means to defray funeral expenses : provided, however,

that no wife or widow of any soldier, sailor or marine
above-described shall be eligible to receive the benefits
of this act unless she was married to him prior to his
final discharge from the service aforesaid. Where an
interment has taken place without the knowledge of the
burial agent application may be made to him within one
week from the date of death, and if upon investigation he
shall find that the deceased was eligible under the law
and the rules of the commissioners of state aid to receive
the benefits of this act he may make return of the same
in the manner prescribed for other cases.

Txpenri.et^*^' Sectiox 2. The expense of such burial shall not
exceed the sum of thirty-five dollars. Such burial shall
not be made in any cemetery or burial ground used
exclusively for the burial of the pauper dead, or in that
portion of any burial ground so used. In case relatives
of the deceased who are unable to bear the expense of

Acts, 1896. — Chap. 280. 223

])urial desire to conduct the funeral, they may be allowed
to do so, and the expense shall be paid as herein pro-
vided. AVhen any sum shall have been expended under certain details
and according to this act the full amount so expended, commiBsionerB
the name of the deceased soldier, sailor or marine, the ° ^'''*®''' •
name of the regiment, company or vessel in which he
served, the date of death, place of interment, and in case
of a w ife or widow the name of the husband and date of
marriage, with such other details as the commissioners
of state aid may require, shall be certified under oath to
said commissioners, in such manner as may be approved
by them, by the burial agent and treasurer of the city or
town expending the same, within ninety days after the
Imrial ; and said commissioners shall examine the certifi-
cates thus returned and allow and endorse upon the same
such sums as in their judgment have been paid and re-
ported according to this act, and transmit the same to
the auditor. The sums legally paid as aforesaid and so cuies and towns

• . . .to be reim-

allowed and endorsed by said commissioners, but with bursed.
no expense for the disbursement of the same, shall be
reimbursed from the treasury of the Commonwealth to
the several cities and# towns which have expended the
same, on or before the first day of December in the year
next after the year in which the expenditures have Ijeen
made.

Section 3. Chapter three hundred and ninety-five Repeal,
of the acts of the year eighteen hundred and eighty-nine,
chapter one hundred and eighty-four of the acts of the
year eighteen hundred and ninety-two, and chapter sixty-
two of the acts of the year eighteen hundred and ninety-
four are hereby repealed. Apjyroved April 14, 1896.

Chap.280

An Act relative to temporary loans by fire districts.

Be it enacted, etc., as follows :

Section 1 . Fire districts may by ordinary vote incur Fire districts
debts for temporary loans in anticipation of the taxes of ^?^temp"o'rary *
the municipal year in which such debts are incurred, and *"^°^'
in anticipation of receipts from water rates due in such
year, and expressly made payable from such taxes and
water rates by vote of the fire district.

Section 2. This act shall take cfiect upon its i)assage.

Approved April 14, 1896.

224 Acts, 1896. — Chap. 281.

CTlClT>.^S\ ^^ ^*^^ RELATIVE TO A WATER SUPPLY FOR FIRE DISTRICT NUM-

15ER ONE IN GREENFIELD.

Be it enacted^ etc., as follows :
Taking ofiands, Section 1. Fire District Number One in the town of

water rignte,

etc- Greenfield may exercise the rights, powers and authority

given to it by chapter three hundred and thirty-five of tlie
acts of the year eighteen hundred and ninety-five, entitled
"An Act to authorize Fire District Number One in
Greenfield to increase its water supply", subject to the
duties, liabilities and restrictions therein and herein con-
tained, for the purpose of taking lands, rights of way,
water rights, water sources or easements, parcel of or
appurtenant to land of the inhabitants of the town of
Greenfield known as the Town Farm, and situated in
said Greenfield, at any time within ninety days after the
passage of this act, in the same manner as, and with the
same efiect as, if no entry upon and occupation of said
lands, rights of way, water rights, water sources or ease-
ments had been heretofore made by said fire district.

DoBcription of Section 2. Said fire district ehall, within sixty days

lancls, etc., , , . . t/ ./

to be recorded, alter the taking of any lands, rights of way, water
sources or easements as aforesaid, file and cause to be
recorded in the registry of deeds for the county of
Franklin a description thereof sufiiciently accurate for
identification, with a statement of the purpose for which
the same were taken, signed by the chairman of the
prudential committee of said fire district.

Certain acts of Section3. Froui and after such time as said fire

fire district con- -.. ini n i •• j«i-

firmed, etc. district shall liave taken, under the provisions or this
act, lands, rights of way, water rights, water sources or
easements, and shall have filed and caused to be recorded
a description thereof and statement as hereinbefore pro-
vided, such taking shall l)e deemod to be, and shall be,
valid to all intents and purposes, as if the same had l)een
done in the manner and within the time prescribed in
chapter three hundred and thirty-five of the acts of the
year eighteen hundred and ninety-five ; and for that
purpose and to that extent all acts of said fire district,
its officers, committees and agents, hereinbefore done
in entering upon and occupying- lands, rights of way,
water rights, water sources and easements, parcel of
or appurtenant to land of the inhabitants of the town

Acts, 1896. — Chap. 282. 225

of Greenfield known as the Town Farm, situated in said
Greenfield, for the purposes authorized by said chapter
three hundred and thirty-five of the acts of the year
eighteen hundred and ninety-five, are hereby ratified and
confirmed : provided, however, that this act shall not be Proviso.
construed so as to deprive said inhabitants of the town
of Greenfield or any person of any existing remedy at
law, in equity, or under said chapter three hundred and
thirty-five, for damages sustained in consequence of acts
heretofore done as aforesaid by said district, its oflicers,
committees or agents.

Section 4. Said fire district shall exercise the rights. Rights, powers,
powers and authority given l)y this act, suljject to the
duties, liabilities and restrictions herein contained, in
such manner and by such agents and officers as said dis-
trict shall from time to time determine.

Section 5. The powers specified in this act shall l)e Additional
held to be in addition to all powers heretofore granted to p"^*^"-
said fire district.

Section 6. This act shall take efliect upon its passage.

Apinoved April 14, 1896.

Ak Act relative to the construction of a system of sewer- (JJiaj) 982

AGE for the town OF ARLINGTON.

Be it enacted, etc., as follows :

Section 1. The vote of the town of Arlino-ton, passed certain proceed-

, ,, T 1' T 1 • 1 • 1 i T 1 *"^^ ° town or

on the first day oi July m the year eighteen hundred and Arlington, etc.,
ninety-five, adopting a system of sewerage for a part of
the town, and fixing, at the rates hereinafter stated, the
assessment or charge to be paid by the abutters and the
town, and the action of the board of sewer commissioners
in taking lands for the purpose of constructing and es-
tablishing said system, and of laying, making and main-
taining conimon sewers, and the vote of the town passed
on the nineteenth day of September in the year eighteen
hundred and ninety-five, accepting and allowing said tak-
ings, and also the vote of the town passed on the four-
teenth day of November in the year eighteen hundred
and ninety-five, adopting a system of sewerage for the
remainder of said town, are hereby ratified and confirmed,
and said board of sewer commissioners are hereby au- May construct
thorized to construct, maintain and operate such systems ^sT^cT^^^^''
of sewerage and sewage disposal, and to lay, make and .

226 Acts, 1896. — Chap. 282.

maintain such common sewers, as said board may from
time to time deem necessary for the purpose of disposing
of its sewage through tlie metropolitan sewer, as pro-
vided by chapter four hundred and tliirty-nine of the
acts of the year eighteen hundred and eighty-nine, in-
chiding sewage from the whole or any part of the town
of Lexington, in case said town of Lexington contracts
therefor ; said board may also construct, maintain and
operate such works as they may deem necessary in con-
May lay main nectiou with Said systems ; and said board, for the pur-
rains.ec. ^q^q q^ providing better surface or other drainage for
any part or parts of said town, guarding against pollu-
tion of waters, and otherwise protecting the public health,
may lay, make and maintain such main drains as they
deem best, may deepen, widen and clear of obstructions
any ])rook, stream or water course within the limits of
said town, and straighten, alter or divert the courses or
channels thereof.
May take lands, Section 2. Said board of scwcr commissioners, act-
etc. ' ing in behalf of said town, shall have full power to take

from time to time, by purchase or otherwise, any lands,
water rights, rights of w^ay or easements in said town,
public or private, of any persons or corporations, neces-
sary for constructing, maintaining and operating such
system or systems of sewerage and sewage disposal, for
laying, making and maintaining common sewers and
main drains, or for any of the purposes mentioned in
section one ; and may construct such sewers and drains
under or over any water course, bridge, railroad, street,
highway or other way, in such manner as not unneces-
May dig up sarily to obstruct the same ; and may enter u})on and dig

private land, etc. • i i t i_ a. i?j.l X"

up any private land, street or way tor the purpose oi
constructing said systems, laying such sewers and drains,
and maintaining and repairing the same ; and may do any
other thing necessary or proper in carrying out the pur-
poses of this act.
Description of SECTION 3. When lands, water rights, rights of way

lands, etc., to be iii

recorded. or eascments are so taken, m any other manner than by

purchase or agreement, said board of commissioners shall
within thirty days of said taking cause to be- recorded in
the registry of deeds for the county of Middlesex, south-
ern district, a description of the same as certain as is
required m a conveyance of land, with a statement of
the i)urpose for which the same are taken, signed by a

Acts, 1896. — Chap. 282. 227

majority of said board ; and the fee in the lands, rights
of way or easements so taken or purchased shall vest in
said town of Arlington. All damages which shall bo Damages.
sustained by any person or corporation by reason of
such taking, or through any action of said l)oard under
this act, shall be paid by said town. If the damages are
not agreed upon a jury in the superior court of said
county may be had to determine the same, in the same
manner as in case of lands taken for highways ; liut in
the case of a taking no suit shall be l^rought aftpr two
years from the date of the recording of such taking as
herein required. All takings made in substantially the Form for taking
following form shall be valid : — " The board of sewer °
commissioners for the town of Arlington, in the Com-
monwealth of Massachusetts, acting herein under the
authority given by chapter of the acts of the year

, hereby take for and in behalf of said town, and
for the purpose of (constructing and operating a system
of sewers and sewage disposal) or of (laying, making and
maintaining a main drain or a common sewer) or of (here
state any of the purposes for which takings may be made)
a certain parcel of land situated in said Arling-
ton, bounded as follows (here give the description with
as much accuracy as is needed in an ordinary conveyance
of land) said premises being owned or supposed to be
owned by of in the state of ; also

the following described rights of way or ease-
ments in said town (here descril)e the rights or easements
taken, and also describe sufficiently for their identilication
the premises over or through which said rights or ease-
ments are taken, and state the ownership or supposed
ownership of said premises)."

Section 4. In every case of a petition for the assess- Town may offer
ment of damages or for a jury said town of Arlington L^daraagee^Tc.
may at any time file an offer in writing, with the other
papers in the case, to pay the petitioner a sum therein
specified as damages ; and if he does not accept the same
within ten days after notice of such offer, and does not
finally recover a greater sum than that offered, not in-
cluding interest from the date of the ofler on the sum so
recovered, the town shall recover costs from said date ;
and if the petitioner does not recover damages in a
greater sum than that allowed as aforesaid he shall be
entitled to costs only to the date of the offer.

228

Acts, 1896. — Chap. 282.

Apportionment
of expense, etc.

Payment, etc.,
of asaessmenta.

Section 5. The owners of estates benefited and abut-
ting on streets or ways, public or private, in which sewers
have been laid or shall hereafter Ije laid, under said votes
or under the provisions of this act, shall pay to said town
towards defraying the cost of such sewers, systems of
sewerage and scAvage disposal an assessment or charge
as follows : Twenty-eight cents per running foot frontage
on the street or way on which a sewer is constructed,
and fifty-two one hundredths of a cent per square foot
area within a depth of one hundred feet from the line
of such street or way, the area of corner lots l)eing
measured to the line bisecting the angle formed Ijy the
streets ; but no estate shall be deemed benefited unless
or until a sewer is constructed into which it can be
drained. The remainder of the cost of said system or
systems shall be borne by the town. No particular or
other sewer from any estate or part of an estate, not
already assessed or not liable to assessment or charge, as
provided above, shall be entered into a common sewer,
except upon the payment of such an assessment or charge,
and upon such other terms and conditions as the board of
sewer commissioners shall fix and determine.

Section 6. Upon the completion of a sewer in any
street or way, or portion of a street or way, pul)lic or
private, included within any systems now constructed or
hereafter to be constructed, and when the same is ready
for use, the board of sewer commissioners may file a
certificate with the town treasurer, designating the street
or way, or portion of the street or way, in which the
sewer has been completed, and setting forth the names
of the owners of the estates abutting and benefited, and
the amount of assessment or charge to be paid by each,
and referring to a plan on file in the town clerk's office,
or in such other office as the board shall determine, which
plan shall show the frontage, the area assessed, the name
of the owner and the amount of the assessment of each
estate abutting and lienefited on said street or way ; and
the treasurer shall forthwith, upon the receipt of such
certificate, make a demand in writing for the payment of
said assessments or charges, and every such owner shall
within three months after such demand is served on him
or on the occupants of his estate, or sent by mail to the
last address of said owner known to the town treas-
urer, pay the sum so assessed or charged, to the town

Acts, 1896. — Chap. 282. 229

treasurer : provided, that said board shall, on the written Provieos.
request of any such owner made within said three months,
apportion such assessment or charge into such number
of equal parts or instalments, not exceeding- ten, as said
owner shall state in such request, and they shall certify
such apportionment to the assessors ; interest from the
date of said apportionment at the rate of five per cent, per
annum shall be added to each of said assessments or
charges until they are paid, and one of said parts shall h&
added by the assessors to the annual tax on such estates
for each year next ensuing, until all said parts have been
so added, unless sooner paid, as hereinafter provided ;
and provided, further, that nothing herein contained shall
l)e construed to prevent the payment at any time in one
payment, notwithstanding its prior apportionment, of
any balance of said assessments or charges then remain-
ing unpaid ; Init interest on such l)alance at the rate of
live per cent, per annum shall be paid to the date of such
payment ; and thereupon the town treasurer shall receive
the same and shall certify such payment or payments to
the assessors, who shall preserve a record thereof.

Section 7. The assessment or charge under section AsBesBraent to
live shall constitute a lien upon the estate, which shall upon'eBtate/'e^t".
continue for three years after said certificate is made and
filed and demand is served as above-provided, or, in case
of apportionment, until the expiration of two years from
the time the last instalment is committed to the collector ;
and said assessment, together with interest at the rate of
five per cent, per annum, may, with incidental costs and
expenses, be levied by sale of such estate or so much
thereof as shall be suflicient to discharge the assessment
and interest and intervening charges ; if the assessment
is not paid within three months after service of said
notice, or, if apportioned, within three months after
any part has become due, such sale and all proceedings
connected therewith shall be conducted in the same
manner as sales for the non-payment of taxes ; and real
estate so sold may be redeemed the same as if sold
for the non-payment of taxes, and in the same manner, May be collected
such assessment or parts thereof may also lie collected contract""" °^
by an action of contract, in the name of the town of
Arlington, against the owner of said estate, brought at
any time within three years after the same has become
due.

230 Acts, 1896. — Chap. 282.

flgrCevld may SECTION 8. Aiij persoii aggrieved by such assessment
apply for a Diaj, at any time witiiin three months after service of the
demand mentioned in section six of this act, apply to
the superior court of said county for a jury to revise
the same ; but liefore making such application he shall
give fourteen days' notice in writing of his intention so
to do to the said commissioners, and shall therein par-
ticularly specify his objection to the assessment, to which
specification he shall be confined before the jury,
Arlington • SECTION 9. The tow^u of Arlington, for the purpose

Sewerage Loan ^ . ^, it i-i-x- • i

oi paying the necessary expenses and liabilities incurred
under this act for the construction, maintenance and
operation of a system or systems of sewerage and sewer
disposal and of other works in connection therewith, may
incur indel)tedness, and may issue from time to time, as
may be required therefor, bonds, notes or scrip to an
amount not exceeding one hundred thousand dollars out-
side the limit of indebtedness fixed l)y law for said town ;
and the provisions of section four of chapter twenty-nine
of the Pul)lic Statutes as amended by chapter three
hundred and twelve of the acts of the year eighteen
hundred and eighty-five shall not apply to any debt
created under the authority conferred hy this act. Such
bonds, notes or scrip shall bear on their face the words,
Arlington Sewerage Loan, shall be payable within such
periods, not exceeding forty years from the issuing of
such l)onds, notes or scrip, respectively, and bear inter-
est payable semi-annually at such rate, not exceeding
five per cent, per annum, as the board of selectmen of
said town may determine. The town of Arlington may
sell such securities or any part thereof from time to time
at public or private sale, or pledge the same for money
borrowed for the purposes of this act, provided that they
shall not he sold or pledged for less than the par value
thereof; and said town shall retain the proceeds thereof
in the treasury, and the treasurer shall pay therefrom the
expenses incurred for the purposes aforesaid ; but the
premiums, if any, received on the sale of such bonds,
notes or scrip shall be paid over to the board of sinking
fund commissioners and be placed in the sinking fund of
said town of Arlington created for the payment of the
loan herein authorized.
k.an'"etc'°^ SECTION 10. The Tcccipts fi'om assessments, pa}^-

ments in lieu thereof, and all other receipts under this

Acts, 1896. — Chap. 282. 231

act, shall be applied by the board of sewer commissioners Payment of
to the construction, maintenance and operation of said
system or systems of sewerage and sewage disposal,
except that said lioard may apply any portion of such
receipts to the payment of interest upon the bonds, notes
or scrip issued under the authority of this act, or into
the sinking fund which may he established for the pay-
ment and redemption of said bonds, notes and scrip, as
provided in section nine of chapter twenty-nine of the
Pul)lic Statutes, or to reimburse the town for payments
made by it for the construction, maintenance and opera-
tion of said metropolitan sewer. All further sums neces-
sary in any year to pay the interest on said bonds, notes
and scrip, and to meet the requirements of law as to said
sinking fund, shall be raised by said town by taxation, in
the same manner as money is apin-opriated and assessed
for other town purposes. Said sinking fund shall be used
for no other purposes than the payment and redemption
of said debt. Except as herein otherwise provided the p. s. 29, etc., to
provisions of chapter twenty-nine of the Public Statutes *^^ ^'
and chapter one hundred and twenty-nine of the acts of
the year eighteen hundred and eighty-four, so for as
applicable, shall apply to the issue of l)onds, notes and
scrip, and to the establishment of a sinking fund for the
payment thereof at maturity. The sinking funds of any
loan of said town of Arlington may 1)e invested in said
bonds, notes or scrip.

Section 11. Said board of commissioners may from Rules, regu-
time to time prescribe rules and regulations for the in- penalties.
spection of materials, construction, altei"ation or use of
all particular sewers entering into common sewers, and
may impose penalties, not exceeding twenty dollars, for
each violation of any such rule or regulation. Such rules
or regulations shall be published not less than once a
week for three successive weeks in such newspaper pub-
lished in the county of Middlesex as the board of sewer
commissioners shall order, and shall not take effect until
such publication has been made.

Section 12. The town of Arlington may contract with May contract
the town of Lexington for the use of the sewers of the fl,r use^'of"^'""
town of Arlington as an outlet for the sewage from the ^''''"'"' *""•
whole or any part of the town of Lexington into the met-
ropolitan sewer ; and if said towns cannot agree as to the
compensation to be paid for the use of said sewers by the

232 Acts, 1896. — Chap. 283.

town of Lexington in case of such use, said towns shall
su])mit tlie question of the amount of such compensation
to arbitration.
SdOTs°o^fTaw Section 13. All the provisions of chapter fifty of the
to apply. Public Statutes and of acts in amendment thereof or in

addition thereto, pertaining to sewers and drains, also of
chapter two hundred and forty-five of the acts of the
year eighteen hundred and ninety-two, so far as the
same are not inconsistent with this act, shall apply to
the town of Arlington, in carrying out the provisions of
this act.

Section 14. This act shall take effect upon its passage.

Api^'TOved April 14, 1896.

ChaV'^SS ^^ ■^^'^ ^^ AMEND THE CHARTER OF THE CITY OF LOWELL.

Be it enacted, etc., asfoJlotos:

fo"H°in°b^ard Section 1. All the powers vested by existing laws
of police. ii^ the mayor and aldermen or board of aldermen of the

city of Lowell, in relation to licensing, regulating and
restraining theatrical exhil)itions, pulilic shows and pul)lic
amusements, billiard tables, bowling alleys, auctioneers,
hawkers and peddlers, carriages, wagons and other vehi-
cles, intelligence offices, itinerant musicians, pawnbrokers,
dealers in secondhand articles and junk collectors and
dealers, and generally all the powers and authority of
said mayor and aldermen and said board of aldermen in
relation to the granting and revocation of licenses for
engaging in any and all of the above-mentioned trades
and occupations shall hereafter vest in and be exercised
by the board of police of said city of Lowell.
Force and effect Section 2. All liccnscs granted in pursuance of sec-
granted by tion one of this act by the board of police of the city of
poice. L^^gij gjjall have the same force and effect as similar
licenses heretofore granted by the mayor and aldermen
or board of aldermen of said city.
Granting of Section 3. All liccnscs granted by said board of

licenses, etc. • X • i i i i

police shall be signed by a majority of said board, and
a record thereof shall be kept by said ])oard, and all
duties in relation to said licenses which by the laws in
force prior to the passage of this act are required to be
jierformed by the city clerk of said city shall be per-
formed ])y the clerk of said board.

Acts, 1896. — Chaps. 284, 285. 233

Section 4. All fees received by said board for licenses Fees.
granted under the provisions of this act shall be turned
over to the treasurer of said city monthly.

Section 5. Nothing herein contained shall be con- Certain licenaes
strued to revoke any license heretofore granted l)y the force.
mayor and aldermen or board of aldermen of said city
under the provisions of any law in force prior to the
passage of this act.

Section 6. All acts and parts of acts inconsistent Repeal,
herewith are hereby repealed.

Approved April 14, 1896.

An Act relative to excavations, fillings and constructions QJift^ 284
in tide waters for the purposes of the public parks of "

the city of boston.

Be it enacted, etc., as foUoivs :

Section 1. All excavations, fillings and structures in Excavations,
the tide waters of the Commonwealth, to be made by the water". 'by*'city
city of Boston for the purposes of its public parks, and "^^o^^^"-
heretofore approved hy the board of harbor and land
commissioners, may be continued and carried out to the
extent of such approval, whether the time within which
they should have been completed has or has not expired.

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

Approved April 14, 1896.

Chap.285

An Act relative to the forfeiture of shares in co-opera-
tive banks.

Be it enacted, etc., as folloics :

Section 1. Section fifteen of chapter one hundred p-s-"V§ ^^•

^ ^ amended.

and seventeen of the Public Statutes is hereby amended
by striking out in the ninth line, the words "the first
default ", and inserting in place thereof the word : — for-
feiture, — also l\y striking out at the end of the section
the words " first default", and inserting in place thereof
the word : — forfeiture, — so as to read as follows : —
/Section 15. Members who make default in the payment Fines and for-

C ±A • .11 -I . . -, • Till /eiture of shares

oi tneir monthly dues, interest, and premiums, shall be in co-operative

charged a fine not exceeding two per cent, a month on

each dollar in arrears. Xo fines shall he charged after

the expiration of six months from the first lapse in any

such payment, nor upon a fine in arrears. The shares

of a member who continues in arrears more than six

234 Acts, 1896. — Chaps. 286, 287.

Fines and for- moiitlis sliall, at the optioii of the directors, if the mem-
in'oo^operLrve* bcr fails to pay the arrears within thirty days after notice,
banks. i^g declared forfeited, and the withdrawing vakie of the

shares at the time of forfeiture shall be ascertained, and,
after deducting all tines and other legal charges, the
balance remaining shall be transferred to an account to
be designated the "Forfeited Share Account" to the
credit of the defaulting member. Said member, if not
a borrower, shall be entitled upon thirty days' notice to
receive the balance so transferred without interest from
the time of the transfer, in the order of his turn, out of
the funds appropriated to the payment of withdrawals.
All shares so forfeited or transferred shall cease to par-
ticipate in any profits of the corporation accruing after
the last adjustment and valuation of shares before said
forfeiture.

To take effect Section 2. This act shall take eflfect Juuc first, eight-
June 1, 1896. 1 1 1 1 ■ • ' d

een hundred and nmety-six. Approved April 14, 1896.

Chan.28G -^^ ■^^'^ relative to the TRANSACTfON OF THE BUSINESS OF CO-
OPERATIVE BANKING BY FOREIGN CORPORATIONS.

Be it enacted, etc., as foUoivs :

repealed' ^ ^' Section 1 . Scction two of chapter three hundred and

ten of the acts of the year eighteen hundred and ninety

Proviso. jg hereby repealed : provided, however, that any associa-

tion or corporation which at the passage of this act is
duly licensed l)y the board of commissioners of savings
banks to transact business in this Commonwealth, under
the provisions of said section, may be allowed to continue
business, subject to all the conditions and restrictions of
such license and the provisions of said chapter three hun-
dred and ten as existing previous to the passage of this
act.

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

Approved April 14, 1896.

ChaV.^Sl -^^ Act to AUTHORIZE THE TOWN OF HYDE PARK TO CONSTRUCT
A SYSTEM OF SEWERAGE AND TO PROVIDE FOR THE PAYMENT
THEREFOR.

Be it enacted, etc., as follows :
May construct. Section 1. The towu of Hvde Park is hereby author-

etc., a system of ^ ^\ _ i'

sewerage, etc. izcd, through a l)oard of commissioners to be elected as
hereinafter provided, to lay out, construct, maintain and

Acts, 1896. — Chap. 287. 235

operate a system or systems of main drains and common
sewers for a part or for the whole of its territory, and
such connections and other works as may l)e required for
a system of sewage disposal for said town, to be con-
structed, maintained and operated in connection with the
main sewers and other works required to be constructed,
maintained and operated as provided by clia})ter four hun-
dred and six of the acts of the year eighteen hundred and
ninety-iive, or in connection with the sewerage system
of the city of Boston as hereinafter specitied and pro-
vided; and said board, for the purpose of providing May lay main
better surface or other drainage for any part or parts of '^^*°*'
said town, guarding against pollution of waters, and
otherwise protecting the public health, may lay, make
and maintain such main drains as they deem best, may
deepen, widen and clear of obstructions any l)rook,
stream or water course within the limits of said town,
and straighten, alter or divert the courses or channels
thereof.

Section 2. Said board shall consist of three commis- Sewer commis-
sioners, to be called the Board of Sewer Commissioners tion, terms, etc.
of the Town of Hyde Park, who shall l)e citizens and
residents in said town and shall be elected by ballot at
a special meeting or at an annual meeting of said town,
one commissioner to hold office for one year, one for two
years and one for three years, respectively, from the date
of the annual town meeting next succeeding the date of
his election or until his successor is elected and qualitied ;
and at each annual town meeting thereafter said town
shall elect one member of said board to serve for three
years or until his successor is elected and qualitied. If vacancy.
a vacancy shall occur in said board said town may, at a
meeting called for the purpose, elect a person duly quali-
tied to fill said vacancy.

Section 3. Said board of commissioners, acting for May take lands,
and in behalf of said town, shall have full power to take ^^^J^'^'' "^'''''•
by purchase or otherwise any lands, w^ater rights, rights
of way or easements in said town, public or private, of
any persons or corporations, necessary for the estal^lish-
ment of such systems of main drains and sewers and
sewage disposal, or for any of the purposes mentioned
in section one of this act, and may divert streams and ^r/a^raig up
water courses, and may construct such main drains and private iand,

J -^ etc.

sewers under or over any water course, bridge, railroad,

236

Acts, 1896. — Chap. 287.

DeBcription of
lands, etc., to be
recorded.

Damages.

Town may offer
a specified sum,
etc.

Apportionment
of expense,
payment of
assessments,
etc.

highway, boulevard or other way, and may enter upon
and dig up any private land, street or way, for the pur-
pose of laying such main drains and sewers beneath the
surface thereof, and of maintaining and repairing the
same, and may do any other thing necessary or proper
for the purposes of this act.

Section 4. Said board, in order to take any lands in
fee, water rights, rights of way or easements otherwise
than by purchase or agreement, shall cause to be recorded
in the registry of deeds for the county of Norfolk a state-
ment signed by a majority of said board, containing a
description thereof, as certain as is required in a con-
veyance of land, and specifying therein that the same
are taken under the authority of this act ; and upon such
recording the title in the lands, water rights, rights of
way or easements described in such statement shall vest
in said town of Hyde Park, which shall pay all damages
therefor. Said board at the time of such taking shall
notify the owners thereof in writing and may agree with
the person or corporation injured upon the damages sus-
tained by any such person or corporation, for any taking
of property or rights for the purposes aforesaid, and if
the damages are not agreed upon a jury in the superior
court for said county may be had, upon petition of the
aggrieved party, to determine the same, in the manner
provided by law for determining the damages to be paid
for land taken for highways ; but no suit or petition shall
be brought after two years from the date of the recording
of the taking as herein provided.

Section 5. In every case of a petition for the assess-
ment of damages or for a jury said town may at any time
file in the ofiice of the clerk of said court an offer in writ-
ing to pay the petitioner a sum therein specified as dam-
ages ; and if said petitioner does not accept the same
within ten days after notice of such offer, and does not
finally recover a sum greater than that offered, not in-
cluding interest from the date of offer on the sum so
recovered, the town shall recover costs from the date of
said notice, and the petitioner if he recover damages shall
l)e entitled to costs only to said date.

Section 6. The town of Hyde Park shall by vote
determine what proportion of the cost of said system or
systems of sewerage and sewage disposal said town shall
pay, provided that it shall not pay less than one third nor

Acts, 1896. — Chap. 287. 237

more than one half of the whole cost. The remainino; Apportionment
cost of said systems shall be borne by the owners of paym^nt^of
estates situated within the territory eml)raced by it and ^^^^«^'"''°*^'
benefited thereby, l)ut no estate shall be deemed to be
benefited unless or until a sewer is constructed into which
it can be drained. The owners of such estates shall be
assessed by said commissioners their proportional parts
respectively of such portion of the total cost of said
systems as is not borne by the town as al)ove-provided.
Such proportional parts shall be based upon the estimated
average cost of all the sewers composing said systems
and shall l)e assessed by a fixed uniform rate according
to the frontage of such estate on any street or way in
which a sewer is constructed, or according to the area
of such estate within a fixed depth from such street or
way, or according to ])oth frontage and area ; and every
such owner shall, within three months after written notice
of such assessment served on him or on the occupants of
his estate, or sent by mail to the last address of said owner
known to said commissioners, pay the sum so assessed to
the collector of taxes of said town : provided^ that said Proviaos.
board shall, on the written request of any such owner
made within said three months, apportion such assess-
ment into such number of ec^ual parts or instalments, not
exceeding five, as said owner shall state in such request ;
and said board shall certify such apportionment to the
assessors of said town, and one of said parts or instal-
ments, with interest from the date of said apportionment
at the rate of six per centum per annum shall be added
l^y the assessors to the annual tax on such estates for each
year next ensuing until all said parts have been so added,
unless sooner paid as hereinafter provided ; and^roy^VZecZ,
further^ that nothing herein contained shall be construed
to prevent the payment at any time in one payment, not-
withstanding its prior apportionment, of any balance of
said assessments then remaining unpaid, but interest on
such balance at the rate of six per centum per annum
shall be paid to the date of such payment ; and thereupon
the collector of taxes of said town shall receive the same
and shall certify such payment or payments to the as-
sessors, who shall preserve a record thereof. In cases
of corner lots and lots abutting on more than one sewered
street the same area shall not be assessed more than
once.

238 Acts, 1896. — Chap. 287.

ABseBementto SECTION 7. All assessHieiit made under section six

constitute a hen , i • i i 11

upon estate. shall Constitute a lien upon the estate, which shall con-
tinue for three years after it is made and notice served
as above-provided, or, in case of apportionment, until
the expiration of two years from the time the last instal-
ment is committed to the said collector of taxes ; and
said assessment, if not paid within three months after
service of said notice, or, if apportioned, within three
months after any part has become due, may, together
with interest thereon at the rate of six per centum per
annum, with incidental costs and expenses, be levied by
sale of such estate or so much thereof as shall be suffi-
cient to discharge the assessment and interest and inter-
vening charges ; such sale and all proceedings connected
therewith shall be conducted in the same manner as sales
for the non-payment of taxes ; and real estate so sold
may be redeemed the same as if sold for the non-pay-
May be collected ment of taxes, and in the same manner. Such assess-
contracu'"" " uicut or pai'ts thcrcof may also be collected by an action
of contract, in the name of the town of Hyde Park,
against the owner of said estate, brought at any time
within three years after the same has become due.
Persona SectionS. Ally pcrsoii aggrieved by sucli asscssmcut

apply for a'^ury. may, at aiiy time within three months after service of
the notice mentioned in section six of this act, apply to
the superior court of said county for a jury to revise the
same ; but before making such application he shall give
fourteen days' notice in writing of his intention so to do,
to the said commissioners, and shall therein particularly
specify his objection to the assessment, to which specifi-
cation he shall be confined before the jury.
Hyde Park Section9. The towu of Hyde Park, for the purpose

Sewerage Loan. .' t i •i- • • -i

of paying the necessary expenses and liabilities incurred
under this act, may incur indebtedness, and may issue
from time to time as may be required therefor, bonds,
notes or scrip to an amount not exceeding one hundred
and fifty thousand dollars ; and the debt and loan author-
ized l)y this act, and the notes, bonds or scrip issued
therefor, shall not be considered or reckoned in deter-
mining the authorized limit of indel)tedness of said town
under the provisions of section four of chapter twenty-
nine of the Public Statutes and of acts in amendment
thereof or in addition thereto. Such l)onds, notes or
scrip shall bear on their face the words, Hyde Park

Acts, 1896. — Chap. 287. 239

Sewerao-e Loan, shall be payable within periods not Hyde Park

» ' ^ XI • • £■ i ^ 1 Sewerage Loan.

exceeding forty years irom the issunig oi such bonds,
notes or scrip respectively, and shall bear interest pay-
able semi-annually at a rate not exceeding five per centum
per annum. Said bonds, notes or scrip shall be signed
by the treasurer of said town and shall be countersigned
by a majority of the selectmen. The said town may from
time to time sell such securities, or any part thereof, at
public or private sale, or pledge the same for money
1)orrowed for the purposes of this act, provided that they
shall not be sold or pledged for less than the par value
thereof; the proceeds thereof shall be retained in the
treasury, and the treasurer shall pay therefrom the ex-
penses incurred for the purposes aforesaid, upon the
order of said board of commissioners.

Section 10. Instead of establishino; a sinking fund ^^y 170^'de for

~ , . p -, annual pay-

the said town may at the time of authorizing said loan mema on loan.
provide for the payment thereof in such annual payments
as will extinguish the same within the time prescribed in
this act ; and when such vote has been passed the amount
required thereby, less the amount that may be appro-
priated therefor as provided in the following section,
shall without further vote ho assessed by the assessors of
said town in each year thereafter, until the debt incurred
by said town shall be extinguished, in the same manner
as other taxes are assessed under the provisions of
section thirty-four of chapter eleven of the Public Stat-
utes.

Section 11. The receipts from assessments, and pay- Payment of
nients made in lieu thereof under this act, shall be applied ^^p*^"**^^'
to the payment of the charges and expenses for and inci-
dent to the maintenance and operation of said systems of
sewerage, and for the payment of the further extension
of the said system or systems, except that said town may
apply any portion of such receipts to the payment of the
interest upon said bonds, notes or scrip issued under
authority of this act not otherwise provided for, or to the
payment or redemption of said bonds, notes or scrip, as
the said town shall by vote determine, and shall be used
for no other purpose. If said receipts shall not be
sufiicient for said purposes in any year then in such case
said town shall raise forthwith by taxation, in the same
manner as money is raised and appropriated for other
town purposes, the balance required therefor.

240

Acts, 1896. — Chap. 287.

Superintendent
and clerk, ap-
pointment, etc.

Rules, regula-
tions and
penalties.

May enter into
an agreement
■with Boston
for disposal of
certain sew-
age, etc.

P. S. 50, etc., to
apply.

Section 12. Said lioard of commissioners shall annu-
ally appoint a clerk, and may appoint a superintendent
of sewers, neither of whom shall be one of their own
number, and may remove said clerk or superintendent at
their pleasure. The compensation of said clerk and
sui)erintendent and of said commissioners shall be fixed
by said town.

Sectio;?^ 13. All contracts made by said board of
commissioners for the purposes of this act shall be the
contracts of said town, and shall be signed by said board ;
but no contracts shall be made or obligations incurred by
said commissioners for the laying out and construction
of said systems of sewerage in excess of the amount of
money appropriated by the town therefor.

Section 14. Said board of commissioners may pre-
scribe rules and regulations for the connecting of estates
and buildings with said main drains and sewers, and for
the inspection of materials, construction, alteration or
use of all connections and drains entering into such main
drains or sewers, and may impose penalties, not exceed-
ing twenty dollars, for each violation of any such rule or
regulation. Such rules or regulations shall be published
not less than once a week for four successive weeks in
some newspaper pul)lished in said town of Hyde Park,
and shall not take efl'ect until such publication has been
made.

Section 15. Said board of commissioners may enter
into an agreement with the city of Boston for the disposal
of such sewage as cannot be conveniently conveyed from
any portion of said town by gravity flow to the main
valley sewer authorized to be constructed, maintained
and operated by the provisions of said chapter four hun-
dred and six of the acts of the year eighteen hundred and
ninety-five, and may make such connections with the
sewers now or hereafter to be constructed by said city of
Boston as may be required for such disposal, upon such
terms as may be agreed upon between said town and said
city ; and for that purpose may enter upon and dig up
any street or way in said city of Boston, and may take
by purchase or otherwise any lands, rights of way or
easements in said city necessary for the purpose of
making such connections.

Section 16. The provisions of chapter fifty of the
Public Statutes and of acts in ameucUuent thereof, so far

Acts, 1896. — Chap. 288. 241

as applicable and not inconsistent with this act, shall
apply to the town of Hyde Park in carrying out the pro-
visions of this act.

Section 17 . This act shall take effect upon its passage ; when to take
but no expenditure shall be made and no lialnlity incurred
under the same unless this act shall first be accepted by
vote of a majority of the legal voters of said town of
Hyde Park present and voting thereon at a legal meeting
called for that purpose within one year from the date of
its passage. And said town may elect said board of sewer
commissioners, as provided in section two, at the same
meeting at which it accepts this act.

Apjrroved April 15, 1S96.

An Act relative to minor children indentured or placed in (77ia^.288

CHARGE OF PERSONS, ASSOCIATIONS OR INSTITUTIONS.

Be it enacted, etc. , as foUotvs :

Section 1. Whenever the parent or guardian of any probate court
minor child, who is now^ or shall hereafter be indentured ilSformat'ion''
or placed in charge of any person or persons, association, cena'ir"*
or public or private institution by any state, city or town children, etc.
board, or l)y any public or private corporation or body
of persons authorized by law to indenture or so place
minor children, or in case of the death of both parents
and there being no guardian, whenever one of the next
of kin of any such child shall be denied information of
the whereabouts of any such child by any such board,
corporation or body of persons, the probate court for the
county in which such child has its legal residence may by
its order, upon the petition of such parent, guardian or
next of kin, and upon such notice as it shall deem proper,
if in its opinion the w^elfare of the child and the pulilic
interests will not be injured thereby, require such board,
corporation or body of persons to give such information
and permit such parent, guardian or next of kin to visit
the child at such time or times and under such conditions
as the court shall in its order direct; and the court may
upon the application of such parent, guardian or next of
kin, or of any such board, corporation or body of persons,
revise and alter such order, or make new orders or
decrees in respect to such petition, as the welfare of the
child and the public interests may seem to require.

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

Approved April 15, 1896.

24:2 Acts, 1896. — Chaps. 289, 290, 291.

Chcip.2iSQ An Act relative to the united states steamer Minnesota,

LOANED TO THE COMMONWEALTH FOR THE USE OJ? THE NAVAL
JHLITIA.

Be it enacted, etc., as follows:

unuedsrate's"^ Section 1. Tlic United States steumer Minnesota

lir'^tota which has been loaned to the Commonwealth and is now

being used as an armory for the naval militia, shall be

under the exclusive control of the adjutant aeneral, under

the orders of the commander-in-chief, and all expenses

for the care, furnishing and repairs of the same shall be

paid by the Commonwealth and provided for in the annual

appropriations.

be"reim"bur8ed° SECTION 2. There may l)e expended for the purpose

^"'" of reimlnirsing the naval militia for such sum of money

as has been expended liy said militia in fitting up said

steamer, and for heating, lighting, repairing and properly

furnishing the same, a sum not exceeding eight thousand

two hundred dollars.

Section 3. This act shall take effect upon its passage.

Ajjproved April 15, 1896.

Chap.^QO -^N Act to authorize the city of lawrence to use for the

EXTENSION OF ITS WATER WORKS A PORTION OF THE PROCEEDS
OF A LOAN HERETOFORE AUTHORIZED.

Be it enacted, etc, , as follows :

^IttT^orkl. Section 1. The city of Lawrence may use for the

extension of its water works, by the construction of a
high service, a sum not exceeding lift}^ thousand dollars
of the proceeds of the loan authorized by chapter one
hundred and forty-seven of the acts of the year eighteen
hundred and ninety-three.

Section 2. This act shall take efl'ect upon its j)assage.

Approved April 15, 1896.

Chap.2iQ1. An Act to authorize towns to make appropriations to meet

THE EXPENSE OF DEDICATING SOLDIERS' MONUMENTS.

Be it enacted, etc. , as follows :

^wie?""^ Section 1. Towns may at legal meetings grant and

monuments. votc sucli sums as they may judge necessary, to meet the
expense of dedicating soldiers' monuments.

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

Approved April 15, 1896.

Acts, 1896. — Chap. 292. 243

An Act relative to the adams fike distkict. CJiav^^'^

Be it enacted, etc. , as follows :

Section 1. Section one of chapter four hundred and amelided.^^'
eighty-five of the acts of the year eighteen hundred and
ninety-five is hereby amended by striking out the words
^^ provided^ that no source of water supply shall l)e taken
under this act for domestic purposes without the recom-
mendation and advice of the state board of health ", in
the ninth, tenth, eleventh and twelfth lines, so that said
section as amended will read as follows : — Section 1 . ^rfafn ?MdB,
For the purpose of increasing the water supply of the rights of way,
Adams Fire District for the extinguishment of fires and
for domestic and manufacturing purposes, said fire dis-
trict is authorized to acquire by purchase, lease or tak-
ing any lands in the town of Adams, and any lands in
the town of Cheshire lying northerly of the southerly
boundary of the former town of New Providence, for the
purpose of Ijoring or driving artesian or other Avells and
excavating basins and reservoirs thereon. Said fire dis-
trict may in like manner acquire all necessary rights of
way under and over any lands, water courses, railroads,
public and private ways, and along such ways in such
manner as not unnecessarily to obstruct the same, and
may thereafter enter in and upon any such ways, roads
and lands for the purpose of repairing or relaying any
pipes or conduits, but in so doing shall not unnecessarily
obstruct or damage the same ; and said fire district may May erect
erect on said lands thus purchased, taken or held, proper ''"''^'"ss, etc.
buildings, fixtures and all necessary structures, may make
all necessary excavations, procure and operate machinery
and provide such other means and appliances as may be
necessary for the establishment of complete and eflfective
works.

Section 2. Section four of said chapter is hereby i895, 485, § 4,
amended by striking out the word " thirty", in the fifth """"^
line, and inserting in place thereof the word : — sixty, —
so that said section as amended will read as follows : —
Section 4. In order to defray the expenses which may Adams Fire
be incurred by said fire district under this act the town Loa"'''
of Adams may issue from time to time bonds or notes
to be denominated on the face thereof, Adams Fire Dis-
trict Water Loan, to an amount not exceeding sixty thou-
sand dollars, and bearing interest not exceeding six per

244

Acts, 1896. — Chap. 293.

cent, per annum. Said interest shall be payable semi-
annually, and the principal thereof shall be payable not
more than twenty years from the date of issue of said
bonds or notes. All bonds or notes issued under au-
thority of this act shall be signed by the treasurer of
said town and countersigned by the chairman of the
selectmen, and a record of all bonds or notes so issued
Town of Adams shall bc uiadc and kept by the treasurer. The town of

may loan bonds .,, , •iin j •-if t i • ,

or notes to fire Adams may loan said bonds or notes to said lire district

district, etc. i . -, i. , . -i m i i

upon such terms and conditions as may be prescribed by
said town ; and said fire district may sell the same or any
part thereof, or pledge the same or any part thereof for
money borrowed for the purposes of this act.

Section 3. This act shall take effect upon its passage.

Approved April 15, 1896.

ChaV'^'^^ An Act relative to the powers and duties of the school

COMMITTEE OF THE CITY OF BOSTON.

1895, 449, § 22,
amended.

Architect
department,
etc., abolished.

Superintendent
of public build-
ings, powers
and duties.

Be it enacted, etc., as follows:

Section 1. Section tw^enty-two of chapter four hun-
dred and forty-nine of the acts of the year eighteen hun-
dred and ninety-five is herel>y amended l)y adding thereto
the followin<>: words : — This act shall in no wise abridge
or affect the powers and duties of the school committee
of the city of Boston under the provisions of chapter four
hundred and eight of the acts of the year eighteen hun-
dred and ninety-five, — so that the section as amended
will read as follows : — Section 22. The architect de-
partment and the ofiice of city architect of said city are
hereby abolished, and all buildings now in process of
construction by said department shall be placed under
the charge of the superintendent of public T)uildings, who
shall be the city architect so far as relates to the powers
and duties required of the city architect under existing
contracts of said city, and shall see that the l)uildings are
completed in accordance with the contracts already made
therefor. Any building hereafter required by said city
for the use of any department shall be built by such de-
partment, and any building not for the use of any depart-
ment shall be built by such of the heads of departments
or other ofiicers appointed by the mayor as the mayor
shall from time to time determine ; but the plans of all
buildings shall be subject to the approval of any officer

Acts, 1896. — Chaps. 294, 295. 245

or board specitied in the statutes relating thereto, and of

tlie mayor, and the selection of the architect shall be sul)-

ject to the approval of the mayor. This act shall in no certain powers

wise abridge or affect the powers and duties of the school school oom-

committee of the city of Boston under the provisions of Effected"

chapter four hundred and eight of the acts of the year

eighteen hundred and ninety-five.

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

Approved April 16, 1896.

An Act to authorize the town of natick to make an addi- CJJkij) 294

TIONAL APPROPKIATION ANU SEWERAGE LOAN.

Be it enacted, etc., asfolloios:

Section 1. The town of Natick, for the purpose of ^dmonTi
carrying out the provisions of chapter four hundred and bonds, uotes or
tifty-nine of the acts of the year eighteen hundred and
ninety-four, is hereby authorized to appropriate a sum
of money not exceeding one hundred thousand dollars
in addition to the amount authorized by said act ; and
to raise the money so appropriated said town may issue
negotiable bonds, notes or scrip in accordance with the
provisions of said act : provided, that the whole amount ProviBo.
of money appropriated for said purposes by said town
under the authority given by this act and all other acts
shall not exceed two hundred thousand dollars beyond
the limit of indebtedness fixed l)y law for said town.

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

App>roved April 16, 1896.

Chap,295

An Act making appropriations for the preparation for
publication and for the publication of the province

LAWS.

Be it enacted, etc. , as follows :

Section 1. The sums hereinafter mentioned are ap- Appropriations.
propriated, to be paid out of the treasury of the Com-
monwealth from the ordinary revenue, for the purposes
specified, to meet expenses for the year ending on the
thirty-first day of December in the year eighteen hundred
and ninety-six, to wit : —

For the salary of the commissioner appointed to edit Commissioner

the province laws, six hundred and sixtv-six dollars and edit province

sixty-seven cents.

appointed to
edit p
laws.

246 Acts, 1896. — Chaps. 296, 297.

copyiBts, -pov the salaries of copyists, messenojers, extra help,

meBsengerB, , ,% • -i

etc. for engraving, lithographing, stationery and postage,

travelling and other necessary expenses in connection
^vith the preparation and publication of the province laws,
a sum not exceeding two thousand three hundred and
thirty-three dollars and thirty-three cents.

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

Approved April 16, 1896.

CJiap.2^Q An Act to authorize the closing of the state departments

AND COMMISSIONS ON THE DAY OF THE MEMORIAL SERVICES IN
HONOR OF FREDERIC T. GREENHALGE, LATE GOVERNOR OF THE
COMMONWEALTH.

Be it enacted, etc. , as follows :

fiose ApriTis! Section 1. The heads of the several departments and
commissions of the state government are hereby author-
ized to close their offices during the eighteenth day of
April in the year eighteen hundred and ninety-six, being
the day of the memorial services in honor of Frederic T.
Greenhalge, late governor of the Commonwealth.

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

Approved April 17, 1896.

GlldV'^^ An Act to regcxate the sale of commercial fertilizers.
He it enacted, etc. , as follows :

ieruuzer'^^ Section 1 . Evciy lot Or parcel of commercial fertilizer

panfedw™' '^^^ fertilizer material sold or offered or exposed for sale
printed state- withiu tliis Commonwcalth shall be accompanied by a

ment, etc. -i • i • -i ii i i • n •

plainly printed statement, clearly and truly certifying
the number of net pounds of fertilizer in the package,
the name, brand or trade-mark under which the fertilizer
is sold, the name and address of the manufticturer or
importer, the location of the factory, and a chemical
analysis stating the percentage of nitrogen, of potash
soluble in distilled water, and of phosphoric acid in avail-
able form soluble in distilled w-ater and reverted, as well
as the total phosphoric acid. In the case of those fertil-
izers which consist of other and cheaper materials said
label shall give a correct general statement of the com-
position and ingredients of the fertilizer it accompanies.
of^sfatememto Section 2. BcfoTc any commercial fertilizer is sold
be filed, etc. or offcrcd or exposed for sale the importer, manufacturer
or party who causes it to be sold or offered for sale witliin

Acts, 1896. — Chap. 297. 247

this Commonwealth shall file with the director of the
Hatch experiment station of the Massachusetts Agricultu-
ral College a certified copy of the statement named in
section one of this act, and shall also deposit with said
director at his request, a sealed glass jar or bottle, con-
taining not less than one pound of the fertilizer, accom-
panied by an aflSdavit that it is a f^iir average sample
thereof.

Section 3. The manuf^icturer, importer, agent or Analysis fees.
seller of any brand of commercial fertilizer or fertilizer
material shall pay for each brand, on or before the first
day of May annually, to the director of the experiment
station, an analysis fee of five dollars for each of the three
following fertilizing ingredients : namely, nitrogen, phos-
phorus and potassium, contained or claimed to exist in
said In-and of fertilizer : jjrovided, that whenever the Proviso,
manufacturer or importer shall have paid the fee herein
required for any person acting as agent or seller for such
manufiicturer or importer, such agent or seller shall not
be required to pay the fee named in this section ; and on
receipt of said anal3'sis fees and statement specified in
section two the director of said station shall issue certifi-
cates of compliance with this act.

Section 4. No person shall sell or offer or expose for saieofpuiver-
sale in this Commonwealth any pulverized leather, hair e^c.,aTa ^'^'
or wool waste, raw, steamed, roasted or in any form as a regulated.
fertilizer, or as an ingredient of any fertilizer or manure,
without an explicit printed certificate of the fjict, said
certificate to be conspicuously affixed to every package
of such fertilizer or manure, and to accompany or go with
every parcel or lot of the same.

Section 5. Any person selling or offering or exposing Penalty.
for sale any commercial fertilizer without the statement
required by the first section of this act, or with a label
stating that said fertilizer contains a larger percentage of
any one or more of the constituents mentioned in said
section than is contained therein, or respecting the sale
of which all the provisions of the foregoing section have
not been fully complied with, shall forfeit fifty dollars for
the first offence and one hundred dollars for each subse-
quent offence.

Section 6. This act shall not affect parties manu- certain parties
fiicturing, importing or purchasing fertilizers for their ""' •''^'^'='^**-
own use and not to sell in this Commonwealth.

248

Acts, 1896. — Chap. 298.

Analysia to be
made annually,
etc.

Taking of
Bamples, etc.

Repeal.

To take effect
Nov. 1, 1896.

Section 7. The director of the experiment station
shall pay the analysis fees, as soon as received by him,
into the treasury of the station, and shall cause one
analysis or more of each fertilizer or fertilizer material to
be made annually, and shall publish the results from time
to time, with such additional information as the circum-
stances render advisable, provided such information re-
lates only to the composition of the fertilizer or fertilizer
material inspected. Said director is hereby authorized
in person or by deputy to take a sample, not exceeding-
two pounds in weight, for analysis, from any lot or
package of fertilizer or fertilizer material which may be
in the possession of any manufacturer, importer, agent
or dealer ; but said sample shall be drawn in the presence
of said party or parties in interest, or their representa-
tive, and taken from a parcel or a number of packages
which shall be not less than ten per cent, of the whole lot
inspected, and shall be thoroughly mixed and then
divided into two equal samples and placed in glass
vessels, and carefully sealed and a label placed on each,
stating the name or brand of the fertilizer or material
sampled, the name of the party from whose stock the
sample was drawn, and the time and place of drawing ;
ajid said label shall also l)e signed by the director or his
deputy and by the party or parties in interest, or their
representatives present at the drawing and sealing of said
sample ; one of said duplicate samples shall be retained
by the director and the other by the party whose stock
was sampled. All parties violating this act shall be
prosecuted by the director of said station.

Section 8. Chapter two hundred and ninety-six of
the acts of the year eighteen hundred and eighty-eight is
hereby repealed.

Section 9. This act shall take eftect on the first day
of November in the year eighteen hundred and ninety-six.

Approved Ap)ril 17, 1896.

ChciV 298 -^^ ^^"^ '^^ INCORPORATE THE WORCESTER COLLATERAL LOAN

ASSOCIATION.

Worcester
Collateral Loan
Association
incorporated.

Be it enacted, etc., as follows :

Section 1. Stephen Salisbury, Elisha D. BufBngton,
Archelaus M. Howe, Francis H. Dewey, Lincoln N. Kin-
nicutt, Alexander DeWitt, John H. Goes, George T.

Acts, 1896. — Chap. 298. 249

Dewey, John S. Brigham, Charles Thornton Davis, Azro Worcester
L. D. Buxton, Charles L. Nichols, John F. Kyes, Henry Association
L. Parker, George F. Blake, Jr., and Charles E. Burn- '°'=°'P°--^'«d.
ham, their associates and successors, are hereby made a
corporation by the name of the Worcester Collateral Loan
Association, to be located at Worcester, for the purpose
of loaning money upon pledge or mortgage of goods and
chattels, or of safe securities of every kind ; and all the
powers and privileges necessary for the execution of these
purposes are hereby granted, and said corporation shall
also have all the powers and privileges and be subject to
all the duties, restrictions and liabilities set forth in
chapter one hundred and five of the Public Statutes and
in all the general laws which now are or hereafter may
be in force relating to such corporations.

Section 2. The capital stock of said corporation shall ^'^pitai stock.
be ten thousand dollars, to be divided into shares of one
hundred dollars each, and to be paid for at such times
and in such manner as the board of directors shall decide :
provided, that no business shall be transacted by said ^""o^'^"-
corporation until said amount of ten thousand dollars is
subscril)ed for and actually paid in ; and no certificate of
shares shall be issued until the par value of such shares
shall have actually been paid in in cash. The said cor-
poration may increase its capital stock from time to time
until the same amounts to two hundred thousand dollars.

Section 3. Said corporation is hereby authorized to May borrow on
borrow money on its own notes, not exceeding the amount ^ ^"° ^^'■
of its capital paid in, and for periods not exceeding one
year.

Section 4. The government of said corporation shall '^^^^'^^°^^-
be vested in a board of directors, chosen as the by-laAvs
may prescribe, conformably to law : provided, hoivever, Proviso.
that one director shall Ije appointed by the governor of
the Commonwealth and one shall be appointed by the
mayor of the city of Worcester ; and the board thus
constituted shall elect one of their number president,
and such officers as may be deemed necessary. The
compensation of the directors appointed by the governor
and mayor for their services and attendance at meetings
shall be paid l)y said corporation.

Section 5. When said corporation has disposable Loans.
funds it shall loan on all goods and chattels ofiered,
embraced within its rules and roirulations, in the order

250

Acts, 1896. — Chap. 298.

Duratlou of
loans, right of
redemption, etc,

Pledgor to be
given a card.

Unredeemed
property.

Savings bank
deposit boobs.

Interest.

CommisBioners
of savings
banlis to have
access to books,
etc.

in which they are offered, with this exception, that it
may always discriminate in favor of small loans to the
indigent.

Section 6. All loans shall be for a time fixed and not
more than one year, and the mortgagor or pledgor shall
have a right to redeem his property mortgaged or pledged,
at any time before it is sold, in pursuance of the contract
between the parties, or liefore the right of redemption is
foreclosed, on payment of the loan and rate of compen-
sation to the time of the offer to redeem. No charges
shall l)e made for making a preliminary examination when
a loan is not made, nor for the examination of property
offered at the office of the association for pledge.

Section 7 . The corporation shall give to each pledgor
a card inscribed with the name of the corporation, the
article or articles pledged, the name of the pledgor, the
amount of the loan, the rate of compensation, the date
when made, the date when payable, the page of the l)ook
where recorded, and a copy of sections eight and nine
of this act.

Section 8. Property pledged to the Worcester Col-
lateral Loan Association must be held one year, unless
sooner redeemed, and if not redeemed within one year
from the date of the loan shall be sold at public auction,
and the net surplus, after paying loan charges and ex-
penses of sale, shall lie held one year for the owner. All
auction sales shall be advertised for at least one week in
two daily newspapers pulilished in Worcester. In case
a savings l)ank deposit book pledged to the association
shall not be -redeemed as above it shall not be necessary
for the association to sell the same at public auction, but
it may convert the same or so much thereof as may be
necessary to pay the debt, in such mode and at such time
as in the judgment of the directors will Ijest secure the
interest of all parties, holding the net surplus as above
for the owner.

Section 9. Said association shall in no case charore
interest at a rate exceeding one and one half per cent,
per month.

Section 10. The commissioners of savings banks shall
have access to the vaults, books and papers of the cor-
poration, and it shall he their duty to inspect, examine
and inquire into its affairs and to take proceedings in
regard to them, in the same manner and to the same ex-

Acts, 1896. — Chaps. 299, 300. 251

tent as if vSaid corporation was a savings bank, subject
to all the general laws which are now or hereafter may
be in force relatin": to such institutions in this res-ard.
The returns required to be made to the commissioners Returns.
of savings banks shall be in the form of a trial balance
of its books, and shall specify the different kinds of its
liabilities and the different kinds of its assets, stating
the amounts of each kind, together with such other in-
formation as may be called for by said commissioners,
in accordance with a blank form to be furnished by said
commissioners ; and these returns shall be published in
a newspaper of the city of Worcester, at the expense of
said corporation, at such times and in such manner as
may be directed by said commissioners, and in the annual
report of said commissioners : provided, hoivevei', that said ^''o^'so.
commissioners may cause any examination to be made by
an expert, under their direction but at the expense of the
corporation. Approved April 17, 1896.

An Act relative to the vinevard grove company. Ohnn ^^99

Be it enacted, etc., as follows :

Section 1, All acts of the Vineyard Grove Company, Acts of vine-
its officers or directors, relating to the purchase of real compauy^con.
estate, and all deeds and conveyances to said corporation ^'■™®''' ®"^-
of real estate in the town of Cottage City, are hereby
ratified, confirmed and made valid, and said corporation
is hereby authorized to hold, improve, manage and dis-
pose of all real estate at any time heretofore conveyed
to it, for its corporate purposes.

Section 2 . Said corporation is hereby authorized to May engage in

. • , ' T. • ^^ ^ • /»! • certain busi-

erect, maintain, and to engage in the business oi keeping ness.etc.
a hotel or hotels and bathing establishments, and to erect
such buildings as it may deem advisable, in said Cottage
City, and to construct and maintain upon and from its
lands over and into the tide waters a wharf or wharves
or other structures, or to extend or improve the same,
subject to the provisions of chapter nineteen of the Public
Statutes. Ajjproved April 17, 1896.

An Act RELAirv^E to the northern baptist education society. (JJifij) QQO

Be it enacted, etc., as follows :

Section 1. The Northern Baptist Education Society May use certain
may at its discretion use both principal and interest of for^purpose^s of

the society.

252

Acts, 1896. — Chap. 301.

donations, grants, devises and bequests hereafter received
l)y it, where not otherwise directed by the giver, for the
purposes of the society, including its current expenses.
Section 2. This act shall take effect upon its passage.

Approved Ap)ril 17, 1896.

Chap

May take certain
real estate.

DeBcription of
land to be
recorded, etc.

Damages.

City may offer a
specified sum,
etc.

301 ^^ ^^^ '^'^^ AUTHORIZE THE CITY OF SPRINGFIELD TO TAKE LAND
FOR THE ERECTION OF PUBLIC SCHOOL BUILDINGS.

Be it enacted, etc., as folloivs :

Section 1. The city of Springfield, acting by its
])oard of aldermen, is herel)y authorized to take by pur-
chase or otherwise, in fee, at any time within the period
of one year from the passage of this act, the whole or
any part of certain real estate in said city bounded north-
erly by State street, easterly by land of Elisha Morgan,
southerly by Temple street, and westerly by land of said
city ; said real estate so taken to be used in connection
with the aforesaid real estate of the city for the erection
of a building or buildings to be used for pul^lic school
purposes.

Section 2. The order for such taking shall l)e ap-
proved by the mayor, wdio, within thirty days from his
approval of any such order, shall file and cause to be
recorded in the registry of deeds for the county of
Hampden a description of the land so taken, sufiiciently
accurate for identification, with his statement of the pur-
pose for which such lands were taken under this act.

Section 3. The city of Springfield shall pay all dam-
ages sustained by any person by the taking of lands or
other property hereunder. Any person sustaining dam-
ages as aforesaid, who fails to agree with the city as to
the amount of damages sustained, may have his damages
assessed and determined in the manner provided hy law
where land is taken for the laying out of highways, on
application at any time within the period of one year
from the taking of such land or property.

Section 4. In every case of a petition for the assess-
ment of damages, or for a jury hereunder, the said city
may offer in court and consent in writing that a sum
therein specified may be awarded as damages to the com-
plainant ; and if the complainant shall not accept the
same within ten days after he has received notice of
such offer, and shall not finally recover a greater sum

Acts, 1896. — Chap. 302. 253

than the one offered, not inchiding interest on the sum
recovered in damages from the date of the offer, the said
city shall be entitled to recover its costs after said date,
and the complainant, if he recovers damages, shall be
allowed costs only to the date of the offer, unless the
damasces so recovered shall be in excess of the amount
offered by the city, as aforesaid.

Section 5. This act shall take effect upon its passage.

Approved April 22, 1896.

An Act relative to reports of evidence given at inquests n~i.f~.rf^ ^02
IN cases of death ky accident on railroads and street ^'

RAILWAYS.

He it enacted, etc., as follows :

Section 1 . When a iustice has reason to believe that Reports of

JJ111111' 1 1 11 • evidence given

an inquest to be held bv him relates to the death by acci- at inquests in

-t , f' " ^ .iir" certain cases

dent oi a passenger or employee upon a railroad, or oi of death by
a traveller upon a pu])lic or private way at a railroad '*'="'^''°'-
crossing, or to a death l)y accident resulting from or con-
nected with the operation of a street railway, he shall
cause a verbatim report of the evidence given before him
to be made. The accuracy of such report shall be sworn
to by the person making the same, and the report and
the reporter's bill for his services, after each has been
examined and approved in writing by such justice, shall
be forwarded without unnecessary delay to the board of
railroad commissioners. Bills for such services, when
approved by the said board, shall be forwarded to the
auditor of accounts, and shall be paid out of the treas-
ury of the Commonwealth, and shall be assessed on the
several corporations owning or operating the railroads
or street railways on which the accidents occurred, and
shall be collected in the manner provided in section
twelve of chapter one hundred and twelve of the Public
Statutes.

Section 2. Chapter three hundred and sixty-five RepeaL
of the acts of the year eighteen hundred and eighty-
eight and chapter one hundred and fifty-four of the acts
of the year eighteen hundred and eighty-nine are herel)y
repealed; l)ut such repeal shall not affect existing rights, ^f/.^^'^^f'^hts
Section 3. This act shall take effect upon its passage. ^^""°^"^ ''•

Approved April 22, 1896.

254

Acts, 1896. — Chap. 303.

1894, 444, § 2,
amended.

Cause, etc., of
fires to be in-
vestigated, etc.

CJiaV.303 ^^ ^*^'^ KELATIVE TO THE INVESTIGATION OF FIRES AND THE RE-
PORT TO THE FIRE MARSHAL.

Be it enacted, etc., as follows :

Section two of chapter four hundred and forty-four of
the acts of the year eighteen hundred and ninety-four is
hereby amended by inserting in the fourth line, after the
word " established", the words : — whether the organized
lire district includes within its limits the whole territory
of the town or not, — and by inserting in the fifth line,
after the word " which", the words : — no fire district is
organized and, — so as to read as follows : — Section 2.
The state fire marshal, in the city of Boston, and the
board of fire engineers in every other city, and in every
town in which a board of fire engineers is established,
Avhether the oro;anized fire district includes within its
limits the whole territory of the town or not, and the
board of selectmen in any town in which no fire district
is organized and no board of fire engineers is established,
shall investigate the cause, origin and circumstances of
every fire occurring in such city or town in which prop-
erty has been destroyed or damaged, and shall specially
make investigation whether such fire was the result of
carelessness or design. Such investigation shall be be-
gun within two days, not including the Lord's day, of
the occurrence of such fire, and the fire marshal shall
have the right to supervise and direct such investigation
whenever he deems it expedient or necessary. The board
making investigation of fires occurring in cities and towns,
other than the city of Boston, may forthwith notify said
fire marshal, and shall, within one week of the occurrence
of the fire, furnish to the said fire marshal a written state-
ment of all the facts relating to the cause and origin of
the fire, the kind, value and ownership of the property
destroyed, and such -other information as may be called
for by the blanks provided by the said fire marshal. The
fire marshal shall keep in his office a record of all fires
occurring in the Commonwealth, together with all facts,
statistics and circumstances, including the origin of the
fires, which may be determined by the investigations pro-
vided for by this act ; such record shall at all times be
oi)en to public inspection, and such portions of it as the
insurance commissioner may deem necessary shall be

Board making
investigation to
report to fire
marshal.

Record of fires,
etc., to be kept.

Acts, 1896. — Chaps. 304, 305. 255

ChapM4:

transcribed and forwarded to him within fifteen days
from the first day of January. Approved April 22, 1896.

An Act relative to sentences to the REfORMATOKY PRISON
FOR AVOMEN.

Be it enacted, etc., as follows:

Section 1. Section forty-three of chapter two hun- p. s. 221, § 43,
dred and twenty-one of the Public Statutes, as amended ®"'>'""'^° ^
by chapter four hundred and twenty-six of the acts of
the year eighteen hundred and eighty-seven, is hereby
amended by striking out in tlie eighth and ninth lines,
the words "held within the district of Massachusetts ",
so as to read as follows : — Section 43. The reformatory Reformatory
prison for women at Sherborn in the county of Middlesex women.
shall be the prison of the Commonwealth for the reforma-
tion and punishment of female offenders ; in which shall
be kept imprisoned and detained all female convicts duly
committed or removed thereto conformably to the sen-
tences or orders of any court of the state or of the courts
of the United States, and the rules and regulations of said
prison.

Section 2. This act shall take efl'ect upon its passage.

Approved April 22, 1896.

Chap.d05

An Act relative to sewerage and sewage disposal in the

TOWN of WAKEFIELD.

Be it enacted, etc., as follows:

Section 1. For the purpose of defraying the expense wakefieid sew.
of laying, making and maintaining a system of main drains Acfof is96.'
and common sewers and estal)lishing and operating a sys-
tem of sewage disposal, the town of Wakefield is hereby
authorized to issue from time to time, in excess of its debt
limit, bonds, notes or scrip to an amount not exceeding
one hundred thousand dollars. Such bonds, notes or scrip
shall bear on their face the words, Wakefield Sewerage
Loan, Act of 1896, shall l)e payal)le at the expiration of
periods not exceeding thirty years from the date of issue,
shall bear interest payable semi-annually at a rate not
exceeding four per cent, per annum, and shall be signed
by the treasurer and countersigned by the sewerage com-
missioners of the town. The said town may sell such
securities or any part thereof from time to time at public
or private sale, but none of said bonds, notes or scrip

256 Acts, 1896. — Chap. 305.

shall be issued or sold except in compliance with the vote
of the town nor for less than the par value thereof.

{oan°'*'°'°^ Section 2. The receipts from payments, assessments,

and from such annual rates for the use of such sewers as
said town may by vote establish, after deducting the ex-
penses, shall be applied, iirst to the payment of the interest
upon the bonds, notes or scrip issued under the authority
of this act not otherwise provided for, and the balance
shall be set apart to meet the requirements of the sink-
ing fund for the payment or redemption of said bonds,
notes or scrip, as provided by section nine of chapter
twenty-nine of the Public Statutes. If the said receipts
in any year shall be insufficient to pay the interest on said
bonds, notes or scrip and to meet the requirements of law
as to said sinking fund, then in such case the town, to
meet said deficiency, shall raise forthwith such sum as
will with said net income be sufficient to meet said re-
quirements. Said sinking fund shall remain inviolate
and pledged to the payment and redemption of such
bonds, notes or scrip, and shall be used for no other
purpose.

fnnuai'pay.^ ^'"' Section 3. The Said town instead of establishing a

mentsonioan. sinking fuud may at the time of authorizing said loan
provide for the payment thereof in annual pa^^ments of
such amounts as will in the aggregate extinguish the
same within the time prescribed in this act ; and when
such vote has been passed the amount required thereby
shall without further vote be assessed by the assessors
of said town in each year thereafter until the debt in-
curred by said town shall be extinguished, in the sanie
manner as other taxes are assessed under the provisions
of section thirty-four of chapter eleven of the Public
Statutes.

Apportionment, Section 4. Tlic board of sewerao;e commissioners

etc., or assesB- /> • i i • • i •

ments. of Said towu ou the written request, made within three

months after notification of assessment, of any owner
of an estate assessed by said commissioners for its pro-
portional part of the charge of making and maintaining
such main drains or common sewers and system of sew-
age disposal, shall apportion such assessment into such
number of equal parts or instalments, not exceeding ten,
as said owner shall state in such request ; and said board
shall certify such apportionment to the assessors of said

Acts, 1896. — Chap. 306. 257

town, and one of said parts or instalments, with interest
from tlie date of said apportionment at the rate of live
per. cent. })er annum, shall be added by the assessors to
the annual tax on such estates for each year next ensuing
until all said parts have l)een so added and paid : ^j/'o- Proviso.
vided, that nothing herein contained shall be construed
to prevent the payment at any time in one payment of
any balance of said assessments then remaining unpaid,
notwithstanding such prior apportionment. All liens for
the collection of such assessment shall continue until the
expiration of two years from the time when the last in-
stalment is added by the assessors and remitted to the
collector.

Sectiox 5. This act shall take eftect upon its passage.

Ajipj'oved Ajyril 22, 1896.

(7Aa^.306

An Act kelative to marriages.
Be it enacted, etc. , as follows :

Section 1. Any person duly authorized to solemnize Penalty for join.
marriages in this Commonwealth who shall join in mar- mfrruaKe wuh-
riage persons who have not complied with the statutes in «"' certificate.
regard to procuring certificates of notice of intention of
marriage shall be punished by a fine not exceeding five
hundred dollars.

Section 2. Whoever, not being duly authorized by Penalty for
the statutes of this Commonwealth, undertakes to join marHa^e" wuh-
persons in marriage in this Commonwealth shall be pun- °"^ ""'^oriiy.
ished by a fine not exceeding five hundred dollars or by
imprisonment in jail or in the house of correction not
exceeding one year, or by both such fine and imprison-
ment.

Section 3. Sections twenty-five and twenty-six of ^^peai.
chapter one hundred and forty-five of the Public Statutes
are hereby repealed.

Section 4. No person shall solemnize a marriage in Marriages not
this Commonwealth unless he is able to read and Avrite b'y^'cVrtit""*'"''^
the English language, and no rabbi of the Israelitish faith p^"°°'-
shall solemnize marriage until he has filed with the clerk
or registrar of the town or city where he resides a cer-
tificate of the establishment of the synagogue of which
he is rabbi, and of the date of his appointment thereto,
and of the term of his engagement.

Approved April 22^ 1896,

258 Acts, 1896. — Chaps. 307, 308, 309.

Chap.S07 ^^ ^^'^ '^^ AUTHORIZE THE PROPRIETORS OF OAK GROVE CEME-
TERY TO HOLD ADDITIONAL REAL AND PERSONAL ESTATE.

Be it enacted, etc. , as follows :
May hold addi- Section 1 . TliG proprietors of Oak Grove Cemetery
etc. * of Gloucester may purchase, or take by devise or gift,

and hold so much real and personal estate as may be
necessary for the objects of its organization, which shall
be applied exclusively to the furtherance of such objects ;
may lay out such real estate into lots ; and upon such
terms, conditions and regulations as it shall prescribe
may grant and convey the exclusive right of burial in,
and of erecting tombs or cenotaphs upon, any lot, and of
ornamenting the same.

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

Approved April 22^ 1896.

Chcip.SOS ^^ ^C"^ "^O PROHIBIT THE SELLING OR GIVING AWAY OF INTOXI-
CATING LIQUORS ON CERTAIN HOLIDAYS BY THE HOLDERS OF
FOURTH AND FIFTH CLASS LICENSES,

Be it enacted, etc., as follows :

Hoidnra of Section 1. Auv pcrsoii holding a license of the fourth

fourth or hfth /•i/./>ii i mi'

class licenses class, or of the fifth class, described in section ten of
intoxicating ' cliaptcr oue liuiidred of tlic Public Statutes, to sell intoxi-
taln^hoiidays!' catiiig Hquor, who sliall sell, give away or deliver on the
licensed premises any of such liquor on the twenty-second
day of February, or on the nineteenth day of April, or on
the thirtieth ^day of May, or on the fourth da}^ of July,
or on the first Monday in September, or on Thanksgiving
day, or on the twenty-fifth day of December, shall be
liable to the penalty prescribed in section eighteen of
chapter one hundred of the Pul)lic Statutes or in acts sup-
plementary thereto or in amendment thereof. When any
one of said days which may fall upon Sunday does fall
upon that day the provisions of this act shall apply to the
succeeding day.

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

Approved April 22, 1896.

Chap.d09

An Act to incorporate the American hotel institute.
Be it enacted, etc., as follows:

The American Section 1. MuiTav M. Wiug, Charlcs L. Wiugf and

Hotel Institute t i t t xi • • j^ t i i

incorporated, fiolin 1. ijaiie, their associates and successors, are hereby

Acts, 1896. — Chap. 310. 259

made a corporation by the name of The American Hotel HotefCmme
Institute, with its principal office to be located at Boston, incorporated.
for the purpose of promoting the study and practice of
the culinary art and other duties appertaining thereto, by
the establishment of a school of hotel and home science,
and by other suitable means, with the privilege of grant-
ing certificates of proficiency and of conducting an ex-
change to promote discussion of those and other kindred
subjects and to assist graduates and members in obtaining
employment, together with all the powers and privileges
and subject to all the duties, liabilities and restrictions
set forth in the general law^s which now are or may be
hereafter in force applicable to such corporations.

Section 2. Said corporation may hold for the pur- Mayhoidreai
poses of its incorporation real and personal estate to an estate.
amount not exceeding one hundred thousand dollars.

Approved April 27, 1896.

An Act relative to state scholarships in the Massachusetts CjJidrt.^XO

INSTITUTE OF TECHNOLOGY.

Be it enacted, etc., as foUoivs :

Section 1. There shall be paid annually from the commonwealth
treasury of the Commonwealth to the treasurer of the chSt's^iMU*"'
Massachusetts Institute of Technology, from and after tute of Technoi-

~-' '_ ogy a certam

the first day of September in the year eighteen hundred sum annually.
and ninety-six, the sum of four thousand dollars.

Section 2. In consideration of such payment and of Free scholar-

SQIDB

the grant made by chapter one hundred and three of the
resolves of the year eighteen hundred and eighty-seven
the Massachusetts Institute of Technology shall maintain
forty free scholarships, of which each senatorial district
in the Commonwealth shall be entitled to one, if a candi-
date is presented who is otherwise unable to bear the
expense of tuition. In case no such candidate appears
from a senatorial district, then a candidate may be selected
from the state at large to fill such vacancy, who may
continue to hold the scholarship annually until a candi-
date is presented from the senatorial district unrepre-
sented.

Section 3. The scholarships shall be awarded to such Awarding of
pupils of the public schools of Massachusetts as shall be fhips!"'''*'*'^"
found upon examination to possess the qualifications
fixed for the admission of students to said institute, and

260 Acts, 1896. — Chaps. 311, 312.

who shall be selected by the board of education ; prefer-
ence in the award being given only to qualified candidates
otherwise unable to bear the expense of tuition.

Repeal. SECTION 4. So much of chapter one hundred and

three of the resolves of the year eighteen hundred and
eighty-seven as relates to state scholarships, and so much
of chapter seventy of the resolves of the year eighteen
hundred and ninety-five, as provides an annual appro-
priation of two thousand dollars for the maintenance of
ten free scholarships, are hereby repealed.

juiy^^.Mgr* Section 5. This act shall take efiect on the first day
of July in the year eighteen hundred and ninety-six.

Approved April 27^ 1896.

Chcin.^W ^ ^^'^ '^^ AUTHORIZE THE CITY OF LYNN TO PAY A SUM OF
MONEY TO THE WIDOW OF NELSON H. DOE LATE A MEMBER OF
THE POLICE DEPARTMENT OF SAID CITY.

Be it enacted, etc., as folloivs:

^n'^eT'Doe^^'" Section 1. The city of Lynn is hereby authorized,
l)y a vote of its city council to be approved by the mayor,
to pay to Jane Doe, the widow of Nelson H. Doe late a
member of the Lynn police department, the amount of
salary to which he would have l)een entitled had he lived
and performed his duties to the close of the present
financial year of said city.

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

Approved April 27, 1896.

(7/ift19.312 -^^ ^^'^ "^^ AUTHORIZE THE TOWN OP BRAINTREE TO MAKE AN

ADDITIONAL WATER LOAN.

Be it enacted, etc., as follows:

uonailndeMed." Section 1 . The towu of Braiiitrec may, for the pur-
bond8''etc pose of increasing its water supply, incur additional in-
debtedness to an amount not exceeding twenty thousand
dollars, and issue bonds, notes or scrip therefor. The
provisions of sections eleven and twelve of chapter two
hundred and sixty-nine of the acts of the year eighteen
hundred and eighty-six shall, so far as applicable, apply
to the bonds, notes and scrip issued under the authority
hereby granted.

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

Approved April 27, 1896.

Acts, 1896. — Chaps. 313, 314. 261

An Act relative to the building line and height of build- (7^^^.313
ings on parkways, boulevards and parks.

Be it enacted., etc., as folloivs :

Section 1. The board of park commissioners of a Bunding line

J, -, . -. .,, and height of

City or town may, in the manner and in accordance witn buildings on
and subject to the provisions of chapter four hundred and p^'^''^^^^' '^'''•
sixty-two of the acts of the year eighteen hundred and
ninety-three, establish a building line, at no point more
than twenty-five feet distant from any exterior line of a
parkway, boulevard or public way on which a park bor-
ders ; and the extreme height to which luiildings may be
erected upon such parkway, boulevard or public way
shall be seventy feet, or such other height as the city
council of a city or the inhabitants of a town may from
time to time determine.

Section 2. Any person sustaining damage by reason Damages.
of the establishment of any building line under the pro-
visions of the preceding section shall have the same
remedies for obtaining payment therefor as may at the
time of the filing of a petition for such damages be pre-
scribed by law for obtaining payment for damages sus-
tained hy any person whose land is taken in the laying
out of a highway in such city or town.

Sectiox 3. This act shall take effect in any city when when to take
accepted by the city council thereof, and in any town ^ ^*''*
when accepted liy a majority of the legal voters thereof
present and voting thereon at a town meeting called for
the purpose. Approved April 27, 1896,

An Act to provide for the appointment of a reserve n'hQ.j) S14-

POLICE force IN CITIES. "'

Be it enacted, etc., as folloivs:

Section 1. Any city, except Boston, which accepts Certain cities
the provisions of this act as hereinafter provided, may l^^eerve poi'ice "
establish a reserve police force for said city ; and appoint- ^°'^'^^'
ments to such force shall be made in the same manner as
appointments to the regular police force of said city, sub-
ject to such rules as the civil service commissioners may
prescribe.

Section 2. The number of members of such reserve Number of
force shall not exceed five in cities where the number of "*"" ^"'
members of the reg-ular force does not exceed fifteen.

262

Acts, 1896. — Chap. 315.

Powers, duties,

compensation,

etc.

When to take
effect, etc.

When the number of members of the regular force ex-
ceeds fifteen one member may l)e added to the reserve
force for every three of the regular force above fifteen
and not above thirty ; one for every five of the regular
force al)ove thirty and not above eighty ; and one for
every ten of the regular force aljove eighty.

Section 3. The mayor or city marshal of any city in
which such reserve force is established may assign the
members thereof to duty in said city whenever and for
such length of time as said mayor or marshal may deem
necessary ; and when on dut}' the meml)ers of said reserve
shall have all the powers and duties of members of the
regular police force of said city. The compensation of
the members of said reserve force shall be fixed by the
city council.

Section 4. This act shall not apply to the city of
Boston, and shall take efl'ect in any other city when
accepted by the city council with the approval of the
mayor. Approved April 27, 1896.

Commissioners
to construct
bridge across
Charles river.

ChClV-^^^ ^^ ^^^ ^*^ AUTHORIZE THE CITIES OE BOSTON AND CAMBRIDGE
TO CONSTRUCT AND MAINTAIN A BRIDGE OVER CHARLES RIVER.

Be it enacted, etc. , as foUoivs :

Section 1. Upon the application of either the city of
Boston or the city of Cambridge, after a vote thereupon
l)y both of their respective city councils, to any justice
of the supreme judicial court, after notice to and hearing
said cities, said court shall appoint three disinterested
persons as commissioners, neither of whom shall reside
in either of said cities. Said commissioners shall have
full power and authority, and are hereby authorized and
required, within three years after their appointment, to
construct and complete a liridge with a suitable draw
across Charles river, from a point near the harbor com-
missioners' line on the northerly side of said Charles river,
crossing Charles river and the Boston and Albany rail-
road, to the southerly location of said railroad, — the
center of said bridge to be located so as to be on the
center line of Magazine street in CamJjridge, if produced
and extended to and across said Charles river. The
location of said bridge shall be subject however to the
approval of the l)oard of harbor and land commissioners
so far as it aflects the harbor, and subject further to the

Location to be
approved, etc.

Acts, 1896. — Chap. 315. 263

approval of the board of railroad commissioners so far as
it affects the said railroad. Said bridge shall have a draw
with a clear opening of at least thirty-six feet for the
passage of vessels, and shall not be required to have a
draw of greater width until the several bridges over
Charles river below said l)ridge are required to have
draws of greater clear opening than thirty-six feet, ^dien
the draw in said bridge shall be widened to conform
thereto. Said bridge shall be constructed and main- to be con-
tained, subject to the provisions of chapter nineteen of subject toV.'s.
the Public Statutes and other laws which are now or^^''^*''-
hereafter may be in force in relation thereto ; except that
no compensation for displacement of tide water or for
occupying any lands or flats of the Commonwealth shall
be required from said cities.

Section 2. Said bridge shall l)e constructed in accord- u^'etr*'^'*-
ance with such plans and specifications, and of such
materials, as the said cities may in writing agree upon
within six months after the appointment of said commis-
sioners. If said cities shall tail to agree within said time
upon either the plans, specifications or materials as afore-
said, then said commissioners shall immediately proceed
to construct said bridge in accordance with such plans
and specifications and of such materials as said commis-
sioners may deem l)est ; l)ut in either event said bridge
shall be constructed on iron or stone piers and aluitments,
and the total cost shall not exceed three hundred thousand
dollars.

Section 3. The city of Cambridge at its own expense To take lands,

in/'i'i f 1 • 1 ^ J o • ^ ' construct an

shall lorthwith, alter the appointment oi said commis- avenue, etc.
sioners, take lands by purchase or otherwise within its
own limits for said bridge and an avenue, and by its
board of park commissioners lay out and construct said
avenue not less than sixty feet in width from the end of
Magazine street, as at present laid out, to the northerly
end of said bridge, as an approach thereof; said avenue
to be taken, laid out and used as a parkway, and said
laying out and construction to be done and completed
within the time above-specified for the completion of the
bridge. The board of street commissioners of the city
of Boston at the expense of said city shall forthwith, after
the appointment of said commissioners, take lands l^y
purchase or otherwise within its own limits for said
bridge and an avenue, and shall lay out said avenue not

264

Acts, 1396. — Chap. SlS.

To take lands,
construct an
avenue, etc.

Building line to
be established,
etc. X

Taking of lands,
establishment of
building lines,
etc.

Costs, damages,
etc.

less than sixty feet in width, from the northerly line
of Commonwealth avenue, in the line of Pleasant street
in Brookline, as produced, extending northerly to the
southerly end of said bridge as an approach thereof; said
avenue to be taken and laid out on the lines as shown on
the plan of the street commissioners of the city of Boston,
filed in the office of the city engineer of said city, on the
sixth day of January in the year eighteen hundred and
ninety-six, and wdiere said lines are not shown said ave-
nue is to be taken and laid out as said commissioners
shall deem best, and to be used as a parkway. The city
of Boston by its city engineer shall construct said avenue
within the time above-specified for the completion of the
bridge.

Section 4. The lioard or officers having authority to
lay out ways in their respective cities shall, within the
time above-specified for the completion of the bridge, at
the expense of the respective cities, establish along the
whole extent of their respective approaches, as aforesaid,
a building line not less than twenty feet distant from the
outside boundary lines of said approaches ; and between
said building line and the lines of said approaches no build-
ing shall be erected except steps, piazzas, bay windows,
porticos and other similar projections from buildings.

Section 5. All the proceedings relating to the taking
of lands shall be the same as in the case of land taken
for highways within said cities respectively, with like
remedies to all parties interested ; and all proceedings in
the estal)lishment of building lines shall be the same as
are now or may l)e hereafter provided by law in the
establishment of ))uilding lines on public ways, wnth like
remedies to all parties interested ; and betterments may
be assessed for the construction of said bridge and its
approaches in each city in like manner as for the laying
out of highways under the betterment acts in force in
each city respectively, with like remedies to all parties
interested.

Section 6. All costs, damages and expenses whatso-
ever incurred and sustained in the construction of the said
bridge and draw, including a reasonable compensation
for said commissioners, shall be borne equally by said
cities. The rate of compensation of said commissioners
and the times for the payment of the same may be fixed
by any justice of the supreme judicial court.

Acts, 1896. — Chap. 315. 26^

Section 7. In case any vacancy occurs in said com- Vacancy in
mission by reason of death, resignation, inability to serve, '^**™"'*"°°-
or otherwise, the same may be filled from time to time
by appointment in the manner hereinbefore specified in
this act.

Section 8. The care and management of said bridge careandman-
and draw shall be vested in two persons, one from each bffdge^etc.
city, chosen in accordance with such ordinances as said
cities shall respectively establish ; and until such persons
are chosen the mayors of said cities shall have such care
and management.

Section 9. While the said bridge is in process of [^°™"ify'°°^"
construction the said commissioners from time to time amounts re-

111 ■•/. 1 pi'i quired or each

shall certiiy to the treasurer or each city the amounts city, etc.
required of each city respectively, and the persons to
w^hom said amounts shall be paid ; and each city, wnthin
ten days of the time when said certificates are given, shall
pay to the several parties named in the certificates the
several amounts respectively charged by said commis-
sioners to each city.

Section 10. For the purpose of defraying the cost of Bridge loan,
said bridge and approaches, and paying all expenses and
costs incident thereto, each of said cities, as either may
require, from time to time, may issue scrip or bonds, in
excess of the limit allowed by law, to an amount not
exceeding two hundred thousand dollars, each scrip or ,
bond to be designated on the face thereof. Bridge Loan,
in payment in whole or in part of the expenses and cost
incurred by it under this act. Such scrip or bonds may
bear interest, payable semi-annually, at a rate not exceed-
ing four per cent, per annum, and shall be payable at
such time, not less than ten nor more than forty years
from their respective dates, as shall be determined by
said cities by votes of their respective city councils and
expressed upon the face of the l)onds. Said cities may
sell said scrip or bonds, or any part thereof, from time
to time, or j^ledge the same for money borrowed for the
above purposes ; but the same shall not be sold or pledged
for less than the face value thereof. The provisions of ^•P-,;^; §5 ^°,

n 1 . ^nd 11 to apply.

the tenth and eleventh sections oi chapter twenty-nine
of the Public Statutes shall, so far as applicable, apply
to this act.

Section 11. After the construction of the said bridge Repair of
and approaches the part thereof north of the middle line fo^ d'a^iages/ ^

266

Acts, 1896. — Chaps. 316, 317.

Repair of
bridge, liability
for damages,
etc.

Enforcement,
etc., of pro-
viBions.

of said draw shall be maintained and kept in repair by
the city of Cambridge, and said city shall be liable under
the limitations of law for all damages resulting from and
recovered by reason of any defect or want of repair of
the same ; and the part of the bridge and the approaches
thereto south of the middle line of said draw shall be
maintained and kept in repair by the city of Boston, and
said city shall be lial)le under the limitations of law for
all damages resulting from and recovered by reason of
any defect or want of repair of the same ; and the expense
of operating and keeping in repair said draw shall be
l)orne equally by the said cities.

Section 12. The supreme judicial court or any jus-
tice thereof, and the superior court or any justice thereof,
shall, in term time or vacation, on the petition of any
city, corporation, person or persons interested, or of the
attorney of any such petitioner, have jurisdiction in equity
or otherwise to enforce and prevent the violation of any
of the provisions of this act.

Section 13. This act shall take effect upon its passage.

Approved April 27, 1896.

316 ^'^ -^CT RELATIVE TO THE TRAVELING EXPENSES OF JUDGES AND
REGISTERS OF PROBATE AND INSOLVENCY.

Be it enacted, etc., as foUoivs :

Traveling ex- Section 1. Froui aiid after the first day of January

and registers of in tlic year eighteen hundred and ninety-six there shall

fneoi'vency. 1)0 allowcd and paid by their respective counties, to each

of the judges and registers of probate and insolvency, the

actual and proper traveling expenses incurred by them

in the discharge of their duties in holding courts at other

places than the county seat, upon a certified itemized

statement of such expenses, made by them to the county

commissioners of their respective counties and approved

by said commissioners.

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

Approved April 27, 1896.

Chan.SVI -^^ ^^'^ relative to removals from the REFORMATORY PRISON

FOR WOMEN.

Be it enacted, etc., as follows :

Section 1. Any prisoner who has been transferred
from the industrial school for girls to the reformatory
prison for women may be removed by the commissioners

Chap.

Certain priaon-
ers may be
removed from
reformatory
prison for
women.

Acts, 1896. — Chaps. 318, 319. 267

of prisons from said prison to a house of correction or to
the state farm, in the same manner as removals of other
prisoners are now made from said prison.

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

Approved April 27, 1896.

An Act relative to the filling of vacancies in assistant r/Af/T^SIH

ASSESSORSHIPS FOR THE CITY OF LYNN. "'

Be it enacted, etc. , as follotvs :

Section 1. If any person who is elected assistant Board of assess-
assessor in the city of Lynn fails for any cause to accept tain vacancies.
said office, or any assistant assessor in said city resigns •
or for any cause becomes disqualified for the perform-
ance of the duties of said office, the board of assessors
of said city shall elect some person, a legal resident in
the ward in which said vacancy exists, to act as ward
assessor for the term for which said person was elected.

Section 2. All acts and parts of acts inconsistent RepeaL
herewith are hereby repealed.

Section 3. This act shall take effect upon its passage.

Approved April 27, 1896.

ChapM9

An Act relative to school committees in towns.
Be it enacted, etc., as follows :

Section twenty-six of chapter forty-four of the Public p. 8.44. §26,
Statutes is hereby amended by inserting after the word ^^^^
" committee", in the second line, the words: — and any
town in which Imllots for town officers are provided at
the expense of the town may vote to so change the num-
ber of its school committee at a meeting, other than the
annual meeting, called for the purpose and held thirty
days at least ])efore the annual meeting at Avhich such
change is to become operative, — so as to read as fol-
lows : — Section 26. A town mav, at its annual meet- sehooi commit-

. 1 A • T • • 1 j^i ' 1 f', 11 tees in towns,

ing, vote to increase or dimmish the number oi its school how increased
committee; and any town in which ballots for ^qt^.j^ ""^ '^'n^'"'^*^*"^-
officers are provided at the expense of the towai may
vote to so change the number of its school committee
at a meeting, other than the annual meeting, called for
the purpose and held thirty days at least before the
annual meeting at which such change is to l^ecome opera-
tive. Such increase shall be made by adding one or more
to each class, to hold office according to the tenure of

268 Acts, 1896. — Chaps. 320, 321.

the class to which they are severally chosen. Such dim-
inution shall be made by choosing, annually, such num-
ber as will in three years eftect it, and a vote to diminish
shall remain in force until the diminution under it is
accomplished. Approved April 27, 1896.

CJl(lD.S20 -^^ ^^'^ KELATIVE TO PUBLIC PARKS IN THE CITY OF CAMBRIDGE.

Be it enacted, etc., as folloivs:
Taking of cer- Section 1. If the city of Cambrido-e, under the au-

tain land in »' . ~ . . , ,

Cambridge for tliorlty licretofore granted to it, should deem it advisable
to take and hold for park purposes, and should hereafter
take and hold for park purposes, by purchase or other-
wise, the whole or any part of the land in said city which
is bounded northerly by Western avenue, easterly by
Blackstone street, southerly by land of the Cambridgeport
Diary Company, easterly again by said land last named,
southerly again by the northerly line of Albro street, and
westerly by the westerly line of Ampere street, including
Ampere street, it may thereupon exchange for other land
or lands any land or lands within said territory now owned
or held by it or which it may hereafter for park purposes
take and hold, by purchase or otherwise, including Am-
pere street, upon such terms and agreements and in such
manner as may be mutually agreed upon between said city
and the owner or owners of such lands, or it may sell and
convey the lands so taken and held, or any part thereof.
Sectiox 2. This act shall take effect upon its passage.

Approved April 27, 1896.

(JJian.^2t\. ^^ ^^^ RELATIVE TO RAISING THE GRADE AND CHANGING THE
LOCATION OF THE PROVIDENCE DIVISION OP THE NEW YORK, NEW
HAVEN AND HARTFORD RAILROAD IN THE CITY OF BOSTON.

Be it enacted, etc., as folloivs:

^e^uluiTr °de Section 1 . Thc comuiissioncrs appointed by the supe-

cro88ings in rior coui't, upoii the petition of the directors of the Old
Colony Railroad Company, for the alteration of the grade
crossings of the railroad of that company and Tremont
street in the city of Boston, and subsequently authorized
by chapter four hundred and thirty-three of the acts of
the year eighteen hundred and ninety-two to prescribe
the manner in which all the grade crossings of the main
line of the railroad of said company and highways in the
city of Boston between Chester park and Blakemore

Acts, 1896. — Chap. 322. 269

street should be abolished, or such other commissioners Abolition of
as may be appointed by the court for such })urpose, arc croBslng^sTn*
hereby authorized to consider whether puljlic necessity ^°^^°^'
and convenience require any additional land to be taken
for railroad or highway purposes in connection with the
abolition of such crossings, and if so to prescribe the
limits within which the same may be taken. And said
commissioners are also authorized to prescribe the man-
ner in which the other grade crossings on the Providence
division of the New York, New Haven and Hartford Kail-
road Company in the city of Boston shall be abolished,
and they shall make a supplemental report in regard to
the taking of such additional land and the abolition of
such other crossings. The acceptance of such supple-
mental report shall be a taking of the land required to be
taken for railroad and highway purposes, as therein speci-
fied, and all the provisions of the acts to which this act is
an addition shall l)e applicable to such report and taking,
and to the payment of the expense of making the changes
required thereby, in the same manner as though said
report had been authorized by the acts to which this act
is an addition and had been included in and made a part
of the reports heretofore filed and confirmed.

Section 2. This act shall take eflfectupon its passage.

Approved Ap>ril 27, 1896.

Chajy^.^

An Act making appropriations for the topographical sur-
vey AND map of MASSACHUSETTS, THE MASSACHUSETTS EYE AND
EAR INFIRMARY, AND FOR CERTAIN OTHER EXPENSES AUTHORIZED
BY LAW.

Tie, it enacted, etc., as follows:

Section 1. The sums hereinafter mentioned are ap- Appropriations
propriated, to be paid out of the treasury of the Com-
monwealth from the ordinary revenue, for the purposes
specified in certain acts and resolves of the present year,
and for certain other expenses authorized by law, to
wit : —

For the compensation of judges of probate and insol- "^"(fifa7e°nd
vency, for preparing rules of practice and procedure in insolvency.
courts of probate and insolvency, as authorized by chap-
ter one hundred and ninety-four of the acts of the present
year, a sum not exceeding twenty-five hundred dollars.

For expenses in connection with the funeral of Frederic Funeral of
T. Greenhalge, late governor of the Commonwealth, as Greenhaige.

270

Acts, 1896. — Chap. 322.

War records.

Drawing in
public schools.

Commissioners
on topographi-
cal survey.

Course of
studies for
elementary
schools.

Report of com-
raiesioner of
public records.

Report on
condition of
Charles river.

Liza Hemmen-
way.

Massachusetts
Charitable Eye
and Ear In-
firmary.

Abandoned
farms.

Lunatic hospi
tal at North-
ampton.

authorized by chapter twenty-one of the resolves of the
present year, a sum not exceeding fifteen thousand dollars.

For completing the index of the war records and re-
writing the war record books in the office of the adjutant
general, as authorized by chapter twenty-two of the re-
solves of the present year, a sum not exceeding twenty-
five hundred dollars.

For the publication of an outline of lessons in drawing
for ungraded schools, as authorized by chapter twenty-
three of the resolves of the present year, a sum not
exceeding one hundred and fifty dollars.

For the expenses of the commissioners on the topo-
grapical survey and map of Massachusetts, as authorized
hy chapter twenty-four of the resolves of the present year,
a sum not exceeding fifteen thousand one hundred dollars.

For the publication of a new edition of the course of
studies for elementary schools, as authorized by chapter
twenty-five of the resolves of the present year, a sum not
exceeding two hundred and fifty dollars.

For printing extra copies of the seventh report of the
commissioner of public records, as authorized by chapter
twenty-six of the resolves of the present year, a sum not
exceeding forty-tAvo dollars.

For printing and binding two thousand copies of the
report of the joint board, consisting of the metropolitan
park commission and the state board of health, on the
condition of the Charles river, as authorized by chapter
twenty-seven of the resolves of the present year, a sum
not exceeding two thousand dollars.

For Liza Hemmenway, a member of the Hassanamisco
tribe of Indians, as authorized by chapter twenty-eight
of the resolves of the present year, the sum of three
hundred dollars.

For the Massachusetts Charitable Eye and Ear Infirm-
ary, as authorized hy chapter twenty-nine of the resolves
of the present year, the sum of twenty thousand dollars.

For the collection and circulation of information re-
lating to abandoned farms, as authorized by chapter
thirty-one of the resolves of the present year, a sum
not exceeding one thousand dollars.

For certain improvements at the state lunatic hospital
at Northampton, as authorized by chapter thirty-two of
the resolves of the present year, a sum not exceeding
twenty-five thousand dollars.

Acts, 1896. — Chap. 322. 271

For printing extra copies of the report of the Massa- Report of
chusetts highway commission, as authorized by chapter highway"com!'
thirty-three of the resolves of the present year, a sum ™i"'o°-
not exceeding two hundred and seventy dollars.

For Mary O. Johnson, as authorized by chapter thirty- Maryo.
four of the resolves of the present year, the sum of eight-
een hundred sixty dollars and twenty-two cents.

For additional copies of the report of the board of ^o7and°ian"'
harbor and land commissioners for the year eighteen commissioners.
hundred and ninety-iive, as authorized by chapter thirty-
five of the resolves of the present year, a sum not exceed-
ing one hundred and eighty-two dollars.

For furnishing certain books to the town of Duxl)ury, Books to town
as autliorized by chapter thirty-six of the resolves of the ° "^ "'^^'
present year, a sum not exceeding three hundred and
twenty-six dollars.

For Michael Harran, the sum of thirty-five dollars; Michael Harran
and for the town of Westfield, the sum of ten dollars ; westalid."
said amounts being authorized by chapter thirty-seven
of the resolves of the present year.

For Robert T. Swan, as authorized by chapter thirty- Robert t.
nine of the resolves of the present year, the sum of ^"*°'
fourteen dollars and fifty-six cents.

For furnishing the new buildings of the Medfield insane Medfieid insane
asylum, as authorized by chapter forty-one of the resolvet

asylum.

of the present year, a sum not exceeding thirty thousand
dollars.

For printing additional copies of the report of the Report of
board of registration in medicine, as authorized hy chap- registration
ter forty-two of the resolves of the present year, a sum '° ™«'i''='°e-
not exceeding fifteen dollars.

For erecting in the state house, or on the state house statue of
grounds, an equestrian statue in bronze of the late Major jJ^sl^'p'^hHooke'r.
General Joseph Hooker, as authorized hy chapter forty-
three of the resolves of the present year, a sum not
exceeding fifty thousand dollars.

For clerical assistance in the office of the register of clerical
probate and insolvency for the county of Hampden, as
authorized by chapter two hundred and nineteen of the
acts of the present year, a sum not exceeding six hundred
dollars.

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

Approved April 27, 1896.

272

Acts, 1896. — Chaps. 323, 324.

May authorize
the conveyance
of real estate.

CAax>.323 -^^ ^^'^ "^^ authorize the first congregational church of

NANTUCKET TO SELL ITS LANDS.

Be it enacted, etc. , as follows :

Section 1 . The religious society in Nantucket known
as the First Congregational Church may at any meeting,
in the call for which notice has been given of the object
of the meeting, hy majority vote authorize one or more
persons in its name and behalf to sell and convej'^ any
real estate belonging to it, and any recitals by such per-
sons in the conveyances made by them that they have
been duly authorized to make such conveyances shall be
prima facie evidence of that fact.

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

Approved April 27, 1896.

Ch(Xp.324: An -'^CT to EXTEND THE TIME FOR TAKING LAND FOR A PUBLIC

PARK IN THE CITY OF SOMERVILLE.

1893, 188, § 1,
amended.

May take cer-
tain land for a
public park.

Be it enacted, etc., as follows :

Section 1. Section one of chapter one hundred and
eighty-eight of the acts of the year eighteen hundred and
ninety-three is hereby amended by striking out the word
"three", in the second line, and inserting in place thereof
the word : — six, — so as to read as follows : — Section 1.
The city of Somerville by its city council may, at any time
within six years after the passage of this act, take, main-
tain and hold, in fee or otherwise, and by gift, upon such
conditions as the city council may deem advisable, or by
purchase or otherwise, for the purpose of a public park,
Wyatt's pit, so-called, located in ward two of said city
and near to and southerly of Washington street, and near
to and southwesterly of the Fitchburg railroad, and so
much as said city council shall from time to time deem
advisable, of the lands comprised within said Wyatt's pit,
or adjacent thereto or in the vicinity thereof, and com-
prised within the tract containing one hundred fifty-four
thousand four hundred square feet, more or less, now or
formerly owned by the North Packing and Provision
Company and Charles Linehan, and within the tract
containing two hundred thirty-six thousand three hun-
dred and ninety square feet, more or less, and formerly
owned by Daniel A. Sanborn and known as the Sanborn
field.

Acts, 1896. — Chap. 325. 273

Section 2. Section four of said chapter one hundred i893.j88,§4,

. A amended.

and eighty-eight is hereby amended ])y striking out the

words "laying out or maintaining", in the second line,

and inserting in place thereof the words: — or laying

out, — so as to read as follows : — Section 4. No money no money to be

shall be appropriated at any time for the taking, pur- excJpfupon'two

chasing or laying out of said park, except upon a two city'lrouncu?^

thirds vote of each branch of the city council, taken liy

yea and nay.

Section 3. This act, except as provided in the fol- uponaccepu'
lowing section, shall not take effect unless accepted l)y '*°'=''-
said city of Somerville upon a majority vote of each branch
of the city council, taken hj yea and nay.

Section 4. So much of this act as authorizes the sub- submission of
mission of the question of its acceptance to the city coun- acceptance.
cil of Somerville shall take effect upon its passage.

Approved April 27, 1896.

As Act to authorize the city of lowell to incur indebted- (^Jjrfrt SS't!

NESS BEYOND THE LIMIT FIXED BY LAW, FOR THE PURPOSE OF
ERECTING NEW SCHOOL BUILDINGS.

Be it enacted, etc., as follotvs :

Section 1. The city of Lowell, for the purpose of May incur in.
purchasing land and erecting thereon new school build- yond debt limit,

. ••1-j. • 'iiji J . issue bonde, etc.

mgs in said city, may incur indebtedness to an amount
not exceeding two hundred thousand dollars beyond the
limit of indebtedness fixed l)y law for said city, and may
from time to time issue negotiable notes, bonds or scrip
therefor, properly denominated on the face thereof, and
signed by its treasurer and countersigned by its mayor,
payable in periods not exceeding thirty years from the
date of issue, and bearing interest at a rate not exceeding
four per cent, per annum.

Section 2. The provisions of chapter twenty-nine p. 8.29, etc.,
of the Public Statutes and of chapter one hundred ^° ''^^'^'
and twenty-nine of the acts of the year eighteen hun-
dred and eighty-four shall otherwise apply to the issue
and sale of such bonds, notes or scrip, and to the es-
tablishment of a sinking fund for the payment thereof at
maturity.

Section 3. Tliis act shall take effect upon its passage.

Approved Apjril 27, 1896.

274 Acts, 1896. — Chaps. 326, 327, 328.

Ghap.^'2iQ -^N Act relative to extra clerical assistance in the office

OF THE TREASURER AND RECEIVER GCENERAL OF THE COMMON-
WEALTH.

Be it enacted., etc. , as follows :

^fseilunce"*'"' Section 1 . TliG treasurer and receiver general of the
Commonwealth may expend for such extra clerical assist-
ance in his office as may be necessary for the proper
despatch of })ublic business, a sum not exceeding twenty-
five hundred dollars a year, in addition to the amounts
now authorized by law.

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

Approved April 27^ 1896.

Chap.i^^/T A^ -^CT TO IMPOSE A PENALTY FOR REFUSAL TO MAKE REPORTS
OR FOR MAKING FALSE REPORTS TO THE BOARD OF COMMISSIONERS
OF SAVINGS BANKS.

Be it enacted, etc., as follows:

makiDf false ^"7 officcr, agcut, clcrk or servant of a corporation,

BtatemeDt, etc., yyj^Q refuscs or neo'lects to make any report or statement
ers of savings lawfuliy required by the Doard ot commissioners of sav-
ings l)anks, or who knowingly makes a false report or
statement to such board, shall be punished by imprison-
ment in the house of correction for a term not exceeding
three years, or by fine not exceeding one thousand dol-
lars, or by both such fine and imprisonment.

Approved April 27, 1896.

Chan.32S -^^ ■^^'^ '^^ authorize the sale of a meeting house AND

GROUNDS IN THE TOWN OF DOUGLAS.

Be it enacted, etc., as folloics:

uhfiaud wiih Section 1. The owners of the tract of land, with a

in"'et'c^""'^" church Ijuilding thereon, situated on the south side of

Main street in the village of P^ast Douglas in the town of

Douglas, bounded and described in a deed from Nahum

Legg to Parley Brown and Caleb Legg, dated on the

eighteenth day of June in the year eighteen hundred and

forty-two and recorded in l)ook three hundred and seventy,

page two hundred and seventy-three, of Worcester land

records, may sell and convey the same free and discharged

from all trusts, and shall give the proceeds to the New

England Conference of the Methodist Episcopal Church.

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

Approved April 27, 1896,

Acts, 1896. — Chaps. 329, 330, 331. 275

An Act to extend the provisions of an act authorizing the r^i qoq

TOWN OF "WHITMAN TO TAKE AN ADDITIONAL WATER SUPPLY. -^ *

Be it enacted, etc. , as follows :

Section 1. The provisions of chapter four hundred ex°endl°d^
and forty-two of the acts of the year eighteen hundred
and ninety-three are hereby extended for the period of
three years from and after the ninth day of June in the
year eighteen hundred and ninety-six.

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

Approved April 27, 1896.

An Act making an appropriation for dredging m boston Oltftrt SSO

HARBOR. "'

Be it enacted, etc., as follotvs :

Section 1. The sum of one hundred and fifty thou- Dredging in
sand dollars is hereby appropriated, to be paid out of the Boston harbor.
treasury of the Commonwealth, to be expended by the
board of harbor and land commissioners in connection
with the income of the Harlior Compensation Fund, in
deepening l)y dredging such areas in Boston harl)or lying
below the bridges and between the main ship channel and
a line fifty feet outside of the harbor line, as said board
may deem wise and proper.

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

Approved April 28, 1896.

An Act to provide clerical assistance for the clerk of r^-i oo-i

THE police court OF SPRINGFIELD. ^ '

Be it enacted, etc. , as folloivs :

Section 1. The clerk of the police court of Spring- clerical
field shall be allowed for clerical assistance, upon his "*"^'^'"=®-
certificate that the work was actually performed and was
necessary, with the time occupied and the names of the
persons by whom the work was performed, such sums,
not exceeding three hundred dollars in any one year, as
the county commissioners for the county of Hampden,
by a writing signed by them, approve. Said sums shall
be paid from the treasury of said county monthly to the
person or persons employed.

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

Approved April 28, 1896.

276

Acts, 1896. — Chaps. 332, 333.

Chau 332 ^^ ^'^'^ relative to the licensing and regulating of stables

"' IN CITIES

Be it enacted, etc. , as follows :

Section 1. Section one of chapter two hundred and
thirteen of the acts of the year eighteen hundred and
ninety-five is hereby amended by striking out in the
third line, the word "fifty", and inserting in place
thereof the word: — twenty-five, — so that said section
as amended will read as follows: — Section 1. No per-
son shall hereafter erect, occupy or use for a stable any
building in any city whose population exceeds twenty-five
thousand, unless first licensed so to do by the board of
health of said city, and in such case only to the extent
so licensed.

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

Approved April 28, 1896.

1895, 213, § 1,
amended.

The erection,
etc., of Btables
in certain cities
regulated.

Chap

The Union
Society and
Salera Street
Society of
Worcester
may unite.

Union Society
of the City of
Worcester,
powers,
privileges, etc.

First meeting.

^^^ An Act to authorize the union society and the salem street
society of the city of worcester to unite.

Be it enacted, etc. , as folloios :

Section 1 . The Union Society of the city of Worces-
ter and the Salem Street Society of said city are hereby
authorized to unite with each other, upon such terms as
have been or may be mutually agreed upon by the vote
of said corporations at meetings called for that purpose ;
and such votes so passed by said corporations respec-
tively shall be efiectual to unite said corporations within
the intent and meaning of this act.

Section 2 . The name of the united corporation author-
ized by this act shall be the Union Society of the City of
Worcester, and said corporation shall have and enjoy all
the franchises, powers, privileges, property and rights
of every kind belonging to the said Union Society and
the said Salem Street Society, or either of them, and shall
assume and be subject to all the duties, debts and liabili-
ties of said corporations, or either of them, and shall be
subject to all general laws which now are or hereafter
may be in force relating to religious corporations.

Section 3 . The first meeting of the corporation hereby
authorized to be established, for the purpose of organiz-
ing said corporation by the adoption of by-laws and the
election of officers, may be called by the chairmen of the

Acts, 1896. — Chap. 334. 277

standing committees of said existing corporations, or by
any two of them, and notice shall be given of the time
and place of said meeting by posting up a copy of said
call ui)on the principal outer door of the meeting house
of each of said existing corporations seven days at least
before the day of said meeting ; and a certificate, signed
and sworn to by said chairmen and recorded by the clerk
of said united corporation upon its book of records that
such notice was given shall be evidence thereof.

Section 4. The books of record and other books and Record ''itc
papers of said existing corporations shall be and remain
the property and under the control of said united cor-
poration. A certified copy of the vote of each of said etc^^t°^i,e°'^'
existing corporations, agreeing to the union authorized recorded,
by this act, and a certificate of the organization of the
corporation hereby authorized, signed by the presiding
and recording officers, shall be recorded in the Worces-
ter district registry of deeds, and said record shall be
evidence of the establishment of said united corporation.

Section 5. This act shall take effect upon its passage.

Approved Ajyril 28, 1896.

An Act relative to the weekly payment of wages by con- QJinj) 334

TRACTORS.

Be it enacted, etc., as follows :

Section 1 . Section one of chapter four hundred and 3^5^,^^^' ^ ^'
thirty-eight of the acts of the year eighteen hundred and
ninety-five is hereby amended l)y inserting after the word
"to", in the fourth line, the words: — all contractors
and to, — also by inserting after the word "such", in the
eighth line, the word : — contractors, — so that the section
as amended will read as follows : — Section 1. Sections weekiy pay-
fifty-one to fifty-four, inclusive, of chapter five hundred ™y contrraors,
and eight of the acts of the year eighteen hundred and
ninety-four, relative to the weekly payment of wages by
corporations, shall apply to all contractors and to any
person or partnership engaged in this Commonwealth in
any manufacturing business and having more than twenty-
five employees. And the word "corporation", as used
in said sections, shall include such contractors, persons
and partnerships.

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

Ai^proved April 28, 1896.

etc.

278 Acts, 1896. — Chaps. 335, 336, 337, 338.

ChaD,SS5 -'^^ ^^^ '^^ AUTHORIZE THE APPOINTMENT OF AN EXAMINER FOR

THE INSURANCE DEPARTMENT.

Be it enacted, etc., as folloios :

misBio^'nei^may' Section 1. The iusurance commissioner is hereby
appoint an authorizetl to appoint, in the same manner in which

examiner. ' • r. -i ^

under the provisions of law he may appoint a deputy
commissioner, an examiner for the insurance department,
at an annual salary of two thousand dollars.

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

Approved April 28, 1896.

njian.SSQ -^N -^CT MAKING AN APPROPRIATION FOR CONTINUING THE WORK

OF EXTERMINATING THE GYPSY MOTH.

Beit enacted, etc., as follows:

Extermination Section 1 . The sum of tell tliousand dollars is 'hereby
moth. ■ appropriated, to be paid out of the treasury of the Com-

monwealth from the ordinary revenue, to be expended
under the direction of the state board of agriculture for
continuing the work of extermination of the gypsy moth.
Section 2. This act shall take effect upon its passage.

Approved April 28, 1896.

Chap.mi

An Act providing for a clerk for the district court of
eastern hampden.

Be it enacted, etc., as follows :

Clerk of district Section 1. There shall be a clerk of the district

court of eastern tt i i i 11

Hampden. coui't of castcm Hampden, who shall receive an annual
salary of live hundred dollars from and after the first day
of April in the year eighteen hundred and ninety-six.
Section 2. This act shall take effect upon its passage.

Approved April 28, 1896.

GhcW.SSS ^^ ^^^ RELATIVE TO ACCIDENTS FROM GAS OR ELECTRICITY.

Be it enacted, etc., as follows :

dints'causcd b SECTION 1. The chicf of police in any city or town
gas or electricity aud the mcdical examiner in any district in which a per-
to gas and eiec- SOU, corporatioii or municipality is engaged in the busi-
missioners?'"' ucss of manufacturing and selling gas or electricity for
lighting or for fuel, shall make a written report to the
board of gas and electric light commissioners of every

Acts, 1896. — Chaps. 339, 340. 279

accident caused by the gas or electricity manufactured or
supplied by such person, corporation or municipality,
whereby any person shall sufler bodily injury or loss of
life or be rendered insensible, stating the time, place and
circumstances of the accident. Such report shall l)e made
hy the chief of police within twenty-four hours and by
the medical examiner within seven days after notice of
said accident.

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

Approved April 28, 1896.

Chap^m

An Act to prevent immokal shows and entertainments.
Be it enacted, etc., as follows :

Section 1. Whoever in connection with any show or penalty for
entertainment, whether pul)licor private, either as owner, griphfeu!°°'
manager or director, or in any other capacity, uses or o^b^gc^e "^1™.
causes or permits to be used, a phonograph or other con- "^^^^ language,
trivance, instrument or device, which utters or gives forth
any profane, obscene or impure language, shall be pun-
ished by a fine not exceeding five hundred dollars, or by
imprisonment in the house of correction or jail not ex-
ceeding one year, or ])y ])oth such fine and imprisonment.

Section 2. Whoever as owner, manager, director, Penalty for
agent, or in any other capacity, prepares, advertises, et^J.^nTn"^'
gives, presents or participates in any ol)scene, indecent, llTdecent show.
immoral or impure show or entertainment, or in any
show or entertainment manifestly tending to corrupt the
morals of youth, shall be punished by a fine not exceed-
ing five hundred dollars, or by imprisonment in the jail
or house of correction not exceeding one year, or by both
such fine and imprisonment.

Section 3. This act shall take effect upon its passage.

Approved April 28, 1896.

ChapMO

An Act to authorize the city of newton and the tom^n of
brookline to make contracts for the disposal of sewage.

Be it enacted, etc., as foUovjs :

Section 1. The town of Brookline and the city of Difposaiof

. -J sewage from

Newton are hereby authorized and empowered to enter Newton into
into any contracts, upon such terms as may be mutually sewers of
agreed upon, for the disposal of sewage from said city of
Newton into and through the sewers of said town of
Brookline ; and when such contracts have been duly made

280

Acts, 1896. — Chaps. 341, 342.

To rebuild
bridge over
Taunton Great
River between
Dlghton and
Berkley, etc.

and executed said city of Newton is hereby authorized to
dispose of its sewage into and through said sewers of the
town of Brookline.

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

^^^7-0^6^ April 28, 1896.

OAft».341 A^ -^CT TO PROVIDE KOR REBUILDING THE BRIDGE OVER TAUNTON
GREAT RIVER BETWEEN DIGHTON AND BERKLEY.

Be it enacted, etc. , as follows :

Section 1. The county commissioners of the county
of Bristol are hereby authorized and required to rebuild
the liridge over Taunton Great River, between the towns
of Dighton and Berkley in said county, and to replace the
bridge there now existing with an iron or steel structure,
and with a suitable and convenient draw for the passage
of vessels ; and said commissioners after due public
notice and hearing may assess the cost thereof upon said
county and such cities and towns therein as in their
judgment derive a special benefit therefrom, or they may
assess the whole cost of the same upon said county if
deemed by them just and reasonable ; and after said
bridge has been reconstructed the cost of maintaining
and repairing the same and of tending the draw shall be
paid by said covinty, or hy such cities and towns therein
as said commissioners shall determine, or partly by said
county and by said cities and towns, and in such pro-
portions as said commissioners shall determine. All
work done under this act shall lie subject to the pro-
visions of chapter nineteen of the Public Statutes.

Section 2. The county commissioners of said county
are authorized to borrow on the credit of said county a
sum not exceeding twenty-live thousand dollars, for the
purpose of carrying into effect the provisions of this act.

Section 3. This act shall take effect upon its passage.

Approved April 28, 1896.

C7iap.S4:2 ^ Act RELATIVE TO LEGISLATIVE COUNSEL AND AGENTS.

Be it enacted, etc., as folloios :

Section 1. Legislative counsel and agents who are
required by section one of chapter four hundred and fifty-
six of the acts of the year eighteen hundred and ninety,
or ])y any acts in addition thereto or in amendment
thereof, to have their names entered upon the legislative

Subject to
P. 8. 19.

To borrow
on credit of
county.

Legislative
counsel and
agents to tile
written autbori-
zation to act.

Acts, 1896. — Chaps. 343, 344. 281

docket, shall file with the sergeant-at-arms of the general
court, within ten days from the date of making such
entry, a written authorization to act as such counsel or
agents, signed by the person or corporation for whom
they claim to act.

Section 2. Any legislative counsel or agent who fails Penalty,
to comply with the provisions of this act shall l)e fined
not more than one thousand dollars, or shall be declared
by the court trying the case to be disqualified from acting
as legislative counsel or agent for the period of three
years, or may be punished by both such fine and disquali-
fication.

Section 3. It shall be the duty of the attorney-gen- ProBecutions.
eral, upon information thereof, to institute prosecutions
for the violation of the provisions of this act.

Ajyproved April 28, 1896.

An Act regulating the placing of traversing machinery f^Jfr/iry S4S

IN COTTON factories. ■^'

Be it enacted, etc., as folloivs :

Section 1. No traversing carriage of any self-acting uee of travers-
mule in any cotton factory shall be allowed to travel in^co?ron facto.
within twelve inches of any pillar, column, pier or fixed r^es regulated.
structure, provided that this section shall only apply to
factories erected after the passage of this act.

Section 2. K the provisions of this act are violated Penalty,
in any such cotton factory the owner of such factory shall
be punished liy a fine of not less than twenty dollars nor
more than fifty dollars for each offence.

Approved April 28, 1896.

Chap.dU

An Act to provide for the punishment of convicts who

WILFULLY destroy PROPERTY AT THE STATE PRISON, REFORMA-
TORIES AND HOUSES OF CORRECTION.

Be it enacted, etc., as folloivs:

If a convict in the state prison, the reformatory prison Penalty for
for women, the Massachusetts reformatory, or any house efc./of"property
of correction, wilfully or wantonly destroys or injures the ^y '=°°'"'='*-
property of the Commonwealth, or of any county, or the
property of any person who furnishes materials for
the employment of the prisoners in any of said institu-
tions, such convict may he })unished by imprisonment for
not less than six months nor more than three years.

282 Acts, 1896. — Chaps. 345, 346.

Offences under this act committed in the state prison
shall be punished by imprisonment therein, and offences
committed in the reformatory prison for women, the
Massachusetts reformatory or any house of correction,
shall be punished by imprisonment in the house of correc-
tion. Apinoved April 28, 1896.

Chap.34:5

An Act relative to state highways.
Be it enacted, etc., asfollovjs:
Construction, SECTION 1 . Whcu a highway is laid out as a state road
highways. tlic Massacliusctts highway commission shall construct
and maintain that portion of the way between the inside
Sidewalks. Knes of sidewalks upon either side. The sidewalks of
said road may be constructed and maintained in accord-
ance with the Public Statutes and amendments thereto,
and the provisions of section six of chapter four hundred
and ninety-seven of the acts of the year eighteen hundred
and ninety-four shall only apply to that portion of the
way between the inside lines of sidewalks. The inside
lines of sidewalks referred to in this section are those
lines which are nearest to the centre of the highway.
bfkep°deVr°of Sp^ction 2. A city or town in which a state road lies
snow and ice, shall at its owu cxpcnsc keep such road sufficiently clear
of snow and ice so that the same shall be reasonably safe
for travel, as now required by the Public Statutes and
amendments thereto.
Copy of Section 3. Instead of filing the original petition with

petition may . . ~ or

be filed with tlic couutv commissioucrs, as now required by section

county com- r. i , p i in i-j />j^i

miBsioners. two 01 chapter louT hundred and ninety-seven oi the
acts of the year eighteen hundred and ninety-four, it
shall hereafter be suflicient to file a copy thereof with
said county commissioners.

Section 4. This act shall take effect upon its passage.

Approved April 28, 1896.

Chap.34Q An Act relative to the bonds of treasurers of mandfactur-

ING AND other CORPORATIONS.

Be it enacted, etc. , as follows :

wnainboSds. Section 1. Whenever, under the provisions of section
twenty-six of chapter one hundred and six of the Public
Statutes, it becomes necessary for the treasurer of a manu-
facturing or other corporation subject to the provisions
of said chapter and of acts amendatory thereof, to give

Acts, 1896. — Chaps. 347, MS. 283

bond for the faithful discharge of his duty, he may give
a bond in which any company organized under the laws
of this state, or chartered l^y any other state or govern-
ment, to transact fidelity insurance or corporate surety-
ship, and authorized to do business in this Common-
wealth, may be surety, or may be jointly and severally
bound with such treasurer or with any other officer or
employee. Such bond shall be in a form to l)e approved
by the commissioner of corporations, and an attested
copy thereof, with a certificate of the custodian that the
original is in his possession, shall be filed with the com-
missioner of corporations.

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

Approved April 28, 1896.

Form of bond
to be approved.

Chap.Ml

amended.

An Act relative to the salary of the lieutenant governor.
Be it enacted, etc., as foUoivs:

Section 1 . Section two of chapter fifteen of the Public p. s. is, § 2,
Statutes is hereby amended by adding at the end of said
section the following : — provided, that if the office of gov-
ernor shall be vacant for any cause for a period of more
than thirty days the salary of the lieutenant governor
shall be at the rate of eight thousand dollars per year
during the time he shall perform the duties of governor
by reason of such vacancy.

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

Ajyproved April 29, 1896.

Chap.S^S

An Act relative to service medals in the militia.

Be it enacted, etc., as foUoivs :

Section 1 . Any officer or enlisted man in the militia Mmtia service
who has completed, or who hereafter completes, nine ™* **'
years' honoral)le service in said militia, whether continu-
ous or otherwise, shall be allowed a medal, and for each
additional five years' like service he shall be allowed a
bar or clasp.

Section 2. Section one hundred and twenty-seven of amended ^^^^'
chapter three hundred and sixty-seven of the acts of the
year eighteen hundred and ninety-three is hereby amended
by striking out the last sentence of said section, namely :
— " Any officer or enlisted man in the militia service on
the first day of January in the year eighteen hundred and
ninety-one, who had rendered nine years' honorable ser-

284

Acts, 1896. — Chaps. 349, 350.

vice, and any officer or enlisted man thereafter completing
a like service, shall be allowed a medal, and for each
additional live years' like service theretofore or there-
after rendered he shall be allowed a bar or clasp."

Section 3. This act shall take effect upon its passage.

Approved May i, 1896.

Ch(HJ.34:Q -^^ -^^"^ '^*^ CONFIRM THE PROCEEDINGS OF THE ANNITAE TOWN

MEETING OF THE TOWN OF SHIRLEY.

Proceedings of
town meeting
of Shirley con-
tinued.

Be it enacted, etc., as follows :

Section 1. The proceedings of the annual town meet-
ing of the town of Shirley, held on the sixteenth day of
March in the year eighteen hundred and ninety-six, shall
not be invalid by reason of the omission in the warrant
calling such meeting of a specific article for acceptance
of tow^n by-laws.

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

Ajyproved May 1, 1896.

Ckap.350 An Act to provide additional accommodation for the courts

OF THE county OF WORCESTER, SITTING AT WORCESTER.

To erect an
addition to
county court
house at
Worcester.

Plans, etc., to
be approved.

Be it enacted, etc., as follorvs :

Section 1. The county commissioners of the county
of Worcester are hereljy authorized to provide additional
accommodations for the several courts of said county sit-
ting at Worcester, by the erection of an addition to the
present county court house in said city. The expense
incurred for building said addition, including the amount
expended for land, shall not exceed the sum of three hun-
dred and fifty thousand dollars ; and said commissioners
shall make no contracts calling for a larger expenditure,
in the aggregate, for said purpose than the amount herein
specified.

Section 2. No contracts shall be made for the con-
struction of said building until plans, together with de-
tailed estimates of cost from reliable parties, who are
willing and prepared to furnish bonds with satistactory ■
sureties for the actual performance of the work and the
furnishing of the materials for the amounts specified in
said estimates, have been submitted to a board to con-
sist of the judge of probate, the clerk of courts and the
county treasurer for the county of Worcester, and ap-
proved by said board. And such approval shall not be

Acts, 1890. — Chap. 350. 285

given to any plans so submitted until said board is fully
satisfied that the cost of the building, together with the
cost of land, will not exceed the amount of three hundred
and fifty thousand dollars.

Section 3. The county commissioners after said plans to advertise for
have been so approved shall advertise for proposals for woTk" ac/*"^
said work. Such advertisements shall be published in
at least two daily newspapers in the city of Boston, and
in at least two daily newspapers in the city of Worcester,
for at least two weeks successively prior to the time
specified therein for opening said proposals ; and said
proposals shall not specify any particular party or parties
from whom the person receiving the contract shall pur-
chase his materials. The contracts for said work shall Awarding of
be awarded to the lowest responsible bidder, but shall not
be so awarded by the county commissioners until said
contracts have been approved by the board provided for
in section two of this act, said boards having the riijht
to reject any or all bids.

Section 4. At the end of every contract awarded clause to be
under this act shall be inserted the following clause : — every contract.
But said party of the second part shall not receive any
sum in addition to the sum named in this contract for
any additional work done or material furnished, or for
any other matter or claim whatever, unless, before the
additional work or material or matter of the claim shall
be done or furnished, the board constituted by chapter
three hundred and fifty of the acts of the year eighteen
hundred and ninety-six shall first approve the same and
the additional sum or sums to be paid therefor.

Section 5. Said county commissioners are hereby May take land,
authorized to take and hold, by purchase or otherwise, ^l^^"*^ °^ "^"y-
such land, rights of way and easements as they may deem
necessary in the city of Worcester adjoining, or in the
immediate vicinity of, the land on which the court houses
now standing in the city of Worcester are located, for
the purpose of erecting new buildings thereon for the
accommodation of the courts of the Commonwealth and
for county offices and purposes.

Section 6. Said commissioners shall, within sixty Description of
days after the taking of any land, right of way or ease- 1-ecorded.' '° ^^
ments under this act, otherwise than by purchase, file and
cause to be recorded in Worcester district registry of
deeds a description thereof sufficiently accurate for iden-

286

Acts, 1896. — Chap. 350.

Damages.

Payment of
expenssB, etc.

Receiving of
certain bids to
be authority
to borrow
money, etc.

tification, with a statement of the purpose for which the
same were taken, signed by said county commissioners ;
and the title of the lands so taken shall vest in said county
in fee.

Section 7. Said county shall pay all damages sus-
tained by any persons in their property by reason of
such taking ; and if any person sustaining damage and
said commissioners fail to agree as to the amount of
damages so sustained, said person or said commissioners
may, within one year from such taking, file in the office
of the clerk of the superior court for said county of
Worcester a petition for a jury to determine such dam-
ages ; and thereupon, after such notice as said court shall
order, the damages shall be determined by a jury in said
court, in the same manner as damages for lands taken for
highways in the city of Worcester, and costs shall be
taxed as in civil cases.

Section 8. In order to meet the expenses incurred
under this act the county commissioners may borrow, on
the credit of said county, a sum not exceeding three hun-
dred and fifty thousand dollars. The indebtedness so
incurred by said county shall be paid out of the amounts
received for taxes, as follows : Fifteen thousand dollars
in the years eighteen hundred and ninety-seven, eighteen
hundred and ninety-eight, eighteen hundred and ninety-
nine and nineteen hundred, and forty thousand dollars in
each subsequent year, until the whole indebtedness is
paid.

Section 9. The receiving by the county commission-
ers of bids from responsible parties for the complete con-
struction of the building authorized under this act, within
a sum which with the cost of the land purchased under
this act shall not exceed the sum of three hundred and
fifty thousand dollars, shall be a condition precedent to
the authority of said commissioners to borrow money
under this act, except for procuring plans and specifica-
tions and for the purchase of land, as provided in section
five of this act.

Section 10. This act shall take eflect upon its passage.

Approved May i, 1896.

Acts, 1896. — Chaps. 351, 352, 353. 287

An Act to legalize the proceedings of certain town offi- fj^^^ qki

CERS of the town OF ESSEX. -^*

Be it enacted, etc., as follows:

Section 1. The action of the selectmen of the town Proceedings of
of Essex in tilling the vacancy in the office of the town clerk officer o°f'E88ex
of said town, occurring in the year eighteen hundred and '^saiized.
ninety-five, and the acts of the board of registrars of
voters of which said town clerk, appointed to fill said
vacancy, was a member, shall not be invalid by reason
of any failure to comply with the provisions of section
twenty-eight of chapter four hundred and seventeen of
the acts of the year eighteen hundred and ninety-three,
relative to political representation on boards of regis-
trars of voters.

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

Approved May 1, 1896.

An Act to authorize the west roxbury and roslindale street (^Jff,.^^ ^^9

RAILWAY COMPANY TO EXTEND ITS RAILWAY. -^

Be it enacted, etc., as follows:

Section 1. The West Roxlmry and Roslindale Street May extend its

., ^^ ,, .., railway into

Railway Company may extend and operate its railway Dedham.etc.
into and through the town of Dedham, with all the powers
and })rivileges and subject to all the duties, lialiilities
and restrictions which now are or hereafter may be in
force relating to street railways.

Section 2. Said company may construct and operate May acquire
its railway over private property with the consent of the '"°''' ^"^'
owners of said property, and may acquire land by purchase
or lease for such purpose.

Section 3. This act shall take efiect upon its passage.

Approved May 1, 1896.

Cha2y.S53

An Act to establish the district court of franklin.
Be it enacted, etc., as follows:

Section 1. The several towns in the county of Frank- District court of
lin shall constitute a judicial district under the jurisdiction
of a court, to be called the District Court of Franklin.

Section 2. There shall be one justice, two special fj"J'"'=^*' '''®''^'
justices and a clerk of said court. The justice shall
receive from the county of Franklin an annual salary of
fifteen hundred dollars, and the clerk an annual salary

288

Acts, 1896. — Chap. 354.

Sittings of
cuurt.

Clerk need not
attend certain
eessions, etc.

First Bession,
etc.

of seven hundred dollars. The justice, special justices
and clerk shall be severally allowed their travelling ex-
penses necessarily incurred when holding sessions of said
court out of the towns where they severally reside, to
be audited and allowed by the county commissioners of
said county.

Section 3. Sittings of said court for criminal business
shall be held daily, except on Sundays and legal holidays,
at Greenfield, at Orange, at Turners Falls in the town of
Montague, at Shelburne Falls in the town of Shelburne,
or in the town of Buckland, or at either or any two or
more of said places, as public convenience may require.
Sittings of said court for the transaction of civil business
shall be held at Greenfield on the first Saturday of each
month, at Orange on the second Saturday of each month,
at Shell)urne Falls aforesaid on the third Saturday of each
month, and at Turners Falls aforesaid on the fourth Sat-
urday of each month.

Section 4. The clerk of said court need not attend
its sessions held in any other place than Greenfield, unless
requested to do so by the justice. When said clerk is
not in attendance the justice shall keep a record of the
proceedings had before him, which he shall transmit to
said clerk, to be entered by him upon the docket and
records of said court. Said justice shall also account
with and pay over to said clerk all fines, costs and fees
received by him.

Section 5. The first session of said court shall be
held on the first day of Jul}^ in the year eighteen hundred
and ninety-six ; liut nothing herein shall affect any suit
or other proceeding begun prior to said first day of July.
All the provisions of law applicable to district courts shall
apply to said court.

Section 6. This act shall take effect upon its passage.

Approved May 1, 1896.

Ch(ip.S54: ■^'^ -^CT TO AUTHORIZE THE TOWN OF PEABODY TO SELL A POR-
TION OF ITS PUBLIC PARK.

Certain parcel
of land may be
conveyed to
William Per-
kins, etc.

Be it enacted, etc., as foUoivs :

Section 1. The inhabitants of the town of Peabody
are hereljy authorized and empowered to sell and convey
to William Perkins, second, of said Peabody, in fee
simple and free from all trusts, a parcel of land situated

Acts, 1896. — Chap. 355. 289

in said Peabody, hereinafter described, and beino; a part certiiin parcel

,, ., , ,. *^ , ,, • 1 , • I f , of land may be

oi the public park or said town, m exchange tor another conveyed to
parcel of land situated in said town and adjoining said kins, etc.
park, to be conveyed by said Perkins to said town as and
for a part of said park ; the portion of said park to be
conveyed by said town to said Perkins being bounded
and described as follows, namely : Beginning at the
southerly corner thereof, by the wall at a stake at land
formerly of Upton, and thence running northeasterly and
northerly by said wall and said Upton land, three hun-
dred and four feet to a stake at land of Perkins ; thence
running northwesterly in a direct line by land of Perkins,
one hundred and fifty feet to a stake at land of Perkins ;
thence running southwesterly by land of Perkins, one
hundred and three feet to a stake ; thence running in a
direct line south sixteen and one fourth degrees east, by
compass, three hundred and ninety-three feet to the point
of beginning ; containing thirty-two thousand one hun-
dred and eighty square feet, and being part of the land
conveyed to said town by Mary S. Walker and others by
deed dated the seventh day of May in the year eighteen
hundred and ninety-five, recorded with Essex south dis-'
trict deeds, in l)ook fourteen hundred and forty-six, page
two hundred and sixty.

Section 2. This act shall take eft'ect upon its passage.

Approved May 1, 1896.

Cha2J.o55

An Act relative to appeals jjy mdnicipal corporations.

Be it enacted, etc., as folio ivs :

Section 1. Section twenty-nine of chapter one hun- p. s. 155. §29,
dred and fifty-five of the Pul>lic Statutes is hereby amended ''""''"^'"^■
by adding at the end thereof the words : — provided, /loic-
ever, that if any such appeal is taken by a county, city
or other municipal corporation, no bond or recognizance
shall be required, — so that said section as amended will
read as follows : — Section 29. No appeal from a judg- Appellant to
ment of a trial justice, in any civil action or proceeding, ex- cenaln'casel of
cept actions under chapter one hundred and seventy-five, ^^dgmelu or
shall be allowed, except as provided in the four following trial juBtice.
sections, unless the appellant within twenty-four hours
after the entry of judgment recognizes to the adverse party
with sufficient surety or sureties, to be approved by the
adverse party or by the justice, in a reasonable sum to

290 Acts, 1896. — Chaps. 356, 357.

be fixed by the justice, or approved by the adverse party,
with condition to enter and prosecute his appeal with
effect, and to satisfy, within thirty days of the entry
thereof, any judgment which may l)e entered against him
Provisos. jn ii^Q superior court upon said appeal for costs : pro-

vided, that the justice may for cause shown extend the time
for recognizing. In determining the sufficiency of the
sureties upon such recognizance, the justice may examine
upon oath the persons offered as sureties and all other wit-
nesses produced l^y either party ; provided, however, that if
any such appeal is taken by a county, city or other munici-
pal corporation, no bond or recognizance shall l)e required.
Section 2. This act shall take effect upon its passage.

Ap-proved May 1, 1896.

njian.^5(j ^^ -^^'^ '^^ REQUIRE GAS AND ELECTRIC LIGHT COMPANIES TO KEEP

UNIFORM STATION RECORDS.

Be it enacted, etc. , as foUoios :

^f'^g^afand"^"* Section 1. Commcucing on the first day of July in
electricity for i\^q year eis^htecn hundred and ninety-six every person,

lighting to keep "^ . ~ . . ,. i • i /•

certain records, corporatiou or municipality engaged in the maniihicture
or sale of gas and electricity for lighting shall keep such
records of its work and doings at its manufacturing sta-
tion, and in respect to its distributing plant, as the board
of gas and electric light commissioners may from time to
time require ; and said records shall be in such form as
may l)e prescribed by said l)oard.

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

Approved May 1, 1896.

njiar).357 -^^ -^^^ RELATIVE TO THE EXPENDITURE OF MONEY BY COUNTIES.

Be it enacted, etc., as foUoivs :
Expenditure of SECTION 1. The expenditure of money l)y the several

niocey by ■*■ •/ «/

counties to be countlcs shall bc authorized annually by law, and the

annually by purposcs for wliicli such expenditures may be made shall

law, etc. 1^^ specified in detail in said law. No expenditure for

any purpose shall l)e made in excess of the amount so

specified and no bill in excess of such amount shall .be

paid by the county treasurer, except as herein provided.

Payment of Section 2. Whenever any ap]:)ropriation for interest

certain debts t ^ t n <• j • • • i

when appro- or del)t duc irom the county tor costs m criminal prose-

priation is ex- .. /. , i , ji ,•

hauBted. cutioiis, cxpenscs ot the courts, or the compensation or

salaries of county officers established by law, shall be
exhausted, the county treasurer may, on the order of the

Acts, 1896. — Chap. 358. 291

county commissioners, make payment for such legally
authorized purposes out of any money in the county
treasury.

Section 3. On or before the thirty-first day of Decem- certain Bums to
ber of each year the county commissioners shall transfer from^unex"^**
from unexpended appropriations, or from unappropriated prutro''n8!'et'o°"
money, to appropriations which have been exceeded, as
provided for in section two of this act, such sums as may
be necessary to balance the same. In all such cases how-
ever the county commissioners shall cause to be placed
upon their records a statement of such transfers, showing
from what and to what accounts the transfers are made,
with the reasons in detail therefor, and shall send a copy
of the same to the controller of county accounts with
their estimates for the ensuing year, and said statement
shall he included in the annual report of said controller
relative to estimates for county taxes.

Section 4. The county cpnimissioners and other offi- J^f^nawiitils."
cers authorized to incur liabilities payable from the county
treasury may, after the expiration of the financial year
and before the making of the regular annual appropria-
tions by the general court, incur liabilities payal)le out
of a regular appropriation to an amount not exceeding
the liabilities incurred in the preceding year for the same
purpose during the same period.

Section '5. Whenever the county commissioners of ^*J fncreaTe^i'n ^
any county, in their annual estimate, call for an increased appropriation.
appropriation over the amount expended in the previous
year, they shall state upon or with said estimate the
reasons in detail for such increase.

Section 6. Chapter four hundred and eighty-two of Repeal.
the acts of the year eighteen hundred and ninety-five is
hereby repealed.

Section 7. This act shall take effect upon its passage.

Approved May 1, 1896.

An Act to authorize the town of concord to elect library f^Jfrtj) ^^S

COMMITTEES WITHOUT DISTINCTION OF SEX, ^ '

Be it enacted, etc. , as follows :

Section 1. No person shall be ineligible for election Not to be in-
as a member of any library committee of the town of teiaouo/eex.
Concord by reason of sex.

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

Approved May 2, 1896.

292 Acts, 1896. — Chaps. 359, 860.

C7lCip.35Q An Act relative to sewer assessments in the city of boston.
Be it enacted^ etc., as folloios :

^a^menu.etc., Section 1. The boarcl of street commissioners of the
upon sewer (.jty of Bostoii, ill addition to any authority now conferred

aseesBmentB, J ' J J

etc. upon them to al)ate sewer assessments upon estates in

said city, shall, with the approval of the mayor, have full
power and authority, upon complaint of any person in-
terested in the premises so assessed, to make such abate-
ments or suspensions of the collection of assessments for
the construction of sewers as they may deem just and
proper, as well of assessments heretofore made as of those
that may hereafter be made, and may make the abatement
upon the whole amount of the assessment at once, or
upon the amount of any apportionment included in a tax
bill or tax bills. Any such assessment so abated or
suspended shall continue a lien upon the estate on which
the assessment is made until the same is paid.

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

Approved May 2, 1896.

(JJiap.^60 ^ -^CT to exempt the county of BERKSHIRE FROM ESTABLISH-
ING A TRUANT SCHOOL.

Be it enacted, etc. , as follows :

JZmmi^^*' Section 1. The county of Berkshire shall be exempt
498, § 16, etc. from tlic provislous of section sixteen of chapter four
hundred and ninety-eight of the acts of the year eighteen
hundred and ninety-four and acts in amendment thereof
and in addition thereto.
ki8tfuTti^n°eu., Section 2. The county commissioners of said county
may assign any truant school established by law in this
Commonwealth as the place of confinement, discipline and
instruction of children convicted under the provisions of
sections nineteen and twenty-one of chapter four hundred
and ninety-eight of the acts of the year eighteen hundred
and ninety-four and acts in amendment thereof and in
addition thereto ; and shall pay for their support in said
school such reasonable sum as the commissioners having
control of said school may deterniine. A part, not exceed-
ing two dollars per week for each child, of such sum so paid
for the support of any child may be recovered by the county
of Berkshire from the town in which said child resides.
Section 3 . This act shall take effect upon its passage.

Aj)2)roved May 2, 1896.

of truants.

Acts, 1896. — Chaps. 361, 362. 293

An Act relative to the bonds op treasurers and employees (Jlinj) Q(j1

OF SAVINGS BANKS AND INSTITUTIONS FOR SAVINGS, AND CO- ^ '

OPERATIVE BANKS.

Be it enacted^ etc., as follows:

Section 1. Whenever, under the provisions of section sureties on
fourteen of chapter three hundred and seventeen of the
acts of the year eighteen hundred and ninety-four, it
becomes necessary for the treasurer or other officer or
employee of a savings bank or institution for savings to
give bond for the faithful discharge of his duties, he may
give a bond in which any company organized under the
laws of this state, or chartered by any other state or
government to transact fidelity insurance or corporate
suretyship, and authorized to do liusiness in this Com-
monwealth, may be surety, or may be jointly and severally
bound with such treasurer or other officer or employee.
Such bond shall be to the satisfaction of the trustees Form of bond

■I • c , 1 1 1 J^ •• /• to be approved.

and m a lorm to be approved by the commissioners oi
savings lianks, and an attested copy thereof, with a cer-
tificate of the custodian that the original is in his posses-
sion, shall be filed with the commissioners of savings
banks.

Section 2. The provisions of section one shall also To apply to

1,11 /> ;• 1, /• bonds given un-

apply to bonds oi secretaries and treasurers ot co-opera- derp.s. in,
tive banks, given under the provisions of section seven- ^^^"
teen of chapter one hundred and seventeen of the Public
Statutes.

Section 3. This act shall take eflect upon its passage.

Approved May 2, 1896.

Cha2).S62

An Act to authorize the town of ipswich to make an ad-
ditional WATER LOAN.

Be it enacted, etc., as follows :

Section 1. The town of Ipswich, for the purposes ipswich water
mentioned in chapter three hundred and thirteen of the ^°''°*
acts of the year eighteen hundred and ninety and acts in
amendment thereof, is hereby authorized to issue notes,
l)onds or scrip to be denominated on the face thereof,
Ipswich Water Loan, to an amount not exceeding thirty
thousand dollars in addition to the amounts heretofore
authorized by law to be issued hy said town for the same
purpose ; said notes, bonds or scrip to be issued upon the

294 Acts, 1896. — Chap. 363.

same terms and conditions and with the same powers as
are provided in said acts for the issue of the Ipswich
water loan ])y said town.

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

Approved May 2, 1896.

ChciJ).3QS A^ -A^CT RELATIVE TO THE REGISTRATION OF VOTERS AND THE
RECOUNT OF BALLOTS IN THE CITY OF BOSTON.

Be it enacted, etc., as follows:

amendtd.^^' SECTION 1. Scctioii six of cliaptcr four hundred and

forty-nine of the acts of the year eighteen hundred and
ninety-live is hereby amended by striking out in the
second line thereof, the words "first day of May", and
inserting in place thereof the words: — fifteenth day of
June, — by inserting in the fifth line, after the word
"qualified", the word: — male, — by striking out in the
twenty-sixth line, the word "but", and inserting in place
thereof the word : — and, — by striking out in the twenty-
ninth line, the w^ord "alone ", and inserting in place thereof
the words : — together vvdth said central registration office
in said city, — by striking out in the twenty-ninth and
thirtieth lines, the words " of that ward", and by adding
at the end thereof the words: — And in such years of
general registration said board shall have authority to
appoint such additional assistant registrars as in their
judgment may be necessary to carry out the provisions
of this act, said registrars to be appointed so as to equally
represent the two largest political parties, — so as to read
General register as follows : — Sectioii 6. Said board of election commis-
ration, etc. sioiicrs shall, bctwecn the fifteenth day of June and the
first day of October in the year eighteen hundred and
ninety-six, and in every tenth year thereafter, make a
new general register of the qualified male voters of said
city. Said general register shall be prepared in the
manner provided by law for preparing general registers,
J)ut in determining the residence of any voter for registra-
tion said election commissioners shall receive as prima
facie evidence of such residence a certificate from the
assessors of taxes or a tax bill, or notice from the collec-
tor of taxes in said city showing that such person has
been assessed for a poll tax as a resident of said city on
the first day of INIay, and in case the applicant shall fail
to present such certificate, bill or notice, he shall be

Acts, 1896. — Chap. 363. 295

required to otherwise satisfy the said commissioners as General register

. 1 • 1 /->ii 1 1 • • 1 of voters, prepa-

to sucli residence. Changes may be made in said new ration, etc.
general register on account of illegal registration, and
after the year in which a new general register is made all
laws relating to general registers of voters shall be ap-
plical)le to said new general registers, and the annual
registers and voting lists of said city shall be prepared
therefrom, in the manner provided by law for preparing
annual registers and voting lists in cities. Until the first
day of September of the years designated for preparing
new general registers voters may be registered at the
central registration office in said city ; and during the
month of September of said years said board shall keep
open one or more places for registration in each ward of
said city, as said lioard shall deem sufficient, where,
together with said central registration office in said city,
registration of the citizens shall be made daily from eight
o'clock in the forenoon to ten o'clock in the afternoon,
except Sunday. And in such years of general registra- Appointment
tion said board shall have authority to appoint such afst8taut°reg-
additional assistant registrars as in their judgment may '*"'«'■«•
be necessary to carry out the provisions of this act, said
registrars to be appointed so as to equally represent the
two largest political parties.

Section 2. Section eight of chapter four hundred and am,^ndtd ^ ^'
forty-nine of the acts of tlie year eighteen hundred and
ninety-five is hereby amended liy striking out in the first
line thereof, the words "within the six days", and in-
serting in place thereof the words : — on or before five
o'clock on the third day, — and by inserting after the
word "sign", in the third line thereof, the words: —
(adding thereto their respective residences on the first
day of May of that year) , swear to and file, — so as to
read as follows : — Section 8. If on or before five o'clock Recount of
on the third day next succeeding the day of any election
in any ward of said city ten or more qualified voters of
such ward shall sign (adding thereto their respective
residences on the first day of May of that year), swear
to and file with said board of election commissioners a
statement that they have reason to believe and do believe
that the records (or copies of records) made l)y the
election officers of certain precincts in said wards are
erroneous (specifying wherein they deem they are in
error), and that they believe a recount of the ballots

assistance, etc.

296 Acts, 1896. — Chap. 364.

cast in such precincts will affect the election of one or
more candidates voted for at such election (specifying
the candidates), or will affect the decision of a question
votecl upon at such election (specifying the question),
said board shall without delay open the envelopes con-
taining said ballots, recount the same and determine the
May employ qucstious raiscd. Said board may employ such assist-
ance as they deem necessary in making any such recount ;
and the chairman of the city committee representing the
largest political party and the chairman of the city com-
mittee representing the second largest political party may
in writing designate two persons, or such further number
as said commissioners may allow, to be present and wit-
ness the count, and said board shall allow each candidate
whose election is in question, or his representative, to be
present, and said board may allow rejpresentatives of other
political parties and other persons to be present and wit-
ness the recount. After making any such recount, said
board shall again enclose all such ballots in their proper
envelopes, seal each envelope with a seal provided for
the purpose, and certify upon each envelope that the same
has been opened and again sealed in conformity to law,
and shall likewise make and sio-n a statement of their
determination of the questions raised, and alter and amend
such records as have been found to be erroneous, in ac-
cordance with such determination ; and the records so
amended shall stand as the true records of the election.

Approved May 2, 1896.

C/itt?>.364 -^^ ■'^^^ '^^ ANNEX PART OF THE TOWN OF

DEEKFIELD TO THE
TOAVN OF GREENFIELD.

Be it enacted, etc., asfolloivs:
Part of Deer- Section 1. So much of the town of Deerfield in the

neld aiiuexea n -r-\ t t • ^ • i /»i

to Greeniieid. couuty of Franklin as lies withm the following named
lines, to wit : — Commencing at a stone bound marked
" G" " D " on the line between Greenfield and Deerfield
on the easterly side of the highway from Greenfield to
Shelburne known as the , South Shell^urne road, at the
point where the said highway crosses the said town line,
thence southeasterly in a straight line to Sheldon brook
at the westerly end of the stone culvert by which said
l)rook passes under the highway leading from near the
Franklin county public hospital in Greenfield to West

Acts, 1896. — Chap. 364. 297

Deerfield, thence down Sheldon'.s brook to the Deerfield
river, thence down Deerlield river to the Connecticut
river, thence up the Connecticut river to the southeast
corner of Greenfield, thence westerly on the line between
Deerfield and Greenfield to the first mentioned bound,
with all the inhabitants and estates therein, is hereby set
off from the town of Deerfield and annexed to and made
part of the town of Greenfield ; and said inhabitants shall
hereafter be inhabitants of said Greenfield and shall enjoy
all the rights and privileges and be subject to all the
duties and liabilities of the inhabitants of said Green-
field.

Section 2. The inhabitants and estates within the Payment of
territory and the owners of said estates shall be holden
to pay all taxes which have been heretofore legally as-
sessed upon them by the town of Deerfield ; and all taxes
heretofore assessed and not collected shall be collected
and i)aid to the treasurer of the town of Deerfield in the
same manner as if this act had not been passed. Until
the next state valuation the town of Greenfield shall
annually, on or before the thirty-first day of October,
pay to the town of Deerfield the proportion of any state
or county tax which the said town of Deerfield may be
required to pay upon the inhabitants or estates hereby
set oft', said proportion to be ascertained and determined
by the last valuation next preceding the passage of this
act ; and the assessors of Deerfield shall make returns
of said valuaition and the proportion thereof in the towns
of Deerfield and Greenfield respectively, to the secretary
of the Commonwealth and the county commissioners of
the county of Franklin.

Section 3. The said town of Greenfield shall be liable Relief and sup-
for the relief and support of all persons who now do or ^^"^ ° paupers,
shall hereafter stand in need of relief as paupers, whose
settlements were gained whether by original acquisition
or derivation, by reason of a residence in the territory
hereby annexed to said town of Greenfield. The town
of Greenfield shall pay to the town of Deerfield annually
its proportionate part of the cost hereafter paid by Deer-
field for the support or relief of paupers whose settle-
ments were acquired therein in consequence of military
service in the war of the rebellion, the proportion to he
paid by said town of Greenfield to be determined by the
assessed valuation each census year.

298

Acts, 1896. — Chap. 364.

Maintenance,
etc., of certain
bridges.

Election of state
and county
officers, etc.

Apportionment
of debt.

CommisBionerB
to be appointed
in case of dis-
agreement.

Section 4. The expense of repairing and maintaining
the Deerfield river bridge shall l)e l^orne hy each of said
towns in the proportions that the valuation of Deerfield,
as bounded after this act takes effect, bears to the valua-
tion of Greenfield, as bounded after this act takes eflTect,
according to the valuations of each of said towns in the
year in which the expense is incurred. The town of
Deerfield shall continue to pay the expense assessed
upon said town for the rent, maintenance and repair of
the Connecticut river bridge, and the town of Greenfield
shall annually pay to the town of Deerfield the amount
so expended, until such time as a new apportionment
shall be made or a difl:erent method shall be adopted for
the maintenance of said bridge.

Section 5. Until a new apportionment of represen-
tatives shall be made the inhabitants of the territory
described in the first section of this act shall for the
purpose of electing state and county ofiicers, members
of the executive council, senators and representatives to
the general court, electors of president and vice president
of the United States, and representatives to congress,
remain and continue to be a part of the town of Deer-
field ; and the inhabitants resident therein qualified to
vote shall be entitled to vote for said ofiicers and shall
be eligilile to the oflice of representative in the town of
Deerfield and shall vote at the place or places at which
the inhabitants of Deerfield vote. The registrars of
voters of Greenfield shall annually make a true list of
all persons resident in said territory qualified to vote at
every such election and post the same in said territory
according to law. They shall also deliver one such list,
corrected as required by law, to the selectmen of Deer-
field, before the time of meeting for election, to be used
thereat.

Section 6. Within one year from the passage of this
act the towjn of Greenfield shall pay to the town of Deer-
field such a proportion of the net debt of Deerfield as the
valuation of the territory annexed to Greenfield, under
the provisions of this act, shall bear to the whole valua-
tion of the town of Deerfield according to the last annual
assessors' valuation prior to the passage of this act.

Section 7. In case said towns shall not agree upon
a division -of property, del)ts, unpaid taxes, state or
county taxes, expenses incurred in support of paupers,

Acts, 1896. — Chap. 365. 299

and all other existing town liabilities, the superior court
shall upon the petition of either town appoint three com-
missioners to hear the parties and determine the matters
of dirterence, and their award, or the award of any two
of them, being accepted by said court shall ])e final.
Section 8. This act shall take efiect upon its passage.

Approved May 2, 1896.

C7iap.o(j5

An Act to provide for the annexation of the town of
bradford to the city of haverhill.

Be it enacted, etc., as follows:

Section 1. All the territory now comprised within the Bradford
limits of the town of Bradford, in the county of Essex, HavTrhiiu"
with the inhal)itants and estates therein, is hereby an-
nexed to and made a part of the city of Haverhill, subject
to the same municipal regulations, obligations and liabili-
ties, and entitled to the same immunities in all respects,
as the said city of Haverhill : provided, however, that Proviso.
until legally changed said territory, for the purpose of
electing a counoillor, senator, and representatives to the
general court, shall continue to be a part of the several
districts that exist at the time of the acceptance of this
act. All the duties now required by law to be performed
by the selectmen and town clerk of the town of Bradford,
or either of them, pertaining to the election of councillors,
senators, and members of the general court, shall in like
manner devolve upon the board of aldermen and city clerk
of Haverhill.

Section 2. All the public property of the town of i^"Brad?orc?to'^
Bradford shall be vested in and is hereby declared to l)e ^e vested in
the property of the city of Haverhill ; and said city of
Haverhill shall succeed to all the rights, claims, causes
of action, rights to uncollected taxes, liens, uses, trusts,
duties, privileges and immunities of said town of Brad-
ford. The town treasurer of the town of Bradford shall,
on or before the second Monday of eTanuary following the
acceptance of this act, under the direction of the select-
men of the said town of Bradford (who shall for this
purpose and for all other purposes necessary to carry
into full effect the provisions of this act continue to hold
their offices), transfer, deliver, pay and account for to
the city treasurer of the city of Haverhill, all books,
papers, moneys and other property in his possession as

300

Acts, 1896. — Chap. 365.

Haverhill to be
liable for debts,
etc., of Brad-
ford, etc.

To constitute
ward seven of
Haverhill.

Board of alder-
men, common
council, etc.

Subject to ac-
ceptance by
voters of
Haverhill and
Bradford.

To certify to
secretary of the
Commonwealth
the number of
ballots cast, etc,

town treasurer of the town of Bradford when this act
takes effect ; and the city of Haverhill shall become liable
for and subject to all the debts, obligations, duties, re-
sponsibilities and liabilities of said town of Bradford.
All actions and causes of action which shall be pend-
ino; or which shall have accrued at the time this act
takes effect, in behalf of or against the town of Brad-
ford, shall survive and may be prosecuted to final
judgment and execution in behalf of or against the city
of Haverhill.

Section 3. The territory of the town of Bradford
shall constitute a ward of the city of Haverhill, to be
called ward seven, and shall so remain until the alteration
of the ward limits of the city of Haverhill provided for
by law ; and the ward so established shall be entitled to
all the municipal and ward officers to which each of the
other wards of said city of Haverhill is entitled.

Section 4. After the acceptance of this act the board
of aldermen of the city of Haverhill shall consist of seven
members, and the common council shall consist of four-
teen members, and the school board of twenty-one mem-
bers. The warrant for the municipal election of the city
of Haverhill next following the acceptance of this act shall
include the territory hereby annexed to said city.

Section 5. This act shall not take full effect unless
accepted by a majority of the legal voters of the town of
Bradford and city of Haverhill present and voting thereon
l)y liallot. The question of accepting this act shall be
submitted to the voters of the city of Haverhill and of
the town of Bradford, respectively, at the next annual
state election, and if not then accepted, at a subsequent
election as hereinafter provided.

Section 6. ' It shall be the duty of the city clerk of
the city of Haverhill and of the town clerk of the town
of Bradford to certify as soon as may be to the secre-
tary of the Commonwealth the number of ballots cast in
favor of the acceptance of this act and the number of
ballots cast against said acceptance ; and if it shall ap-
pear that the majority of the votes cast in the city of
Haverhill and a majority of the votes cast in the town
of Bradford, respectively, are in favor of the acceptance
of this 'act, said secretary shall immediately issue and
publish his certificate declaring this act to have been
duly accepted.

Acts, 1896. — Chap. 366. 301

Section 7. If this act should fail to be accepted hy Maybere-sub-
the voters of said city and town, or either of them, at ™ccepted."°'
the election held as aforesaid, this act may be re-sub-
mitted at the annual state election in the year eighteen
hundred and ninety-seven : provided, that a petition of Proviso.
fifty voters of the city of Haverhill and of the town of
Bradford, or of either of them, requesting the same, shall
1)0 tiled with the secretary of the Commonwealth thirty
days previous to the holding of such election, and
the board of aldermen of the city of Haverhill and the
selectmen of the town of Bradford shall in issuing the
warrants for such election govern themselves accord-
ingly.

Section 8. So much of this act as authorizes and ^[!c"eic?^^
directs the submission of the question of its acceptance
to the legal voters of the city and town respectively shall
take effect upon its passage ; and if accepted hy said
voters it shall otherwise take effect on the first Monday
of January next following its acceptance. No submis-
sion of the question of its acceptance to the voters shall
be made sul)sequent to the state election held in the year
eighteen hundred and ninety-seven, except as provided
in the following section.

Section 9. If any election or balloting upon the To be re sub-
question of the acceptance of this act by either said city Section Is'^de!
or said town, shall within two months thereafter be de- ^'^--^d void, etc.
clared void by the supreme judicial court upon summary
proceedings, which may be had in any county upon the
petition of fifty voters of either said city or said town,
the question of accepting said act shall again be submitted
to the legal voters of said city or town at the next annual
state election ; but no election or balloting shall be held
void for informality in calling, holding or conducting the
election or returning the votes or otherwise, except upon
proceedings instituted therefor and determined within
sixty days thereafter as aforesaid.

Approved May 4, 1896.

An Act to amend the charter op the city of everett. Chan 366
Be it enacted, etc., as follows:

Section 1. From and after the commencement of the cuy council,
next municipal year after the passage of this act the mTn. confmoT
city council of the city of Everett shall be composed of berreimfo":

terme, ete.

302

Acts, 1896. — Chap. 366.

City council,
board of alder-
men, comtnon
council, mem-
berB, election,
terms, etc.

Repeal.

1892, 355, § 14,
amended.

Special raeet-
ingB of city
council, etc.

two branches, one of which shall be called the board of
aldermen and the other the common council. The board
of aldermen shall be composed of seven members, who
shall be elected by and from the qualified voters of the
city. At the first municipal election held after the pas-
sage of this act, and in every alternate year thereafter,
four aldermen shall be elected, who shall hold office for
the two municipal years next succeeding their election.
At the second municipal election held next after the pas-
sage of this act, and in every alternate year thereafter,
three aldermen shall be elected, who shall hold office for
the two municipal years next succeeding their election.
Three members of the common council shall be elected
annually by and from the qualified voters of each ward,
and the councilmen so elected shall hold office for the
municipal year next succeeding their election. The alder-
men and councilmen elected at the municipal election next
prior to the passage of this act shall hold office until
the expiration of the terms for which they were respec-
tively elected. Section ten of chapter three hundred
and fifty-five of the acts of the year eighteen hundred and
ninety-two, except as hereinbefore provided, is hereby
repealed.

Section 2. Section fourteen of chapter three hundred
and fifty-five of the acts of the year eighteen hundred
and ninety-two is hereby amended by adding at the end
thereof the following words : — On petition of any seven
members of the common council the mayor shall call a
special meeting of that branch, and on petition of any
three members of the board of aldermen the mayor shall
call a special meeting of that board, to act upon any mat-
ters set forth in said petition. Notice of said special
meeting shall be given as herein provided, — so that said
section as amended will read as follows: — Section 14.
The mayor may at any time call a special meeting of the
city council or of either branch thereof by causing a writ-
ten notice of such meeting, containing a statement of the
subjects to be considered thereat, to be left at the usual
place of residence of each member at least twenty-four
hours previous to the time appointed for the meeting, and
no other business shall be transacted at such special meet-
ing. On petition of any seven members of the common
council the mayor shall call a special meeting of that

Acts, 1896. — Chap. 366.

303

branch, and on petition of any three members of the board
of aklermen the mayor shall call a special meeting of that
board, to act upon any matters set forth in said petition.
Notice of said special meeting shall be given as herein
provided.

Sections. Section forty-eight of chapter three hun- 1892,355, §48,
dred and fifty-five of the acts of the year eighteen hundred ""^^
and ninety-two is hereljy amended by striking out all of
said section and inserting in place thereof the following :
— Section 48. The school committee, in addition to the Repairs, erec

I. ,■, iji Ti /"ji li- tion and altera-

exercise 01 the powers and the discharge 01 the duties tion of school
imposed by law upon school committees, shall, subject to ^"'^'^'"s^* etc.
the approval of the mayor, have full power and authority
to order repairs to school l)uildings, and to provide when
necessary temporary accommodations for school purposes.
The making of plans for all school buildings, the erection
and alteration of such buildings, the making of additions
thereto, and the purchasing of land for school purposes,
shall be committed to agents appointed by the mayor and
confirmed by the board of aldermen.

Section 4. This act shall be submitted to the voters Question of
of the city of Everett, who shall vote "Yes" and "No" Velx^m\u.eA
upon the question of the acceptance of the several sec- l^ateeTcUon,
tions, at the annual state election in the present year, and i^ge, etc.
only such sections shall take eflect as shall at such eiec-
tion be accepted hy the affirmative votes of a majority
of the voters voting 011 the several sections at said elec-
tion. The vote shall be taken by ballot, in answer to
the following questions : Shall section one of
the act to amend the charter of the city of
Everett, creating a board of seven instead of six
aldermen and repealing minority representation, be ac-
cepted ? Shall section two of said act, requir-
ing the mayor and board of aldermen to call
a meeting of the common council on the peti-

Yes.

No.

Yes.

tion of any seven of its members, or a meeting of the
I)oard of aldermen on a petition of any three of its mem-
bers, be accepted? Shall section three of said
act, requiring the mayor and board of alder-
men to appoint agents for securing all plans
and for the erection of school buildings, be accepted?

Approved May 5, 1896.

Yes.

No.

304 Acts, 1896.— Chaps. 367, 368, 369.

Chnp.SGT An Act to legalize the riiocEEDiNGS of the annual town

MEETING OF THE TOWN OF NOKTHUOKOUGH.

Be it enacted^ etc., as folloios :

fjwnmecvilgii Section 1 . The election of town officers for the town
Northhorough of Northborouffh, at the annual town meetinar of said town

IBl'UllZCCl. O ' CI?

held on the second day of March in the year eighteen
hundred and ninety-six, shall not be invalid by reason
of the fact that the warrant authorizing the same did not
specify the town officers to be elected at said meeting,
as required hy law.

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

Approved May 5, 1896.

Chap.SGS An Act to confirm the pkoceedings of the annual town

MEETING OF THE TOWN OF WALPOLE.

Be it enacted, etc., as folloios :

fown^meeifng ^ Section 1 . Tlic proccediugs of the annual town nieet-
ofwaipoie ii^o; gf the towii of Walpolc, held on the second day of

conhrmed. ^ i- i • i • i i in i • • in

March in the year eighteen hundred and ninety-six, shall
not be invalid by reason of any error or omission in the
warrant calling said meeting or in the constable's return
thereof; and the action of said meeting in voting to
make an additional water loan, and the vote authoriz-
ing the issue of water ])onds therefor, are hereby rati-
fied, confirmed, and made legal and valid.

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

Approved May 5, 1896.

annual RETURNS FROM CERTAIN CORPO-
RATIONS.

C^ap.369 An Act relative to

Be it enacted, etc. , as folloios :

1887, 225, §1. Section 1. Section one of chapter two hundred and

twenty-five of the acts of the year eighteen hundred and
eighty-seven is hereby amended l)y striking out in the
second and third lines, the words " subsequently to the
twenty-third day of February in the year eighteen hun-

Certain corpora- (jj.gj ^ud thirty", SO as to I'cad as follows : — Section' 1.

tions to make • i -x ^ ^ • /^^

annual returns, Evciy corporatioii chartered by this Commonwealth, or
organized under the general laws, for the purposes of
business or profit, having a capital stock divided into
shares, except banks, co-operative banks, savings banks

Acts, 1896. — Chaps. 370, 371. 305

and institutions for savings, insurance companies, includ-
ing the Massachusetts Hospital Life Insurance Company,
steam and street railway companies, safe deposit and
trust companies and the Collateral Loan Company, shall
be subject to the provisions of sections fifty-four, fifty-
five, fifty-nine, eighty-one, eighty-two and eighty-four
of chapter one hundred and six of the Public Statutes,
and shall annually make and file the certificates and re-
turns therein required.

Section 2. This act shall take eftect on the first day To take effect

^ ^ '' Tiilir 1 1SU«

of July in the year eighteen hundred and ninety-six.

Approved May 5, 1896.

July 1, 1896.

ChajJ.'^lO

An Act to confirm certain proceedings of the town of
cummington.

Be it enacted, etc., as foUotvs :

Section 1. The action of the town of Cummington iToceediiiii;«
relative to the appropriation of money for telephone cumm"n^ion
service, taken at the annual town meeting of said town <=o'^*i'"™^'i-
held on the second day of March in the year eighteen
hundred and ninety-six, is hereby legalized and con-
firmed, but nothing herein contained shall authorize or
empower said town to construct or maintain a telephone
line.

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

Approved May 7, 1896.

An Act to incorporate the dorchester woman's club house
association.

Cha2).371

Be it enacted, etc. , as follows :

Section 1. Harriet E. Bean, Ella C. R. Whiton, Dorchester
Ellen E. C. Blair and their associates and successors are Ho°uTe Ansocia.
hereby made a corporation by the name of the Dorchester r'a"ted°''**'^^°'
Woman's Club House Association, with all the powers
and subject to all the duties set forth in chapter one hun-
dred and six of the Public Statutes and acts in amendment
thereof.

Section 2. The par value of shares in the capital capuui stock.
stock of said corporation shall be ten dollars.

Section 3. This act shall take eftect upon its passage.

Approved May 7, 1896.

306

Acts, 1896. — Chaps. 372, 373.

Randolph
Water Loan.

Gkap.372 -^^ ^^"^ "TO AUTHORrZE THE TOWN OF RANDOLPH TO MAKE AN

ADDITIONAL WATER LOAN.

Be it enacted^ etc., asfolloivs:

Section 1. The town of Randolph, for the purposes
mentioned in section live of chapter two hundred and
seventeen of the acts of the year eighteen hundred and
eighty-five, may issue l)onds, notes or scrip from time to
time, to l)e denominated on the face thereof, Randolph
Water Loan, to an amount not exceeding ten thousand
dollars in addition to the amounts heretofore authorized
by law to be issued by said town for the same purposes,
said bonds, notes or scrip to be issued upon the same
terms and conditions and with the same powers as are
provided in said act for the issue of the Randolph water
loan by said town : provided, that the whole amount of
bonds, notes or scrip issued by said town under the
authority of this act, together with those heretofore issued
by said town for the same purposes, shall not in any
event exceed the amount of one hundred and fifty-five
thousand dollars.

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

Approved May 7, 1896.

Chan.?>73 -^^ -^^^^ making appropriations for the WORCESTER NORMAL
SCHOOL, INDEXING REGISTRATION RETURNS AND FOR CERTAIN
OTHER EXPENSES AUTHORIZED UY LAW.

Be it enacted, etc., asfolloivs:

Appropriations. SECTION 1. Tlic suius hereinafter mentioned are appro-
priated, to be paid out of the treasury of the Common-
wealth from the ordinary revenue, for the purposes
specified in certain acts and resolves of the present year,
and for certain other expenses authorized by law, to
wit : —

For the compensation of the state printing expert, as
authorized l)y chapter two hundred and forty-eight of the
acts of the present year, a sum not exceeding five hun-
dred dollars, the same to be in addition to the amount
appropriated by chapter six of the acts of the present year.

For completing and furnishing the gymnasium of the
Worcester normal school, as authorized by chapter fifty-
four of the resolves of the present year, a sum not
exceeding ten thousand dollars.

State printing
expert.

Worcester
normal school

Acts, 1896. — Chap. 373. 307

For Philip H. Creasey, as authorized by chapter fifty- Phiiip h.
five of the resolves of the present year, the sum of five ^"''''^^^'
hundred dollars.

For Joseph F. Toole, as authorized by chapter fifty- Joseph f.
seven of the resolves of the present year, the sum of two
hundred and fifty dollars.

For John J. Donahue, as authorized by chapter fifty- Johnj.
eight of the resolves of the present year, the sum of one °°* "^'
hundred and fifty dollars.

For the compensation and expenses of the commission commiseion
to investigate the charitable and reformatory interests chiuurbi'f alfd
and institutions of the Commonwealth, as authorized by fmerTsrs^eu:.
chapter sixty of the resolves of the present vear, a sum
noit exceeding five thousand dollars.

For printing the report of the state board of health Report on sani-
upon the sanitary condition of the Neponset meadows, as ofNeponset
authorized by chapter sixty-one of the resolves of the "^^ °"'^'
present year, a sum not exceeding ten hundred and sixty
dollars.

For the town of Orange, as authorized by chapter Town of
sixty-two of the resolves of the present year, the sum '^'*°^^"
of three hundred and fifty dollars.

For the preparation of an index to the registration index to regis-

, ii'Ti ii •,/-• ^ii tration returnp.

returns, as authorized by chapter sixty-nve ot the re-
solves of the present year, a sum not exceeding two
thousand dollars.

For repairing and adding to the standard weights, standard
measures and balances of the Commonwealth, as author- measures, etc.
ized by chapter sixty-six of the resolves of the present
year, a sum not exceeding one thousand dollars.

For the widow of Frederic T. Greenhalge, as author- widow of
ized by chapter sixty-seven of the resolves of the present Greenhaige.
year, the sum of six thousand five hundred fifty-nine
dollars and fourteen cents.

For the investigation of the wants of the port of docks^wharveB,
Boston for an improved system of docks and wharves ^^•
and terminal facilities in connection therewith, as author-
ized by chapter sixty-eight of the resolves of the present
year, a sum not exceeding four thousand dollars, in addi-
tion to any amount heretofore appropriated.

For the reimbursement of the naval militia for such united states
sum of money as has been expended by said militia in fit- Minnesota.
ting up the United States steamer Minnesota, and for
heating, lighting and properly furnishing the same, as

308 Acts, 1896. — Chaps. 374, 375.

authorized by chapter two hundred and eighty-nine of the
acts of the present year, a sum not exceeding eight thou-
sand two hundred dollars.

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

Approved May 7, 1896.

OhaU '"574 ^^ -^^^ "^^ AUTHORIZE THE BROCKTON STREET RAILWAY COMPANY
TO EXTEND ITS RAILWAY INTO THE TOWNS OF EAST BRIDGE-
WATER, WEST BRIDGEWATER AND BRIDGEWATER.

Be it enacted, etc., as follows :

RanwI°°com*'^' SECTION 1. The Brockton Street Railway Company
pany may ex- is hereby autliorizcd and empowered to construct, main-
into certain tail! and opcratc its railway in highways and townways of

towns.

the towns of East Bridgewater, West Bridgewater and
Bridgewater wherein locations therefor may hereafter
from time to time be granted ])y the Ijoards of selectmen
of said towns respectively ; and also upon private lands
when permission so to do shall have been first obtained
from the owners of said lands in all cities and towns
wherein locations for its railway under its charter and
amendments thereto may now be lawfully granted, but the
railway of said company shall not be constructed across
the tracks of any railroad at the same level therewith
without the consent of the railroad commissioners or of a
board of special commissioners appointed as provided in
chapter four hundred and twenty-six of the acts of the
year eighteen hundred and ninety-tive.

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

Approved May 7, 1896.

CJiaj).375 ^'^ ■^'^'^ "^^ AUTHORIZE THE BROCKTON STREET RAILWAY COMPANY
TO EXTEND ITS TRACKS INTO THE TOWN OF EASTON.

Be it enacted, etc., as follows:

Brockton street SECTION 1. Tlic Brocktou Street Railway Company
pany may ex- may, subjcct to tlic approval, under the control of and
imoEaston! * upoii locatious wliicli uiay be granted by the selectmen of
the town of Easton, as provided by general law, extend its
tracks into the town of Easton, and locate, construct,
maintain and operate its railway in any street in said
town, with single or double tracks, with electricity or any
other motive power except steam, and with such turn-outs,
switches, poles and wires as may be necessary or proper
therefor ; but its railway shall not be constructed across

Acts, 1896. — Chaps. 376, 377. 309

the tracks of any railroad at the same level therewith
Avithout the consent of the railroad commissioners or of
a board of special commissioners appointed as provided
in chapter four hundred and twenty-six of the acts of the
year eighteen hundred and ninety-tive.

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

Approved May 7, 1896.

An Act relative to the market limits of the city of

BOSTON.

Cliap.mQ

Be it enacted, etc., as follows:

Section 1. The board of street commissioners of the May extend
city of Boston, with the approval of the mayor, may in "f^Boston^etc.
the manner prescrilied for laying out highways in said
city, from time to time extend the market limits of said
city to the extent which they may deem to be desirable,
and may take land therefor in the manner provided for
taking land for highways in said city, whether such land
is at the time of taking used as a highway or for any
other pu1)lic purpose.

Section 2. Any person whose land is taken under Damages,
the provisions of the preceding section shall have his
damages incurred thereliy paid by said city, and may
have such damages determined in the manner provided
for the determination of damages for taking land for
highways in said city ; and judgment shall be entered
and execution shall issue for the prevailing party as in
civil cases.

Seqtion 3. This act shall take effect upon its passage.

App)roved May 7, 1896.

An Act relative to the sale of imitation butter. OJinn 377

JSe it enacted, etc., as foUoivs :

Section 1. Section one of chapter fifty-eight of the isqi, 58. §i,

, j»ji • ^ 1 1 11 I'-V etc., amended.

acts oi the year eighteen hundred and nniety-onc, as
amended by section six of chapter two hundred and
eighty of the acts of the year eighteen hundred and
ninety-four, is hereby amended by striking out in the
fourth line, the word "or", and inserting after the word
" possession", in said line, the words: — keep in stor-
age, distrilmte, deliver, transfer or convey, — and by in-
serting in the fifth line, after the word " sell ", the words :
— within this Commonwealth, — so as to read as fol-

310

Acts, 1896. — Chap. 378.

Manufacture,
sale, etc., of
imitation butter.

1891, 412, § 5,
amended.

Penalty for
furnishing
imitation butter
in certain cases.

lows : — Section 1. No person, by himself or his agents
or servants, shall render or manufacture, sell, offer for
sale, expose for sale, take orders for the future delivery
of, have in his possession, keep in storage, distribute,
deliver, transfer or convey with intent to sell, within
this Commonwealth any article, product or compound
made wholly or partly out of any fat, oil or oleaginous
substance or compound thereof, not produced from un-
adulterated milk or cream from the same, which shall be
in imitation of yellow butter produced from pure unadul-
terated milk or cream of the same : provided, that nothing
in this act shall be construed to prohibit the manufacture
or sale of oleomargarine in a separate and distinct form
and in such manner as will advise the consumer of its
real character, free from coloration or ingredient that
causes it to look like butter.

Section 2. Section five of chapter four hundred and
twelve of the acts of the year eighteen hundred and
ninety-one is hereby amended by inserting in the second
line, and also in the fourth line, after the word " restau-
rant", the word : —boarding-house, — so as to read as
follows : — Section 5. Whoever furnishes, or causes to
l)e furnished, in any hotel, restaurant, boarding-house,
or at any lunch counter, oleomargarine or butterine to
any guest or patron of such hotel, restaurant, boarding-
house or lunch counter, in the place or stead of butter
shall notify said guest or patron that the substance so
furnished is not butter, and any party so furnishing with-
out such notice shall be punished by a fine of not less
than ten nor more than fifty dollars for each offence.

Approved May 7, 1896.

Gha,p.^1S ^'^ -'^CT TO AUTHOKIZE THE CLINTON STREET RAILWAY COMPANY
TO EXTEND ITS TRACKS, INCREASE ITS CAPITAL STOCK AND ISSUE
BONDS.

Be it enacted, etc., asfolloiss:

Section 1. The Clinton Street Railway Company is
hereby authorized, subject to the approval and under the
control of the selectmen of the respective towns, as pro-
vided by general law, to construct, extend, maintain and
operate its street railway over any streets and highways
in the towns of Lancaster and Leominster upon which
locations have been or may hereafter be granted to said

The Clinton
Street Railway
Company may
extend its rail-
way, etc.

Acts, 1896. — Chap. 378. 311

corporation by the selectmen of said towns, and, if gt^ree^'aaiT a
necessary or convenient, upon private lands acquired by Company may

i. «/ GXtcDcl its rtiil-

lease or purchase, provided that no location on private way, etc.
land shall exceed tifty feet in width ; with all the powers
and privileges and subject to all the duties, conditions
and restrictions set forth in all general laws that now are
or hereafter may be in force relating to street railway
companies. Said company may maintain and operate its
railway over any locations which have been or may be
granted to or acquired by it, ])y electricity or any ap-
proved motive power other than steam, and, with the
consent of the selectmen of the respective towns in which
said locations have been or may be granted or acquired,
may make such underground alterations of the streets or
ways and may erect and maintain such poles and wires
as may be necessary for the })rt)pcr transaction of the
business of said company. It may acquire by purchase May acquire
or by lease all necessary real estate, including water reaf estate.
power and flowage rights, for its power station and other
uses incidental to the proper maintenance and operation
of its railway.

Section 2. For the purpose of meeting expenses in- May increase
curred under this act, and for Imildino- its road over usue^ondl''
locations now or hereafter granted and for equipping the * ^'
same, and for the funding or refunding of its present
indebtedness, said Clinton Street Railway Company, by
vote of the majority in interest of its stockholders at
meetings duly called for the purpose, may from time to
time increase its capital stock and issue coupon or regis-
tered bonds in such amounts as the board of railroad
commissioners shall approve, in accordance with the pro-
visions of the general laws relative thereto. Such bonds
shall bear interest not exceeding six per cent, per annum
and shall run for a term not exceeding thirty years from
the date thereof; and to secure the payment of said
bonds said company may make a mortgage of its road
and franchise and of the whole or any part of its other
property, and may include in such mortgage property
thereafter to l)e acquired, and may therein reserve to
the directors the right to sell or otherwise in due course
of business to dispose of property included therein which
may become worn, damaged, or otherwise unsuitable for
use in the operation of its road, provided that an equiva-
lent in value shall be substituted therefor.

312

Acts, 1896. — Chap. 379.

Bonds to be
approved.

Company may
change its name.

Section 3. All bonds so issued shall first be approved
liy some person appointed by the corporation for that
purpose, who shall certify upon each bond that it is
properly issued and recorded ; and such certificate shall,
as regards bona fide holders, be conclusive of the regu-
larity of the issue and sale of the l)onds.

Section 4. Said company is hereby authorized to
change its name to Leominster and Clinton Street Rail-
way Company.

Section 5. This act shall take effect upon its passage.

Approved May 7, 1896.

Chap.379

City of
Marlborough.

Government
and general
managemoDt
of affairs.

Wards.

Meetings of
qualitied voters,

An Act to revise the ciiarteu of the city of marlhokough.

Be it enacted, etc., asfolloivs:

Section 1. The inhabitants of the city of Marl-
l)orough shall continue to be a body politic and cor-
porate, under the name of the City of Marlborough, and
as such shall have, exercise and enjoy all the rights,
powers, privileges and immunities, and shall be subject
to all the duties and obligations pertaining to and now
incumbent upon the said city as a municipal corporation.

Section 2. The government of the city and the gen-
eral management and control of all the fiscal, prudential
and municipal affairs thereof shall be vested in a single
officer, to be called the mayor, who shall also l^e the pre-
siding oflicer of the board of aldermen, but shall have no
A'ote therein, and in a legislative body, to be called the
city council ; except however that the general manage-
ment and control of the public schools of the city and of
the buildings and property pertaining to such schools
shall be vested in a school committee.

Section 3. The boundary lines of the seven wards
shall remain as now established, except that in any sub-
sequent year fixed by law for a new division of w^ards in
cities the number of wards may be changed by vote of
the city council, passed with the assent of the mayor, at
or prioi'to the making of such division ; but the number
of wards shall never be less than seven.

Section 4. All meetings of the qualified voters of the
city for the purpose of voting at elections and for other
municipal or legal purposes shall be called by warrants
issued l\y order of the board of aldermen, which shall be
in such form and be served and returned in such manner

Acts, 1896. — Chap. 379. 313

and at such time as the city council may by ordinance
direct.

Section 5. Tlie municipal election shall take place Municipal
annually on the first Tuesday of December, and the municipal year,
nmnicipal year shall begin at ten o'clock in the forenoon
of the first Monday of the following January and con-
tinue until ten o'clock in the forenoon of the first Mon-
day in January next succeeding.

Section 6. At the municipal election the qualified ^"yor- '='.'y

i . . . ^ council, etc.,

voters shall in the several wards o-ive in their votes by to be elected by

l)&Iiot etc

ballot for mayor and for members of the city council and
of the school committee, or for such of them as are to
1)6 elected, and the person receiving the highest number,
of votes for any office shall be deemed and declared to
be elected to such oflice ; and whenever two or more
persons are to be elected to the same office the several
persons up to the numlier required to be chosen, receiv-
ing the highest number of votes, shall be deemed and
declared to be elected.

Section 7 . If it shall appear that there is no choice vacancies, etc.
of mayor, or if the person elected to that office shall
refuse to accept the office, or shall die l^efore qualifying,
or if a vacancy in the office shall occur more than four
months previous to the expiration of the term of service
of a mayor, the board of aldermen shall forthwith cause
warrants to be issued for a new election, and the same
proceedings shall l)e had in all respects as are herein-
before provided for the election of mayor ; and such pro-
ceedings shall be repeated until the election of a mayor
is completed. If the full number of members of the city
council then required to be chosen shall not be elected
at the annual municipal election, or if a vacancy in the
office of a member thereof shall occur more than four
months previous to the expiration of his term of office,
the board of aldermen shall forthwith cause a new election
to be held as aforesaid to fill the vacancy. In case a
vacancy in the office of mayor or of a member of the city
council shall occur within the four months previous to
the expiration of his term of office the city council may,
in its discretion, order a new election to be held as afore-
said to fill the vacancy.

Section 8. When no convenient wardroom for hold- ward meetingB

, . , Ti 1 /» may be held in

mg the meetings of the qualified voters oi a ward can be adjacent ward,
had within the territorial limits of such ward the l)oard

etc.

314

Acts, 189G. — Chap. 379.

General meet-
ings of qualified
voters.

City council.

Board of
aldermen,
election,
terms, etc.

Common coun-
cil, election,
term, etc.

of aldermen may, in the warrant for calling a meeting
of the qualified voters of such ward, appoint and direct
that the meeting be held in some convenient place within
the limits of an adjacent ward of the city ; and for such
purpose the place so assigned shall be deemed and taken
to be a part of the ward for which the election is held.
The city council shall provide suitable halls for the cau-
cuses and conventions of all political parties recognized
by law.

Section 9. General meetings of the qualified voters
of the city may from time to time be held according to
the right secured to the people by the constitution of the
Commonwealth ; and such meetings may and, upon the
request in writing of fifty qualified voters, setting forth
the purposes thereof, shall be called.

Section 10. The city council shall be composed of
two branches, one of which shall be called the board of
aldermen and the other the common council. The board
of aldermen shall be composed of seven members, who
shall be elected by and from the qualified voters of the
entire city. At the first municipal election held under
this act three aldermen shall be elected who shall hokl
ofiice for the municipal year next succeeding their elec-
tion, and four aldermen shall be elected who shall hold
ofiice for the two municipal years next succeeding their
election, and thereafter annually there shall be elected
for the term of two years as many aldermen as may be
necessary to fill the vacancies occurring liy reason of
expiration of terms of service. If in any year of a new
division of the city into wards the number of wards
shall be changed the terms of ofiice of all the aldermen
shall expire 'at the end of the municipal year in Avhich the
division is made, and at the municipal election occurring
in such year, aldermen, as many in number as there are
new wards, shall be elected. The board of aldermen so
elected shall, directly after its organization, so assign by
lot the terms of the respective members that the terms
of one half of the members of the Ijoard, as near as may
be, shall expire each year thereafter ; and thereafter an-
nually there shall be elected for the term of two years
as many aldermen as may be necessary to fill the vacan-
cies occurring by reason of expiration of terms of service.
Two meinl)ers of the common council shall be elected
annually by and from the qualified voters of each ward,

Acts, 1896. — Chap. 379. ^15

and the councilmen so elected shall hold office for the
municipal year next succeeding. No persom shall be
eliiiible for election as common councilman unless he is
at the time of his election a resident of the ward from
wliich he is chosen ; but a removal, subsequent to his
election, to another ward of the city shall not disqualify
such officer from discharging the duties of his office dur-
ing the remainder of the term for which he was elected.

Section 11. The mayor elect and the members elect oaths of office

/•I • Mill ir> nr ^ • i -r 01 mayor and

oi the City council shall on the nrst Monday in the Janu- members of
ary next succeeding their election, at ten o'clock in the "^"^ ''°"°'^' '
forenoon, assemble together and be sworn to the faithful
discharge of their duties. The oath may be administered
to the mayor by the city clerk or by a justice of a court
of record or by a justice of the peace, and the oath may
be administered to the members of the city council by
the mayor or by the city clerk or by a justice of the
peace. In case of the alisence of the mayor elect on the
first Monday in January, or if a mayor shall be subse-
quently elected, the oatli of office may at any time there-
after be administered to him in the presence of the city
council ; and at any time after the first Monday in January
the oath of office may be administered in the presence of
either branch of the city council to a member of such
branch who was absent on the first Monday in January,
or who shall be subsequently elected. A certificate that
such oath has been taken by the mayor shall be entered
in the journal of both branches of the city council ; and
in the journal of each branch shall be entered a certificate
that the oath has been so taken by the members of that
branch.

Section 12. Directly after the oaths of office have organization of
been administered each branch of the city council shall "'y '^o"""'' «'<=
meet and organize by the election by ballot of a president.
The eldest senior member of the common council present
shall preside until a president has been chosen. The
two branches shall by concurrent vote elect by ballot a
city clerk, who shall hold office for the municipal year
and until his successor is elected and qualified. The city
clerk shall also be the clerk of the board of aldermen ;
but in case of delay in the election of the city clerk, or
in case of a vacancy in the office, the board of aldermen
may elect a temporary clerk, who shall act as clerk of
the board until a city clerk is chosen and qualified. The

316

Acts, 1896. — Chap. 379.

Removals
Iroiu office.

Vacancy, etc.,
in office of
city clerk.

Each branch
to be judge of
election of its
members, etc.

Special meet-
ines of city
council, etc.

Quorum.

city clerk shall be sworn to the faithful discharge of his
duties, in the presence of the board of aldermen, by the
mayor or by a justice of the peace. The common council
shall elect its own clerk, who shall be sworn to the faith-
ful discharge of his duties, in the presence of the council,
by the president or by a justice of the peace. Each clerk
shall attend the sessions of the l)ranch for w^hich he is
elected and shall keep a record of its proceedings, and
shall perform such further service as such branch may
require. The president of the board of aldermen may be
removed from office by the affirmative votes of two thirds
of all the memljers of the said board. The city clerk may
be removed by the affirmative votes of two thirds of all
the members of each branch of the city council, after
due notice and hearing. The president and clerk of the
common council may each be removed by the affirmative
votes of two thirds of all the members of the common
council. In case of the temporary absence or disability
of the city clerk the mayor may, with the consent of the
l)oard of aldermen, appoint a city clerk pro tempore,
who shall be duly sworn. In case of a vacancy in the
office the same shall be filled by concurrent vote of the
two branches. The two branches shall by ordinance pro-
vide for the election by concurrent vote of a clerk of
conmiittees, and may so provide for the election of a city
messenger.

Section 13. Each branch of the city council shall be
the judge of the election and qualifications of its own
meml)crs, shall determine the rules for its own proceed-
ings, and may appoint such assistant clerks and other
officers as may be necessary for the proper conduct of its
own business.

Section 14. The mayor may at any time call a special
meeting of the city council or of either branch thereof,
by causing a written notice of such meeting, containing a
statement of the subjects to be considered thereat, to 1)e
left at the usual place of residence of each member at
least eight hours previous to the time appointed for the
meeting ; and no other business shall be transacted at
such special meeting except by unanimous consent of all
present.

Section 15. In each branch of the city council a
majority of the whole number of members provided to
be elected shall constitute a quorum for the transaction

Acts, 1896. — Chap. 379. 317

of business, but a smaller number may adjourn from time

to time. The two branches shall sit separately for the Transaction

transaction of all business, and subsequent to the day of °^ ''"*'°'='"*-

organization they shall not both act on the same day

upon a matter involving the appropriation or exjiendi-

ture of money.

Section 16. The salary of the mayor is hereby estab- saiaryof
lished at one thousand dollars for each municipal year. ™'*y°'-

Section 17. All votes of the city council making Appropriations
ap})ropriatious or loans of money shall be in itemized ""^ '"'""*■
form, and when brought before the city council on
recommendation of the mayor no item of the appropria-
tion or loan in excess of the amount recommended by
the mayor shall be passed except by the affirmative votes
of two thirds of the members of each branch present and
voting thereon.

Section 18. Either branch of the city council may l)y Private sittings,
special vote hold private sittings for the consideration ^^'^'
of candidates for election, and the board of aldermen
may likewise hold private sittings for the consideration
of nominations by the mayor ; but all other sittings shall
be public and all votes on elections and on confirmation
of appointments by the mayor shall be taken in public.

Section 19. No member of the city council shall Members of

•^ citv council

during the term for which he is elected hold any other not to houi

m^ •-• ji 1 J • p 1 • 1 certain other

ce or position the salary or compensation tor which office, etc.

is payable from the city treasury, nor shall he act as

counsel or attorney before the city council or before

either branch or any committee thereof.

Section 20. Neither the mayor, nor any member of Purchase of

, . .- 1 /• -IT supplies, niiilj-

the city council, nor any member or any city board, nor ing of contracts,
any officer of the city, shall directly or indirectly pur-
chase from himself or from any firm with which he is
connected supplies or materials on account of or for the
use of the city, or contract with himself or with any firm
with which he is connected for furnishing any supplies,
materials or labor on account of or for the use of the
city.

Section 21. The city council shall have power within city ordinances,
said city to make and establish ordinances and to affix penalties, etc.
thereto penalties for the violation thereof, as herein or
by general law provided, without the sanction of any
court or of any justice thereof. All ordinances so made
and established shall be forthwith published in one or

318 Acts, 1896. — Chap. 379.

more newspapers designated by the mayor, and they
shall, unless they contain an express provision for a
later date, take eflect at the time of their approval by
the mayor, or, if a penalty for their violation is pro-
vided, at the expiration of thirty days fi'om the day of
such approval ; but a failure to so publish shall not affect
the validity of any ordinance.

wa^s'etc'^^' Section 22. The city council shall, subject always to
the approval of the mayor, have exclusive authority and
power to order by concurrent vote the laying out, locating
anew and discontinuing of, and making of specific repairs
and alterations in, all streets and ways and all high-
ways within the limits of the city, and the laying out of
common sewers and public drains ; to assess the damages
sustained thereby by any person ; and, except as herein
otherwise provided, to act in matters relating to such
laying out, locating anew, altering, discontinuing or re-
pairing ; but in all such matters action shall first be taken
by the board of aldermen. There shall be no appeal from
the decision of the city council in refusing to lay out,
locate anew, alter, discontinue or order specific repairs
in any street, way or highway. Any person aggrieved
by the action of the city council in the assessment of his
damages in any case mentioned in this section shall have
all the rights and privileges now by law in similar cases
allowed in appeals from the doings of selectmen.

Mddmie^°oT'^* Section 23. Except as herein otherwise provided the

city council. eity couucil shall in general have and exercise by con-
current vote the legislative powers of towns and of the
inhabitants thereof, and shall have all the powers and
authority given to city councils under the general laws
of the Commonwealth, and be^ subject to the duties im-
posed on city councils ; and the board of aldermen shall
have and exercise all the powers, other than executive,
given to selectmen of towns, and to the board of alder-
men of the city of Marlborough under any special laws
heretofore passed w4th reference to said city of Marl-
borough, and all the powers and authority given to
boards of aldermen of cities not inconsistent with the
provisions of this act, and shall be subject to the duties
imposed upon such boards.

Jf'L"iy°ir!®"' Section 24. The mayor shall be elected from the
qualified voters of the city and shall hold oflSce for the
municipal year next succeeding his election and until his

Acts, 1896. — Chap. 379. 319

successor is elected and qualified, except that when elected
to fill a vacancy he shall hold office only for the unexpired
term and until his successor is elected and qualified.

Section 25. The mayor shall be the chief executive Mayor to be
officer of the city, and the executive powers of the city officer?*'*'""''^
shall be vested in him and be exercised by him either
personally or through the several officers and boards in
their respective departments, unde*- his general super-
vision and control. The mayor may by notice in writ- Removal of
ing suspend any person holding office by election l)y the "ffice^L^'
city council, or by appointment and confirmation by the
board of aldermen, from exercising the duties of such
office for a period not exceeding ten days ; and in such
case shall within twenty-four hours thereafter file in the
office of the city clerk written notice of such action and
of his reasons therefor. The city clerk shall immediately
cause written notice of such action of the mayor to be
sent by mail to the members of the body charged with
the election or confirmation, as the case may be, of in-
cumbents of such office. Such body shall, after written
notice to the person so suspended, give a hearing before
the expiration of such term of suspension, upon the
reasons assigned for his suspension, at which hearing he
shall have an opportunity to be heard. The mayor may,
after such hearing, remove such suspended officer from
his office, provided two thirds of all the members of such
body shall by vote taken by yeas and nays assent to such
removal. Tlie city council may remove from office any
person elected thereto by said body, after written notice
and a hearing given to such person, provided that two
thirds of all the members of each branch of the city
council, acting concurrently, shall vote in favor of such
removal, by a yea and nay vote.

Section 26. The mayor shall communicate to the General powers
city council such information and shall recommend such mayo""'"'"^
measures as in his judgment the interest of the city shall
require ; shall cause the laws, ordinances and orders for
the government of the city to be enforced, and shall
secure an honest, efficient and economical conduct of the
executive and administrative business of the city, and the
harmonious and concerted action of the difierent admin-
istrative and executive departments.

Section 27. In case of a vacancy in the office of Vacancy in

/, 1 . T ji • ,• , office of mayor,

mayor, or in case oi his death, resignation or absence etc.

320

Acts, 1896. — Chap. 379.

Appointments
by mayor and
aldermen.

Record of
official acts
of mayor to
be kept.

Mayor to con-
sult with heads
of departments.

Estimates for
the several de-
partments, etc.

Appropriations
and expendi-
tures.

from the Commonwealth, or of his inability from other
cause to perform the duties of his office, the president
of the board of aldermen shall, under the style of acting
mayor, exercise the powers and perform the duties of
mayor, except that he shall not, unless authorized thereto
in a special instance by the city council, make any per-
manent appointment or removal from office ; nor shall he,
unless such disability of the mayor has continued at least
ten days, or unless the office of mayor has become vacant,
have power to approve or disapprove any ordinance,
order, resolution or vote of the city council.

Section 28. The mayor shall appoint, subject to the
confirmation or rejection of the board of aldermen, all
the officers of the city, except those whose election or
appointment is herein otherwise provided for. No such
appointment made by the mayor shall be acted upon by
the board of aldermen until the expiration of one week
from the time when the appointment is transmitted to the
board, except by unanimous consent.

Sectiox 29. The mayor shall cause to be kept a record
of all his official acts, and for that purpose and to aid him
in his official duties he may at any time require the aid of
any clerk regularly employed by the city.

Section 30. The mayor shall as often as once in each
month call together for consultation upon the afiairs of
the city the heads of departments, who shall whenever
called upon furnish such information relative to their
respective departments as he may request.

Section 31. The mayor shall, prior to the first day
of March in each year, cause to be made to him by the
heads of departments and by all other officers and boards
having authority to expend money, detailed estimates of
the amounts deemed by them to he necessary for their
respective departments for the financial year, which shall
begin on the first day of January ; and he shall, not later
than the first week in March, transmit such estimates to
the city council, recommending appropriations for each
department or purpose as he shall deem necessary therefor.
Section 32. No sum appropriated for a specific pur-
pose shall be expended for any other purpose ; and no
expenditure shall be made and no liability incurred by or
in behalf of the city until the city council has duly voted
an appropriation sufficient to meet such expenditure or
liability, together with all prior unpaid liabilities which

Acts, 1896. — Chap. 379. 321

are payable therefrom, except that after the expiration of
the tinancial year and before the making of the regular
annual appropriations liabilities payable out of a regular
appropriation may be incurred to an amount not exceed-
ing one fourth of the total of the appropriation made for
similar purposes in the preceding year.

Section 33. The mayor shall annually require all ^enl^o""?'
boards and officers intrusted with the receipt and ex- ceipts, expendi-

• /»-!• I'll T t tUrGS) 6lC*

penditure of pulilic money and with the care and custody
of public property to make particular and detailed state-
ments thereof, and shall cause such statements to be
published for the information of the citizens.

Section 34. There shall be the following adminstra- Administrative
five officers, who shall perform the duties by law pre-
scribed for them respectively, and such further duties
not inconsistent with the nature of their respective offices
and with general laws as the city council may prescribe :
— A city treasurer, a city collector, a city auditor, a city
solicitor, a city physician, a city engineer, a board of
assessors, to consist of three persons, a board of over-
seers of the poor, to consist of three persons, a board of
health, to consist of three persons, and of whom the city
physician shall by virtue of his office be one, and a board
of public works, to consist of three persons. The treas-
urer, collector, auditor, solicitor, physician and engineer
shall be elected annually in the month of January l)y the
concurrent vote of both branches of the city council, and
shall hold office for the term of one year. The members of
the board of assessors, overseers of the poor, and the two
members who with the city physician are to compose the
board of health, shall be elected respectively by con-
current vote of both branches of the city council for the
term of three years, excepting that said two members of
the board of health shall be elected for the term of two
years ; and one member of each of said boards, exclusive
of the city physician, shall be elected annually in the
month of January, as the terms of the incumbents of said
offices expire. Vacancies occurring in an}^ of said boards
or offices may be filled by the city council by concurrent
vote at any time for the unexpired term. The board of
public works shall be appointed in the month of January
by the mayor and confirmed by the board of aldermen ;
of the members of said board first appointed one shall be
appointed for the term of three years, one for the term of

322

Acts, 1896. — Chap. 379.

Board of public
works, powers
and duties.

Obstruction of
highways, etc.

Plans to be
made showing
existing water
courses, etc.

two years and one for the term of one year, and thereaffcer-
wards one meml^er shall be appointed annually in the
month of January for the term of three years. The mayor
shall designate the chairman of said board. Vacancies oc-
curring in said l)oard may be filled by the mayor and al-
dermen at any time for the unexpired term, in the same
manner as original appointments are made to said office.
The respective terms of the foregoing officers and mem-
bers shall begin on the first Monday of February in the year
of their election or appointment, respectively, and they
shall hold office until their successors are duly elected or
appointed, and qualified.

Section 35. The board of public works shall have and
exercise the powers of surveyors of highways, and shall
also have charge of the construction, maintenance, altera-
tion and repair of all streets, highwa3's and other ways,
and of all sidewalks, bridges and sewers, sewerage works,
drains and waterways. No department of said city and no
corporation or person shall at any time open, dig up or
otherwise obstruct any street, highway, way or sidewalk in
the city, or lay pipes or erect or maintain poles or any
other structure within the location of any such street,
highway, way or sidewalk, except by order of the city
council, without the consent of said board in writing pre-
viously olrtained. Said board may apportion and delegate
its various powers and duties among sub-departments or
divisions, each of which may be in charge of a superin-
tendent or foreman, who shall be appointed and may be
removed by said board.

Sectiox 36. The board of public works shall from
time to time as the city council shall direct cause to l)e
made under its direction plans of such territory or sec-
tions of land in said city as said city council shall direct,
showing thereon existing water courses and valleys, and
the location, grades and the required sections or carrying
capacity of such water courses, so far as may be necessar}'
for the complete and proper carrying of the estimated
quantity of water that should be provided for through
said valleys and water courses, and also the width or
amount of land necessary to be entered upon for the
proper construction and maintenance of drains or water-
ways to be used therefor. Said plans shall also show
such existing buildings, streets, property lines and other
data as may be required for the proper determination of

Acts, 1896. — Chap. 379. 323

such location indicated ; but inaccuracies and omission of
such information shall not render such plans invalid.
No person or corporation shall enter any drain or sewer watercourses,
into any such water course, nor conduct any sewerage polluted, etc.
or drainage matter or pollution of any kind therein, nor
into any water course, channel or stream, natural or arti-
ficial, connected therewith, and shall not injure, destroy,
divert or obstruct any such water course.

Section 37. The board of public works shall from pianstobe
time to time, as directed by the city council, cause plans locatiou of ex-
to be made of such portions of the city as said city council parkl^etc!*^*'
shall direct, showing thereon the location of existing
streets, ways and parks, and all such streets, ways and
parks, whether already laid out or not, as said board of
public works shall be of the opinion the present or future
necessity of the city shall require within the territory upon
said plans, showing clearly the direction, width, grade
and l)oundary lines of such streets, ways and parks. The
completion and filing as herein provided of any such plan
shall define the location for streets, ways and parks in
the portion covered by said plan. No street or way
shall hereafter be laid out by the city council in territory
included in said plans, except in accordance with streets
and ways as laid out thereon.

Section 38. Before making any plan as herein pro- Hearing to be
vided the board of i)ul)lic works shall, after due notice ilJopen t"o°pub.
to all parties interested, give a hearing ; and after the ^'^c^j^^pection,
making of said plan and before adopting and recording
the same shall give a like notice, and shall keep said plan
open to public inspection for two months after the first
notice of said second hearing and before the date thereof.
Notice shall be given of each such hearing and the placing
of each such plan open to public inspection, in at least
two newspapers pul^lished in said city, once a week for
three successive weeks before the hearing or placing of
said plan open to public inspection. Said plan after said
hearings and after being kept open to public inspection
as herein pro'S'ided, and after such alterations shall have
been made thereon as may be deemed necessary by said
l)oard, shall l)e marked as made under the provisions of
this act, 1)6 signed and approved by a mdjority of said
board of public works and be filed in the ofiice of the city
engineer, and the date of the filing be written thereon
and attested by said city engineer. Every plan so signed

324

Acts, 1896. — Chap. 379.

Plans may be
amended, etc.

May enter upon
lands, make
surveys, etc.

Damages, etc.

Enforcement
of provisions
of sections
35 to 40.

Additional
officers, etc.

Changes in
boards and
ofScee.

and attested shall be prima facie evidence that said plan
and all data made thereon are under the authority of and
in accordance with the provisions of this act. Every
such plan may be amended, annulled or repealed after
like notices, hearings and proceedings as for adopting
the same, either by said board of public works or by the
city council.

Section 39. The board of public works may enter
into and upon any land so far as it deems necessary to
carry out the provisions of this act, and make such ex-
aminations and surveys as it deems necessary. Any
person injured in his property by acts done under the
provisions of this section shall be entitled to damages
therefor, to be determined in the manner provided for
determining and paying damages sustained in laying out
streets and ways in said city. The preceding sections,
thirty-five to thirty-nine, inclusive, shall not be con-
strued to authorize any taking or condemnation of land
or rights in or appertaining to land, or any water rights
or easements.

Sectiox 40. Said city may from time to time make
ordinances for the purpose of enforcing and carrying out
the provisions of sections thirty-live to forty, inclusive,
of this act, and affix penalties thereto not exceeding fifty
dollars for each offence.

Section 41. The city council may from time to time,
subject to the provisions of this act and in accordance
with general laws, if they exist in any particular case,
provide ]jy ordinance for the establishment of additional
boards and other officers for the control and care of
public parks, public grounds and cemeteries, and for
other municipal purposes ; may determine the numl)er
and duties and terms of office of the incumbents of such
boards and offices ; and for such purposes may delegate
to such boards and offices the administrative powers
given l)y general laws to city councils and boards of
aldermen. The city council may likewise from time to
time consolidate boards and offices now or hereafter
established under the provisions of this act, and may
separate and divide the powers and duties of such boards
and offices, and may transfer such powers and duties to
other boards and offices now or hereafter estaljlished
under the provisions of this act, may increase the num-
ber of persons constituting either of the boards above-

Acts, 1896. — Chap. 379. 325

specified, and when such increase has been made may
subsequently diminish the number, may increase or dimin-
ish the number of persons who shall perform the duties
of an otlice or board now or hereafter established as
above-provided, and may abolish an office or board so
hereafter established. The members of all l)oards and Appointment.
offices provided for in this section shall be appointed by certain officers.
the mayor and confirmed ])y the board of aldermen.
The term of every administrative officer and of members
of every administrative board, not otherwise provided
for, shall begin on the first Monday of February in each
year, and shall continue for one year, unless the city
council hy ordinance shall otherwise determine ; and
every such officer or member shall continue to hold
office until his successor is duly appointed or elected,
and qualified. Nothing in this section shall be construed
to prevent the appointment or election of any such officer
or member at any time to serve during the remainder of
the prescribed term.

Section 42. All administrative officers shall ])e sworn oatha of office,
to the faithful discharge of their respective duties, and '■''°°"'''-
certificates of their oaths shall be made and kept in the
office of the city clerk ; and all such boards and other
officers shall keep a record of their official transactions,
and such record shall be open to pul)lic inspection.

.Section 48. The city council shall require the city certain officers
treasurer, the city collector, and the city clerk, and may '<* sive bonds.
require all other officers who are intrusted with the
receipt, care or disbursement of money, to give bonds
with such security as it shall deem proper, for the faith-
ful discharge of their respective duties.

Section 44. The administrative boards and officers subordinate
above-specified, and every administrative board and offi- etcrof'adminik-
cer hereafter estal)lislied by the city council under the etc"^' ^''^'^''
provisions of this act, and having the charge of a depart-
ment, .shall have the power to appoint and employ and
to discharge and remove all subordinate officers, clerks
and assistants, in their respective departments ; and they
shall keep a record, subject to ins})ection, of all so ap-
pointed and employed and of all discharged and removed,
and, in case of discharge and removal, of the grounds
therefor.

Section 45. The several administrative boards and .^"P'^y^^f."***^

/Y> 1 . 1 .1 , T labor, making

officers having charge ot departments shall within their of contracts, etc.

326

Acts, 1896. — Chap. 379.

Employment of
labor, making
of contracts, etc.

Police depart-
ment.

Fire depart-
ment.

Water commiB>
Bioners, t'lec-
tion, teriutj, etc.

respective departments employ all labor, make and exe-
cute all necessary contracts, purchase all materials and
su})i)lies, have the entire care, custody and management
of all public Avoiks, institutions, l)uildings and other
property, and shall in general have the immediate direc-.
tion and control of all executive and administrative lousi-
ness ; and they shall at all times be accountable for the
})ro])er discharge of their duties to the mayor as the
chief executive otliccr of the city. All contracts made
in behalf of the city in which the amount involved ex-
ceeds three hundred dollars, in order to be valid, shall
be aj)})roved in writing by the mayor; and exce])t as
herein otherwise provided or by law required no ex-
penditure shall be made or liability incurred for any
purpose beyond the appropriations previously made
therefor.

Section 46. The city council shall establish a police
dci)artment, to consist of a city marshal or chief of police,
and as many regular police ofKcers as it may from time to
time decide. The city marshal or chief of police shall be
api)ointed annually for the term of one year and until his
successor is appointed and qualified. All regular j)()lice
officers shall serve during good behavior and until re-
moved for cause, after due notice and hearing. Such
number of special police officers and of constables as the
city council may from time to time decide shall also be
ajjpointed.

Sec'iiox 47. The city council shall estal)lish a fire
dei)artment and provide for the appointment of a chief
engineer and of such other members of the department
as it may from time to time determine.

Section 48. The city council shall elect by concur-
rent vote a board of water commissioners, to consist of
three persons, to serve for three years, one to l)e elected
in January in each year as the respective terms of office
of the })resent incumbents ex])ire, and one each year
thereafter. The mayor shall designate the chairman of
said board. Said board may apjooint and remove a
superintendent of water works and a Avater registrar,
and may fix the salaries of said officers. Said board
shall exercise such }K)\vers and perform such duties in
relation to the city water works and water sup})ly as the
city council shall by ordinance prescribe and ])y order
direct, and in the absence of such ordinance or order

Acts, 1896. — Chap. 379. 327

said board shall have and exercise the powers and duties
intrusted to the water commissioners of the city of Marl-
borough by existing law. The city council may by ordi-
nance abolish said board and in like manner may provide
that any or all said powers and duties shall l)e vested in
the board of pul)lic works, or in any other board estab-
lished under the provisions of this act. Vacancies occur- Vacancies.
ring in said l)oard may be filled by the city council by
concurrent vote at any time.

Section 49. The city council shall elect by concur- Trustees of
rent vote nine persons to be trustees of the public eiectlonl'termB,
library, to serve for three years, three to he elected in ^^^'
January in each year as the respective terms of office of
the existing library committee expire, and three each
year thereafter. The present incumbents of the library
committee shall continue to hold their said offices until
the expiration of their respective terms as provided in
this act, under the name of the trustees of the public
library. Vacancies occurring in said board may be filled Vacanciee, etc.
by the city council by concurrent vote at any time. Said
trustees shall have the management and control of the
public library of said city of Marlborough, and the ex-
penditure of all moneys which may be appropriated by
said city for said library, and of all moneys which may
come into the possession of said city for the benefit of
said library, and may employ such assistants as they
shall deem necessary, and establish their rate of com-
pensation.

Section 50. Every administrative board, through its officers to
chairman, and every officer having charge of a depart- iuFoTm&uou^"^
ment shall at the request of either branch of the city
council appear before it and give such information as it
may require in relation to any matter, act or thing con-
nected with the discharge of the duties of such Ijoard or
office ; and when so requested to appear the officer who
appears shall have the right to speak upon all matters
under consideration relating to his department.

Section 51. The city council shall establish by ordi- Salaries.
nance the salary or compensation of every officer except
the mayor and except as herein otherwise provided ; but
after the first municipal year under this act no ordinance
changing any such salary or compensation shall take eflect
until the municipal year succeeding that in which the
ordinance is passed.

328

Acts, 1896. — Chap. 379.

School commit-
tee, election,
term, etc.

Vacancies.

Organization,
quorum, etc.

Superintendent
of schools, etc.

Section 52. The management and control of the pub-
lic schools of the city shall l^e vested in a school com-
mittee, consisting of seven members, who shall be elected,
one from each ward, by the qualified voters of the entire
city, and shall serve without compensation for the term of
three years beginning on the first Monday in January, and
shall be elected as follows : At the first annual municipal
election held under this act and at the annual municipal
election occurring in every succeeding year thereafter
there shall be elected as many members of the school
committee as may ])e necessary to fill the vacancies occur-
ring in said board by reason of expiration of terms of
service in the municipal year in which such election
occurs. The mayor shall be the presiding ofiicer of said
board but shall not have the right to vote.

Sectiox 53. In case of a vacancy in the office of a
member of the school committee the mayor shall call a
joint convention of the city comicil and of the school
committee, at which the mayor shall preside ; and such
vacancy shall by vote of a majority of all the members of
the two bodies be filled by the election of a member to serve
until the end of the municipal year in which the warrant
for the next annual municipal election shall be issued ;
and at such election the further vacancy, if any, shall be
filled for the remainder of the unexpired term, in the same
manner as the member whose office is vacant is elected.

Section 54. The school committee shall meet on the
first Monday in January in each ^ear and organize by the
election by ballot of one of its members as chairman, who
shall preside in the absence of the mayor, and by the
election of a clerk. The committee shall be the judge
of the election and qualification of its members and shall
determine the rules for its proceedings. A majority of
the whole number provided to be elected shall constitute
a quorum for the transaction of liusiness, but a smaller
numlier may adjourn from time to time.

Section 55. The school committee shall elect a super-
intendent of schools, who shall not l)e a member of said
committee, and may appoint such other subordinate officers
and assistants as it may deem necessary for the proper dis-
charge of its duties and the conduct of its business ; shall
define their terms of service and duties and fix their
compensation, and may remove and discharge them at
pleasure.

Acts, 1896. — Chap. 379. 329

Section 56. The school committee, in addition to the school lands,
exercise of the powers and the discharge of the duties "' *°^*'
imposed by law upon school committees, shall, subject to
the approval of the mayor and to the provisions of the
following three sections, have full power and authority to
select and purchase lands for school purposes, to deter-
mine the plans of all school buildings to be erected,
to order all additions, alterations and repairs to school
buildings, and to provide when necessary temporary
accommodations for school purposes, and shall supervise
and direct the making of all additions, alterations and
repairs to school buildings.

Section 57. The school committee shall in the month Estimates of
of January in each year submit to the mayor an estimate ^^p®"***®-
in detail of the amount deemed by it necessary to expend
for its purposes during the succeeding financial year ;
and the mayor shall transmit the same, with the estimates
of the departments, to the city council, and shall recom-
mend such appropriations as he shall deem necessary.

Section 58. Unless thereto required by law the school penduur"' ^e^tc
committee shall cause no lial)ility to be incurred and no
expenditure to be made for any purpose ])eyond the
specific appropriation which may l)e made therefor by
the city council, except that after the expiration of the
financial year and before the making of the regular annual
appropriations liabilities payable out of a regular appro-
priation may ])e incurred, to an amount not exceeding
one fourth of the total of the appropriation made for
similar purposes in the preceding year.

Section 59. All orders, resolutions and votes of the orders, etc.,
school committee Avhich involve the expenditure of money p°endi?u°rl o^'
shall be presented to the mayor for his approval in writ- ™°°^y-
ing ; and thereupon the same proceedings shall be had as
are provided by law in relation to similar orders, resolu-
tions and votes of a city council.

Section 60. The general laws relating to the municipal ^lons^o" LT to
indel)tedness of cities, not inconsistent with special laws »pp'y-
heretofore passed wath reference to the city of Marl-
borough, the general laws requiring the approval of the
mayor to the doings of a city council or of either branch
thereof, and relative to the exercise of the veto power by
the mayor of a city, and the provisions of chapter three
hundred and twenty of the acts of the year eighteen hun-
dred and eighty-four and all acts in amendment thereof

330

Acts, 1896. — Chap. 379.

Certain provi-
sions of law to
continue in
force.

Certain persons
to continue in
office until
organization
of city govern-
ment, etc.

Certain pro-
ceedings not
afifected, etc.

Trust funds.

and in addition thereto, shall have full force, application
and effect in said city.

Section 61. All general laws in force in the city of
Marlborough when this act shall be accepted as herein
provided, and all special laws heretofore passed with
reference to said city of Marlborough not inconsistent
with the provisions hereof, and which shall then l)e in
force therein, shall, until altered, amended or repealed,
continue in force in the said city of Marlborough.

Sectiox 62. The persons holding the offices of mayor
and memliers of the city council in said city at the time
when this act takes effect and liecomes of force therein,
as herein provided, shall continue to hold such offices
until the organization of the city government hereby
authorized shall be effected, and until their successors
shall be chosen and qualified; all other persons holding
office in said city at said time, whether by election liy the
voters, election by the city council, or by appointment
and confirmation by the board of aldermen, shall continue
to hold such oflace until the expiration of the respective
terms for which said incumbents were elected or ap-
pointed and until their successors are elected or appointed,
and confirmed and qualified, except as otherwise provided
in this act. Every person elected or appointed to office
under the provisions of this act shall serve, except as
herein otherwise provided, for the term for which he was
elected or appointed and until his successor is elected or
appointed, and confirmed and qualified according to law.
Section 63. No suits, prosecutions or other legal
proceedings in which said city is a party, pending at the
time when this act takes effect in said city, and no rights
then already accrued or penalties or forfeitures incurred
under any such proceedings, shall l>e affected or impaired
by the taking effect of this act, and all ordinances of
said city shall continue in force until repealed or super-
seded.

Section 64. Trust funds now or hereafter given to or
held by said city shall be received, held and administered
by the city council of the city, and trust funds now or
hereafter given to or held by designated officers of the
city shall be received, held and administered by the mayor
or by other officers of the said city having powers corre-
sponding to those of the officers who formerly held and
administered such funds.

Acts, 1896. — Chap. 379. 331

Section 65. The board of aldermen shall notify of ftTrsteielfuon'*
their election the persons elected at the first election '» ^e notified,
under this act, and shall provide and appoint a place for
the first assembling of the mayor and city council, and for
the meeting of the city council on the first Monday in the
January next ensuing ; and shall by written notices left
at their respective places of residence at least twenty-
four hours prior to such assembling, notify thereof the
mayor elect and the meml)ers elect of the city council,
Avho shall proceed to organize and carry into eflect the
provisions of this act, which shall then have full force
and effect.

Section 66. A meeting of citizens entitled to vote in Meetings for
all wards may be called for the purpose of submitting the que^lon^cff
question of the acceptance of this act to the legal voters acceptance.
of said city at any time after the passage hereof, except
in the months of November and December. At such
meetings the polls shall be open not less than eight hours
and the vote taken by ballot, in accordance with the pro-
visions of chapter four hundred and seventeen of the acts
of the year eighteen hundred and ninety-three, and of all
other acts relating to the city elections, so far as the same
shall be applicable, in answer to the question, " Shall
an act passed by the general court in the year eighteen
hundred and ninety-six, entitled ' An Act to revise the
charter of the city of Marlborough', be accepted?"; and
the afiirmative votes of the majority of the voters present
and voting thereon shall be required for its acceptance.
If at the meetino;s so called this act shall fail to be thus
accepted it may at the expiration of one year from any
such previous meetings be again thus submitted for ac-
ceptance, but not after the period of three years from the
passage hereof.

Section 67. This act, or any part thereof, shall not ^^®tobe°**'
be altered or amended without having such alteration or approved by a
amendment first approved l)y the afiirmative vote of a
majority of the voters of the whole city present and vot-
ing at any legal election.

Section 6S. So much of this act as authorizes the when to take
submission of the question of its acceptance to the legal *'^®°'"
voters of said city shall take eft'ect upon its passage,
but it shall not take further effect unless accepted by the
legal voters of said city as herein prescribed.

Ax>proved May 8, 1896.

332

Acts, 1896. — Chaps. 380, 381.

CAop.SSO

Who Bhall act
in case of
vacancy, etc.,
in office of
mayor.

To be styled
acting mayor.

Repeal.

An Act relative to vacancies in the office of mayor.

Be it enacted, etc., as foUotvs :

Section 1. Except where otherwise provided by city
charters, in case of the death, resignation or absence of
the mayor of any city, or of his inability to perform the
duties of his office, the same shall devolve upon the chair-
man or presiding- officer of the board of aldermen of such
city, and if there is no such chairman or presiding officer,
or if such chairman or presiding officer is also absent or
unal)le from any cause to so perform the duties of the
office of the mayor, the same shall then devolve upon
the president of the common council, if there is any ;
and if there is no such president of the common council,
then upon such alderman as the l>oard of aldermen from
time to time may elect, until the mayor or chairman or
presiding officer of the board of aldermen is al)le to attend
to said duties or until the vacancy is filled as provided by
the charter of such city.

Sectiox 2. The person on whom such duties shall de-
volve shall be styled " Acting Mayor", and shall possess
the powers of mayor only in matters not admitting of
delay, and shall have no power to make any })ermanent
appointments.

Section 3. Chapter one hundred and eighty-two of
the acts of the year eighteen hundred and eighty-two is
hereby repealed.

Section 4. This act shall take eft'ect upon its passage.

Appro ced May 9, 1896.

O^ft^.SSl An Act relative to the presentation of certain petitions to

THE general court.

Copies of
petitions for
incorporation,
etc., of educa-
tional institu-
tion to he
published.

Be it enacted, etc., as folloios:

Section 1. Whoever intends to present to the gen-
eral court a petition for the incorporation of a college or
university or other educational institution, with power to
grant degrees, or for an amendment to the charter of an
existing educational institution so that the said institu-
tion not having such power shall thereafter have power
to grant degrees, shall give notice of such petition by
publishing a copy of the same once a week for three
successive weeks in such newspaper or newspapers as
the secretary of the state board of education shall direct,

Acts, 1896. — Chaps. 382, 383. 333

the last publication to be made at least fourteen days
before the session at which the petition is to be presented.

Section 2. Such petitions shall be deposited with the Petitions to be
secretary of the state board of education, with proof of secretary of'
publication satisfactory to him, on or before the first day educatro" etc.
of January, and the said secretary shall transmit the
same to the general court during the first week of the
session, wdth the endorsement, in each case, that the
required publication has l)een made.

Section 3. This act shall take effect upon its passage.

Approved May 9, 1896.

Chap,S82

An Act relative to the cost of education in the public
schools of children under the charge of the state
board of lunacy and charity, or of the trustees of
the lyman and industrial schools.

Be it enacted, etc., as follows:

Section 1 . For the education and instruction in the Payment of

11. ii- J "J /> I'll I'l cost of educa-

public schools m any town or city or any child or chil- uon of certain
dren between the ages of five and fifteen years who shall '=^'''^''®°-
l)e placed, boarded or bound out by the state board of lu-
nacy and charity, or l)y the trustees of the Lyman and
industrial schools, or kept under the control of either of
said boards in said town or city, other than the town or
city from which said children are entitled by law to re-
ceive education and instruction, the Commonwealth shall
pay to such town or city the sum of fifty cents for each
week of five days, or major part thereof, of attendance of
each of such children in the public schools.

Section 2. Settlements of the accounts of the several fo%"^made^
towns and cities with the Commonw ealth under this act a°nuaiiy.
shall be made annually on the first day of April, and the
amounts found due shall be paid within three months
thereafter.

Section 3. The money received by said cities and Disposition of

••/>!• j^iiii Till money received.

towns under the provisions oi this act shall be added by
them to the appropriations for the salaries of the teachers
in the public schools of such cities and towns.

Approved May 9, 1896.

An Act relative to the state ballot law commission. O^ttXJ.SSS
Be it enacted, etc., as follows:

Section 1. The state ballot law commission shall state baiiot law

• f 1 111 commission,

hereafter consist oi three members, and they shall be so appointment,

*' terms, etc.

334

Acts, 1896. — Chap. 383.

State ballot law
commission,
appointmeDti
terms, etc.

Vacancy.

Not to hold
certain other
oflBce, etc.

May summon
witnesses, etc.

Decision to be
final.

Compensation.

selected that at least one of said members shall be of the
political party which at the annual state election next
preceding their appointment cast the largest vote for
governor, and at least one of said members shall be of
the political party which cast the next largest vote for
governor. The governor with the consent of the council
shall in the month of June or July during the current
year appoint three persons as members of the state ballot
law commission, for the terms of one, two and three years
respectively from the lirst day of August next, and in
June or July in succeeding years one person for the
term of three years from and after the expiration of the
term of office of the member whose term expires in that
year. The governor with the consent of the council may
remove any member of the commission. Any vacancy in
said commission shall be filled by appointment in a like
manner for the remainder of the unexpired term.

Section 2. No member of the state Imllot law com-
mission shall hold any puljlic ofiice except that of justice
of the peace or notary public, or l^e a candidate for pul^lic
office, or an emplo^^ee or a member of any committee of
any political party. If any member of the commission
shall be nominated as a candidate for public office and
shall not in writing decline said nomination within the
period of three days he shall be deemed to have vacated
his office as a member of said commission.

Section 3. The state ballot law commission may sum-
mon witnesses and administer to them oaths, and may
require the production of books and papers at a hearing
before them upon any matter within their jurisdiction.
Witnesses shall be summoned in the same manner, be
paid the same fees, and be subject to the same penalties
for default, as witnesses summoned before the general
court. A summons may be signed and an oath may be
administered by any member of the said commission.

Section 4. The decision of a majority of the members
of the commission upon any matter within its jurisdiction
shall ])e final.

Section 5. The members of the state ballot law com-
mission shall be paid such compensation for their services,
not exceeding five hundred dollars each, as the governor
and council may determine ; and the total expenditures
by and on account of said commission shall not exceed
the sum of two thousand dollars in any one year.

Acts, 1896. — Chaps. 384, 385. 335

Section 6. Sections ninety-two, ninety-three, ninety- Repeal,
four and ninety-five of chapter four hundred and seventeen
of the acts of the year eighteen hundred and ninety-three,
and chapter three hundred and forty-three of the acts of
the year eighteen hundred and ninety-four, are hereby
repealed.

Section 7. This act shall take effect upon its passage.

Approved May 9, 1896.

An Act relative to the votes and proceedings of county (^Jjrijy S84-

COMMISSIONERS. "'

Be it enacted, etc., as follows :

Section 1. Tire county commissioners in each county county com-
shall keep a full and complete record of the proceedings "e'epaT/cord
at all of their meetings and, in all cases where the vote "t mJ'eungs"^^
or decision of the county commissioners is not unani- «"=•
mous, the record shall be so kept as to show which of
the county commissioners voted in the affirmative and
which in the negative ; and a copy of said record, at-
tested by the clerk of the county commissioners, shall on
or Ijefore the fifteenth day of January in each year be
transmitted to the controller of county accounts, and the
controller shall submit the same to the general court.

Section 2. In counties where there is no assistant cierkprotem-
clerk of courts the county commissioners may appoint a appointed in
clerk pro tempore of the board, who ma}^ be a woman, '=®"^^° '=^^^^-
and who shall be sworn by the chairman of the board,
and who shall make a full record of the proceedings of
the meetings and return the same forthwith to the clerk
of the commissioners, who shall enter the same upon the
records of the commissioners. Approved May 9, 1896.

An Act relative to tramps. Ch(l7).SS5

Be it enacted, etc., as follows :

Section 1. Any person, not being a minor under certain persons
seventeen years of age, a blind person, or a person ask- uampl!^'"*''
ing charity within his own city or town, who roves about
from place to place begging, or living without labor or
visible support, shall be deemed a tramp. An act of
begging or soliciting alms, whether of money, food,
lodging or clothing, by a person having no residence in
the town within which such act is committed, or the
riding upon a freight train of any railroad, whether

336 Acts, 1896. — Chaps. 386, 387.

within or without any car or part thereof, without a
permit from the proper officers or employees of such
railroad or train, shall be prima facie evidence that such
person is a tramp.
Repeal. Section 2. Section thirty-eight of chapter two hun-

dred and seven «f the Public Statutes is hereby repealed.

Approved May 9, 1896.

Chap.SSQ ^^ -^^"^ ^O AUTHORIZE THE UNITED ELECTRIC LIGHT COMPANV TO
DO BUSINESS IN ADJOINING CITIES AND TOWNS, TO HOLD CER-
TAIN STOCK AND TO ISSUE BONDS,

Be it enacted, etc., as follows :

iH'cSfght Sectiox 1. The United Electric- Light Company,
extend its "^'*^ locatcd ill Springfield, is hereby authorized, upon the
business, etc. approval of the board of gas and electric light commis-
sioners, to carry on its business in the cities and towns
adjoining said Springfield, with all the rights, powers
and privileges and subject to all the duties and liabilities
in said adjoining cities and towns which now are or may
be in force applicable to such corporations ; and said
corporation may hold the stock of the Indian Orchard
Company, and may issue bonds in such amounts and at
such times as the said board of gas and electric light
commissioners may determine, and may mortgage or
pledge as security for the payment of such bonds its
franchises and any or all of its estate, real and personal.
Section 2. This act shall take effect upon its passage.

Approved 3fay 11, 1896.

Chap. SS7 An Act to repeal chapter forty-five of the acts of the

YEAR EIGHTEEN HUNDRED AND NINETY, RELATIVE TO THE WOON-
SOCKET ELECTRIC MACHINE AND POWER COMPANY.

Be it enacted, etc. , as foUoivs :

repealed. Section 1 . Chapter forty-five of the acts of the year

eighteen hundred and ninety, entitled "An Act to au-
thorize the Woonsocket Electric Machine and Power
Company of Rhode Island to erect and maintain poles
and wires and to furnish electric light and power in the
town of Blackstone, in the state of Massachusetts", is
hereby repealed.

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

Approved May 12, 1896 » »

Acts, 1896. — Chaps. 388, 389, 390. 337

An Act to authorize the revocation or revision of orders (Jfiap,38S

REQUIRING RECOGNIZANCES.

Be it enacted, etc., as folJoios :

When a person has l)een ordered to enter into a recosj- Orders requu-

•/i ±- 1 i.1 • • ^ 1 ^ ingrecogni-

nizance with sureties, under the provisions oi cliaptcr zancesmaybe
two hundred and eleven of the Public Statutes, the court
ordering such recognizance may at any time, for good
cause, revoke such order, or reduce the amount required,
or direct that the defendant's recognizance be taken with-
out surety. Approved May 12, 1S06.

An Act relative to larceny committed in buildings, or on f^j^rj^ S89

SHIPS AND vessels. ^ *

Be it enacted, etc. , as follows :

Section sixteen of chapter tw^o hundred and three of p-8.203,§i6,

, *^ . . atnenaea.

the Public Statutes is hereby amended by striking out
the Avord "or", in the first line, and by inserting after
the word "vessel", in the same line, the words: — or
railroad car, — so that the section as amended shall read
as follows : — Section 16. Whoever steals in a building, Penalty for
ship, vessel, or railroad car, shall l)e punished by im- buudhfgs?
prisonment in the state prison not exceeding five years, ^^^'p^* «'^'=-
or by fine not exceeding five hundred dollars, or l)y im-
prisonment in the jail not exceeding two years.

Approved May 12, 1896.

An Act to authorize the hanover street railway company
to extend its tracks.

Chap.mO

Be it enacted, etc., as follows:

Section 1 . The Hanover Street Railway Company is May extend its
hereby authorized to extend and operate its railway in Norw^eulac.
and through the town of Nor well, upon locations granted
by the board of selectmen of said town and sulvject to such
limitations and conditions as may be imposed by said
board, and all locations and rights heretofore granted
to said Hanover Street Railway Company are hereby
ratified and confirmed.

Section 2. This act shall take eff'ect upon its passage.

Approved May 12, 1896.

338

Acts, 1896. — Chaps. 391, 392.

Chap.^^1

Liability of
officers and
members of
certain foreign
corporatioDB.

Liability when
certain property
is not conveyed
and taken at a
fair valuation,
etc.

Enforcement
of liability.

An Act kfxative to the paying in of capital stock and to
the liallility of officers and stockholders of foreign
corporations doing business in this commonwealth.

Be it enacted^ etc., as folloivs :

Section 1 . The officers and memljers or stockholders
in any corporation established under the laws of any
other state or foreign country, and hereafter and not
now having a usual place of business in this Common-
wealth, shall be jointly and severally liable for its debts
and contracts, on the same conditions and in the same
manner as provided in the case of domestic corporations,
])y sections sixty to seventy-one inclusive of chapter one
hundred and six of the Public Statutes ; but the liability
under clause four of said section sixty shall not apply in
the case of foreign corporations.

Section 2. If the capital stock of any corporation
sultject to section one of this act has been paid in l)y a
conveyance to the corporation of property, real or per-
sonal, the officers, mem))ers or stockholders of such cor-
jxn'ation shall be jointly and severally liable for its debts
or contracts, if said property is not conveyed and taken
at a fair valuation. But only those officers or stock-
holders who participate in the conveyance or taking of
such property at such unfair valuation, or those stock-
holders who have purchased or received their shares with
knowledge of said tact, shall ])e lialile for such de])ts.
The extent and manner of enforcing such liability shall
be the same as provided in sections sixty-nine to seventy-
one inclusive of chapter one hundred and six of the Pub-
lic Statutes in the case of domestic corporations.

Section 3. This act shall take eifect upon its passage.

Approved May 12, 1890.

CJlClp.SQ^ An Act to authorize the city of lynn to borrow money

FOR THE PURPOSE OF BUILDING SEWERS AND DRAINS.

Be it enacted, etc., as folloios:

Section 1. The city of Lynn, for the purpose of
l)uilding sewers and drains, may incur indebtedness from
time to time to an amount not exceeding forty thousand
dollars beyond the limit of indelitedness fixed hy law for
said city ; and for this purpose may issue from time to
time bonds, notes or scrip not exceeding said amount.

City of Lynn
Sewer Loan,
Act of 1896.

Acts, 1896. — Chap. 393. 339

Such bonds, notes and scrip shall bear on their face the
words, City of Lynn Sewer Loan, Act of 1896, and shall
be payable at the expiration of periods not exceeding
twenty years from the date of issue, shall l)ear interest
payable semi-annually at a rate not exceeding six per
cent, per annum, and shall be signed by the mayor and
treasurer of said city. The said city may sell such se-
curities at public or private sale, or pledge the same for
money borrowed for the purpose of building sewers or
drains, upon such terms and conditions as it may deem
proper. The said city shall provide at the time of con- sinking fund.
tractino; ,said loan for the establishment of a sinkino; fund
and shall annually contribute to such fund a sum suffi-
cient with the accumulations thereof to pay the principal
of said loan at maturity. The said sinking fund shall
remain inviolate and pledged to the payment of said loan
and shall be used for no other purpose ; and said city
shall raise annually by taxation a sum sufficient to pay
the interest as it accrues on said bonds, notes and scrip.

Section 2. The receipts from assessments and pay- Payment of
ments made in lieu thereof, levied on account of the ''^''"'^''^•
sewers and drains constructed under this loan, shall l)c
applied to the payment of the expenses of maintenance
and operation of the systems of sewerage of said city of
Lynn, now built, or which shall hereafter be built, and
for the payment of the cost of the further extension
of the said systems, and for no other purpose, except
that said city may apply any portion of such receipts to
the payment of the interest upon bonds, notes or scrip
issued in connection with said systems of sewerage, not
otherwise provided for, or to the payment or redemp-
tion of said bonds, notes or scrip, as the said city shall
determine ; and all assessments which shall hereafter be
collected or levied by reason of said systems of sewerage,
or of any extension thereof, shall l)e applied and used in
the same manner.

Section 3. This act shall take effect upon its passage.

Approved May 12, 1896.

An Act relative to the qualification and removal of elec- nj^f^^ QOQ

TION OFFICERS IN THE CITY OF BOSTON. "'

Be it enacted, etc. , as follows :

Section 1. Every election officer appointed in the Quaiiflcation
city of Boston in accordance with the provisions of chap- otifcersTn the

city of BoBtoD.

340

Acts, 1896. — Chap. 394.

Proviso.

Certain elec-
tion officers
may be re-
moved, etc.

ter four hundred and seventeen of the acts of the year
eighteen hundred and ninety-three, and also in accord-
ance with the provisions of section four of chapter four
hundred and forty-nine of the acts of the year eighteen
hundred and ninet^^-five, shall before entering upon the
performance of the duties of his office appear before the
board of election commissioners of said city, or before
some memljcr thereof, and make and subscril)e an oath
for the faithful performance of his duties, in a book to
be kept for that purpose : provided, hoivever, that in case
of the tilling of a vacancy in the office of any election
officer by an election from the floor the officer so elected
may be sworn by the warden or clerk of the precinct in
which the vacancy existed.

Section 2. In case any election officer shall upon the
day of any election in the city of Boston be found to ])e
incompetent, or shall l)e shown to be conducting himself
in an improper manner, so as to prejudice the pulilic
interest, the board of election commissioners of said city
shall have power to remove him forthwith and to appoint
some other person of the same political party to act in
his place ; and such officer so removed shall not be
entitled to receive any compensation for his services
rendered on such day, and shall be disqualihed for
aj)i)ointment as an election officer for the period of one
year thereafter. Approved May 12, 1896.

(7A(27?.394 -^^ ^'^'^ RELATIVE TO THE NEW ENGLAND BURGLARY INSURANCE

COMPANY.

1894, 77, § 1.
amended.

New England

-Be it enacted, etc. , as follows :

Section 1. Section one of chapter seventy-seven of
the acts of the year eighteen hundred and ninety-four is
hereby amended by inserting after the word " by", in the
tenth line, the word: — theft, — so that said section as
amended will read as follows : — Section 1. William L.
Scljanr Douglas, Hosca Kingman, John J. Whipple, Walter
incorporated. Rapp, Emery M. Low, William K. Mitchell, George D.
Alden, Henry L. May, E. Bertram Newton, Samuel M.
Child, George R. Stimpson, Emanuel Nussl)aum, their
associates and successors, are hereby made a corporation
by the name of the New England Burglary Insurance
Company, to be established in the city of Boston, for tlie
purpose of carrying on the business of guaranteeing indi-

Acts, 1896. — Chap. 395. 341

viduals, lirms and corporations against loss and damage
l)y theft, burglary or housebreaking; and for this purpose
shall have all the powers and privileges and be subject
to all the duties, restrictions and lial)ilities, so for as the
same shall l)e applicable, set forth in chapter two hundred
and fourteen of the acts of the year eighteen hundred
and eighty-seven and all acts in amendment thereof or in
addition thereto.

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

Ajjproved May 12, 1896.

An Act to authorize the city of lynn to borrow money for QJinr^ QQ^

THE PURPOSE OF PURCHASING LAND ANB ERECTING THEREON AN
ENGINE HOUSE.

Be it enacted, etc. , as folloivs :

Section 1. The city of Lynn, for the purpose of pur- cityofuynn.
chasing land near the West Lynn depot and erecting Lofn?A«°or
thereon an engine house, may incur inde])tedness from ^^^^'
time to time to an amount not exceeding; ten thousand
dollars beyond the limit of indebtedness fixed by law for
said city, and for said purpose may issue from time to
time bonds, notes or scrip not exceeding said amount.
Such bonds, notes or scrip shall bear on their face the
words, City of Lynn, Engine House Loan, Act of 1896,
shall be payable at the expiration of periods not exceed-
ing twenty years from the date of issue, shall bear inter-
est payable semi-annually at a rate not exceeding six per
cent, per annum, and shall be signed by the mayor and
treasurer of said city. The said city may sell such securi-
ties at public or private sale or pledge the same for money
borrowed for the purposes aforesaid, upon such terms and
conditions as it may deem proper. The said city shall Sinking fund.
provide at the time of contracting said loan for the estab-
lishment of a sinking fund and shall annually contribute to
such fund a sum sufiicient with the accumulations thereof
to pay the principal of said loan at maturity. The said
sinking fund shall remain inviolate and pledged to the
payment of said loan and shall be used for no other pur-
pose ; and said city shall raise annually by taxation a
sum sufficient to pay the interest as it accrues on said
bonds, notes and scrip.

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

Approved May 12, 1896.

342

Acts, 1896. — Chap. 396.

Chap,S96

1894, 428, § 2,
ameuded.

License com-
misBioners,
terms of office,
removals, etc.

CommisBlonera
removed may
petition for
review of
charges, etc.

An Act relative to the removal of license commissioners.

Be it enacted, etc. , as follows :

Section 1. Section two of chapter four hundred and
twenty-eight of the acts of the year eighteen hundred and
ninety-four is hereby amended by inserting after the word
*'same", in the seventeenth line, the words: — Any
license commissioner who has been removed by the
mayor may, witliin seven days after receiving notice of
his removal, petition, in term time or vacation, any jus-
tice of the superior court for a review of the charges,
evidence submitted thereunder, and findings thereon of
the mayor. Notice of the entry of such petition shall be
given to the mayor by serving an attested copy of the
petition upon him. The entry fee, costs, and all pro-
ceedings upon said petition shall be according to the
rules regulating the trial of civil causes. The justice,
after hearing, shall affirm or revoke the order of the
mayor removing such commissioner, and there shall be
no appeal therefrom, — so as to read as follows: — /Sec-
tion 2. The terms of office of the members of each of
such boards shall, except in the case of the members first
appointed, commence on the first Monday in June in the
year in which they are appointed and continue for the
term of six years. The terms of the members first ap-
pointed shall commence at the date of their appointment,
and shall be arranged, in the case of each board, so as to
expire by rotation at the end of two, four and six years
from the first Monday in June in the present year, the
date of expiration to be specified in their respective com-
missions. Members of said boards shall hold their offices
until their respective successors are appointed and quali-
fied. The members of said board may be removed for
cause by the mayor, after charges preferred, reasonal)le
notice thereof and a hearing thereon ; and the mayor
shall, in the order of removal, express his reasons for
the same. Any license commissioner who has been re-
moved l)y the mayor may, within seven days after receiv-
ing notice of his removal, petition, in term time or
vacation, any justice of the superior court for a review
of the charges, evidence submitted thereunder, and find-
ings thereon of the mayor. Notice of the entry of such
petition shall be given to the mayor by serving an at-

Acts, 1896. — Chap. 397. 343

tested copy of the petition upon him. The entry fee,
costs, and all proceedings upon such petition shall be
according to the rules regulating the trial of civil causes.
The justice, after hearing, shall affirm or revoke the
order of the mayor removing such commissioner, and
there shall be no appeal therefrom. One memlier of
each of said l^oards shall be appointed from each of the
two leading political parties, and the third meml)er may
be also appointed from one of said parties.

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

Aj^jrroved May 13, 1896.

Chap.^97

An Act to kegulate the practice of pharmacy.

Be it enacted, etc., as follows :

Section 1. The board of registration in pharmacy Board of reg-
shall consist of five persons. The present members pharmacy"
thereof shall continue to hold their offices during the teTle't^.'"'"
terms for Avhich they were appointed. The appointments
to fill vacancies occurring from expiration of terms of
office shall be for five years from the first day of October
in each year. The appointments to said board shall be
made by the governor with the advice and consent of the
council, and only skilled pharmacists, resident in the
Commonwealth, who have had ten consecutive years of
practical experience in the compounding and dispensing
of physicians' prescriptions shall l)e eligible, and not
more than one member of said lioard shall be interested
in the sale of drugs, medicines and chemicals and the
compounding and dispensing of physicians' prescriptions
in the same city or town. Any member of said board RemovaiB.
may he removed from office for cause by the governor
with the advice and consent of the council.

Section 2. The members of said board shall meet on organization.
the first Tuesday of October in each year at such time
and place as they may determine, and shall immediately
proceed to organize by electing a president and secre-
tary, who shall be members of the board, and who shall
bold their respective offices for the term of one year.
The secretary shall give to the treasurer and receiver secretary to
general of the Commonwealth a bond with sufficient sure- ^ ^*
ties, to be approved by the governor and council, for the
faithful discharge of the duties of his office. The said Meetings.
board shall hold three regular meetings in each year,

344

Acts, 1896. — Chap. 397.

OompenBation,
expeiiBes, etc.

one on the first Tuesday of January, one on the first
Tuesday of May and one on the first Tuesday of October,
and such additional meetings at such times and places as
they shall determine.

Section 3. The compensation, incidental and travel-
lino; expenses of the board shall be paid from the treasury
of the Commonwealth. The compensation of the mem-
bers of the board shall be five dollars each for every day
actually spent in the discharge of their duties and the
amount actually paid by them for necessary travelling
expenses in attending the meetings of the board, but in
no case exceeding three cents per mile each way. The
l)ills for such compensation and their incidental and
travelling expenses shall be approved by the board and
sent to the auditor of the Commonwealth, who shall
certify to the governor and council the amounts due as
in case of other bills and accounts approved by him
under the provisions of law. So much of the receipts
from examinations as may l)e necessary for the compen-
sation and expenses of the board, as aforesaid, is hereby
appropriated, in addition to any amount authorized by
the legislature foj* the purposes of this act.

Section 4. The board shall keep a record of the
names of all persons examined and registered hereunder,
and a record of all moneys received and disbursed by
said board, a duplicate of which records shall always be
open to inspection in the ofiice of the secretary of the
Annual report. Commonwealth. Said board shall make to the governor
on or before the first day of January in each year a
report stating the condition of pharmacy in the state,
with a full and complete record of all its ofiicial acts
during the year, and the receipts and disbursements of
the board.

Records to be
kept.

Examination,

registration,

etc.

REGISTRATION OF PHARMACISTS.

Section 5. Any person desiring to do business as a
pharmacist shall upon payment of a fee of five dollars be
entitled to examination, and if found qualified shall l^e reg-
istered as a pharmacist, and shall receive a certificate
signed by the president and secretary of said board. Any
person may be re-examined at any regular meeting of the
board, upon the payment of a fee of three dollars. All
fees received by the board under this act shall be paid by

Acts, 1896. — Chap. 397. 345

the secretary of the board into the treasury of the Com-
monwealth.

Section 6. Every person who has received a certifi- ^Jn^'lcuoVs'i *"*
cate of registration from the board shall conspicuously diepiayed.
display the same in his place of business.

Section 7. Said board shall hear all applications by Applications
registered pharmacists for the granting of sixth class licenses, com-
licenses, whenever such hearing is required by the appli- p'**°*^'^'°-
cant, and all complaints made to them against any person
registered as a pharmacist, charging him with suft'ering or
permitting the use of his name or his certificate of regis-
tration by others in the conduct of the business of phar-
macy when he himself is not the owner and actively
engaged in such business ; engaging in, aiding or abet-
ting the violation or, in his business as a pharmacist,
violating any of the laws of the Commonwealth now under
the supervision of the board of registration in pharmacy,
and especially the laws relating to the sale of intoxicating
liquor. Such complaint shall be under oath, shall set out
the oftence alleged, and shall be made within fifteen days
of the date of the act complained of.

Section 8. Said ])oard shall notify the person com- Persons com-
plained against of the charge made against him and of the fd'tlriforified^*
time and place when and where the matter will be heard '^^arings, etc.
by them. He may then and there appear before the
board Avith his witnesses and l)e heard by counsel. Any
three of the members of the l)oard shall l)e a quorum for
such hearing. Either member of the board may adminis-
ter oaths to the witnesses at such hearing, and any person
so sworn who wilfully swears or affirms falsely respecting
any matter upon which his testimony is required shall be
deemed guilty of perjury. Said board shall have the
power to send for persons and compel the attendance of
witnesses at said hearings, by process duly served.

Section 9. If the full board sitting at such hearing Maysuspond
shall find that the person com})lained against is guilty of clnlin^pharma-
the acts charged against him said board may suspend his "*'^' ®*'^*
registration as a pharmacist and his certificate thereof,
for such term as the board in their judgment, after due
consideration of the facts, may deem for the best interest
of the public, or may revoke it altogether, but the license
or certificate of registration of a registered pharmacist
shall not be suspended or revoked for a cause punishable

346

Acts, 1896. — Chap. 397.

License for sale
of intoxicatlDg
liquors, etc.

Certificate may
be issued to
applicants for
liceDses, etc.

Licenses to
become void
under certain
conditions.

by law until after conviction by a court of competent
jurisdiction.

Section 10. No license for the sale of spirituous or
intoxicating liquors, except of the sixth class, shall be
granted to retail druggists or apothecaries. One or more
such licenses sh^ll be granted annually by the board of
license commissioners of cities, the board of police of the
city of Boston, or the selectmen of towns, to retail drug-
gists or apothecaries, if it shall appear that the applicant
is a fit person to receive such license, is not disqualified
to receive the same under section sixteen of this act, and
is a registered pharmacist actively engaged in l)usiness on
his own account, and if he shall also present to the licens-
ing board a certificate of fitness as provided in section
eleven of this act. Retail druggists and apothecaries
shall not l)e subject to the second clause of section nine
of chapter one hundred of the Public Statutes when the
sale is made, as hereinafter provided, upon the prescrip-
tion of a physician.

Section 11. The state board of registration in phar-
macy may issue to applicants for licenses of the sixth
class to sell intoxicating liquor a certificate, which shall
not be valid after the expiration of one year from its
date, stating that in the judgment of said board he is a
proper person to l)e entrusted with such license and that
the pul)lic good will l)e promoted by the granting of said
license. Any registered pharmacist against whom no
complaints have been made to said board may be con-
sidered a proper person to receive such certificate. Such
complaints shall be in writing, specifying the reason, if
an}', why a certificate should be withheld. For each cer-
tificate so granted by the board of registration in phar-
macy said board shall be entitled to receive a fee not
exceeding one dollar, to be paid by the applicant.

Section 12. Any license for the sale of intoxicating
liquor, of the sixth class, shall become null and void,
without any process or decree, whenever the registered
pharmacist to whom it has lieen granted shall cease to
conduct his business in person and on his own account,
or upon the revocation of his registration as such pharma-
cist and of his certificate thereof, excepting cases where
the registered pharmacist has died or become incapaci-
tated, and his business is continued by his widow, execu-
tor or administrator, under a registered pharmacist.

Acts, 1896. — Chap. 397.

347

Section 13. Sales of intoxicating liquor of any kind How sales of
by retail druggists a»d apothecaries, for medicinal, me- Hquorshalf
chanical or chemical purposes, shall be made only upon ^™*''®*
the certificate of the purchaser, which certificate shall
state the use for which the same is wanted, and shall be
immediately cancelled at the time of such sale in such
manner as to show the date of cancellation.

Section 14. A book shall be kept by every retail Book to be kept

1 • I'll! 11 I'f' which every

druggist and apothecary u\ which he shall enter at the Baieshaiibe
time of every such sale the date thereof, the name of the ^° *^'^° ' ^ '^'
purchaser, who shall also sign his name in said book as
part of said entry, the kind, quantity and price of said
liquor, the purpose for which it was sold, and the resi-
dence by street and numl)er, if there he such, of said
purchaser. If such sale is also made upon the prescrip-
tion of a physician the liook shall also contain the name
of the physician and state the use for which said li(|uor
is prescril)ed and the quantity to be used for such pur-
pose, and shall be cancelled in the manner Ijcfore pro-
vided with reference to certificates. Said book shall be Form of book.
in form substantially as follows : —

Date.

Name

of

Purchaser.

Residence.

Kind

and

iuantity.

Purpose
of

Use.

Price.

Name

of

Physician.

Signature

of
Purchaser.

Section 15. The book, certificates and prescriptions Books, certifl-
before provided for or referred to, shall at all times be be'op'en''to '°
open in the city of Boston to the inspection of the board '"^p®'^"""-
of police, and in all the cities and towns of the Common-
wealth to the inspection of the mayor and aldermen,
board of license commissioners, selectmen, overseers of
the poor, sheriff, constables, police officers, and justices
of the peace.

Section 16. Any person making or issuing a fiilse Penalty for
or fraudulent certificate or prescription referred to in sec- certific^^te or
tions thirteen or fourteen of this act may be prosecuted p''^««°"p''o°'
therefor, and upon conviction may be fined ten dollars.
Any retail druggist or apothecary violating any of the
provisions of sections thirteen, fourteen and fifteen of this
act shall, upon conviction thereof, be piAiished hy fine of
not less than fifty nor more than five hundred dollars, or
imprisonment for not less than one month nor more than
six months, or by both such fine and imprisonment.

348

Acts, 1896. — Chap. 397.

License to be
forfeited, etc.

Penalty for sale
of intoxicating
liquors on
licenses unlaw-
fully procured.

Penalty for
sale, etc., of
drugs, etc., by
persons not
registered.

Employment of
apprentices, etc

Penalty for
fraudulent
adulteration
of drugs, etc.

Persons selling
certain poisons
to keep record,
etc.

He shall in addition to said penalties forfeit his license and
be disqualified to hold a license for the period of one year
after his conviction, and if the licensee is the owner of
the premises no license shall be exercised on the premises
described in the forfeited license during the residue of the
term thereof.

Section 17. Any person not l)eing a registered phar-
macist who shall procure a sixth class license for the sale
of intoxicating liquors, in the name of a registered phar-
macist w^ho is dead, or in the name of a registered phar-
macist by borrowing, hiring or purchasing the use of his
certificate, and who, being himself the owner or manager
of the place, shall l)y himself or his servants sell intoxi-
cating liquor, shall upon conviction thereof be fined not
less than fifty dollars nor more than five hundred dollars,
and imprisoned in the house of correction for a term of
not less than one month nor more than six months, and
the provisions of section eight of chapter two hundred
and fifteen of the Public Statutes shall not apply to such
sentence.

Section 18. Whoever not being registered as afore-
said shall, by himself or his agent or servant, unless such
agent or servant is so registered, retail, compound for
sale or dispense for medicinal purposes, or shall keep or
expose for sale, drugs, medicines, chemicals or poisons,
except as provided in section twenty-three of this act,
shall be punished l)y a fine not exceeding fifty dollars.
But nothing in this act shall be construed to prohibit the
employment of apprentices or assistants under the per-
sonal supervision of a registered pharmacist.

Section 19. Whoever fraudulently adulterates, for
the purpose of sale, any drug or medicine, or sells any
fraudulently adulterated drug or medicine, knowing the
same to be adulterated, shall he punished by imprison-
ment in a jail not exceeding one year, or by line not ex-
ceeding four hundred dollars ; and such adulterated drugs
and medicines shall be forfeited, and destroyed under the
direction of the court.

Section 20. Whoever sells arsenic (arsenious acid),
atropia or any of its salts, chloral hydrate, chloroform,
cotton root and its fluid extract, corrosive sublimate,
cyanide of potassium, Donovan's solution, ergot and its
fluid extract. Fowler's solution, laudanum, INIc^Iunn's
elixir, morphia or any of its salts, oil of pennyroyal, oil

Acts, 1896. — Chap. 397. 349

of savin, oil of tansy, opium, Paris green, Parsons' ver- Persons selling
min exterminator, phosphorus, prussic acid, "rough on trkee°p^r°eco?d,
rats", strychnia or any of its salts, tartar emetic, tincture ^^°-
of aconite, tincture of belladonna, tincture of digitalis,
tincture of nux vomica, tincture of veratrum viride, with-
out the written prescription of a physician, shall keep a
record of such sale, the name and amount of the article
sold, and the name and residence of the person or persons
to whom it Avas delivered, which record shall be made be-
fore the article is delivered, and shall at all times be open
to inspection by the officers of the district police and by
the police authorities and officers of cities and towns.
Whoever neglects to keep or refuses to show to said offi- Penalty,
cers such record shall be punished by fine not exceeding
fifty dollars. Whoever sells any of the poisonous articles '' Poison " and
named in this section without the written prescription of be printed on
a physician, shall affix to the l)ottle, box or wrapper con-
taining the article sold a lal)el of red paper upon which
shall be printed in large black letters the word, Poison,
and also the word. Antidote, and the name and place of
business of the vendor. The name of an antidote, if
there be any, for the poison sold, shall also be upon the
label. Every neglect to affix such label to such poison- Penalties.
ous article before the delivery thereof to the purchaser
shall be punished l)y fine not exceeding fifty dollars.
Whoever purchases poisons as aforesaid and gives a false
or fictitious name to the vendor shall he punished by fine
not exceeding fifty dollars, provided that nothing in this Not to apply
act shall be construed to apply to wholesale dealers and d°eJIer°s,'^etc!
to manufacturing chemists in their sales to the retail
trade.

GENERAL PROVISIONS.

Section 21. It shall l^e the duty of the board of investigation of

. ^ complaints, etc.

registration in pharmacy to investigate all complaints of
disregard, non-compliance with, or violation of, the pro-
visions of this act, and to lu'ing all such cases to the
notice of the proper prosecuting officers, and especially
to prosecute all persons violating section seventeen of
this act.

Section 22. In order properly to carry out the pro- Annual ex-
visions of this act the board of registration in pharmacy p""'^""'"'^' «"=•
may expend annually a sum not exceeding two thousand
dollars, and an itemized statement of all expenses in-

350

Acts, 1896. — Chap. 398.

Not to apply to
physicians
putting up
their own pre-
scriptioaa, etc.

Proviso.

Repeal.

curred shall be filed with the auditor of the Common-
wealth, who, after they have l)eeii properly approved,
shall allow them in the same manner as other claims
against the Commonwealth,

Section 23. This act shall not apply to physicians put-
ting up their own prescriptions or dispensing medicines
to their patients ; nor to the sale of drugs, medicines,
chemicals or poisons at wholesale only ; nor to the manu-
facture or sale of patent and proprietary medicines ; nor
to the sale of non-poisonous domestic remedies usually
sold hy grocers and others ; nor shall any member of
a copartnership, other than a registered pharmacist, be
lial^le to the penalties hereof: 2^^'ovkled, that such non-
registered member shall not retail, compound for sale or
disi)ense for medicinal purposes, drugs, medicines, chemi-
cals or poisons, except under the personal supervision
of a registered pharmacist.

Section 24. Sections five and six of chapter two hun-
dred and eight of the Puljlic Statutes, chapter three
hundred and thirteen of the acts of the year eighteen
hundred and eighty-five, chapters two hundred and sixty-
seven and four hundred and thirty-one of the acts of the
year eighteen hundred and eighty-seven, chapter two
hundred and nine of the acts of the year eighteen hun-
dred and eighty-eight, chapters two hundred and twenty-
seven and four hundred and seventy-two of the acts of
the year eighteen hundred and ninety-three, and chapter
four hundred and thirty-five of the acts of the year eight-
een hundred and ninety-four, are hereby repealed.

Approved May 15, 1896.

Chap.39S

V. 8. 57, § 7,
etc., amended.

VeBsels con-
taining milk
from which
cream has
been removed
to be marked
"Skimmed
Milk."

An Act relative to the ikspection and standard of milk.

Be it enacted, etc., as follows:

Section 1. Section seven of chapter fifty-seven of the
Public Statutes, as amended by section seven of chapter
three hundred and fifty-two of the acts of the year eight-*
een hundred and eighty-five, is hereby amended by
striking out all of said section, and inserting in place
thereof the following : — Section 7. No person, by him-
self or his agents, shall sell, exchange or deliver, or have
in his custody or possession, with intent to sell, exchange
or deliver, milk from which the cream or any part thereof
has been removed, unless in a conspicuous place upon

Acts, 1896. — Chap. 398. 351

every vessel, can or package of more than two quarts
capacity from or in which such milk is sold, exchanged
or delivered, the words " Skimmed Milk", are distinctly
marked in plain uncondensed gothic letters, not less than
one inch in length, said marking to be in dark letters on
a light ground, and to be on the vessel, can or package
itself and not upon a detachable label or tag ; and unless
in a conspicuous place upon every vessel, can or package
of two quarts or less capacity from or in which such milk
is sold, exchanged or delivered, the words "Skimmed
Milk", are distinctly marked in plain uncondensed gothic
letters, said markino- to be in dark letters on a liffht
ground, and to be either on the vessel, can or package
itself or upon a detachal^le label or tag. Whoever vio- Penalty,
lates the provisions of this section shall be punished by
the penalties provided in section five.

Section 2. Section nine of chapter fifty-seven of the p.s.57, §9,
Public Statutes, as amended by section six of chapter etc., amended.
three hundred and fifty-two of the acts of the year
eighteen hundred and eighty-five, and by section two of
chapter three hundred and eighteen of the acts of the
year eighteen hundred and eighty-six, is hereby amended
by striking out all of said section, and inserting in place
thereof the following : — Section 9. In all prosecutions certain miik to
under this chapter, if the miik is shown upon analysis to ^t^olalLlT-
contain less than thirteen per cent, of milk solids, or to ^''d quality-
contain less than nine and three tenths per cent, of milk
solids exclusive of fat, or to contain less than three and
seven tenths per cent, of fat, it shall be deemed for the
purposes of this act to be not of good standard quality,
except during the months of April, May, June, July and
August, when milk containing less than twelve per cent,
of milk solids, or less than nine per cent, of milk solids
exclusive of fat, or less than three per cent, of fat, shall
be deemed to be not of good standard quality.

Section 3. Section four of chapter three hundred and amended ^^'
eighteen of the acts of the year eighteen hundred and
eighty-six is hereby amended by striking out all of said
section, and inserting in place thereof the following : —
Section 4. Whoever makes, causes to be made, uses or Penalty f^
has in his possession any imitation or counterfeit of any ulitelxT^a^"^'
seal used by any inspector of milk, collector of samples
or other official engaged in the inspection of milk, and
whoever changes or in any way tampers with any sample

352

Acts, 1896. — Chap. 399.

taken or sealed as provided in section two, shall be
punished by a fine of not less than one hundred dollars
and by imprisonment in the house of correction not less
than three nor more than six months.

A2)2'>')'oved May 15, 1896.

Chestnut Street
Meeting-House
and Cemetery
Association
incorporated.

(7^«Z>.399 ^^ ^^"^ '^^ INCORPORATE THE CHESTNUT STREET MEETING-HOUSE

AND CEMETERY ASSOCIATION.

Be it enacted,, etc., as folloios :

Section 1. John Darling, William A. Dodge, William
O. Burden, Carlton A. Staples, Austin B. Fletcher, James
Engley, Cornelius R. Day, Hiram T. Daniels, Horace A.
Benson, Willard Wilson and Frederick Thayer, their as-
sociates and successors, are hereby made a corporation
by the name of the Chestnut Street Meeting-House and
Cemetery Association, for the purpose of caring for two
pieces of real estate in the town of Blackstone, namely :
— The unenclosed cemetery, containing about half an
acre, on Chestnut street near the \'illage of Millville in
said town, set apart for l)urial purposes by deed of gift
in the year seventeen hundred and sixty-seven, and
the tract of land two miles further north on said
Chestnut street on which stands the meeting-house
built in the year seventeen hundred and sixty-nine,
known as the Chestnut Hill Meeting-House, together
with the burying ground, containing about an acre,
attached thereto.

Section 2. The first meeting of said corporation shall
be held on the second Monday of June in the year
eighteen hundred and ninety-six, at two o'clock in the
afternoon, at the Chestnut Hill Meeting-House. At such
meeting the incorporators may organize by the choice of
a temporary chairman and clerk, may adopt by-laws and
may proceed at such meeting, or at a subsequent meeting
notified in accordance with the by-laws, to the permanent
organization of the corporation.

Section 3. Said corporation may exercise the powers
of cemetery corporations organized under general law,
over the two burying grounds herein mentioned, and the
powers of religious corporations organized under general
law, over said meeting-house and its appurtenances, sub-
ject to the rights of any persons claiming an estate or
interest therein under the original proprietors.

First meeting,
etc.

Corporation
may exercise
certain powers.

Acts, 1896. — Chaps. 400, 401, 402. 353

Section 4. Said corporation may take, hold and man- May take certain
age real and personal estate given, granted, devised or souai estate, etc.
bequeathed to said corporation for the care or improve-
ment of said burying grounds or meeting-house and its
appurtenances.

Section 5. This act shall take effect upon its passage.

Approved May 15, 1896.

An Act to confirm the proceedings of a certain town meeting (JJiapAOO

OF THE TOWN OF HUNTINGTON.

Be it enacted, etc., as foUoivs :

Section 1. The proceedings of the annual town meet- ^nny^^'Jo"!^"^
ins of the town of Huntino-ton, held on the twentieth day rneetuitfof

® .,., '11 Ti 1 • • Huntington

of A})ril in the year eighteen hundred and ninety-six, confirmed.
shall not be invalid by reason of the fact that said meeting
was held on a legal holiday.

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

Approved May 15, 1896.

ChapAOl

An Act relative to trial lists and to notifying attorneys
of trials in the superior court.

Be it enacted, etc., as follows:

Section 1. The superior court shall have full power Printing and
and authority from time to time to make and promulgate tria[ii8"t8,"e^tc°
such rules for regulating the printing, publishing and
distributing of trial lists, and for notifying attorneys of
trials in the superior court for civil business, as the pub-
lic convenience in the several counties shall demand.

Section 2. Chapter four hundred and fifty-nine of the Repeal,
acts of the year eighteen hundred and eighty-nine is
hereby repealed.

Section 3. This act shall take effect on the first day To take effect
of September in the year eighteen hundred and ninety-six. 1898.*'° "^"^ '

Approved May 15, 1896.

An Act relative to bonds given by agents of foreign in- QJia7)A02

SURANCE companies.

Be it enacted, etc., as follows :

Section 1. Section ninety-two of chapter five hun- 1894. 522, § 92,
dred and twenty-two of the acts of the year eighteen *°''°
hundred and ninety-four is hereby amended by striking

354

Acts, 1896. — Chap. 402.

Agents of for-
eign insurance
conipauieB to
exhibit on
signs, cards,
etc., tiie name
of the state or
country of the
company he
represents.

Agents to file
bonds, etc.

BooliB, papers,
etc., to be opt-n
to inspection of
tax commis-
sioner; penalty

Certificate of
authority to
be cancelled.

out in the thirty-sixth and thirty-seventh lines, the words
' ' of life or accident insurance companies ", so as to read
as follows : — Section 92. Every person acting for a
foreign insurance company shall exhibit in conspicuous
letters, on the sign designating his place of business, the
name of the state or country under whose authority the
company he represents has been incorporated or formed.
And said company and agent shall also have printed in
large type the name of such state or country and the kind
of office, whether chartered or formed as a mutual or stock
company, upon all policies issued to citizens of this Com-
monwealth, on all cards, placards and pamphlets, and in
all advertisements pul^lished, issued or circulated in this
Commonwealth by them or him, relating to the business
of such company.

Every agent of a foreign insurance company, before
transacting any business in this Commonwealth, shall file
with the treasurer of the Commonwealth a bond with two
sureties approved by the insurance commissioner in the
penal sum of five hundred dollars, conditioned that such
agent shall, on or before the fifteenth day of November in
each year, make return to the tax commissioner of all
business transacted by him as such agent during the year
ending with the thirty-first day of Octol)cr then next pre-
ceding, in such form as the tax commissioner may pre-
scril)e ; and also that all the books, papers and accounts
of his agency shall be open to the inspection of the tax
commissioner at any time whenever he may deem it
proper to verify the statement of transactions aforesaid. If
any such agent shall refuse to submit the books, papers
and accounts of his agency to such inspection, he shall
])e lial)le to a penalty of not less than fifty nor more than
five hundred dollars, which may l)e recovered in a suit
upon said bond, and the tax commissioner shall report
such refusal to the insurance commissioner, who shall
thereupon cancel his certificate of authority to such agent,
and the certificate so cancelled shall not be renewed
within one year thereafter ; but only such agents are re-
quired to give bond as are not accountable to any other
agent in the Commonwealth for premiums received.

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

Approved May 13, 1896.

Acts, 1896.— Chaps. 403, 404. 355

An Act relative to the filling of certain lands which may (77i«r).403

BE TAKEN FOR THE PROTECTION OF THE PUBLIC HEALTH IN THE
CITY OF CAMBRIDGE.

Be it enacted, etc., as follows :

Section 1. Section one of chapter one hundred Juid ^^g^j^^'^'S i,
ninety-five of the acts of the year eighteen hundred and
ninety-six is hereby amended by striking out the word
" not ", in the fourth line of said section, so as to read as
follows : — Section 1. Whenever the board of health of p*,?e't^,^^
the city of Camlnndge shall adjudge that the public health 'n Cambridge,
requires, and shall order that any lands in said city, other
than clay lands lying west of Walden street and within the
present limits of wards one and five, and lands imme-
diately abutting on Charles or Miller's rivers, be filled
to the grade specified in such order, which grade shall
not exceed thirteen feet al)ove mean low water, the own-
ers of said lands shall forthwith fill the same in accord-
ance with said order and in a manner and with material
satisfactory to said board.

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

Apiproved May 15, 1890.

An Act relative to liens on vessels. (7Aa».404

Be it enacted, etc., as follows :

Section 1. Section fifteen of chapter one hundred and r-s.m. §15.

'^ amendea.

ninety-two of the Public Statutes is hereby amended by
striking out in the second line, the word "four", and in-
serting in place thereof the word : — thirty, — so as to read
as Mlows :— /Section 15. Such lien shall be dissolved ^^^|',Ve°dir''''
unless the person claiming the same files, within thirty solved unless

A. ~ - '„ -^ sworn statement

days from the tmie when the vessel departs irom the port is aied within
at which she was when the debt was contracted, in the the^r^dep^arture.
office of the clerk of the city or town within which the
vessel was at such time, a statement, subscribed and sworn
to by him or by some person in his behalf, giving a just
and true account of the demand claimed to be due to him,
with all just credits, and also the name of the person with
whom the contract was made, the name of the owner of
the vessel, if known, and the name of the vessel, or a
description thereof sufficient for identification ; which state-
ment shall be recorded by such clerk in a book kept by

356

Acts, 1896. — Chap. 405.

him for that

shall receive

equal length.

Section 2.

purpose
the

and for such

recording

the clerk

same fees as for recording mortgages of

This act shall take effect upon its passage.
Ap2Woved May 15, 1896,

Chaj)

Ar\K An Act to authorize the town of leominister to take land

FOR THE ERECTION OF A PUBLIC HIGH SCHOOL BUILDING.

Town of Leom-
inster may take
certain real
estate for erec-
tion of high
Bchool building

Description of
land to be
recorded, etc.

Damages.

Town may offe
a specified sum
etc.

Be it enacted., etc., as follows:

Section 1. The town of Leominster, acting by its
])oard of selectmen, is hereby authorized to take by pur-
chase or otherwise, in fee, at any time within the period of
one year from the passage of this act, the whole or any part
of certain real estate in said town bounded as follows : — ■
Beginning at the northerly end of Church street, thence
running easterly by land of Mrs. J. W. H. Lawrence,
three hundred feet more or less, thence northerly at an
angle of ninety degrees, on land of Mrs. Angelina Phelps
to Walnut street, so-called, thence running westerly on
said Walnut street, three hundred feet more or less, and
thence southerly in a direct line to the place of beginning,
containing two and one half acres more or less ; said real
estate so taken to be used for the erection thereon of a
public high school building.

Section 2. The order for such taking shall be ap-
proved by vote of the town, and within thirty days from
the approval of any such order the town clerk shall file
and cause to be recorded in the northern district registry
of deeds for the county of Worcester a description of the
land so taken, sufficiently accurate for identification, with
a statement of the purpose for which such lands were
taken under this act.

Section 3. The town of Leominster shall pay all
damages sustained by any person by the taking of lands
or other property hereunder. Any person sustaining
damages as aforesaid, who fails to agree with the town
as to the amount of damages sustained, may have his
damages assessed and determined in the manner provided
by law where land is taken for the laying out of high-
ways, on application at any time within the period of one
year from the taking of such land or property.

Section 4. In every case of a petition for the assess-
ment of damages, or for a Jury hereunder, the said town
may ofler in court and consent in writing that a sum

Acts, 1896. — Chap. 406. 357

therein specified may be awarded as damages to the com-
plainant ; and if the comphiinant shall not accept the same
within ten days after he has received notice of such ofler,
and shall not finally recover a greater sum than the one
oft'ered, not including interest on the sum recovered in
damages from the date of the ofter, the said town shall
be entitled to recover its costs after said date, and the
complainant, if he recovers damages, shall be allowed
costs only to the date of the ofifer, unless the damages so
recovered shall be in excess of the amount offered by said
town as aforesaid.

Section 5. This act shall take efiect upon its passage.

Approved May 15^ IS 96.

ChapAOG

An Act to incorporate the prospect union association.

Be it enacted^ etc. , as foUoivs :

Section 1. Edmund Reardon, James J. Myers, John Prospect umon
H. Corcoran, Theodore H. Raymond, Francis G. Peabody, incorporated.
Robert E. Ely, Charles W. Eliot, Charles Eliot Norton,
John Graham Brooks, Joseph G. Thorp, Francis C. Foster,
George Hodges, John Flatley, David N. Beach, William
E. Russell, James A. Woolson, John Hopewell, Jr.,
Thomas Wentworth Higginson, Henry C. Warren, Charles
J. Wood, Frank M. Foster, William H. Nagle, Charles A.
Sievwright, Walter Calley, John F. Harrington, their
associates and successors, are hereby made a corporation
by the name of the Prospect Union Association, for the
purpose of furnishing educational and social opportunities
to working men ; and for that purpose shall have all the
powers and privileges and be subject to all the duties and
liabilities set forth in all general laws which now are or
may hereafter be in force relating to such corporations,
except as hereinafter otherwise provided.

Section 2. Said corporation may hold real and per- May hoid real
sonal estate to an amount not exceeding two hundred estate, etc.
thousand dollars, and may mortgage and lease its real
estate. Said corporation may make all proper by-laws
and shall have power to do all acts properly incidental to
the fiilfilment of the purposes of its incorporation.

Section 3. This act shall take effect upon its passage.

Approved May 16, 1896.

358

Acts, 1896. — Chaps. 407, 408.

Commonwealth
to pay to the
Worcester
Polytechnic
InBtitute a
certain sum
annually.

To maintain
forty free
BcholarBhips,
etc.

O/itt7).407 -^^ ^*""^ RELATIVE TO STATE SCHOLARSHIPS IN THE WORCESTER

POLYTECHNIC INSTITUTE.

Be it enacted, etc., as foUoios :

Section 1 . There shall be paid annually from the treas-
ury of the Commonwealth to the treasurer of the Worcester
Polytechnic Institute, from and after the first day of Sep-
tember in the year eighteen hundred and ninety-six, the
sum of three thousand dollars.

Section 2. In consideration of such payment and of
the grant made by chapter fifty-seven of the resolves of the
year eighteen hundred and sixty-nine the Worcester Poly-
technic Institute shall maintain forty free scholarships, of
which each senatorial district in the Commonwealth shall
be entitled to one, if a candidate is presented who is other-
wise unable to bear the expense of tuition. In case no
such candidate appears from a senatorial district, then a
candidate may be selected from the state at large to fill
such vacancy, who may continue to hold the scholarship
annually until a candidate is presented from the senatorial
district unrepresented.

Section 3. The scholarships shall be awarded to such
pupils of the public schools of Massachusetts as shall be
found upon examination to possess the qualifications fixed
for the admission of students to said institute, and who
shall be selected by the board of education ; preference in
the award being given only to qualified candidates other-
wise unable to bear the expense of tuition.

Section 4. Chapter seventy-two and so much of chap-
ter fifty-seven of the resolves of the j^ear eighteen hundred
and sixty-nine as relates to state scholarships are hereby
repealed. Approved May 16, 1896.

Awarding of
scholarships.

Repeal.

ChapAm

Payment of
salaries of
teachers in
small towns.

An Act relative to the salaries op public school teachers

IN SMALL towns.

Be it enacted, etc., as follotvs :

With the approval of the state board of education there
may be paid from the income of the school fund, to any
town having a valuation of less than two hundred and
fifty thousand dollars, a sum not exceeding two dollars per
week for the actual time of service of each teacher, ap-
proved by the school committee of said town after special
examination as to exceptional ability, employed in the

Acts, 1896. — Chap. 409. 359

Proviso.

public schools of said town, which sum shall be added to
the salary of such teacher : provided^ that the amount paid
by the town toward the salary of such teacher shall not be
less than the average salary paid by said town to teachers
in the same grade of school for the three years next pre-
ceding, and that by said addition no teacher shall receive
more than ten dollars per week.

Approved May 16, 1896.

An Act in relation to the increase of the capital stock QJiaj) 409

OF STREET RAILWAY COMPANIES,

Be it enacted, etc. , as foUoivs :

Section 1. Section fifteen of chapter one hundred and elc^ 'amended.
thirteen of the Public Statutes, as amended by chapter
three hundred and sixty-six of the acts of the year eighteen
hundred and eighty-seven, is hereby amended by striking
out in the nineteenth, twentieth and twenty-first lines, the
words " but no increase shall be allowed beyond the value
of the property of the company, including the cash to be
paid in on such increase ", and inserting in place thereof
the following words: — If it appears that the assets or
capital stock of a company are impaired the board may
prescribe such conditions and requirements as it may deem
proper. The amount of impairment and the conditions
and requirements imposed shall be stated in the annual
report of the board, — and by adding at the end of the
section the following words : — and may in like manner
be compelled to comply with any condition or requirement
prescribed as aforesaid, — so as to read as follows: —
/Section 15. The directors of any street railway company, increase of
on being thereto duly authorized by its stockholders, may sfreetraiuvay*
from time to time petition the board for leave to increase bHuowed by ^
its capital stock beyond the amount fixed and limited l)y fn™e?tafu°c°a'8"8
its articles of association or l)y any act of the general court ^tc.
concerning the same, for the purpose of building and
equipping a branch or extension of its road upon a loca-
tion duly granted or extended as provided by law, or for
other necessary and lawful purposes set forth in the peti-
tion ; and the board, after an examination of the assets
and liabilities of the company and a hearing on the peti-
tion, if it appears that the proposed purpose is lawful and
consistent with the public interest, and that an increase of
capital is necessary in order to enable the company to
carry out the same in good faith, may by an order in writ-

360 Acts, 1896. — Chaps. 410, 411.

ing allow such necessary increase, specifying the amount
thereof and the purposes for which the same is allowed.
If it appears that the assets or capital stock of a company
are impaired the board may prescribe such conditions and
requirements as it may deem proper. The amount of im-
pairment and the conditions and requirements imposed
Certificate to shall bc statcd iu the annual report of the board. A certifi-

be filed with j. i • j^i j i /> i i •

secretary of the catc showiug thc aniouut and purposes oi the increase so
Commonwealth, allowed shall forthwith be filed in the office of the secretary
of the Commonwealth. The company shall not apply such
increase or the proceeds thereof, to any purpose not speci-
fied in the order of the board, and may be enjoined from
so doing by any justice of the supreme judicial or superior
court upon application of the board or of any interested
party ; and may in like manner be compelled to comply
with any condition or requirement prescribed as aforesaid.
Section 2. This act shall take efiect upon its passage.

A2:>proved May 16, 1896.

ChapAlO ^^ ■^^'^ PROVIDING A SALARY FOR THE MEMBERS OF THE COMMON

COUNCIL OF THE CITY OF BOSTON.

Be it enacted, etc. , as follows :

hfrToUh^^'^' Section 1. The members of the common council of the

of B'os'ton °"°"^ ^^^y '^^ Boston shall each receive a salary of three hundred
dollars per annum, and no money shall be paid from the
treasury of said city for or on account of refreshments,
carriage hire or other personal expenses incurred directly
or indirectly by or in behalf of any member of the common
council or any committee thereof.

Repeal. Section 2. All acts and parts of acts inconsistent with

this act are hereby repealed.

When to take Section 3 . This act shall take efiect from and after the
first Monday of January next succeeding its acceptance by
the voters of the city of Boston, and its approval by the
mayor. Apjjroved May 16, 1896.

C/ia79.411 ^^^ ^^^ "^^ AUTHORIZE THE SALE OF CERTAIN LANDS TAKEN FOR
PUBLIC PARK PURPOSES IN THE CITY OF BOSTON.

Be it enacted, etc. , as foUotvs :

^umJ^of^nll. Section 1. The board of park commissioners of the

tou may sell citv of Bostou is hercbv authorized, with the approval of

etc. ' the mayor of said city, to sell the parcels of land situated

on the northeasterly side of Seaver street, adjoining Frank-

Acts, 1896. — Chaps. 412, 413. 361

lin Park, in that part of said city known as Roxbury, and
to apply the proceeds of the sales to the payment for other
lands taken by said city for park purposes.

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

Approved May 16^ 1S96.

ChapA12

An Act relative to the sittings of the superiok court for

THE county of ESSEX.

Be it enacted, etc., as follows:

Section 1. The sittings of the superior court for the suungaof
county of Essex for the transaction of civil business shall fo^Esses'""
be held at Salem on the first Mondays of June and Decern- tranBa^ctk)n of
ber, at Lawrence on the first Monday of March, and at "''' business.
Newbury port on the first Monday of October. Questions
of law arising at said October sitting may, if ordered by
the presiding justice, unless otherwise agreed to by coun-
sel for both parties interested, be entered and heard at the
law term of the supreme judicial court at Boston.

Section 2. The terms of said court for criminal busi- buLnesT.^""^
ness shall be held at Salem on the second Monday of
January, at Newburyport on the second Monday of May,
and at Lawrence on the second Monday of September.

Section 3. So much of chapter one hundred and fifty- iiepeai.
two of the Public Statutes and of acts amendatory thereof
and in addition thereto as is inconsistent herewith is hereby
repealed.

Section 4. This act shall take effect on the first day to take effect
of June in the year eighteen hundred and ninety-six. ''""^ ^' ^^^^'

Approved May 16, 1896.

An Act providing for the performance of clerical duties rfjffjj^ 41 Q
IN the superior court sitting at boston for the hearing "'

of cases for counties other than SUFFOLK.

Be it enacted, etc., as follotvs :

Section 1. The clerk of the superior court for civil ,^'certain"it!^
business in the county of Suffolk, or such assistant of said tings of the
clerk as the justices of said court or a majority of them may
from time to time designate for such duty, shall act as clerk
of said court sitting in Boston for the hearing of cases
from any county other than Suffolk, and when such assistant
clerk is so designated and acting his attestation as assistant
clerk shall be sufficient without further designation.

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

Approved May 16, 1896.

362

Acts, 1896. — Chap. 414.

Certain terri-
lory in Wake-
field added
to the north
metropolitan
Bewerage
district.

Ch<XV.4:\4: ^^ -^^^ "^^ PROVIDE FOR THE ADDITION OF A PORTION OF THE TOWN
OF WAKEFIELD TO THE METROPOLITAN SEWERAGE SYSTEM.

Be it enacted, etc., as follozvs :

Section 1. The territor}^ comprising the villages of
Greenwood and Boyntonville in the town of Waketield is
hereby added to the north metropolitan sewerage district
created l)y chapter four hurodred and thirty-nine of the
acts of the year eighteen hundred and eighty-nine, entitled
"An Act to provide for the building, maintenance and
operation of a system of sewage disposal for the Mystic
and Charles river valleys". In becoming a part of the
metropolitan system said addition shall be subject to the
provisions and conform with the requirements of the
aforesaid act and amendments thereto, except as herein
provided, and the proportionate liability incurred by said
addition shall be assumed by the town of Wakefield.
Any authority granted to other municipalities by said act
or by amendments thereto is hereby also vested in said
town of Wakefield, but limited in application to the terri-
tory comprising said addition.

Section 2 The metropolitan sewerage commissioners
shall provide an outlet at the Wakefield town line in
Greenwood street for the sewage of said addition, and,
acting on behalf of the Commonw^ealth, shall take by
purchase or otherwise of the town of Melrose the present
sewer constructed by said town through Wyoming avenue,
Berwick, Grove, Myrtle, Essex and Tremont streets to
Lake avenue, in said Melrose, and shall pay the cost of
the construction of the same ; and the same shall become
and is hereby made a part of the main trunk line of sewers
belonging to the metropolitan system ; and the metropoli-
tan sewerage commissioners shall at once extend the said
main sewer line to the Wakefield toAvn line by construct-
ing a main sewer through Tremont, Melrose, Belmont,
Franklin and Greenwood streets in said Melrose ; and the
said town of Melrose shall have the right to maintain and
make house connections with the said main sewers and
connect lateral sewers therewith in the same manner as
with the present sewers of the town, under the direction
of the metropolitan sewerage commissioners. In provid-
ing said outlet and in receiving sewage from said addition
and said town of Melrose, and in any action in relation
thereto, and for the purpose of taking, constructing and

Metropolitan
sewerage
commiesioneis
to provide an
outlet for
sewage, take
present sewer
constructed hy
Melrose, etc.

To exercise
certain author-
ity, etc.

Acts, 1896. — Chap. 414. 363

maintaining this additional main line of sewer, the said
board of sewerage commissioners, acting on behalf of the
Commonwealth, shall have and exercise all the authority
conferred upon them by chapter four hundred and thirty-
nine of the acts of the year eighteen hundred and eighty-
nine and by amendments thereto, regarding the original
system or anything relating thereto ; and all the i)rovisions
of said chapter are hereby made applicable to this additional
taking and construction, except as herein otherwise pro-
vided.

Section 3. To meet the expenses incurred under the Metropolitan

.. pji'j.iij^ 1 • 1 Sewerage Loan.

provisions ot this act the treasurer and receiver general
shall, with the approval of the governor and council, issue
scrip or certificates of debt, in the name and behalf of the
Commonwealth and under its seal, to an amount not ex-
ceeding thirty thousand dollars, for a term not exceeding
thirty-four years. Said scrip or certificates of debt shall
be iss-ued as registered bonds or with interest coupons
attached, and shall bear interest at a rate not exceeding
four per cent, per annum, payable semi-annually on the
first days of March and September in each year. Said
interest and scrip or certificates shall be payable, and
when due shall be paid, in gold coin or its equivalent.
Said scrip or certificates of debt shall be designated on
their face, Metropolitan Sewerage Loan, shall be counter-
signed by the governor and shall be deemed a pledge of
the faith and credit of the Commonwealth, redeemable at
the time specified therein, in gold coin or its equivalent,
and shall be sold and disposed of at public auction or in
such other mode and at such times and prices and in such
amounts and at such rate of interest, not exceedinjj: four
per cent, per annum, as the treasurer and receiver general
with the approval of the governor and council shall deem
for the best interests of the Commonwealth. Any scrip
or certificates of debt issued under the provisions of this
act shall be considered as an addition to and shall become
a part of the loan authorized by chapter four hundred
and thirty-nine of the acts of the j^ear eighteen hundred
and eighty-nine, as amended by chapter three hundred and
seven of the acts of the year eighteen hundred and ninety-
four, and by chapter two hundred and ninety-four of the
acts *of the year eighteen hundred and ninety-five ; and ft"^*"^ ^'""^'
the sinking fund established under the provisions of said
chapters shall be a sinking fund for the extinguishment

364 Acts, 1896. — Chap. 415.

of the debt authorized by this act, said funds to be in-
creased in the following manner : — The treasurer and
receiver general shall from year to year, beginning with
the year eighteen hundred and ninety-six, apportion to
said sinking fund an amount sufficient with its accumula-
tions to extinguish the debt at maturity ; and in making
the assessment for the increase of said sinking fund upon
the several cities and towns liable thereto, one thirty
second part of the whole amount shall be assessed in each
of the first four years, beginning with the year eighteen
hundred and ninety-six ; one sixtieth part in each of the
next ten years, beginning with the year nineteen hundred ;
one thirtieth part in each of the next ten years, beginning
with the year nineteen hundred and ten ; and the re-
mainder shall be equally divided in the next ten years,
beginning with the year nineteen hundred and twenty.
Any premium realized from the sale of said scrip or cer-
tificates of debt shall be applied to the payment of the
interest on said loan as it accrues,
bl'lnchfdedtn Section 4. Thc commissioners heretofore appointed
1ro7o™tionf o be ^^ ^^^ suprcmc judicial court, and now sitting, under the
paid by each provisious of scctiou fourtccn of chapter four hundred and
thirty-nine of the acts of the year eighteen hundred and
eighty-nine for the purposes specified in said section,
and any other commissioners hereafter appointed for said
purposes, shall include the town of Wakefield among the
cities and towns whose proportions are to be determined
as provided in said section, and the interest and sinking
fund requirements of the moneys expended in acquiring
the sewer already constructed and in constnicting the
portion of the sewerage system as provided for in this
act, and the cost of maintenance and operation thereof,
shall be deemed a part of the interest, sinking fund re-
quirements and costs specified in section fifteen of said
chapter four hundred and thirty-nine, and shall be paid
as provided for in said section.

Section 5. This act shall take effect upon its passage.

Approved May 16, 1S96.

Chcip.4:1.5 -^^ -'^CT TO AMEND THE CHARTER OF THE CITY OF LOM^ELL.

Beit enacted, etc., as follows:

?i^l%'os^erl7o Section 1. All executive powers which are now by

b^ ma '^o'/*''^ law vcstcd in the city council of the city of .Lowell, or

either branch thereof, shall hereafter be vested in and ex-

Acts, 1896. — Chap. 415. 365

ercised by the mayor of said city, except as hereinafter
otherwise provided.

Section 2. The mayor may suspend or remove any May suspend or
executive or administrative officer, except as hereinafter offlcers.'eTcr"'
provided, for such cause as he shall deem sufficient, and
shall set forth in the order of suspension or removal his
reasons therefor, provided that no removal shall be made
upon partisan grounds. The order of suspension or removal
shall not take eft'ect until it is approved by the city coun-
cil voting by yeas and nays. The city council may by a
two thirds vote in each branch, voting by yeas and nays,
remove any of said officers without the consent of the
mayor : provided, however^ that nothing contained in this Proviso.
section shall apply to any of the following departments,
namely: — The school committee, the police commission,
the water board, the overseers of the poor, or the trustees
of the public library.

Section 3. There shall be a department of supplies, Department of
and all material and supplies for the city shall be purchased *"pp''^**
by the chief or head of such department, subject to the
approval of the mayor. So far as is practicable purchases
shall be after public advertisement and under contract ap-
proved by the mayor. All bills for material and supplies
shall show the date of purchase, date of delivery, the unit
of price, the quality and quantity of articles purchased and
received, the number and date of the order for purchase,
and if the purchase is under contract, the number and date
of the contract, and shall be entered in full in an invoice
book, which shall always be open to public inspection.
The chief of this department shall be elected by the qualified
voters of the city voting at the annual municipal election,
and shall hold his office for the next municipal year there-
after, subject to the provisions of section two of this act.

Section 4. The mayor shall cause to be kept a record fcu''Jf^ma°^r'fd
of all his official acts, and to aid him in his official duties ^ekept.
may appoint one or more clerks.

Section 5. The heads of the several departments and ^^^rdln

inent of
Date

offices shall have the power to appoint and employ and to o^^cers, etc.
discharge all subordinate officers and employees in their
respective departments ; and they shall keep a record, sub-
ject to inspection, of all so appointed and employed and
of all discharged, and in all cases of discharge the grounds
therefor, provided however that no removals shall be made
upon partisan grounds.

366

Acts, 1896. — Chap. 415.

Heads of
departments
to execute cer-
tain contracts,
etc.

Not to take
part in the
employment
of labor, etc.

Appropriation,

expenditure,

etc.

Section 6. The heads of the several departments and
offices shall have the general charge and management of
all matters pertaining to their respective departments, and
shall make and execute all contracts necessary therefor,
except for the purchase of material and supplies ; but every
contract made as aforesaid in which the amount involved
exceeds three hundred dollars shall be approved by the
mayor before going into effect : provided, that nothing in
this section shall be construed to prevent the city council
liy ordinance from transferring any of the duties imposed
upon an appointed head of a department by this act or by
ordinance, excepting the purchase of material and supplies,
to another head of a department or board or commission.

Section 7. Neither the city council nor either branch
thereof, nor any committee or member thereof, shall
directly or indirectly take part in the employment of
labor, the purchase of material, the construction, altera-
tion or repair of any public works or other property, or
in the care, custody or management of the same, or in
general in the expenditure of public money or in the
conduct of the executive or administrative business of
the city, except as may be necessary for defraying the
contingent and incidental expenses of the city council or
of either branch thereof; nor shall they or either of them
take part in the making of contracts.

Section 8. No sum appropriated for a specific pur-
pose shall be expended for any other purpose ; and no
expenditure shall be made and no liability shall be in-
curred by or on behalf of the city until the city council
has duly voted an appropriation sufficient to meet such
expenditure or liability, together with all prior unpaid
liabilities which are payable therefrom, except that after
the expiration of the financial year and before the making
of the regular annual appropriations liabilities payable
out of the regular appropriation may be incurred to an
amount not exceeding one sixth of the total of the appro-
priation made for similar purposes in the preceding year :
provided, however, that nothing herein contained shall be
construed to restrict or limit the school committee in any
expenditure which it is now or may be hereafter author-
ized to make under any general law of the Commonwealth,
or to restrict or limit payments on account of the perma-
nent or temporary debt, or such as are required by law to
be made to the Commonwealth.

Acts, 1896. — Chap. 415. 367

Section 9. All revenues and all moneys accruing to General xreaa-
the city of Lowell from any source whatever, except trust ""^^
funds and the revenues of the water department, shall
when collected or paid into the treasury be carried to one
general account, to be known as the General Treasury
Fund ; and all appropriations by or on behalf of said city,
except from trust funds and on account of the water de-
partment, shall be from such fund and as provided in
section ten of this act.

Section 10. All bills or other claims, before they are CkaimBtopasa
finally certified by the auditor or paid, shall pass the comm'i'tuie on
inspection of a committee of the city council on accounts, '"^counts, etc.
Said committee shall consist of one member of^ me board
of aldermen and two members of the common council, to
be elected annually by ballot by the body they respec-
tively represent. Said committee may report any such
bill or claim to the city council with their reasons there-
for, and no bill or claim so reported shall be passed by
the auditor or be paid without the consent of the council.
Said committee may require the opinion of the city solici-
tor as to the legality of a bill or other claim.

Section 11. A yea and nay vote of the members of vJte reqiS in
the city council shall be required to pass any order or certain cases.
vote involving the expenditure or appropriation of the
public moneys, or involving any debt or liability, and
said vote shall be entered upon the records of each branch
of the city council.

Section 12. Less than a quorum of either branch of Leas than a
the city council, or of the school committee, or of the adjourn to a

lit' />ji T 1 ,-> 1 fixed day, etc.

board oi overseers oi the poor, may adjourn to a fixed
day earlier than the next regular meeting, and shall have
power to compel the attendance of absent members in
such manner as the city council may by ordinance provide.

Section 13. All acts or parts of acts and all ordi- Repeal.
nances of the city of Lowell inconsistent herewith are
hereby repealed and annulled : provided, that no act or rrovisos.
ordinance heretofore repealed shall thereby be revived ;
and provided, also, that nothing in this act shall be taken
to prohil)it the city council from abolishing any depart-
ment, board, office or commission created by ordinance.

Section 14. The question of the acceptance of this act Question of
shall be submitted to the qualified voters of the city of be submitted to
Lowell at the annual state election in the present year, nrannuaretate"'
and the affirmative votes of a majority of the voters present '^'^'="°°' ^^^^-

368

Acts, 1896.

Chap. 416.

1892, 419. § 36,
amended.

and voting thereon shall be required for such acceptance.
If so accepted so much thereof as provides for the election
of a chief of the department of supplies shall take effect at
the next annual municipal election, and the act shall take
full effect on the first Monday of January in the year
eighteen hundred and ninety-seven.

Approved May 16, 1896.

ChapAlQ ^ ^CT RELATIVE TO THE CONSTRUCTION OF BUILDINGS IN THE

CITY OF BOSTON.

Be it enacted, etc., as follows :

Section 1. Section thirty-six of chapter four hundred
and nineteen of the acts of the year eighteen hundred and
ninety-two is hereby amended by striking out the words
" Such walls of dwellings of the first or second class
hereafter built thirty-three feet or over ", in the fifth and
sixth lines, and inserting in place thereof the words : —
For such buildings exceeding said dimensions and not
over twenty- three feet wide, or thirty-six feet high, or
forty-five feet deep, external walls shall be not less than
eight inches thick and party walls shall be not less than
twelve inches thick. In case such buildings are to be
used for store purposes the external walls thereof to the
top of the second floor timbers shall be not less than
twelve inches thick. The external and party walls of
dwellings of the fii>t or second class hereafter built over
thirty-six feet, — so as to read as follows : — /Section 36.
The external and party walls above the foundation of
dwelling houses of the first or second class, hereafter
built, not over twenty feet wide, or thirty-three feet high,
or forty feet deep, shall be not less than eight inches
thick. For such buildings exceeding said dimensions and
not over twenty-three feet wide, or thirty-six feet high,
or forty-five feet deep, external walls shall be not less
than eight inches thick and party walls shall be not less
than twelve inches thick. In case such buildings are to
be used for store purposes the external walls thereof to
the top of the second floor timbers shall be not less than
twelve inches thick. The external and party walls of
dwellings of the first or second class hereafter built over
thirty-six feet, but not over sixty feet high, shall be not
less than twelve inches thick. Such walls of such dwell-
ings sixty feet or over, but not over seventy feet high,
shall be sixteen inches to the height of the top of the

External and
party walls
of dwelling
houscB.

Acts, 1896. — Chap. 417. 369

second floor, and twelve inches for the remaining height.
Such walls of such dwellings seventy feet or over, but not
over eighty feet high, shall be twenty inches to the top
of the second floor, sixteen inches to the top of the upper
floor, and to within fifteen feet of the roof, and twelve
inches the remaining height. Such walls of such dwell-
ings of eighty feet or more in height shall have for the
upper eighty feet the thickness required for buildings
between seventy and eighty feet in height, and every
section of twenty-five feet or part thereof below such
upper eighty feet shall have a thickness of four inches
more than is required for the section next above it.

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

Approved May 18, 1896.

Chaj^All

An Act to authorize the town of revere to elect a board

of survey.

Be it enacted, etc., as foUoivs :

Section 1. The town of Hevere, at its annual election Town of Revere
in the year eighteen hundred and ninety-seven, shall of iLfvey.^"^'^'^
choose three persons, citizens of said town who do not
hold any other town office, to constitute a Board of Survey
for said town, to serve, one for the term of one year, one
for the term of two years and one for the term of three
years from the date of their election and until their re-
spective successors are elected ; and thereafter the voters
of said town shall annually at the annual town election
elect a citizen of said town to serve as a member of said
board for the term of three years from the date of his
election or until his successor is chosen. Any vacancy Vacancy.
occurring in said board may be filled until the next annual
town election by the board of selectmen and board of
survey, in joint convention. The members of said board
shall receive no compensation for their services.

Section 2. From the date of the passage of this act selectmen to act
until the annual town election in the year eighteen hundred "oVn ek'ai'on,
and ninety-seven the board of selectmen of the town of ^^^''
Revere shall act as a board of survey, and have all the
rights and duties conferred upon said board by this act.

Section 3. The board of survey shall, with all reason- pianstobe
able dispatch, cause to be made under its direction plans location o7'°^
of such territory or sections of land in said town as said '''shways, etc.
board may deem necessary, showing thereon the location
of such highway or highways, whether already laid out or

370

Acts, 1896. — Chap. 417.

To give public
hearing, etc.

Certain powers
of Belectmen
not abridged,
etc.

Construction of
highways, etc.

Proviso.

not, as said board shall be of opinion the present or future
interests of the public will require in such territory,
showing clearly the directions, widths and grades of each
highway, and may employ such assistants and incur such
expenses as it may deem necessary therefor, not to exceed
the amount of money appropriated by the town for said
purpose. Said board, before making any such plan, shall
give a public hearing as to the locations, directions, widths
and grades of the highway or highways in the territory to
be shown on the plan, after advertising a notice of such
hearing once a week for two successive weeks in a news-
paper published in said town, the last advertisement to be
at least two days before such hearing, and shall, after
making any such plan, give a like notice of hearing
thereon, and keep the plan open to public inspection for
one month after the first advertisement of such hearing.
Such plan thereafter, and after the alterations deemed
necessary by said board have been made thereon, shall be
marked as made under the provisions of this act, shall be
signed by said board, and if approved by the selectmen
of said town shall be signed by them, and after being so
signed and approved shall bo hied in the office of the town
clerk of said town, who shall sign the same and attest the
date of said filing.

Section 4. The powers of the board of selectmen of
said town in regard to highways shall not be abridged by
this act in any manner except as provided in this section
and in section six, and the powers given them in this act
shall be in addition to the powers now exercised by them.
After the passage of this act no highway in the town of
Revere shown on any plan filed as aforesaid shall be laid
out, located anew, altered or widened, and no such high-
way, whether already or hereafter laid out, shall be con-
structed by any public authority, except in accordance
with the provisions of this act ; and no person or corpora-
tion shall hereafter open for public travel any private way
into any high May, unless the location, directions, widths
and grades of such private way have been approved in
writing by said l)oard of survey and by the selectmen ; and
neither the town or any other pul)lic authority shall place
any public sewer, drain, water pipe or lamp in, or do any
public work of any kind on, any private way opened to
public travel, contrary to the provisions of this act : pro-
vided^ however^ that this provision shall not prevent the

Acts, 1896. — Chap. 418. 371

laying of a trunk sewer, or a water or gas main, as engi-
neering demands may require.

Section 5. If any building shall hereafter be placed ^ufi^inVit
or erected in said town at a grade other than the grade grades other
therefor recorded in the office of the town clerk, or if any recorded, etc.
building shall be placed or erected within the boundaries
of any way shown on any of the plans hereinbefore pro-
vided for, after the filing of the plan as aforesaid, and not
removed at the expense of the owner when required by
said board of selectmen, no damages occasioned to the
estate of which the land on which the building was so
placed formed a part at the date of the first advertisement
of the first notice given by said board, relating to the plan
on which any part of said estate is shown, or to any part
of said estate, by any subsequent establishment of any
grade of any highway, or by any sul^sequent change of
any grade of any highway, shall be recovered by or be
paid to the owner of the whole or of any part of such
estate.

Section 6. Whenever said board of survey shall l)e of improvements
opinion that any way or strip of land in said town should
be laid out as a highway, or that any highway therein
should be located anew, altered or widened, and con-
structed by grading and covering with pavement, gravel
or other material, or that any one or more of such im-
provements should be made, said board shall proceed in the
manner provided at the date of the passage of this act
for laying out highways in said town.

Section 7. Xo indebtedness shall be incurred by said Estimated cost

, J of improve-

board of survey under this act until said board shall have ments, etc., to
submitted to the voters of the town, at a town meeting voters.
duly called and holden, a statement of the proposed im-
provement, together with an estimate of the cost of the
same, and an appropriation therefor shall have been made.

Section 8. This act shall take effect upon its accept- when to take
ance by a majority vote of the voters of said town present
and voting thereon at a town meeting called for the pur-
pose or at any annual meeting of said town.

Approved 3Iaxj 18, 1896.

An Act relatfve to bakeries and persons employed therein, niffyj^ Alfi

Be it enacted, etc. , as follows :

Section 1. All buildings occupied as biscuit, bread or piumbing, etc.,
cake bakeries shall be so drained and shall be provided '° '^^''«"«*-

372

Acts, 1896. — Chap. 418.

Construction of
floors, walls
and ceilings.

Arrangement of
furniture, etc.

Storing of
manufactured
flour or meal
food products.

Washrooms,
water-closets,
etc.

Sleeping places.

Penalty.

Alterations in
premises.

with such a system of pkimbing as shall conduce to the
proper and healthful condition thereof.

Section 2. Every room used for the manufacture of
flour or meal food products shall have, if deemed necessary
by the authority vested with the enforcement of this act,
an impermeable floor constructed of cement or of tiles laid
in cement, with an additional flooring of wood properly
saturated with linseed oil. The side walls and ceilings of
such rooms shall be plastered or wainscoted, and, if re-
quired by said authority, shall be whitewashed at least
once in three months. The furniture and utensils in such
rooms shall be so arranged that the furniture and floor
may at all times l)e kept clean and in a proper and
healthful sanitary condition.

Section 3. The manufactured flour or meal food prod-
ucts shall be kept in perfectly dry and airy rooms, so
arranged that the floors, shelves and all other facilities for
storing the same can be easily and perfectly cleaned.

Section 4. Every such bakery shall be provided with
a proper washroom and water-closet or closets, with venti-
lation apart from the bakeroom or rooms where the manu-
facturing of such food products is conducted ; and no
water-closet, earth-closet, privy or ash-pit shall be within
or communicate directly with the bakeroom of any bakery.

Section 5. The sleeping places for the persons em-
ployed in a bakery shall be separate from the room or
rooms where flour or meal food products are manufactured
or stored.

Section 6. Any person who violates any of the provi-
sions of this act, or refuses to comply with any require-
ment of the authority vested with its enforcement, as
provided herein, shall be guilty of a misdemeanor, and
on conviction shall be punished by a fine of not less than
twenty nor more than fifty dollars for a first offence, and
for a second offence by a fine of not less than fifty nor
more than one hundred dollars, or by imprisonment for
not more than ten days, and for a third offence by a fine
of not less than two hundred and fifty dollars and by im-
prisonment for not more than thirty days, or by both such
fine and imprisonment.

Section 7. The owner, agent or lessee of any property
affected by the provisions of sections one two, or four of
this act shall, within sixty days after service of notice
requiring any alterations to be made in or upon such

Acts, 1896. — Chap. 419. 373

premises, comply therewith. Such notice shall be in writ-
ing and may be served upon such owner, agent or lessee,
either personally or by mail ; and a notice mailed to the
last known address of such owner, agent or lessee shall be
deemed sufficient for the purpose of this act.

Section 8. The board of health of a city or town in Boards of health
which a bakery is situated, or in which the business regu- visions, etc/ "
lated by this act is carried on, shall enforce the provisions
of this act and shall cause copies of the same to be printed
and posted in all the bakeries and places in which such
business is carried on within their respective jurisdictions.

Approved May 19 , 1896.

An Act to authorize the city of holyoke to ixchease its njinj) 419

WATER SUPPLY.

Be it enacted,, etc., as foUou's :

Section 1 . The city of Hol^^oke by its water commis- May take cer-
sioners, for the purpose of supplying its inhabitants with land^ett"'
pure water for the extinguishment of fires and for domestic
and other purposes, may take by purchase or otherwise
and hold the waters of the southwesterly branch of the
Manhan river, at any point on said river not more than
three thousand feet below the confluence of the Tucker
and Manhan brooks, in the town of Southampton, also
the waters of Tucker and Manhan brooks and the sjirings
connected therewith, and the water rights connected with
such waters, and also all lands, rights of way and ease-
ments necessary for holding and preserving such water
and for diverting and conducting the same into Ashley's
and Wright's ponds, so-called, in said city of Holyoke, and
also for conducting the same to any and all parts of said
city; and may erect upon the land thus taken or held ^»y^^«^*,^
proper dams, buildings and other structures; and may down pipes, etc.
make excavations and provide such other means and ap-
pliances as may be necessary for the establishment and
maintenance of complete and effective water works ; and
may construct and lay down conduits, pipes and other
works under or over any lands, water courses, railroads
or public or private w^ays, and along any such ways in
such manner as not unnecessarily to obstruct the same ;
and for the purpose of constructing, maintaining and re-
pairing the same, and for all proper purposes of this act,
said city may dig up any such lands, and, under the direc-
tion of the board of selectmen of the town in which said

374

Acts, 1896. — Chap. 419.

Description of
lands, etc., to be
recorded.

Damages.

Holyoke "Water

Fund.

ways are situated, may enter upon and dig up any such
ways, in such manner as to cause the least hindrance to
public travel on such ways.

Section 2. The city of Holyoke shall, within sixty
days after the taking of any such lands, rights of way,
water rights, water courses or easements as aforesaid,
otherwise than by purchase, file and cause to be recorded
in the registry of deeds for the county in which the said
lands or other property are situated a description thereof
sufficiently accurate for identification, with a statement of
the purposes for which the same were taken, signed by the
water commissioners of said city.

Section 3. The city of Holyoke shall be liable to pay
all damages sustained by any persons or corporations in
their property by the taking of any lands, water, water
sources, water rights, easements or other property, or by
the construction or repairing of any dams, aqueducts, or
other works for the purposes aforesaid, or by the doing of
any other act or thing causing damage. If any person or
corporation sustaining damages as aforesaid cannot agree
with the city upon the amount of such damages they may
be assessed by the county commissioners for the counties
of Hampden and Hampshire in joint session, by the making
of a written application to said commissioners for the
assessment of damages within three years after such dam-
ages shall have been sustained ; and either party aggrieved
by the decision of said commissioners in the estimation of
said damages, may, upon application to the superior court
sitting within and for the county where said damages are
sustained, have the same assessed by a jury, and if the
damages are increased by the jury said city shall pay all
legal costs, but otherwise said costs shall be paid by the
party claiming damages ; and the said commissioners and
jury shall have the same powers, and the proceedings shall
in all other respects be conducted in the same manner, as
provided in case of taking lands for highways.

Section 4. Said city may, for the purpose of paying
the necessary expenses and liabilities incurred under the
provisions of this act, issue from time to time bonds, notes
or scrip to an amount not exceeding in the aggregate three
hundred thousand dollars. Such bonds, notes or scrip
shall bear on their face the words, Holyoke Water Fund,
shall be payable at the expiration of periods not exceeding
thirty years from the date of issue, shall bear interest pay-

Acts, 1896. — Chap. 420. 375

able semi-annually at a rate not exceeding six per cent,
per annum, and shall be signed b}' the treasurer of the city
and be countersigned by the water commissioners of said
city. Said city shall sell such securities at pulilic or
private sale, or pledge the same for money borrowed for
the purposes of this act, upon such terms and conditions
as it may deem proper, provided that such securities shall
not be sold for less than the par value thereof. The city Sinking fund.
shall provide at the time of contracting said loan for the
establishment of a sinking fund, and shall annually con-
tribute to such fund a sum sufficient with the accumula-
tions thereof to pay the principal of said loan at maturity.
The said sinking fund shall remain inviolate and pledged
to the payment of said loan and shall be used for no other
purpose. And such bonds, notes or scrip shall not be Not to be con-
considered or reckoned in ascertaining the limit of in- taini'ug deb*''*'^'
debtedness of said city under the provisions of chapter '"""*
twenty-nine of the Public Statutes and of the acts in
amendment thereof or in addition thereto.

Section 5. The city of Hoi yoke shall, when construct- to place a y

, , . -, , 1 branch in pipe

ing its pipe line through the town ot Southampton, place iine through
a Y branch in said pipe line, not less than eight inches in et'c" '""^ °°'
diameter, at its own expense, at such point as may be
designated by the selectmen of said town. If at any time
thereafter the town of Southampton shall vote to con-
struct a system of water works said town may connect
its pipea with that of the city of Holyoke at the Y branch
herein provided for, and draw from the pipe of the city
of Holyoke, without expense to said town, such quantity
of water as may be required hy said town to supply its
inhabitants with water for fire, domestic, and other pur-
poses, except power, not exceeding one hundred and
twenty-five gallons per day for each inhal)itant.

Section 6. The provisions of chapter sixty-two of app^fe'tc?
the acts of the year eighteen hundred and seventy-two
shall apply to this act, so far as the same are not in con-
flict herewith.

Section 7. This act shall take eflect upon its passage.

Approved May 19, 1896.

ChapA20

An Act making an APrKOPKiATit)N for the salaries and ex-
penses OF THE AGENTS OF THE STATE HOARD OF EDUCATION.

Be it enacted, etc., as foUoios :

Section 1. A sum not exceeding twenty thousand ^ftTboard
three hundred and twenty-five dollars is hereby appro- of education.

376 Acts, 1896. — Chaps. 421, 422, 423.

priated, to be paid out of the treasury of the Common-
wealth from the ordinary revenue, for the payment of the
salaries and expenses of the agents of the state board of
education during the year ending on the thirty-first day
of December in the year eighteen hundred and ninety-six.
Section 2. This act shall take effect upon its passage.

Approved May 21, 1896.

Chap,4:2lL ■''^^ ^CT TO AUTHORIZE THE FALL KIVER IKON WORKS COMPANY

TO INCREASE ITS CAPITAL STOCK.

Be it enacted, etc. , as foUoivs :

?ron workl'""" The Fall River Iron AVorks Company is hereby author-
hic™ease u?"^ izcd to iucrcaso its capital stock in the manner provided
capital 8tock. ]^y j^^ for the iucrcasc of the capital stock of manufac-
turing corporations, and in such amounts as it may from
time to time determine, provided that the whole amount
of its capital stock shall not exceed four million dollars.

Approved May 21, 1896.

Chup.4:2'2l ^N -'^CT RELATIVE TO BOXING MATCHES.

Be it enacted, etc., asfolloivs:

Penalty for Whocvcr engages in or gives or promotes a public box-

engaging m O z^ ^ , Vi . . ^ .^

boxitig matches inof match or sparrmo- exhibition, or engages in a private

for a consifltra- ^ l cd ' *zj o i

tion, etc. boxing match or sparring exhibition, for which the con-

testants have received or have been promised any pecu-
niary reward, remuneration or consideration whatsoever,
either directly or indirectly, shall be punished by a fine
not exceeding two hundred dollars, or by imprisonment in
the house of correction for a term not exceeding three
months, or by both such fine and imprisonment.

Approved May 21, 1896.

ChctV.4:23 ^^ -^CT RELATIVE TO SAFE DEPOSIT, LOAN AND TRUST COMPANIES-

Be it enacted, etc., as folloivs :
1888, 413, §6, Section 1. Section six of chapter four hundred and

anaenaed. /.i .1

thirteen of the acts of the year eighteen hundred and

eighty-eight is hereby amended by adding at the end

Not to give thereof the following words : — No such corporation shall

clnaVn^cases. givc Collateral or other security for any deposit of money

received under the provisions of this section.
To set aside Section 2. Evcrv such corporation hereafter incor-

portion of -, n T % • ^11 11

earnings as a poi'atcd, after a dcductiou 01 all reasonable expenses
guaranty un . •^^^^j.j^g^j ^^ ^^q manao^emeut thereof, together with such

Acts, 1896. — Chaps. 424, 425. 377

losses as may have occurred during the year, shall
annually set aside not less than ten per cent, of its remain-
ing earnings as a guaranty fund, until such fund amounts
to twenty-tive per cent, of its capital, which fund shall be
invested in the same manner as deposits in savings banks
are now or hereafter may be required to be invested.

Section 3. No such corporation shall hereafter com- Not to exercise
mence to exercise the powers and duties described in sec- and dutfe°'^ith-
tions seven and eight of said chapter four hundred and com?n4''8?onJr8^
thirteen of the acts of the year eighteen hundred and ^^nks*"^^
eighty-eight until it shall have applied for and received
the written authority of the board of commissioners of
savings banks so to do, and such board is hereby author-
ized to grant or to decline to grant such authority, after
such investigation of the affairs of the company as the
said board may deem expedient.

Section 4. This act shall take effect upon its passage.

Approved May 21, 1896.

An Act relative to the qualifications of firemen. (7/«ttZ).424

Be it enacted, etc., asfolloivs:

Section 1 . I^ersons five feet five inches in height, and ?"fi[emenTn^
over, shall be eligible to appointment on the fire force of Boston.
the city of Boston, if otherwise qualified; and no rules
shall be made by the civil service commissioners in conflict
with the provisions of this section.

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

Approved May 21, 1896.

An Act relative to discharges from the volunteer militia, ni^f^^ 4.0ft
Be it enacted, etc. , as follows :

Section sixty-five of chapter three hundred and sixty- 1893, 367. § es,

ADiGndGd

seven of the acts of the year eighteen hundred and ninety-
three is hereby amended by adding at the end thereof the
following words : — after a hearing before the governor,
at which hearing such officer shall have the right to be
present with counsel, — so that said section as amended
will read as follows: — Section 65. An officer may be Discharge of
honorably discharged hj the commander-in-chief, upon the^vofunte'er
removal of residence from the state ; upon tender of resig- '^''*''"-
nation ; upon the disbandment of the organization to
which he belongs ; or, if a staff officer, on the written
request of the officer appointing him ; or upon the qualifi-

378 Acts, 1896. — Chaps. 426, 427.

cation of his appointed successor ; or when he accepts
an appointment in the army or navy of the United States ;
or for the purpose of reorganization of the militia or any
part thereof, upon the recommendation of a ])oard of
officers appointed for that purpose, after a hearing before
the governor, at which hearing such officer shall have the
right to be present with counsel.

Approved May 21, 1896.

Chap.42i6 An Act relative to the duties and jurisdiction of the board

OF GAS AND ELECTRIC LIGHT COMMISSIONERS.

Be it enacted, etc., as follows :
Enforcement of SECTION 1. The suprcmc iudicial court or the supcrior

certain orders I J _ i

of gas and court, or any justice thereof, m term time or vacation
commisBioners, may, OH the application of the board of gas and electric
^"^' light commissioners, by any appropriate process in equity

enforce all lawful orders of said board and all provisions
of law respecting persons, corporations or municipalities
engaged in the manufacture and sale of gas and electricity
for lighting.

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

A2)2)roved May 21, 1896.

ChClV.4:2i7 -^^ -^^"^ ^^ EXEMPT CERTAIN OFFICERS OF COURTS FROM SERVING

AS JURORS.

Be it enacted, etc., as foUoivs :

P- s. 170, § 2, Section 1 . Section two of chapter one hundred and

seventy of the Public Statutes is hereby amended by
striking out the words "clerks of courts", in the seventh
line, and inserting in place thereof the words: — clerks
and assistant clerks and all regularly appointed officers of
any of the courts of the United States, and of any of the
courts now existing or which may hereafter be established
in this Commonwealth, — so as to read as follows: —
exemp°From°' SectioH 2. The followiug pcrsoiis shall be exempt from
i^uforsf^* serving as jurors, to wit: — The governor; lieutenant
governor ; members of the council ; secretary of the Com-
monwealth ; members and officers of the senate and house
of representatives during the session of the general court ;
judges and justices of a court, except justices of the peace ;
county and special commissioners ; clerks and assistant
clerks and all regularly appointed officers of any of the
courts of the United States, and of any of the courts now

Acts, 1896. — Chap. 428. 379

existing or which may hereafter be established in this Com-
monwealth ; registers of probate and insolvency ; registers
of deeds ; sheriiis and their deputies ; constables ; marshals
of the United States and their deputies, and all other offi-
cers of the United States ; attorneys at law ; settled minis-
ters of the gospel ; officers of colleges ; preceptors and
teachers of incorporated academies ; practising physicians
and surgeons regularly licensed ; cashiers of incorporated
banks ; constant ferrymen ; persons who are more than
sixty-five years old ; members of the volunteer militia ;
members of the ancient and honorable artillery company ;
superintendents, officers, and assistants employed in or
about a state hospital, state almshouse, jail, lunatic hospi-
tal, house of correction, house of industry, reform school,
or state prison ; keepers of light-houses ; conductors and
engine drivers of railroad trains ; teachers in public
schools ; and enginemen and members of the fire depart-
ment of the city of Boston ; and enginemen and members
of the fire department of other places may be exempt by
the vote of the city council of the city or the inhabitants
of the town.

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

Approved May 21, 1896.

ChapA2S

An Act to ixcoupokate the Worcester keal estate asso-
ciation.

Be it enacted, etc., as follows:

Section 1. Otis E. Putnam, Henry W. Eddy, James Worcester
H. Rowland, Harlan P. Duncan and Henry S. Pratt, their Assidauon
associates and successors, are hereby made a corporation "^•=o'"P°'"a*ed.
for the term of thirty years from the date of the passage of
this act, by the name of the Worcester Real Estate Asso-
ciation, subject to the provisions of chapter one hundred
and five of the Public Statutes and to all general laws
which now are or hereafter may be in force relating to
such corporations, and shall have the powers and be sub-
ject to the liabilities and restrictions prescribed therein.

Section 2. The said corporation shall have power to MayhoWcer-
purchase, hold, sell, mortgage, let and lease the real estate *^^° ''^''' ^*'^'««
in the city of Worcester known as Richmond Heights,
comprising about seventeen acres of land, situated on
Pleasant street, in the westerly part of said Worcester,
being the same premises as are shown on a plan recorded
with Worcester district registry of deeds, in book fourteen

380

Acts, 1896. — Chaps. 429, 430.

Capital stock.

Proviso.

May increase
capital stock.

hundred and fourteen, page six hundred and fifty-three,
and to improve the same by the erection of dwelling
houses, stores and other buildings thereon or otherwise as
may be expedient.

Section 3. The capital stock of said corporation shall
be twenty-five thousand dollars, and shall be divided into
shares of one hundred dollars each : provided, that no stock
shall be issued until the whole amount of said capital stock
shall have been paid in, either in cash or property, the
value of which property, if any, shall be determined by
the commissioner of corporations.

Section 4. The said corporation may from time to
time increase its capital stock in amounts not to exceed in
the aggregate the further sum of one hundred and twenty-
five thousand dollars : provided, that no shares in such in-
creased capital stock shall be issued for a less sum to be
actually paid in on such shares in cash or propert}' than
the par value thereof, which shall not be less than one
hundred dollars, the value of said property to be deter-
mined as aforesaid ; and, cdso, provided, that a certificate
stating the amount of any such increase shall within ten
days thereafter be made, signed and sworn to by its
president, treasurer and a majority of its directors, and be
filed in the ofiice of the secretary of the Commonwealth.

Section 5. This act shall take eflect upon its passage.

Apprcyved May 23, 1896.

An Act relative to agents of the state board of education.
Be it enacted, etc., as follows:

Section 1. No agent of the state board of education
shall be pecuniarily interested, either directly or indirectly,
in the publication or sale of any text book, school book or
article of school supply used in the public schools of this
Commonwealth .

Section 2. This act shall take efiect on the first day
of January in the year eighteen hundred and ninety-seven.

Approved May 25, 1896.

Chcip.4:30 ^^ ■^^'^ ^O INCORPORATE THE MARLBOROUGH AND WBSTBOROUGH

STREET RAILWAY COMPANY.

Be it enacted, etc., as follotvs :

fuTweT^^ Section 1. Edward F. Blodgett, Edwin B. Harvey,

torough street Mai'cus A. Coolidgc, William N. Davcupoi't, George W.
pa^ny^ncorpS'- Mantle, Charlcs S. Henry and Arthur M. Bridgman, their

rated.

Cha2jA29

Sale, etc., of
puWic school
supplies.

Acts, 1896. — Chap. 430. 381

associates and successors, are hereby made a corporation
under the name of the Marlborough and Westborough
Street Railway Company, with all the powers and privi-
leges and .subject to all the duties, conditions and restrictions
set forth in all general laws that now are or hereafter may
be in force relating to street railway companies.

Section 2. Said company is hereby authorized to May construct
construct and operate a railway, with single or double railway ^in'* ^
tracks and with convenient turn-outs and switches, over ^"In^certaui
and upon such locations in the streets or highways in the ^o^ns.
city of Marlborough and in the towns of Westborough,
Northborough and Southborough, as shall l)e from time to
time tixed and determined by the mayor and aldermen of
said city, and by the selectmen of said towns respectively.

Section 3. Said company may locate, construct, equip May take neces.
and operate its railway with suitable tracks and turn-outs ^^^^ "*" ''' ^ '^'
upon and over private lands within said city and towns,
and for such purpose may take and hold by purchase or
otherwise all necessary lands, and may take and hold by
purchase or otherwise all land necessary for power stations
and other uses incidental to the proper maintenance of its
railway, and may erect and equip upon said land a station
or stations, with sufficient steam and electrical power for
the operation of its railway. The proceedings for the Proceedings for
fixing of the route, location and construction of said rail- io^crtfon°"efc.
way over all o-f the route lying outside of the streets and
public ways of said city and towns and for the taking of
private lands for the purposes named in this section shall
be similar to those prescribed by general laws in relation
to railroads.

Section 4. The location of said railway outside of width of
public streets and highways shall not exceed fifty feet in
width.

Section 5. Said company may maintain and operate Motive power,
said railway by any motive power other than steam,
approved by the mayor and aldermen of the city of
Marlborough and by the selectmen of the towns of West-
borough, Northborough and Southborough, and, with the
consent of such boards of aldermen and selectmen, may
make such underground alterations of the streets and
highways, and may erect such poles and wires therein,
and may erect and maintain such poles and wires on pri-
vate lands obtained as aforesaid, as may be necessary to
establish and maintain such motive power.

382

Acts, 1896. — Chap. 431.

Capital Block.

May issue mort-
gage bonds, etc.

Bonds to be
approved, etc.

May acquire
water power,
etc.

Rights granted
to be void
under certain
conditions.

Railway to be
constructed,
etc., before
July 1, 1898.

Section 6. The capital stock of said corporation shall
not exceed one hundred thousand dollars, except that said
corporation may increase its capital stock subject to the
general laws applicable to such increase..

Section 7. Said corporation may from time to time,
by vote of the majority in interest of its stockholders,
issue coupon or registered bonds. To secure the payment
of such bonds, with interest thereon, said corporation may
make a mortgage of its road and franchise and of any part
of its other property, and may include in such mortgage
property thereafter to be acquired, and may therein re-
serve to its directors the right to sell or otherwise in due
course of business to dispose of property included therein
which may become worn, damaged or unsuitable for use
in the operation of its road, provided that an equivalent in
value is substituted therefor. All bonds issued shall first
be approved by some person appointed by the corpora-
tion for that purpose, who shall certify upon each bond
that it is properly issued and recorded. All stock and
bonds authorized by this iiict shall be issued and disposed
of in accordance "svith the provisions of all general laws
relative to the issue of stock and bonds by street railway
companies.

Section 8. Said company may acquire by purchase
and hold any water power and appurtenant lands for the
purpose of furnishing motive power for its own use or for
the use of any connecting street railway.

Section 1), All rights granted under this act shall be
null and void in case said railway shall be sold or leased
to any foreign corporation.

Section 10. This act shall take eifect upon its passage,
but shall become void unless said railway is constructed
and put in operation before the first day of July in the
year eighteen hundred and ninety-eight.

Approved 3Iay 25, 1896.

0/ittI>.431 -^^ ^^"^ '^'^ INCORPORATE THE MARTHA'S YIXEYAKD STREET RAIL-
WAY COMPANY AND TO AUTHORIZE IT TO LEASE OR PURCHASE
THE PROPERTY AND FRANCHISES OF THE COTTAGE CITY STREET
RAILWAY COMPANY,

Be it enacted, etc. , as folloivs :

JlTdste^"^" Section 1. John R. Graham, John A. Duggan, Fred-
RaHwajCom- grick H. Smith, Josiah Quincy, Frederick Nichols, Wil-
rated. liam H. Gallisoii and John F. Merrill, their associates and

Acts, 1896. — Chap. 431. 383

successors, are hereby made a corporation under the name
of the Martha's Vineyard Street Railway Company, with
all the powers and privileges and subject to all the duties,
liabilities and restrictions set forth in all general laws that
now are or hereafter may be in force relating to street
railway companies, except as hereinafter provided.

Section 2. Said company may construct and operate a May construct
railway, with single or double tracks, and with convenient railway ^in ^ '^
turn-outs and switches and necessary wires, poles ami •='''"''»"> to^°8-
fixtures, over such locations upon any highways, bridges
or wharves in the towns of Edgartown, Cottage City,
Tisbury, West Tisbury and Chilmark, as shall from time
to time be granted by the selectmen of said towns respec-
tively, and upon such private land in said towns as said
company may acquire by lease or purchase.

Section 3. Said company may acquire by lease or May acquire
purchase all real estate necessary for its tracks, turn-outs, ertlue".'*'^^ "^^^
switches, power station, bridges and wharves, and for
all other uses incident to the proper carrying on of its
business.

Section 4. Said company may maintain and operate Motive power.
its railway by any motive power other than steam, and
may, with the consent of the selectmen of the towns of
Edgartown, Cottage City, Tisbury, West Tisbury and
Chilmark, erect poles and wires in places under the con-
trol of said selectmen, and may erect and maintain such
poles and wires upon private land acquired by purchase
or lease, as may be necessary to establish such motive
power and carry on its business.

Section 5. Said company is hereby authorized to May carry on
carry on the express business and to be a common carrier bJfshi'eBsre^tc.
for the conveyance of passengers, goods, parcels and
mails, subject to the provisions of chapter seventy-three
of the Public Statutes and to all laws relating to common
carriers and express companies.

Section 6. The capital stock of said corporation shall capUai stock.
not exceed one hundred and fifty thousand dollars, but
such capital stock may be increased according to the
general laws.

Section 7. Said company may from time to time, by May issue mort-
vote of a majority in interest of its stockholders, issue ^^^^ °° *' * ''*
coupon or registered bonds to an amount not exceeding
the amount of its capital stock actually paid in, which
bonds shall ])e payable in not exceeding twenty-five years

384

Acts, 1896. — Chap. 431.

Bonds to be
approved.

Issue of stock
or bonds to be
approved by
railroad com-
missioners, etc.

May lease or
purchase fran-
chise, property,
etc., of Cottage
City Street
Railway Com-
pany, etc.

1S91, 308, § 4, to
apply.

from the date of issue thereof; and to secure payment
thereof, with interest thereon, said company may make a
mortgage of its railway, franchises and other property,
and may include therein property thereafter to be ac-
quired, and may therein reserve to its directors the right
to sell or otherwise in due course of business to dispose
of property included therein which may become worn,
damaged or otherwise unsuital)le for use in the operation
of its railway and the transaction of its business, provided
that an equivalent in value is substituted therefor. All
bonds issued shall tirst be approved by some person ap-
pointed by the corporation for that purpose, atIio shall
certify upon each bond that it is properly issued and
recorded.

Section 8. No stock or bonds shall be issued under
this act until the terms of such issue have been submitted
to the board of railroad commissioners and approved by
them, and all the provisions of the general laws relating
to the issue of stocks and bonds of street railway com-
panies have been complied with.

Section 9. Said Martha's Vinej^ard Street Eailway
Company is hereby authorized, Mdien it has been duly
organized, to lease or purchase the railway, franchise,
property, rights and easements of the Cottage City Street
Railway Company ; and the Cottage City Street Railway
Company is hereby authorized to lease or sell and convey
the same to the Martha's Vineyard Street Railway Com-
pany, which latter company shall, upon such lease or
conveyance and in accordance with the terms thereof,
have and enjo}' the powers and privileges and be subject
to the duties, liabilities and restrictions of the said Cot-
tage City Street Railway Comj^any : j^^'^vided, however^
that no such lease or purchase and sale shall be valid or
binding until the terms thereof have been agreed to by a
majority of the directors of each of said companies and by
a majority in interest of their respective stockholders at
meetings duly called for the purpose, and have l>een ap-
proved by the board of railroad commissioners in the
manner provided by law.

Section 10. The provisions of section four of chapter
three hundred and eight of the acts of the year eighteen
hundred and ninety-one are, so far as they are applicable,
made part hereof, and shall apply to any purchase and sale
by either of said companies hereunder.

Acts, 1896. — Chaps. 432, 433. 385

_ «, „ ^ .
Section 1 1 . This act shall take effect upon its passage, Railway to be

but the right to locate and operate a street railway in any wiuiin'^thrTe

of the towns herein mentioned shall become void unless y^""'«'"=-

such railway is in operation therein within three years

from the passage of this act. Approved May 25, 1896.

An Act to extend the time within which the essex county QfiQ/n 432

STREET RAILWAY COMPANY MAY CONSTRUCT AND OPERATE ITS
RAILWAY.

Be it enacted, etc., as folloios :

Section 1 . The time within which the Essex County Time extended.
Street Railway Company is authorized by chapter three
hiyidred and eighty-eight of the acts of the year eighteen
hundred and ninety-three to construct and operate its
railway is hereby extended to the first day of January in
the jear eighteen hundred and ninety-eight.

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

Approved May 25, 1896.

An Act relative to the board of water commissioners and rijjrjj^ 4QQ

the water supply of the city of HAVERHILL. "^ *

Be it enacted, etc. , as foUotos :

Section 1. The board of water commissioners of the water commie-
city of Haverhill shall render to the city council of said erhiriTo*'report
city, annually, a report of its doings, including a state- ""^"''"y-
ment of its receipts and expenditures.

Section 2. The accounts of said board shall be audited Acconnts to

be audited.

annually by the city auditor.

Section 3. Said board, by unanimous vote of all the May seii certain
members thereof, with the approval of the mayor, shall
have full power and authority to sell any real estate under
the charge of the water department not included in the
watershed of the lakes, ponds, streams or basins from
which water for domestic purposes is taken, and to exe-
cute and deliver on behalf of the city such deeds or other
instruments as may be necessary to convey a full and com-
plete title to land so sold, to the purchaser or purchasers
thereof.

Section 4. Said board of water commissioners, by May seii certain
unanimous vote of all the members thereof, acting by and within VhT
with the consent of the mayor, and of the city council of uie'^akelfetc.
said city, shall have full power and authority to sell any
lands lying within the watershed of the lakes, great pond,

386

Acts, 1896. — Chap. 433.

1891,348, § 5,
amended.

Water com
sionerB, ap

basins or reservoirs from which the city is supplied with
water for domestic purposes ; and said board shall have
full power and authority to execute and deliver in the
name of said city all deeds and other instruments which
maybe necessary to convey a full and complete title to the
premises so sold, to the purchaser or purchasers thereof.-
Section 5. Section live of chapter three hundred and
forty-eight of the acts of the year eighteen hundred and
ninety-one is hereby amended by striking out the first
five lines of said section, and inserting in place thereof
the following : — Section 5. All the powers and duties
granted to and imposed upon the city of Haverhill by
this act, including the control and management of the
franchise, rights and property of the Haverhill Aqueduct
Company, in case the same are purchased or taken by the
city under the acts aforesaid, except the right to issue
bonds, notes or scrip as authorized by section six of this
act, — so that said section as amended shall read as fol-
lows : — Section 5. All the powers and duties grapted

ert anTdutre^e'^" ^^ ^"^^ imposcd upou the city of Haverhill by this act,
including the control and management of the franchise,
rights and property of the Haverhill Aqueduct Company,
in case the same are purchased or taken by the city under
the acts aforesaid, except the right to issue bonds, notes
or scrip as authorized by section six of this act, shall be
exercised by a board of water commissioners, consisting
of five residents of the city to be appointed by the mayor

Terms of office, with the spproval of the city council. Said commis-
sioners shall be appointed and hold their office for the
terms of one, two, three, four and five years, respec-
tively, from the first Monday of May next following their
appointment ; and thereafter one commissioner shall be
appointed each year for the term of five years from the
first Monday of May. All such commissioners, except in
case of removal, shall hold office until their successors are
appointed in their stead. Vacancies occurring during the
term may be filled for the remainder of the term. No
person shall be appointed commissioner who holds at the
time any city office by popular election. Any commis-
sioner, after due notice and hearing, may be removed at
any time by a two thirds vote of each branch of the city
council, for any cause which shall be deemed sufficient
and shall be expressed in the vote of removal. The com-
missioners shall receive no compensation for their services

Vacancies,
removals, com-
peDsation, etc.

Acts, 1896. — Chap. 433. 387

unless the city council by a two thirds vote of each branch
thereof otherwise determine, and in such case the amount
of compensation may be fixed by a like two thirds vote.

Section 6. Section seven of chapter three hundred ^f^^l^jl^^' § ^>
and forty-eight of the acts of the year eighteen hundred
and ninety-one is hereby amended by striking out all of
said section, and inserting in place thereof the following :
— Section 7. The board of water commissioners of the water commis-
city of Haverhill shall fix the prices or rents for the use ra'terfor^'useof
of water supplied annually; and the income received ^^'*"^'"' ''"^•
therefrom, after deducting all expenses and charges of
distribution, shall be applied, — first, to the payment of
the interest on the bonds issued on account of said water
supply ; second, to the payment of sinking funds rc(|uire-
ments for loans, in accordance with the provisions of
chapter twenty-nine of the Public Statutes ; third, to the
payment of all current expenses of said board of water
commissioners; fourth, the balance, if any, may be ap-
plied to the sinking funds for said loans, in the discretion
of the board of water commissioners. The said board of
water commissioners may expend from the annual receipts
for the purpose of new construction a sum not exceeding
twenty thousand dollars in any one year. The commis- Trustees of
sioners of sinking funds of the city of Haverhill shall «i°^''>g f^^"^''
be trustees of a sinking fund which shall be set apart for
the payment and redemption of said water loan, and which
shall remain inviolate and pledged to the payment of said
loan and shall be used for no other purpose. If, after the
payment of the interest on the bonds issued and the cur-
rent expenses, the said surplus does not equal two per
cent, of the total amount of the bonds, notes and scrip
issued under this act, the city shall raise by general taxa-
tion a sum which with the surplus shall equal said two
per cent., and shall contribute said sum to the sinking
fund. The commissioners shall annually, and as often as commissioners
the city council may require, render an account of all m,araccou"t,
their doings in relation to the sinking fund, and shall he ''"^•
governed by the provisions of section eleven of chapter
twenty-nine of the Public Statutes, except as herein
otherwise provided.

Section 7 . Section one of chapter four hundred and ^f,je|,dld ^ ^
seventeen of the acts of the year eighteen hundred and
ninety two is hereby amended by striking out the word
" five", in the second line, and inserting in place thereof

388

Acts, 1896. — Chap. 434.

city of Haver-
hill may take
certain lands,
waters, etc.

Title of land to
vest in city, etc.

Certain powers
and duties to be
exercised by
water commis-
sioners.

the word : — six, — and by adding at the end of said sec-
tion the following : — All the powers and duties granted
to and im}X)sed upon the city of Haverhill by this act shall
be exercised by the board of water commissioners of said
city, — so that said section as amended shall read as fol-
lows : — 8ection 1. The city of Haverhill is hereby
authorized to take within six years from the passage of
this act and hold, by purchase or otherwise, any lands,
waters, water rights or easements not already owned or
taken by said city, upon or within the watersheds of
Round pond. Plug pond, Kenoza lake and Crystal lake,
great ponds within said city of Haverhill, or either of
them, which shall be deemed necessary for the protection
and preservation of said watersheds, or either of them, or
for preserving, increasing or protecting the purity of the
waters of said great ponds, or either of them. The title
to all land taken or purchased under the provisions of this
act shall vest in said city, and the land taken may be man-
aged, improved and controlled by the board of water com-
missioners, in such manner as they shall deem for the best
interests of said city. All the powers and duties grunted
to and imposed upon the city of Haverhill by this act shall
be exercised by the board of water commissioners of said
city. Approved May 25^ 1896.

ChapA34: -^^ -^^X making appropriations FOR THE TAUNTON LUNATIC HOS-
PITAL, THE WESTBOROUGH INSANE HOSPITAL, AND FOR CERTAIN
OTHER EXPENSES AUTHORIZED BY LAW.

Be it enacted, etc., as foUmvs :
Appropriations. Section 1. The suuis hereinafter mentioned are appro-
priated, to be paid out of the treasury of the Common-
wealth from the ordinary revenue, for the purposes specified
in certain acts and resolves of the present year, and for
certain other expenses authorized by law, to wit : —

For extra clerical assistance in the office of the treasurer
and receiver general of the Commonwealth, as authorized
by chapter three hundred and twenty-six of the acts of
the present year, a sum not exceeding twenty-five hundred
dollars, the same to be in addition to any amounts hereto-
fore appropriated for the same purpose.

For the Massachusetts Institute of Technology, for the
maintenance of forty free scholarships, as provided for by
chapter three hundred and ten of the acts of the present
year, a sum not exceeding four thousand dollars, the same

Extra clerical
assistance to
treasurer and
receiver general.

Massachusetts
Institute of
Technology.

Acts, 1896. — Chap. 434. 389

to be in addition to any amount heretofore appropriated
during the present year for the same purpose.

For the salary of the examiner for the insurance depart- Examiner for
ment, as authorized by chapter three hundred and thirty- department,
five of the acts of the present year, a sum not exceeding
thirteen hundred and fifty dollars.

For printing extra copies of the report of the Massa- Report of

, ,,1-1 •• j_i'ii ij_ Massachusetts

chusetts highway commission, as authorized by chapter highway com-
thirty-three of the resolves of the present year, the sum ""^*'""'
of two hundred ninety-eight dollars and eighty-one cents,
the same to be in addition to any amount heretofore appro-
priated for the same purpose.

For the salary of the lieutenant governor of the Common- salary of
wealth, as provided for by chapter three hundred and forty- governor.'
seven of the acts of the present }'ear, the sum of four thou-
sand thirty-three dollars and thirty-four cents, the same
to 1)0 in addition to any amount heretofore appropriated.

For continuing the investigation relating to a general ^'^e?age for'^
system of drainage and sewerage for the city of Salem and t;'''.''™ .'*"'*
the town of Peabody, as authorized by chapter sixty-nine
of the resolves of the present year, a sum not exceeding
one thousand dollars.

For printing one thousand additional copies of the re- Report of
port of the board of library commissioners, as authorized musTo^ners™'
l)y chapter seventy of the resolves of the present year,
the sum of one hundred and twelve dollars.

For certain repairs and improvements at the state Lunatic hospital
lunatic hospital at Taunton, as authorized by chapter "' ^""°'o"-
seventy-two of the resolves of the present year, a sum
not exceeding twenty thousand eight hundred and seventy-
nine dollars.

For certain improvements at the state industrial school J",'^"^,* j^,! j^ig
for girls, as authorized by chapter seventy-three of the
resolves of the present year, a sum not exceeding twenty-
nine hundred and sixty dollars.

For additional shop room at the state prison, as author- state prison.
ized by chapter seventy-five of the resolves of the present
year, a sum not exceeding two thousand dollars.

For certain repairs and improvements at the West- ,^/ane imsplwi.
borough insane hospital, as authorized by chapter seventy-
six of the resolves of the present year, a sum not exceeding
twenty-six thousand four hundred and fifty dollars.

For services and other work connected with the conser- conservation of
vation of the Connecticut river, as authorized by chapter nven """"*

390

Acts, 1896. — Chap. 434.

Statutes relating
to elections.

MassachueettB
8«bool for
Feeble-minded.

Sewer assesB-
ments on
property of
Commonwealth
in Worcester.

Index to
archives.

Gift for

battleship

Massachusetts.

Manufacturers'
Agricultural
Society in North
Attleborough.

Consolidation of
Public Statutes.

Report of
metropolitan
district com-

Norraal school
at Framingham.

seventy-seven of the resolves of the present year, a sum
not exceeding one thousand dollars.

For the codification of the statutes relating to elections,
as authorized by chapter seventy-eight of the resolves
of the present year, a sum not exceeding five hundred
dollars.

For the erection of two buildings at the Massachusetts
School for the Feeble-minded, as authorized by chapter
eighty-one of the resolves of the present year, a sum not
exceeding sixty thousand dollars.

For the payment of sewer assessments on the property
of the Commonwealth in the city of Worcester, as author-
ized by chapter eighty-two of the resolves of the present
year, the sum of five hundred one dollars and five cents.

For the preparation of an index to the Massachusetts
archives, as authorized by chapter eighty-three of the re-
solves of the present year, a sum not exceeding twelve
hundred dollars.

For a suitable and proper gift to be placed in the battle-
ship Massachusetts, as authorized by chapter eight^^-four
of the resolves of the present year, a sum not exceeding
two thousand dollars.

For the Manufacturers' Agricultural Societ}^ in the town
of North Attleborough, as authorized by chapter eighty-
five of the resolves of the present year, the sum of six
hundred dollars.

For a consolidation and arrangement of the Public
Statutes of the Commonwealth, as authorized by chapter
eighty-seven of the resolves of the present year, a sum
not exceeding fifteen thousand dollars.

For printing additional copies of the report of the
metropolitan district commission, a sum not exceeding
one hundred and foiiy-four dollars, and for the payment
for sixteen hundred copies of the report of said commis-
sion already printed in excess of the number authorized
by law, a sum not exceeding three hundred dollars, all of
which is authorized by chapter eighty-eight of the resolves
of the present year.

For certain repairs and improvements at the state farm,
as authorized by chapter eighty-nine of the resolves of
the present year, a sum not exceeding thirty-four thou-
sand two hundred dollars.

For improvements at the state normal school at Fram-
as authorized by chapter ninety of the resolves

ingham

Acts, 1896. — Chap. 435." 391

of the present year, a sum not exceeding thirty-one thou-
sand dollars.

For grading the grounds and furnishing and fitting the New normal
new normal school buildings, as authorized by chapter fugs °' ^"'''''
ninety-one of the resolves of the present year, the follow-
ing sums, to wit : For the new normal school at Hyannis,
a sum not exceeding twenty-five thousand dollars ; for the
new normal school at Fitchburg, a sum not exceeding
thirty-five thousand dollars ; for the new normal school
at Lowell, a sum not exceeding fifty thousand dollars ;
for the new normal school at North Adams, a sum not
exceeding twenty-five thousand dollars ; for the new
normal school building at Salem, a sum not exceeding
forty-three thousand dollars.

For improvements and repairs at the state almshouse, state aima-
as authorized by chapter ninety-two of the resolves of the ''°"^®-
present year, a sum not exceeding fifty-six thousand four
hundred dollars.

For maintaining industries at the state prison and re- industries at
formatories, as authorized by chapter ninetj'-three of the reformatory's?
resolves of the present year, a sum not exceeding one
hundred thousand dollars, the same to be in addition to
any amount heretofore appropriated for the same purpose.

For repairs at the reformatory prison for women, as Reformatory
authorized by chapter ninety-four of the resolves of the women.""^
present year, a sum not exceeding twenty-eight hundred
dollars.

For the protection of the town of Agawam against the Protection
further encroachments of the Connecticut river, as author- againsren"
ized by chapter ninety-five of the resolves of the present of conne'cucut

nver.

ChapA?>5

year, a sum not exceeding fifteen hundred dollars.

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

Apx)roved May 25, 1896.

An Act relative to the holding of caucuses in the citv

of koston.

Be it enacted, etc., as foUoivs :

Section 1. In the city of Boston no caucus of acaiiingof
political party for the choice of candidates to be voted convemfons
for at a municipal election in said city and for the choice '° ^°^*°°-
of delegates to a convention to nominate candidates to be
voted for at such municipal election, except such caucuses
as relate to special elections, shall be called for a date

392

Acts, 1896. — Chap. 435.

Nomination
papers to be
sealed and filed
ten days before
caucus.

Correction of
errors, etc.

Recount of
ballots, etc.

earlier than seven days after the regular state election ;
nor shall any convention to nominate candidates to be
voted for at any municipal election in said city be called
for a date earlier than four days after the holding of the
caucus for the choice of delegates to such convention.

Section 2. In the city of Boston all nomination papers
of candidates for elective offices, for delegates to a con-
vention, for caucus officers, and for a ward committee to
be voted for at a caucus, shall be sealed up and filed in
the office of the secretary of the respective city committees
not less than ten week days previous to the day on which
the caucus is to be held for which the nominations are
made.

Section 3. In case any eiTor or informality shall be
found in any nomination paper filed with the board of
election commissioners, in accordance with the provisions
of section fifteen of chapter five hundred and seven of the
acts of the year eighteen hundred and ninety-five, t-he
same shall be forthwith returned to the secretary of the
committee by whom the same was filed, for the purpose
of correcting such error or informality ; and if the said
paper is not corrected and again filed, as therein provided,
before five o'clock in the afternoon of the day following
its return to said secretary, the same shall be regarded
and treated as of no efi'ect or validity.

Section 4. If before five o'clock in the afternoon of
the second day next succeeding the day of any caucus
held in said city under the provisions of the acts relating
to the holding of caucuses in said city, ten or more qual-
ified voters of any ward in said city shall sign, adding
thereto their respective residences on the first day of May
of that year, swear to and file with the board of election
commissioners, a statement that they have reason to be-
lieve that the records and returns made by the caucus
officers of such w^ard are erroneous, and shall specify
wherein they deem they are in error, said board of elec-
tion commissioners shall as soon as may be after the filing
of such statement open the package or packages contain-
ing the ballots cast and voting lists used at such caucus,
and recount said ballots and determine the questions raised ;
and such recount shall stand as the true result of the vote
cast in such caucus. And each candidate interested may
appear and be present during such recount, either in per-
son or by an agent appointed by him in writing.

Acts, 1896. — Chap. 436. 393

Section 5. The presidiu"; officer and secretary of Presiding officer

• !• ji -1 i'lT i 111 •!• ^°" secretary to

every caucus held within the city or Boston shall, within notify persons
three week days after the date of such caucus, deliver,
send or cause to be sent to each delegate to a political
convention, and to each member of a political committee,
a certificate of his election, and to each candidate for an
elective office a notice of bis nomination. And any such Penalty.
presiding officer or secretary who wilfully neglects or
refuses to comply with the above requirements shall be
punished by a fine not exceeding fifty dollars for each
otfence.

Section 6. Every caucus officer in the city of Boston, caucus officers
elected under the provisions of section twenty-six of chap- ''''^«'«^°''°>e^c.
ter five hundred and seven of the acts of the year eighteen
hundred and ninety-five, shall before entering upon the
discharc:e of his duties be sworn to the faithful discharge
thereof, and such oath may be administered by the war-
den, clerk, or a justice of the peace, and a record of such
fact shall be made upon the record l)ook of such caucus
and shall be certified to by the clerk.

Section 7. The board of election commissioners, after Election com-
a voting list has been used at a caucus of a political fllr^S cenmed
party, upon written application for a copy of the list as jisia M°cVecked.
checked, signed by not less than ten legal voters in said
ward, may unseal and open the envelope containing such
voting list and shall furnish to such applicants a certified
copy of the list as checked.

Section 8. All acts or parts of acts inconsistent here- Repeal.
with, so far as they interfere with the provisions herein
contained, are hereby repealed.

Section 9. This act shall take effect upon its passage.

Approved May 25, 1896.

An Act relative to the compensation for damages occasioned nhnq^ 4Q(^

BY the construction OF THE METROPOLITAN AVATER SYSTEM.

Be it enacted, etc., as follows:

Section 1 . Section sixteen of chapter four hundred l^^'^f^^ ^ ^*''
and eighty-eight of the acts of the year eighteen hundred
and ninety-five is hereby amended by striking out in the
eleventh line, the word "two", and inserting in place
thereof the word : — three, — so as to read as follows : —
jSectioji 16. The treasurer of the Commonwealth shall, tobL^iimwed
from the proceeds of the bonds hereinafter provided for, f"br"id°to"'"^

394 Acts, 1896. — Chaps. 437, 438.

towns of Boyi- reimburse the city of Boston for all moneys paid or that

Bton and West -, n, ■, ^ •ii •t-j./>i ii

BoyiBton. may hereafter be paid by said city tor land damages, or

otherwise, in connection with the location, building or
maintenance of reservoirs or basins not yet built, or for
lands taken for the preservation or protection of the
purity of the waters of any reservoirs, or basins or of the
tributaries thereof, and shall pay as part of the expenses
of said metropolitan water works to the town of Boylston
the sum of three thousand dollars a year and to the town
of West Boylston the sum of twelve thousand dollars a
year for the year of and each year succeeding said taking
of the waters of said Nashua river, so long as each of
said towns remains a municipality, and shall pay no tax
or other payment to either of said towns on account of
any property held by said water board for the purposes
of a water supply.

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

Approved May 27, 1896.

ChctpA37 -^^ ^CT TO AUTHORIZE THE NORTHAMPTON STREET RAILWAY
COMPANY TO ACT AS A COMMON CARRIER OF PARCELS.

Be it enacted, etc., as follows:

^mmon can-ier Thc Northampton Street Railway Company may act as
of small parcels, g^ comiiion Carrier of small parcels: provided, that said
company shall not so act in the city of Northamjiton, or
in any town until authorized to do so by a two thirds vote
of the voters of said city or town present and voting
thereon at an annual or special election held for that pur-
pose ; and provided, further, that said company shall in
the carrying of parcels be subject to such ordinances or
by-laws as said city or town may make in relation thereto.

Approved May 27, 1896.

OhapAo^ ^^ ^'^'^ TO REVISE THE CHARTER OF THE CITY OF HOLYOKE.

Be it enacted, etc., as follows :

TITLE 1. MUNICIPAL GOVERNMENT.

uofyoke. Section 1. The inhabitants of the city of Holyoke

shall continue to be a body politic and corporate, under
the name of the City of Holyoke, and as such shall have,
exercise and enjoy all the rights, immunities, powers and
privileges, and shall be subject to all the duties and obli-
gations, now incumbent upon and appertaining to said
city as a municipal corporation.

Acts, 1896. — Chap. 438. 395

Section 2. The administration of all the fisca-l, pru- AcimmisuaUon
dential and municipal affairs of said city, with the govern- affaiw^'etc."
nient thereof, shall , except the affairs of the public schools
of said city, be vested in an executive department, which
shall consist of one officer, to be called the mayor, and in
a legislative department, which shall consist of a single
body, to be called the board of aldermen, the members
w^hereof shall be called aldermen. The executive depart-
ment shall never exercise any legislative power, and the
legislative department shall never exercise any executive
power, except as herein otherwise provided.

Section 3. The territory of said city shall continue to seven wards.
be divided into seven wards, which shall retain their pres-
ent boundaries until the same shall be changed under the
general law relating thereto. The number of wards may,
in any year fixed by law f6r a new division of wards in
cities, be changed by vote of the board of aldermen, with
the approval of the mayor, at or prior to making such
division ; but the number of wards shall never be less than
seven.

TITLE 2. ELECTIONS AND MEETINGS.

Section 4. All meetings of the qualified voters of said Meetingaof

O . 1 , ^ qualined

City for the purpose of voting at elections and for other voters.
municipal or legal purposes shall be called by order of the
board of aldermen, and, so far as applicable, in the man-
ner provided for calling elections in cities by chapter four
hundred and seventeen of the acts of the year eighteen
hundred and ninety-three and acts in amendment thereof
and in addition thereto.

Section 5. The municipal election shall take place Municipal
annually on the second Tuesday of December, and the municipai'year.
municipal year shall begin at ten o'clock in the morning
on the first Monday of January next following, and con-
tinue until ten o'clock in the morning on the first Monday
of January next following.

Section 6. At such municipal election the qualified [^^be^yiectedT
voters shall give in their votes by ballot for mayor, city baiiot.
clerk, city treasurer, members of the board of aldermen
and of the school committee, or of such of them as are to
be elected, and the person receiving the highest number of
votes for any office shall be deemed and declared to be
elected to such office, and whenever two or more persons
are to be elected to the same office the several persons, up
to the number required to be chosen, receiving the highest

396

Acts,. 1896. — Chap. 438.

Vacancy, etc.

Meetings for
election of
national, state,
etc., officers.

General meet-
ings of qualified
voters.

number of votes shall be deemed and declared to be
elected. If it shall appear that there is no choice of a
mayor, or if the person elected mayor shall refuse to
accept the office, or shall die before qualifying, or if a
vacancy in said office shall occur more than three months
previous to the expiration of the municipal year, the
board of aldermen shall forthwith call meetings for a new
election, and the same proceedings shall be had in all re-
spects as hereinbefore provided for the election of a mayor,
and shall be repeated until the election of a mayor is com-
pleted. If the full number of members of the board of
aldermen has not been elected, or if a vacancy in the office
of alderman shall occur more than six months previous to
the expiration of the municipal year, the board of aldermen
may forthwith elect some person or persons to lill the
vacancy or vacancies until the next municipal election. In
case a vacancy in the office of mayor shall occur within
the three months previous to the expiration of the munic-
ipal year the board of aldermen may in its discretion call
meetings for the holding of a new election as aforesaid to
fill the vacancy. In case of a vacancy in the office of city
clerk or city treasurer the l)oard of aldermen shall elect a
city clerk or city treasurer to fill such vacancy until the
next municipal year ; and in case of any disability in the
city clerk or in the city treasurer to perform the duties re-
quired by this act or by law the board of aldermen shall
elect a city clerk or city treasurer pro tempore. In each
of such cases the city clerk or city treasurer shall be sworn
and shall perform such duties.

Section 7. All meetings for the election of national,
state, county and district officers shall be called by order
of the board of aldermen, in the same manner as meetings
for municipal elections are called.

Section 8. General meetings of the citizens qualified
to vote may from time to time be held, according to the
right secured by the constitution of the Commonwealth,
and all such meetings may, and upon the request in writing
of fifty qualified voters, setting forth the purposes thereof,
shall be duly called by the board of aldermen.

TITLE 3. LEGISLATIVE DEPARTMENT.

mTJXflth!"' Section 9. The board of aldermen shall be composed

terms of office, of foui'tcen mcml^crs at larg'e and one member from each

ward of the city, who shall be elected as follows: — At

Acts, 1896. — Chap. 438. 397

the first municipal election held under this act said fourteen Board of aider-
memljers at large of the board of aldermen shall be elected term'/oroffice,
by the qualified voters of the entire city, seven to serve ^'"'
for the term of two years and seven to serve for the term
of one year beginning with the first Monday in January
then next ensuing, and thereafter seven members at large
of said board of aldermen shall be elected in like manner
at each annual municipal election, to serve for the term
of two years beginning with the first Monday in January
next ensuing. At said first municipal election one mem-
ber of the board of aldermen from each ward shall be
elected by and from the voters of each ward, to serve for
the term of one year beginning with the first Monday in
January next ensuing, and thereafter one member of the
board of aldermen from each ward shall be elected by and
from the voters of each ward at each annual municipal
election, to serve for the term of one year beginning with
the first Monday in January next ensuing. At said first
municipal election no voter shall vote for more than five
of the candidates for members at large of the board of
aldermen to be elected for each term, that is to say, not
more than ten of said candidates for members at larffc
in the aggregate on one ballot, and the seven candidates
for members at large of said board having the highest
number of votes for each term shall be declared elected.
At all municipal elections subsequent to the said first
nmnicipal election no voter shall vote for more than five
of the candidates for members at large of the board of
aldermen to be elected at an annual municipal election on
one ballot, and the seven candidates for members at large
of the board having the highest number of votes shall be
declared elected. The members at large of the board of
aldermen shall hold office for two years, except as herein
otherwise provided, and the members of the board of
aldermen from the wards shall hold office for one year
beginning with the first Monday in January next succeed-
ing their election and until their successors shall be elected
and qualified. In case it should become necessary to fill
at an election a vacancy or vacancies in the board of alder-
men a voter may vote for the alderman necessary to fill
such vacancy or vacancies, in addition to the number to
be voted for as above-provided.

Section 10. The mayor elect and the aldermen elect oath of office
shall, on the first Monday in January, at ten o'clock in the mcui

of mayor and
rmen.

398

Acts, 1896. — Chap. 438.

Oatb.of office
of mayor and
aldermen.

Oreanization
of board of
alderinuD, etc.

Special meet-
ings of board
of aldermen.

forenoon, meet and be sworn to the faithful discharge of
their duties. The oath shall be administered by the city
clerk, or in his absence by any justice of the peace, and
a certificate that such oath has been taken shall be entered
in the journal of the board of aldermen. In case of the
absence of the mayor elect on the first Monday in January,
or if a mayor shall not then have been elected, the oath of
ofiice may at any time thereafter be administered to him,
and at any time thereafter in like manner the oath of ofiice
may be administered to any member of the board of alder-
men who has been previously absent or who has been sub-
sequently elected, and a certificate of every such oath shall
be entered in the journal aforesaid.

Section 11. After the oath has been administered to
the aldermen present they shall be called to order by the
city clerk, or in case of the absence of the city clerk by the
oldest senior member present. The board of aldermen
shall then proceed to elect by ballot one of their own num-
ber president of the board. If no quorum is present an
adjournment shall be taken to a later hour or to the next
day, and thereafter the same proceedings shall be had from
day to day until a quorum shall be present. If any per-
son receives the votes of a majority of all the members of
the board such person shall be declared chosen president
thereof. If on the first day on which a quorum is present
no person receives the votes of such majority they shall
proceed to ballot until some person receives the votes of
such majority or an adjournment to the succeeding day is
taken. And on such succeeding day the plurality of those
voting shall be suflScient for an election. No other busi-
ness shall be in order until a president is chosen. The
president shall be sworn by the city clerk, or in case of
the absence of such clerk by any justice of the peace.
The president may be removed from the presidency of the
board of aldermen by the afiirmative vote of two thirds
of all the members thereof, taken by roll call. The presi-
dent of the board shall have the same right to vote as any
other member thereof.

Section 12. The mayor may at any time call a special
meeting of the board of aldermen by causing written noti-
fications thereof, together with a statement of the subjects
to be considered thereat, to be deposited in the post office,
postpaid and addressed to the persons to be notified, or
left at the usual place of residence of each member of the

Acts, 1896. — Chap. 438. 399

board, at least twenty-four hours before the time appointed
for such meeting.

Section 13. The board of aldermen shall determine to determine
the rules of its own proceedings and shall be judge of the proTeedin^s,
election and qualifications of its own members. In case erectk.ronts
of the absence of the president the board shall choose a members, etc.
president pro tempore, and a plurality of the votes cast
shall be sufficient for a choice. The board shall sit with
open doors, whether in session as a board of aldermen or
as a committee of the whole, and shall cause a journal of
its proceedings to be kept, which journal shall be open to
public inspection. The vote of the board upon any ques-
tion shall be taken by roll call when the same is requested
by at least three members. A majority of the members Quorum, etc.
of the board shall be required to constitute a quorum, but
a smaller number may adjourn from day to day. The
board shall, so far as is not inconsistent with this act, have
and exercise all the legislative powers of towns and of the
inhabitants thereof, and shall have and exercise all the
powers now vested by law in the city of Holyoke and in
the inhabitants thereof, as a municipal corporation, and be
subject to all the liabilities of city councils, and of either
branch thereof, under the general laws o€ the Common-
wealth, and it may by ordinance prescribe the manner in
which such powers shall be exercised. Its members shall
receive no compensation for their services as members of
the board of aldei"men or of any committee thereof.

Section 14. Neither the board of aldermen nor any Not to t«ke part
member or committee thereof shall directly or indirectly ona™or?maki'ng
take part in the employment of labor, the making of oioonir^ct,,etc.
contracts, the purchasing of materials or supplies, the
construction, alteration or repairs of any public works,
buildings or other property, or the care, custody or man-
agement of the same ; or in the conduct of any of the
executive or administrative business of the city, or in the
expenditure of public money, except as herein otherwise
provided and except such as may be necessary for the
contingent and incidental expenses of the board of alder-
men ; nor in the appointment or removal of any officers
except as is herein otherwise provided. But nothing in Aid to disabled
this section contained shall affect the powers or duties of BaUo'rsTetef
the board in relation to city aid to disabled soldiers
and sailors and to the families of those killed in the
civil war.

400

Acts, 1896. — Chap. 438.

Board of alder-
men to elect
certain officers
by ballots, etc.

Removals, etc.

Proviso.

Appropriations,

expenditures,

etc.

Section 15. The board of aldermen shall annually
in the month of January elect by ballot a city auditor,
a city physician, and a city messenger, each of whom
shall hold his office for the term of one year beginning
with the first Monday in February in the year of his
election and until his successor is elected and qualified,
unless sooner removed. Said board of aldermen shall
also in the month of January in the year eighteen hun-
dred and ninety-seven, and in the month of January in
every third year thereafter, elect by ballot a collector
of taxes, and a city almoner, each of whom shall hold
his office for the term of three years beginning with the
first Monday in February in the year of his election and
until his successor is elected and qualified, unless sooner
removed. Said board of aldermen shall also annually
in the month of January elect by ballot one assessor of
taxes, one water commissioner, and one overseer of tbe
poor, each of whom shall hold his office for the term of
three years beginning with the first Monday in February
in the year of his election and until his successor is elected
and qualified, unless sooner removed. Any of said officers
may be removed at any time by the board of aldermen for
sufficient cause. The present city physician, assessors of
taxes, water commissioners, and overseers of the poor shall
continue to hold their respective offices, unless sooner re-
moved, for the term of two years from the first Monday in
February in the year following their election : jwovided^
however, that the water commissioner elected in the ^''ear
eighteen hundred and ninety-six to fill a vacancy shall
continue to hold his office, unless sooner removed, until
the first Monday in February in the year eighteen hun-
dred and ninety-seven. Vacancies in city offices, where
no other provision is made for filling the same, shall be
filled by the election or appointment of a successor in the
same manner as the previous incumbent was elected or
appointed, and the person elected or appointed to fill the
vacancy shall hold his office for the remainder of the term
during which his predecessor would have been entitled to
hold the same.

Section 16. The board of aldermen shall appropriate
annually, in the month of March or in the month of April,
the amount necessary to meet the expenditures of the city
for the current municipal year. It shall take care that no
money is paid from the treasury unless granted and appro-

Acts, 1896. — Chap. 438. 401

priated, and shall secure a just and proper accountability
by requiring bonds with sufficient penalties and sureties
from all persons intrusted with the receipt, custody or
disbursement of money. It shall, as often as once in Account of
each year, ten days at least prior to the annual election, ITpeudiuux-n
cause to be published for the use of the inhabitants a com- ^o^i-ei^'i^'i^hed.
plete account of the receipts and expenditures of said city,
and a schedule of all the city property and of the city
debt.

Section 17. The board of aldermen shall have the city ordinances,
power within said city to make and establish ordinances ^^'^^ "'^^'
and to affix thereto penalties for the violation thereof, as
herein or by general law provided, without the sanction
of any court or justice thereof.

Section 18. The board of aldermen shall not author- Location and
ize the erection of a schoolhouse, or of any addition ho''u"erto be""'
thereto, nor pass any appropriation for such purposes, ecKcom-^
until the location and plans of the same have been ap- "^'"ee.
proved by vote of the school committee, and such approval
has been certified in writing to the board of aldermen by
the secretary of said committee.

Section 19. The board of aldermen shall establish a F'redcpart-
fire department for said city, to consist of three fire com-
missioners, a chief, and of such officers and members,
including a superintendent of the fire alarm telegraph
system, as the board of aldermen shall from time to time
prescribe. And said fire commissioners shall have author-
ity to define the rank and duties of said officers and mem-
bers, and in general to make such regulations concerning
the conduct and government of such department, the
management of fires and the conduct of persons attending
fires, as they may deem expedient, and may fix such
penalties for any violation of such regulations, or any of
them, as are provided for breach of the ordinances of said
city. The mayor, exclusively, shall appoint three persons
to ])e fire commissioners ; one of said persons to be ap-
pointed in the month of January in each year, to hold
office for the term of three years from the first Monday
of January in the year of his appointment. The present
fire commissioners shall continue to hold office, unless
sooner removed, for two years from the first Monday of
January next after their appointment. The appointment
of all the officers and members of the fire department,
including a superintendent of the fire alarm telegraph

402

Acts, 1896. — Chap. 438.

Fire limits may
be eBtablished,
etc.

Police depart-
ment.

Repeal.

Streets, high-
ways, etc.

system, who shall also be inspector of wires, shall he
vested in the fire commissioners exclusively.

Section 20. The board of aldermen shall have power
to establish fire limits in the city, and from time to time
change or enlarge the same, and by ordinance they may regu-
late the construction of all buildings erected within said fire
limits, stipulating their location and size and the material
of which they shall be constructed, and may make such other
rules and regulations as shall tend to prevent damage by
fire, provided that such rules and regulations shall not be
inconsistent with the law a of this Commonwealth.

Section 21. The board of aldermen shall establish by
ordinance a police department, consisting of a city marshal
and of such subordinate oflicers and other members of the
police force as it may prescribe, and may make regulations
for the government of said department. The power of
appointment of said city marshal, subordinate officers
and members of the police force shall be vested in the
ma^'or exclusively, and he shall have power to remove
the members of the regular police force, after a due hear-
ing, for such cause as he shall deem sufficient and shall
express in the order of removal, and said order of removal
shall be filed in the office of the city clerk for the inspec-
tion of the public. All the members of the present reg-
ular police force, except the chief of police or marshal,
and such members as may hereafter be appointed, except
the city marshal, shall hold office during good behavior,
and be sul)ject to removal in the manner above-provided.
The mayor shall have the power to remove the city mar-
shal at any time. So much of chapter three hundred and
eighty-six of the acts of the year eighteen hundred and
eighty-eight as is inconsistent herewith is hereby repealed.

Section 22. The board of aldermen shall, with the
approval of the mayor, have exclusive authority and
power to order the laying out, locating anew or discon-
tinuing of all streets and ways and highways within the
limits of the city, and to assess the damage sustained by
any person thereby, and further, except as herein other-
wise provided, to act in all matters relating to such laying
out, locating anew, altering or discontinuing. Any person
aggrieved by the assessment of his damages, or other action
of the board of aldermen under this section, shall have
all the rights and privileges now allowed by law in such
cases in appeals from decisions of the selectmen of towns.

Acts, 1896. — Chap. 438. 403

Any ordinance, order, resolution or vote involving: the ap- Majority vote

*' . , . -,.. c J 1 1 • 1 of all members

propriation or expenditure oi money to an amount which required for the
may exceed two hundred dollars, shall require for its pas- tTmoMinan'ces,
sage the affirmative votes of a majority of all the members ^'"^
of the board of aldermen. Every such ordinance, order,
resolution or vote shall be read twice, with an interval of
at least three days between the two readings, before being
finally passed ; and the vote at its final passage shall be
taken by roll call : provided, hotvever, that u[)ou and after Proviso.
the written recommendation of the mayor the board of
aldermen may pass such ordinance, order, resolution or
vote on the same day by a two thirds yea and nay vote.

Section 23. No member of the board of aldermen Members of
shall, during the term for which he is elected, hold any mTnnottoh'oTd
other office in or under the city government, have the e^f "" "''^ "^''^'
expenditure of any money appropriated by the board of
aldermen, or act as counsel in any matter before the board
of aldermen or any committee thereof; and no person
shall be eligible for appointment to any municipal office
established by the board of aldermen during any municipal
year within which he was an alderman, until the expiration
of the succeeding municipal year.

Section 24. Every ordinance, order, resolution or certain ordt-
vote of the board of aldermen, except such as relates to to app^ovafby
its own internal affairs, to its own officers or employees, '^''™^y°''-
shall be presented to the mayor. If he approve thereof
he shall signify his approval by signing the same, but if
not he shall return the same with his objections to the
board of aldermen, who shall enter the objections of the
mayor, at length, upon its records, and proceed to recon-
sider said ordinance, order, resolution or vote, and if after
such reconsideration two thirds of the board of aldermen,
notwithstanding such objections, vote to pass the same, it
shall be in force. In all cases the vote shall be taken by
yeas and nays. If such ordinance, order, resolution or
vote shall not be returned within ten days after it shall
have been presented to the mayor the same shall be in
force. He may except from his approval of any ordinance,
order, resolution or vote of which he has the poAver of
veto any portion involving a distinct item of expenditure ;
and in such case instead of returning the original he shall
transmit a copy of such portion not approved, which por-
tion shall be reconsidered in the manner and with the
effect above-provided. The veto power of the mayor
shall not extend to elections.

404

Acts, 1896. — Chap. 438.

Executive pow-
ers vested in
mayor, etc.

Term of office.

Appointment
and removal
of municipal
officers.

By whom dutiei
may be per-
formed in case
of disability of
mayor.

TITLE 4. EXECUTIVE DEPARTMENT.

Section 25. The executive powers of the city shall
be vested solely in the mayor, and may be exercised by
him either personally or through the several officers or
boards of the city in their departments, under his general
supervision and control. In case of any vacancy in any
office to which appointment is made by the mayor he may
personally perform the duties thereof, but he shall not be
entitled to receive any salary or pay attached thereto.
The mayor shall hold office for the municipal year begin-
ning with the first Monday in January next following his
election and until his successor is elected and qualified.

Section 26. The mayor shall have the sole power of
appointment to all the municipal offices established by or
under this act, unless herein otherwise provided, and he
may, except as herein otherwise provided, remove from
office by written order any officer so appointed hereunder
for any cause which he shall in his official discretion deem
sufficient, which cause he shall assign in his order of re-
moval. Such office shall become and be vacant upon the
filing with the city clerk of such order of removal and
the serving of a copy thereof upon the officer so removed,
either personally or by leaving the same at his last or
usual place of residence. The clerk shall keep such order
of removal on file, where it shall be open to public inspec-
tion. Upon the petition of any person whose removal
from office has been ordered by the mayor, addressed to
any justice of the superior court, the action of the mayor
in removing such person may be reviewed by such justice,
who may affirm the order of the mayor or may reverse
the same and order the petitioner reinstated in his office.

Section 27. Whenever by reason of sickness or other
cause the mayor shall be disabled from performing the
duties of his office he may designate by a writing filed in
the office of the city clerk, either the city clerk, or the
city treasurer, to act as mayor, or in case of the failure of
the mayor to make such designation the above-mentioned
officers in the order above-named then performing the
duties of their office shall act as mayor. Such officer shall
during the continuance of such disability have all the
rights and powers of mayor, except that he shall not
when so acting have the power of removal, unless thereto
in any instance authorized by vote of the board of alder-

Acts, 1896. — Chap. 438. 405

men, nor any power of appointment, unless such disability
of the mayor has continued for a period of thirty days,
and then subject to the approval of the board of aldermen,
nor power to approve or disapprove any ordinance, order,
resolution or vote until within twenty-four hours of the
time when it would take effect without the approval of
the mayor. In case of such disability of the mayor con-
tinuing for a period exceeding sixty days the board of
aldermen may at any time after the expiration of that
period declare a vacancy to exist in the office of mayor.

Section 28. Whenever there shall be a vacancy in the PreBidentof
office of mayor the president of the board of aldermen mTnto°actir"
shall act as mayor, and possess all the rights and powers I'd offl'cVor'"'^
of mayor during such vacancy, except that when so acting ™ayor.
as mayor he shall not have the power of appointment or
removal unless thereto in any instance authorized by vote
of the board of aldermen.

TITLE 5. SCHOOL DEPAKTiMENT.

Section 29. The management and control of the pub- schooi commit.
lie schools of said city shall be vested in a school com- terms, etc.
mittee, consisting of nine persons, two of whom shall be
chosen from the city at large and one by and from the
voters of each ward. At the annual municipal election
held in the year eighteen hundred and ninety-six there
shall be elected one member of the school committee from
each of the following wards, namely : — Wards two, four
and six, to serve for the term of three years beginning
with the lirst Monday in January next ensuing ; at the
annual municipal election held in the year eighteen hun-
dred and ninety-seven there shall be elected one member
of the school committee from the city at large and one
member of the school committee from each of the follow-
ing wards, namely : — Wards one and three ; and at the
annual municipal election held in the year eighteen hun-
dred and ninety-eight there shall be elected one member
of the school committee at large and one from each of the
following wards, namely: — Wards five and seven; and
at each annual municipal election thereafter there shall be
elected three members of the school committee who shall
hold their offices for the term of three years beginning
with the first Monday in January next succeeding such
election, as successors of those whose terms of office
expire on said first Monday in January. Each of the

406

Acts, 1896. — Chap. 438.

Vacancies on
school commit-
tee.

Organization.

Mayor may be
present at ses-
sions, etc.

Quorum.

Superintendent
of schools,
election, etc.

Powers and
duties of school
committee, etc.

present members of the school committee shall continue
to hold his office for the term of three years beginning
with the first Monday in January next after his election.

Section 30. In case of a vacancy in or non-election
to the ofiice of a member of the school committee the
mayor shall call a joint convention of the board of alder-
men and of the school committee, and such vacancy shall,
by vote of a majority of all members of the two bodies,
be filled by the election of a member according as the
vacancy or non-election exists, to serve until the end of
the municipal year in which the order calling the next
annual municipal election shall be passed ; at such election
the further vacancy, if any, shall be filled for the remainder
of the unexpired term, in the same manner as the member
whose office is vacant was elected. The school committee
shall meet on the first Tuesday in January in each munici-
pal year and shall at such meeting, or as soon thereafter
as may be, choose by ballot a chairman from among its
members, and the votes of a majority of all the members
of the school committee shall be required in order to
elect. The mayor may be present at all sessions of the
school committee, and when present he may participate in
the discussions and may preside, but shall have no right
to vote. The committee shall be the judge of the election
and qualification of its members and shall determine the
rules of its proceedings. A majority of the whole number
provided to be elected shall constitute a quorum for the
transaction of business, but a smaller number may adjourn
from time to time.

Section 31. The school committee may elect a super-
intendent of schools, who shall also be its secretarj^, and
may appoint such subordinate ofiicers and assistants as it
may deem necessary for the proper discharge of its duties
and the conduct of its business, shall define their terms of
service and fix their compensation, and may remove and
discharge them at pleasure.

Section 32. The school committee shall exercise the
powers and discharge the duties imposed by law upon
school committees. All orders, resolutions or votes of
the school committee, except those fixing salaries, which
involve the expenditure of money, shall be presented to
the mayor for his approval, and thereupon the same pro-
ceedings shall be had by the mayor and school committee
as are provided in section twenty-four of this act to be

Acts, 1896. — Chap. 438. 407

had by the mayor and board of aldermen ; but nothing in
this act contained shall affect the powers and duties of the
committee in relation to votes cast at elections. The To submit an

.1 .,, iii'ii j.i^T • 1 annual CBtiniate

school committee shall in the month ot January in each ofexpeuBes.
year submit to the mayor an estimate in detail of the
amount deemed by it necessary to expend for its purposes
during the current financial year, and the mayor shall
transmit the same with the estimates of the departments
to the board of aldermen, and shall recommend such ap-
propriation as he shall deem necessary.

Section 33. The school committee shall be the original ^fneltsifP
iudffes of the expediency and necessity of having^ addi- of additional

~ ^ accoxuniociii-

tional or improved accommodations for any public school tions, etc
within the limits of the city ; and whenever in their opinion
a schoolhouse is required or material alterations are needed
they shall send a communication to the board of aldermen,
stating the locality and the nature of the further provisions
for schools which are needed.

TITLE 6. ADMINISTRATIVE OFFICERS.

Section 34. There shall be the following administra- Administrative
tive officers, who shall be appointed by the mayor and who pointment^*
shall perform the duties by law and hereinafter prescribed ^c!"^' '^""^^'
for them respectively, and such further duties, not incon-
sistent with the nature of the respective offices, as the
board of aldermen may from time to time prescribe.
I. — A board of public works, consisting of three persons.
II. — Three fire commissioners. III. — A city solicitor.
rV. — A city marshal. V. — A board of health, consist-
ing of three persons, one of whom shall be a doctor of
medicine. VI. — A city engineer, who shall be clerk of
the board of public works and shall keep the accounts
of all departments under the management and control of
said board. VII. — An inspector of public buildings.
The three persons who shall constitute the board of public
works shall be appointed in the month of January in the
year eighteen hundred and ninety-seven, one for three
years, one for two years, and one for one year, beginning
with the first Monday in January in said year, unless
sooner removed, and until their successors are appointed
and qualified ; and thereafter annually in the month of
January the mayor shall appoint one person to be a mem-
^ber of the board of public works, who shall hold his office
for the term of three years beginning with the first Mon-

408

Acts, 1896. — Chap. 438.

pointmeut,
terms, dutieB,
etc.

^ffi^rfl?-"^'' day in February in the year of his appointment, unless
sooner removed, and until his successor is appointed and
qualified. The board of public works shall appoint a
superintendent of outdoor work, who shall hold no other
office, and he shall not be a member of said board ; he
shall hold his office for one year unless sooner removed by
said board, and until his successor is appointed and quali-
fied. Each of the present members of the board of health
shall continue to hold his office for the term of two years
from the first Monday in February in the year of his ap-
pointment, unless sooner removed, and until his successor
is appointed and qualified. In the mouth of January in
the year eighteen hundred and ninety-seven the mayor
shall appoint one person to be a member of the board of
health, who shall hold his office for the term of three years
beginning with the first Monday in February in the year
of such appointment, unless sooner removed, and until his
successor is appointed and qualified, and thereafter an-
nually in the month of January the mayor shall appoint,
subject to the provision respecting a doctor of medicine, a
meml)er of the board of health, who shall hold his office
for the term of three years beginning with the first Monday
in February in the year of such appointment, unless sooner
removed, and until his successor is appointed and quali-
fied. The city engineer elected in the year eighteen hun-
dred and ninety-six shall continue to hold his office for the
term of three years beginning with the first Tuesday in
February in the year eighteen hundred and ninety-six,
unless sooner removed, and until his successor is appointed
and qualified. In the month of January in the year eight-
een hundred and ninety-nine the mayor shall appoint a
city engineer, who shall hold his office for the term of
three years beginning with the first Tuesday of February
in the year of such appointment, unless sooner removed,
and until his successor is appointed and qualified, and
thereafter the mayor shall appoint, every third year, in the
month of January, a city engineer, who shall hold his
office for the term of three years beginning with the first
Tuesday of February in the year of such appointment, un-
less sooner removed, and until his successor is appointed
and qualified. The city solicitor and city marshal shall
be appointed by the mayor annually in the month of Jan-
uary, and each shall hold his office for the term of one
year beginning with the first Monday of January in the

Acts, 1896. — Chap. 438. 409

year of his appointment, unless sooner removed, and until
his successor is appointed and qualified. They shall be oath of office,
sworn or affirmed to the faithful discharge of the duties of
their respective offices, and the oath or affirmation, or a cer-
tified copy thereof, shall ])e filed in the office of the city
clerk. The inspector of public buildings shall be ap-
pointed by the mayor in the month of January in the
year eighteen hundred and ninety-seven, and in the month
of January in every third year thereafter, and shall hold
his office for the term of three years beginning with the
first Monday in February in the year of his appointment,
unless sooner removed, and until his successor is ap-
pointed and qualified.

TITLE 7. POWERS AND DUTIES OF OFFICERS.

Section 35. The city clerk shall have charge of all 2Ltet.
journals, records, papers and documents of the city, and
do such other acts in his said capacity as the board of
aldermen may require of him. He shall be the clerk of
the board and shall keep a journal of all votes and pro-
ceedings. He shall engross all the ordinances passed by
the board of aldermen in a book provided for that purpose,
and shall add proper indexes ; which book shall be deemed
a public record of such ordinances. He shall perform such
other duties as are required by law or shall be prescribed
by the board of aldermen.

Section 36. The city auditor shall keep a set of books city auditor,
showing the expenditures of the various departments of " ""*' ^ "'
the city and showing the receipts credited to such depart-
ments. He shall examine all pay rolls, bills or demands
rendered against the city, and all orders or votes of the
board of aldermen for the payment of money, and shall see
that they have been incurred with due authority, that they
are properly approved by some person authorized thereto,
and that the clerical computations are correct. He shall
see that vouchers are prepared in proper form and that the
same are duly recorded and distributed to their proper
account. If he approves of a pay roll, bill or demand he
shall endorse it with his certificate of approval, and shall
cause an abstract of the same to be entered on a book kept
for that purpose, and shall pass it to the treasurer for pay-
ment. He shall perform such other duties as from time to
time shall be assigned him by the board of aldermen. In Auditor pro
case of the disability or absence of the auditor the presi- '""'""'^'

410

Acts, 1896. — Chap. 438.

Board of
public workB,
powers, duties,
etc.

City treasurer,
powers and
duties.

City solicitor,
powers and
duties.

dent of the board of aldermen shall appoint an auditor pro
tempore, who shall be duly qualified.

Section 37. The board of public works shall have
cognizance, direction and control : (a) Of the construction,
location, repair, care and lighting of streets, ways and
sidewalks ; (b) of the construction, alteration, repair and
care of public buildings ; (c) of the construction, altera-
tion, repair and care of main drains or common sewers ;
(d) of the construction, alteration, repair, care and main-
tenance of public bridges; (e) of the care, superintend-
ence and management of the public grounds, except public
parks, belonging to said city, and of the shade and orna-
mental trees growing therein. The said board may require
that no person or corporation authorized by the board of
aldermen to dig up any public street or sidewalk in said
city shall begin such digging before furnishing to such
board of public works security satisfactory to them to
restore such streets or sidewalks to their former condition.
The said board of public works, except as herein otherwise
provided, shall have exclusively the powers and be subject
to the liabilities and penalties imposed by law upon road
commissioners of towns.

Section 38. The city treasurer shall collect and re-
ceive all assessments for sewers and drains, and all other
assessments that may be duly levied. He shall collect all
moneys due the city, except taxes, water charges or water
rents, and shall receive, have the custody of and pay out
all moneys upon the certificate or written order of the
mayor and the auditor, and shall cause an accurate account
of the same to be kept in proper bookkeeping form, or in
such form as the board of aldermen may prescribe. He
shall, once in six months, or oftenerif required, lay before
the board of aldermen a detailed statement of the condition
of the treasury and of all moneys received and paid by
him on city accounts during the preceding six months,
and in every such statement the different sources of the city
revenues, and the amounts received from each, the several
appropriations made, the objects for which they were made
and the amount of moneys expended under each, the money
borrowed on the credit of the city, the authority under
which each loan was made and the terms on which the same
was obtained shall be clearly and particularly specified.

Section 39. The city solicitor shall perform all legal
services in which the city is interested and attend to all

Acts, 1896. — Chap. 438. 411

proceedings at law or in equity to which the city is a party,
and to all claims made to the board of aldermen. For
these purposes he shall have sole charge of all such matters
and proceedings. He shall give in writing his legal opin-
ion upon any of the municipal affairs of the city, upon the
request of the mayor or board of aldermen, and in addi-
tion shall give his opinion upon the law relating to mu-
nicipal affairs in any department, upon request made by
the head of such department.

Section 40. The city engineer shall give his whole cuy engineer,
time to the city and shall have sole charge and control of duties* ""'^
and shall attend to all the engineering work of the city.
He shall, at the request of the board of public works, pre-
pare plans and estimates of any proposed alterations in,
or construction of, main drains or common sewers, and
conduits, streets, sidewalks and other public works, except
the water works, and he shall, at the request of the board
of water commissioners, perform all such services respect-
ing the water works of the city as are proper for a civil
engineer to perform. He shall assist the city solicitor as
far as possible in defending the city against suits and
claims brought against it for damages sustained by reason
of any defect or want of repairs in any public way, or for
any cause whatever. He shall perform such other duties
as the board of aldermen may prescribe, not inconsistent
herewith.

Section 41. The city almoner shall keep a record of po^^e*l'°anT'^*
the settlements of all paupers or persons who are or who duties.
may become a city charge, and shall, under the direction
of and by the authority of the overseers of the poor, re-
lieve the wants of such paupers outside the almshouse as
may be necessary and proper. He shall, as aforesaid, see
that paupers who are chargeable to other cities and towns
are maintained by such cities and towns at their own ex-
pense, and that the city shall be reimbursed for outlays
made for the paupers chargeable to the Commonwealth or
other cities or towns. He shall, under the direction of
the overseers of the poor, report all cases needing legal
attention to the city solicitor, and shall furnish him with
all the information possible in controversies arising over
pauper settlements or otherwise. He shall perform such
other duties as the overseers of the poor or the board
of aldermen by ordinance may from time to time pre-
scribe.

412 Acts, 1896. — Chap. 438.

d"'offlce°8^^' Section 42. All city officers not hereinbefore men-
tioned shall perform such duties as are or may be from
time to time prescribed by law, and such other duties not
inconsistent herewith or with the general laws as the board
of aldermen may from time to time prescribe.

om^ewmay"'^ Section 43. The administrative officers and boards

mo''v°e'derkB''etc. abovc-uamed in this title, and all administrative officers
and boards hereafter established by the board of aldermen,
not coming within the department of any officer or board
so above-named, shall have the power, except as herein
otherwise provided, to appoint or employ or remove or
discharge all officers, clerks and employees in their respec-
tive departments. Such appointments shall not be for any
specified term, but shall hold good until removal or dis-
charge. Orders of removal shall state the reason therefor
and shall be entered upon the records of the officer or
board making the same, and removals shall take effect
upon the filing of a co})y of such order with the city clerk
in a book provided for that purpose and open to public

Mayma^enec- jnspection. Tlic abovc-uamed administrative officers and

eesarycontructB, -, ^ ,-.,,■, . .-,

etc. boards shall, in their res})ective departments, make all

necessary contracts for work and for the furnishing of
materials and supplies in the city, and for the construction,
alteration, repair and care of public works, institutions,
buildings and other property, except the water works,
which shall continue to be under the management, direc-
tion and control of the water commissioners, and shall
have, subject to the mayor, the direction and control of
all the executive and administrative business of the city.
They shall at all times be accountable to the mayor as the
chief executive officer, for the discharge of their duties.
'«°o^d*of'*omciai Section 44. Every board and every officer above-
traueactiouB. named of the board shall keep a record of all official trans-
actions, and such record shall be open to public inspection.

TITLE 8. GENERAL PROVISIONS.

noTetigi^bL"""' Section 45. No person shall be eligible to any of the
offices of the city government, except superintendent of
schools, unless he is a citizen and has been a resident of
the city for at least two years.
^ome^vacant' Section 46. Any office established under or by this

conuitio'u"?'" ^^^^ except the office of superintendent of schools, shall
become vacant if the incumbent ceases to be a resident of

Acts, 1896. — Chap. 438. 413

the city. The conviction of the incumbent of any such
office of a crime punishable by imprisonment shall operate
to create a vacancy in the office held by him.

Section 47. The administrative officers and boards Estimates of
above-named shall annually on or before the first Monday ^^p®"»««' «'c.
of January furnish to the mayor an itemized and detailed
estimate of the moneys required for tiieir respective de-
partments or offices during the ensuing financial year.
The mayor, president of the board of aldermen and chair-
man of the board of assessors shall examine such estimates
and shall submit the same to the board of aldermen on or
before the first day of March, with their itemized and
detailed apportionment ; and said board of aldermen shall
thereafter on or before the first day of May next following
fix by order or otherwise the appropriations for the several
departments and offices to be expended during the current
municipal year.

Section 48. Every officer of the city shall at the officers to give
request of the board of aldermen give it such information tTon^upou^re-"'''
in writing as it may require in relation to any matter, act ^"est.etc.
or thing connected with his office or employment or with
the discharge of the duties thereof.

Section 49. No sum appropriated for a specific pur- Appropriatious,

1111 ii^ii 1 expendilures,

pose shall be expended tor any other purpose, and no etc. •

expenditure shall be made nor liabilities incurred by or in

behalf of the city until an appropriation has been duly

voted by the board of aldermen, sufficient to meet such

expenditure or liability, together with all prior unpaid

liabilities which are payable out of such appropriation,

except in accordance with the recommendation of the

mayor to the board of aldermen, a})proved by the yea

and nay vote of two thirds of the l)oard : provided^ how- rrovieo.

ever, that after the expiration of the financial year and

until the passage of the annual appropriations liabilities

payable out of a regular approi)riation to be contained

therein may be incurred to an amount not exceeding one

third of the total of such appropriation for the preceding

year. Every bill, pay roll or other voucher covering an

expenditure of money shall be approved by the signatures

on the back of such bill or voucher of the majority of the

board or committee having control of or incurring such

expenditure, and after such approval such bills, pay rolls or

vouchers shall be turned over to the auditor. The financial financial year.

year shall begin with the first day of December in each year.

414

Acts, 1896. — Chap. 438.

Civil service.

Proposals for
supplies, etc.

Certain con-
tracts to he
approved by
mayor, etc.

Loans, bonds,
notes, etc.

Section 50. Nothing herein contained shall affect the
enforcement of the provisions of chapter three hundred
and twenty of the acts of the year eighteen hundred and
ei-ghty-four, being ' ' An Act to improve the civil service
of the Commonwealth and the cities thereof", and acts in
amendment thereof and in addition thereto, or of the rules
made by the commissioners appointed thereunder; and
the board of aldermen shall make sufficient and proper
appropriations for the carrying out and enforcement of
said acts and such rules in said city.

Section 51. Whenever mechanical or other work is
required to be done, or supplies are required for the city,
at a cost amounting to five hundred dollars or more, the
board or committee having the matter in charge shall in-
vite proposals therefor by advertisements in not more than
three newspapers published in said city, such advertise-
ments to state the time and place for opening the pro-
posals in answer to said advertisements, and reserving
the right to said board or committee to reject any or all
proposals. Every proposal for doing such work or mak-
ing such sale shall be accompanied by a suitable bond or
certified bank check for the faithful performance of such
proposal, and all such proposals shall be kept by the
officer or board inviting the same, and shall be open to
public inspection after said proposals have been accepted
or rejected.

Section 52. All contracts made by any department
of the city shall, when the amount involved is five hun-
dred dollars or more, be in writing, and no such contract
shall be deemed to have been made or executed until the
approval of the mayor is affixed thereto. All such con-
tracts shall be accompanied by a bond, with sureties
satisfactory to the board or committee having the matter
in charge, or by a deposit of money or other security for
the faithful performance of such contracts ; and such bonds
or other security shall be deposited with the city auditor
until the contract has been carried out in all respects ; and
no such contract shall be altered except by a written
agreement of the contractor, the sureties on his or their
bond, and the officer making the contract, with the ap-
proval of the mayor affixed thereto.

Section 53. No loan except such as may be incurred
in anticipation of taxes shall be made, except upon and
after the written recommendation of the mayor, made to

Acts, 1896. — Chap. 438. 415

the mayor and aldermen and passed by a two thirds yea
and nay vote. All bonds and notes issued by the city
shall be signed by the treasurer and countersigned by the
mayor, and any coupons attached thereto shall bear the
signature of the treasurer, either in the original or a
facsimile.

Section 54. All salaries of city officers or heads of officer^eu:?"^
departments shall, except as is herein otherwise provided,
be established by ordinance by the board of aldermen.

Section 55. Nothing contained herein shall be con- certain au-
strued to affect the authority, power, privileges, rights no° affected."
and obligations created and given by any special act of
the general court, and now vested in and exercised by the
city of Holyoke, unless specially mentioned in this act.

Section 56. All acts and parts of acts inconsistent Repeal.
with this act are hereby repealed : provided, however, that P'"°''»ob.
the repeal of the said acts shall not afl'ect any act done or
any right accruing or accrued or estaljlished, or any suit
or proceeding had or commenced in any civil case before
the time when such repeal shall take effect ; and that no
offence committed and no penalty or forfeiture incurred
under the acts hereby repealed, and before the time when
such repeal shall take eflect, shall be affected by the re-
peal ; and that no suit or prosecution pending at the time
of the said repeal, for any offence committed or for the
recovery of any penalty or forfeiture incurred under the
acts hereby repealed, shall be affected by such repeal ;
and jyrovided, also, that all persons who at the time when
the said repeal shall take effect shall hold office under the
said acts, shall continue to hold the same according to the
tenure thereof, and provided, also, that all the by-laws
and ordinances of the city of Holyoke which shall be in
force at the time when the said repeal shall take effect,
and which are not inconsistent with the provisions of this
act, shall continue in force until the same are repealed by
the board of aldermen, and all officers elected under such
by-laws and ordinances shall continue in office according
to the tenure thereof.

Section 57. No act which has been heretofore repealed certain acts

1111 '111 i/>i ^ revived.

shall be revived by the repeal of the acts mentioned in the
preceding section.

Section 58. This act shall l)e submitted to the quali- submission of

/• 1 J /. 1 ■ /. question or

lied voters oi the city of Holyoke for acceptance at a acceptance.
special election to be held within sixty days from its

Yes.

No.

416 Acts, 1896. — Chap. 439.

passage ; and the city clerk shall, not less than one week
before said election, transmit by mail or otherwise to
every registered voter in said city a copy of this act.
The vote shall be taken by ballot in answer to the follow-
ing question : — Shall an act passed by the gen-
eral court in the year eighteen hundred and
ninety-six entitled ' ' An Act to revise the Charter
of the city of Holyoke ", be accepted? In case this act
is not accepted l)y the voters of said city at its first sub-
mission under this section it shall be submitted a second
time to said voters at the annual state election in the year
eighteen hundred and ninety-six, and the vote shall be
taken by ballot in answer to the question above-stated.
^ect° *° '"^"^ Section 59. So much of this act as authorizes and
directs the submission of the question of its acceptance to
the qualified voters of said city shall take eflect upon its
passage ; so much hereof as relates to elections hereunder
shall apply to the annual municipal election to be held on
the second Tuesday of December in the year eighteen hun-
dred and ninety-six if the larger number of votes upon the
question of its acceptance is in the affirmative, and if so
accepted this act shall take full efi'ect on the first Monday
of January next ensuing. Approved May 27, 1896.

ChaP.4:3Q ^^ ■^'^^ RELATIVE TO THE PAYMENT BY THE COMMONWEALTH OK
THE EXPENSES AFPOKTIONED TO IT IN THE ABOLITION OF GKADK

CROSSINGS.

Be it enacted, etc. , as foUoivs :

1890, 428, § 10, Section 1. Section ten of chapter four hundred and
twenty-eight of the acts of the year eighteen hundred and
ninety is hereby amended by inserting after the word
"dollars", in the sixth line, the words: — provided, that
if in any year the expenditure by the Commonwealth under
the provisions of this act shall not amount to five hundred
thousand dollars the unexpended balance thereof shall ])e
added to the five hundred thousand dollars allowed to be
paid by the Commonwealth during any subsequent year, —
Amount to be SO as to read as follows: — Section 10. The amount to
coramonweaith be paid uudcr the provisions of this act by the Common-
g^radocroishigL wcaltli iu any one year (the year l)eginning with the pas-
sage of this act), shall not exceed five hundred thousand
dollars, and the total amount to be paid by the Common-
wealth under the provisions of this act shall not exceed

Acts, 1896. — Chap. 440. 417

five million dollars : j^^'ovided, that if in any year the ex- Proviso.
penditure by the Commonwealth under the provisions of
this act shall not amount to five hundred thousand dollars
the unexpended balance thereof shall be added to the live
hundred thousand dollars allowed to be paid by the Com-
monwealth during any subsequent year ; and the treasurer
and receiver general of the Commonwealth shall pay the
amount of cost allotted to the state from any money not
otherwise appropriated, and is hereby authorized, when
requested by the governor and council so to do, to issue
and sell bonds from time to time, under such terms and
conditions, and with a sinking fund for their redemption,
as shall l)est promote the welfare of the Commonwealth.

Section 2. The difi'erence between the amounts here- certain amount
tofore annually paid and the five hundred thousand dollars b/fheCommon-
allowed to be annually paid by the Commonwealth under umj.'etc'/"^
the provisions of section ten of chapter four hundred and
twenty-eight of the acts of the year eighteen hundred and
ninety may be paid at any time by the Commonwealth
under the provisions of said act, in addition to the amounts
already allowed to be expended.

Section 3. The estimates of the amounts to )3e paid, amoTiuTto^be
and the computation of the amounts paid, by the Common- {'^"■yi.fjde'""^'
wealth under the provisions of said chapter four hundred taiu sums.
and twenty-eight, shall not include the sums apportioned
to cities and towns and advanced by the Commonwealth
under the provisions of section seven of said chapter four
hundred and twenty-eight, as amended by chapter two
hundred and eighty-three of the acts of the year eighteen
hundred and ninety-three and by chapter five hundred and
forty-five of the acts of the year eighteen hundred and
ninety-four.

Section 4. This act shall take etFect upon its passage.

Approved May 28, 1896.

An Act relative to the granting of licenses for the sale /^A^^, 440
OF intoxicating liquor in towns which are summer "'

RESORTS.

Be it enacted, etc., as foUoivs :

Section 1 . Section one of chapter two hundred and ^^^'^ f^' 5 1-

. Iff I. • 1 • amended.

eighty of the acts of the year eighteen hundred and ninety-
two is hereby amended by striking out the word " June ",
in the thirty-fifth line, and inserting in place thereof the

which are eum-
mer resorts

418 Acts, 1896. — Chap. 440.

Granting of word : — April, — so as to read as follows : — Section 1.
BaTe°onntoxi-^ The proviso contained in the last twelve lines of section
frcertiinTowna onc of chaptcr three hundred and forty of the acts of the
year eighteen hundred and eighty-eight is hereby repealed,
and the following is substituted therefor : — provided, that
in towns having an increased resident population during
the summer months the selectmen may, on or before the
fifteenth day of May in any year, apply to the chief of the
bureau of statistics of labor to have an enumeration made
of the temporary or summer residents of such towns.
The said chief upon being thus requested shall proceed to
make such enumeration, from the twenty-third to the
twenty-eighth day of June next following, under such
rules as he shall establish. No person who has not been a
resident of such town for a period of at least three days
preceding the enumeration shall be regarded as a tempo-
rary or summer resident thereof. The chief of the bureau
of statistics of labor is authorized to employ for this tem-
porary service such number of persons as may l)e neces-
sary, who shall in all cases be residents of the town, if
suitable and competent persons can be found. If not then
said chief may employ non-residents. The said chief shall
report the total number of such temporary or sunmier resi-
dents to the selectmen of the town on or before the
twenty-eighth day of June aforesaid. All expenses in-
curred in making this special enumeration of the inhal)i-
tants of any town shall l)e ))aid out of the state treasury.
The state treasurer shall thereupon issue his warrant, as
provided in section thirty-one of chapter eleven of the
Public Statutes, requiring the assessors of such town to
assess a tax to the amount of the expenses incurred in
making this special enumeration, and the sum shall be col-
lected and paid over to the state treasurer, in the same
manner that other state taxes are levied and paid. The
selectmen may, during the month of April, receive appli-
cations for such licenses and investigate and publish the
same ; and may grant one such license for each five hun-
dred of such temporary resident population, not including
the permanent inhabitants of such town, as ascertained by
said special enumeration, to take effect on the first day of
July and to expire on the first day of October next follow-
ing, but no such licenses shall be granted unless the town
at its last annual town meeting has voted "Yes", in
answer to the question, " Shall licenses for the sale of

Acts, 180G. — Chap. 441. 419

intoxicating liquor bo granted in this town ? " ; provided^
furtlier, that no such special enumeration shall be made
and no such s[)ecial licenses shall be granted in towns
having more than five thousand permanent residents, as
ascertained by the last preceding state or national census,
Sectiox 2. This act shall take effect upon its passage.

Approved May 28, 1896.

ChapMl

An Act to kp:visk the ciiARTEii oi- the city of OLouc'ESTEii.
Be it enacted, etc. , as follov:s :

TITLE 1. MUNICII'AL GOVKRXMENT.

Section L The inhabitants of the city of Gloucester city of
shall continue to be a body politic and corporate, under ^'""<=^^'«''-
the name of the City of Gloucester, and as such sliall have,
exercise and enjoy all the rights, innnunities, powers and
privileges, and shall be subject to all the duties and obliga-
tions now pertaining to and incumbent upon the said city
as a munici[jal cor[)oration.

Section 2. The administration of all the fiscal, pruden- Administration
tial and nuniicipal affairs of said city, with the government affairsj'etcr'
thereof, shall be vested in an executive department M'hich
shall consist of one officer, to be called the mayor, and in
a legislative department which shall consist of a single
body, to })e called the city council, the members whereof
shall l)e called councilmen. The executive department
shall never exercise any legislative power, and the legisla-
tive department shall never exercise any executive power.
The general management and control of the public schools
of said city shall be vested in a school committee.

Section 3. The territory of said city shall be divided ^'i°e wards.
into nine wards, as hereinafter provided, but said num})er,
upon any subsequent division of said city into new wards,
may be increased by an affirmative vote of a majority of
the members of the city council passed prior to and in the
year of such new division.

title 2. — elections and meetings.

Section 4. The municipal election shall take place Municipal
annually on the first Tuesday of December, and the 'mu!iit\i,l\'^
municipal year shall begin on the first Monday of January ^'"'''
following. All meetings of the citizens for munici])al
purposes shall be called by warrants issued by order of
the city council, which shall be in such form and be seiwed

etc.

420

Acts, 1896. — Chap. 441.

Mayor, council-
men and mem-
bers of school
committee to
be elected by
ballot, etc.

Vacancy in
office of mayor.

Vacancy in
city council.

Meetings for
election of
national, state,
etc., officers.

Ward meetings
may be held in
adjacent ward.

General meet-
ings of qualified
voters.

and returned in such rocanner and at such times as the
council may by ordinance direct.

Section 5. At such municipal election the qualified
voters shall give in their votes by ballot in the several
wards for mayor, councilmen.and members of the school
committee then to be elected, and the person receiving
the highest number of votes for any office shall be deemed
and declared to be elected to such office ; and whenever
two or more persons are to be elected to the same office
the several persons, up to the number required to be
chosen, receiving the highest number of votes shall be
deemed and declared to be elected. If it shall appear that
there is no choice of mayor, or if the person elected mayor
shall refuse to accept the office, or shall die before qualify-
ing, or if a vacancy in said office shall occur more than
three mouths previous to the expiration of the municipal
year, the city council shall forthwith cause warrants to
be issued for a new election, and the same proceedings
shall be had in all respects as are hereinbefore provided
for the election of mayor, and shall be repeated until the
election of the mayor is completed. If the full number
of members of the city council has not been elected, or if
a vacancy in the office of councilman shall occur more
than six months previous to the expiration of the munici-
l^al year, the council shall forthwith cause a new election
to be held to fill the vacancy or vacancies.

Section 6. All meetings for the election of national,
state, county and district officers shall be called by order
of the city council, in the same manner as meetings for
municipal elections are called.

Section 7. The city council may, when no convenient
wardroom for holding the meetings of the citizens of any
ward can be had within the territorial limits of such ward,
appoint and direct in the warrant for calling any meeting
of the citizens of such ward that the meeting be held in
some convenient place within the limits of an adjacent
ward of the city ; and for such purpose the place so
assigned shall be deemed and taken to be a part of the
ward for which the election is held.

Section 8. General meetings of the citizens qualified
to vote may from time to time be held according to the
right secured to the people by the constitution of this
Commonwealth, and such meetings may and upon the
request in writing of fifty qualified voters setting forth the
purposes thereof shall be duly called by the city council.

Acts, 1896 — Chap. 441. 421

TITLE 6. THE LEGISLATIVE DEPARTMENT.

Section 9. The members of the city council shall ^/g%';°^"°^'/^
consist of councilmen at large and councihnen from wards, etc.
and shall be elected annually as follows : — Eight council-
men at large shall be elected by and from the qualified
voters of the city, and in voting for councilmen at large
no voter shall vote for more than five, and the eight hav-
ing the hisfhest number of votes shall be declared elected ;
and three councilmen from each ward shall be elected by
and from the qualified voters in each ward. The council-
men shall hold office for the municipal year beginning
with the first Monday in January following their election
and until a majority of the succeeding council shall be
elected and qualified. They shall receive no compensa-
tion for their services.

Section 10. The mayor elect and the councilmen oath of office
elect shall annually on the first Monday in January, at cou™cUmen'!
twelve o'clock, noon, meet and be sworn to the faithful
discharge of their duties. The oath shall be administered
by the city clerk, or in case of his absence by any justice
of the peace, and shall be duly certified on the journal of
the city council. In case of the absence of the mayor
elect on the first Monday in January, or if a mayor shall
not then have been elected, the oath of ofiice may at any
time thereafter be administered to him in the presence of
the council ; and at any time thereafter in like manner the
oath of ofiice may be administered to any member of the
council who has been previously absent, or has been sub-
sequently elected ; and every such oath shall be duly cer-
tified as aforesaid.

Section 11. After the oath has been administered to city council,
the councilmen present they shall be called to order by 11^^'^'^^^'°''.
the city clerk, or in case of the absence of the clerk by the
senior member present. The council shall then proceed
to the election of a presiding ofiicer, who shall be elected
by a majority ballot of all the members of said council,
from their own number. If no quorum is present an
adjournment shall be taken to a later hour, or to the next
day, and thereafter the same proceedings shall be had
from day to day until a quorum is present. If on the first
day on which a quorum is present no person receives the
votes of such majority the roll call shall be repeated until
some person receives the votes of such majority or an
adjournment to the succeeding day is taken, and on such

422

Acts, 1896. — Chap. 441.

Special meet-
ings of city
council.

To determine
rules of its
proceedings, be
judge of elec-
tion of its
members, etc.

Quorum, etc.

To elect
treasurer, city
clerk, etc.

succeeding day a plurality of those voting shall be suffi-
cient for an election. No other business shall be in order
until a president is chosen. The president shall be sworn
by the city clerk, or in case of the absence of the clerk by
any justice of the peace. The council shall then proceed
to the choice of a clerk, in the same manner as above-
provided for the choice of president, and no other busi-
ness shall be in order until a clerk is chosen. The
president and the clerk or either of them may be removed
from office by a two thirds vote of all the members of the
council, taken by roll call. The president of the council
shall have the same right to vote as any other member
thereof. The clerk of the council shall also be city clerk,
but the two offices shall be independent. The clerk of
the council shall keep a journal containing a record of the
proceedings of the council and a record of all votes taken
by roll call, and he shall engross, sign and attest all ordi-
nances and resolutions of the council.

Section 12. The mayor may at any time call a special
meeting of the city council by causing written notification
thereof to be left at the usual place of residence of each
member of the council, at least twenty-four hours before
the time appointed for such meeting.

Section 13. The city council shall determine the rules
of its own proceedings and shall be the judge of the elec-
tion, returns and qualifications of its own members. In
case of the absence of the president the council shall
choose a president pro tempore, and a plurality of votes
cast shall be sufficient for a choice. The council shall sit
with open doors, and the journal of its proceedings shall
be open to public inspection. The vote of the council
upon any question shall be taken by roll call when the
same is requested by two members. A majority of the
members of the council shall be required to constitute a
quorum, but a smaller number may adjourn from day to
day. The council shall, so far as not inconsistent with
this act, have and exercise all the legislative powers of
towns, and have all the powers and be subject to all the
liabilities of city councils, and of either branch thereof,
under the general laws of the Commonwealth, and it may
by ordinance prescribe the manner in which such powers
shall be exercised.

Section 14. The city council shall annually in the
month of January elect by a majority vote of all its mem-

Acts, 1896. — Chap. 441. 423

bers, a treasurer, a collector of taxes, who may be the
treasurer, a city clerk, and au auditor, who shall hold
office from the first Monday of the following February
and until their successors are chosen and qualified : j^ro- proviso
vided., however^ that either of the officers named in this
section may be removed at any time by said city council
for sufficient cause, by a two thirds vote of all its mem-
bers. The said treasurer, collector of taxes, city clerk,
and auditor, shall perform such duties as may be pre-
scribed by ordinance, and they shall perform all the duties
and exercise all the power incumbent by law upon them.

Sectiox 15. The city council shall, with the approval |f^^f g'tc*^''"
of the mayor, have exclusive authority and power to order
the laying out, locating anew or discontinuing of or
making specific repairs in all streets and ways, and all
highways within the limits of said city, and to assess the
damages or betterments sustained by any person thereby,
and further, except as herein otherwise provided, to act in
all matters relating to such laying out, locating anew, alter-
ing, discontinuing or repairing. Any person aggrieved
by the assessment of his damages or other action of the
council under this section shall have all the rights and
privileges now allowed by law in such cases in appeals
from decisions of the selectmen of towns.

Section 16. In case any ordinance, order, resolution Majority vote

, • 1 ji ' • J.* Ti. i! of all members

or vote involves the approj)riation or expenditure ot necessary for
money to an amount which may exceed one hundred cenai^n ord1°^
dollars, the laying of an assessment, or the granting to nances, etc.
a person or corporation of any right over or under any
street or other public ground of said city, the votes of a
majority of all the members of the city council shall be
necessary for its passage. Every such ordinance, order,
resolution or vote shall be read twice, with an interval of
at least seven days between the two readings, before being
finally passed, and the vote upon its final passage shall l)e
taken by roll call.

Section 17. The city council shall have power within city council
said city to make and establish ordinances and by-laws "dlnlnces and
and to affix thereto penalties as herein and by general law pen'ruie'sr^c.
provided, without the sanction of any court or justice
thereof: provided^ hoioevei\ that all laws and regulations proviso.
now in force in the city of Gloucester shall remain in
force until they shall expire by their own limitation, or
be revised or repealed by the council. Complaint for the

424

Acts, 1896. — Chap. 441.

Fire depart
ment.

Police depart
ment.

breach of any ordinance or by-law may be made by the
mayor or any head of a department, or by any resident
of the city.

Section 18. The city council shall establish a fire
department for said city, to consist of a chief engineer
and assistant engineers not exceeding nine, and of such
officers and members as the city council by ordinance
shall from time to time prescribe ; and said council shall
have authority to define their rank and duties, and in
general to make such regulations concerning their conduct
and the government of such department, the management
of fires and the conduct of persons attending fires, as they
may deem expedient, and may fix penalties for the viola-
tion of such regulations. The appointment of all the
officers and members of such department shall be vested
in the mayor exclusively, who shall have authority to
remove from office any officer or member for cause.

Section 19. The city council shall establish by ordi-
nance a police department, to consist of a chief of police
and such other members as it may prescribe, and shall
make regulations for the government of the department.
The appointment of all the members of such department
shall be vested in the mayor exclusively, who shall have
power to remove any member for cause.

Section 20. At any meeting of the city council it
office for official ghall bc in ordcr for any member thereof to cive written

miscoDcluct or . i i • ... . . r» ii i

neglect of duly, notice, sccoudcd in writing by a majority of all the mem-
bers of the council, of his intention to move at the next
meeting thereof, occurring within not less than ten days,
a resolution that the mayor be removed for official mis-
conduct or neglect of duty. Such notice shall specify as
particularly as possible the acts of misconduct, or the
instances of neglect of duty complained of, shall be entered
at large by the clerk in the minutes of the council, and
the clerk shall within two days serve a copy thereof upon
the mayor and mail a copy to each of the members of the
council at his residence. At such next meeting of the
council the mayor shall have the right to speak in his
own defence and to be heard by counsel. The vote on
the resolution shall be by roll call. If the resolution fails
to receive the affirmative votes of three fourths of all the
members of the council it shall have no effect, and shall
not be reintroduced during that meeting of the council.
If it receives the affirmative votes of three fourths of all

Mayor may be
removed from

Acts, 1896. — Chap. 441. 425

the members of the council it shall, upon the service of a
copy thereof upon the mayor, personally, or by leaving
the same at his last or usual place of residence, take effect,
and the office of mayor shall thereupon become vacant.
The council shall thereupon order a warrant for a new
election for mayor to be issued, and such further proceed-
ings shall be had as are provided in section five hereof in
,the case of a failure to elect a mayor.

Section 21. No meml^er of the city council shall dur- Members of
ing the term for which he is elected hold any other office hold other cuy
in or under the city government, have the expenditure of °^''^' ^'*''
any money appropriated by the council, or act as counsel
in any matter before the council or any committee thereof;
and no person shall be eligible for appointment to any
municipal office established by the council during any mu-
nicipal year within which he is councilman.

TITLE 4. EXECUTIVE DEPARTMENT.

Section 22. The executive powers of the city shall be Executive
vested solely in the mayor, and may be exercised by him fn mryoireiu:*!
either personally or through the several officers and boards
of the city in their departments, under his general super-
vision and control. In case of a vacancy in any office to
which appointment may be made by the mayor he may
personally perform the duties thereof, but he shall not be
entitled to receive any salary or pay attached thereto.
The mayor shall hold office for the municipal year begin- Term of office.
ning with the first Monday in January following his elec-
tion, unless sooner removed, and until his successor is
elected and qualified.

Section 23. The mayor shall have the sole power of ^Trim^l"''
appointment to all the municipal offices established by or of municipal
under this act, unless herein otherwise provided ; and he
may remove from office by written order any officer so
appointed hereunder for any cause which he shall in his
official discretion deem sufficient, which cause he shall
assign in his order of removal. Such office shall become
and be vacant upon the filing with the city clerk of such
order of removal and the service of a copy thereof upon
the officer so removed, either personally or by leaving the
same at his last or usual place of business. The city
clerk shall keep such order of removal on file, where.it
shall be open to public inspection.

426

Acts, 1896. — Chap. 441.

Salary of
mayor.

By whom duties
may be per-
formed in case
of disability of
mayor.

President of
council to act
as mayor in
case of vacancy.

School com.
miltee, election,
terms, etc.

Section 24. The Scalaiy of the mayor shall be twelve
hundred dollars per annum, and such additional sum as
the city council may establish by ordinance passed by vote
of two thirds of all its members, such ordinance not to
take eifect however until the year succeeding that in which
it is passed.

Section 25. Whenever by reason of sickness or ab-
sence from the city or other cause the mayor shall be
disabled from performing the duties of his office he may
designate by a writing filed in the office of the city clerk,
either the city treasurer or the city clerk to act as mayor,
or in case of the failure of the mayor to make such desig-
nation the first named of the above-mentioned officers
then performing the duties of his office shall act as mayor.
Such officer shall, during the continuance of such dis-
ability, have all the rights and powers of mayor, except
that he shall not when so acting have the power of removal,
unless thereto in any instance authorized by vote of the
city council, nor any power of appointment unless such
disability of the mayor has continued for a period of thirty
days, nor power to approve or disapprove any ordinance,
order, resolution or vote until within twenty-four hours
of the time when it would take effect w ithout the approval
of the mayor. In case such disability of the mayor con-
tinues for a period exceeding sixty days the city council
may at any time after the expiration of that period declare
a vacancy to exist in the office of mayor.

Section '2Q. Whenever there shall be a vacancy in the
office of mayor the president of the city council shall act
as mayor and possess all the rights and powers of mayor
during such vacancy, except that w^hen so acting as mayor
he shall not have the power of appointment or removal
unless thereto in any instance authorized by vote of the
council.

title 5. — SCHOOL committee.

Section 27. The school committee shall consist of the
mayor, who shall be, ex officio, chairman of the board,
and nine other persons, three to be chosen at each munic-
ipal election and to hold office for the term of three years
from the first Monday in January next ensuing. The
present school committee shall continue to hold office until
the expiration of the term for which they were elected.
The school committee shall serve without pay, and shall

Acts, 1896. — Chap. 441. 427

have the care and superintendence of the public schools
and the appomtment of all janitors of school buildings,
who shall be under their direction and control. All the
rights and obligations of the city of Gloucester in relation
to the grant and appropriation of money to the support of
the schools, and the special powers and authority hereto-
fore conferred by law upon the inhabitants of said city to
raise money for the support of schools therein, shall be
merged in the powers and obligations of the city under
this charter, to be exercised in the same manner as over
other subjects of taxation ; and all grants and appropria-
tions of money for the support of schools and the erection
and repair of schoolhouses in said city shall be made by
the city council, in the same manner as grants and aj^pro-
priations are made for other city purposes.

Section 28. Should there fail to be a choice of mem- vacancy.
bers of the school committee the vacancies shall be filled
by a joint ballot of the city council and school committee,
and vacancies thereafter occurring shall be filled in like
manner.

Section 29. The school committee shall on the first Superintendent

-» «■ 1 • T J 1 <' 11 °^ schools,

Monda}'^ in June, or as soon thereatter as may be, choose election, term,

by vote of a majority of its members, but not from their

number, a superintendent of schools, who shall be under

their direction and control. Such superintendent shall

hold ofiice for the term of one year from the first Monday

in July in the year of his election, unless sooner removed,

and until his successor is chosen and qualified ; and he

may be removed at any time by the school committee, by

vote of a majority of its members.

TITLE 6. ADMINISTRATIVE OFFICERS.

Section 30. There shall be the following administra- Administratiye
tive officers, who shall perform the duties imposed upon men^ duties,'"
them respectively by law and by this act, and such further ^"''
duties, not inconsistent with the nature of their respective
offices, as the city council may prescribe. Three highway
commissioners, who together shall constitute the board of
highway commissioners. No person shall be appointed
commissioner who is not a legal voter of said city or
who holds at the time any city office by popular election.
Any commissioner, after due notice and hearing, may he
removed at any time by a two thirds vote of the city

428

Acts, 1896. — Chap. 441.

Administrative
officers, ap-
pointment,
duties, etc.

council, for any cause which shall be deemed sufficient
and shall be expressed in the order of removal. Said
board shall have the direction and control : — a. Of the
construction, alteration, repair, care and lighting of streets,
ways and sidewalks, b. Of the construction, alteration,
repair and care of public sewers and drains, c. Of the
construction, alteration, repair, care and maintenance of
public bridges. No person or corporation authorized by
the city council to dig up any public street or sidewalk in
said city shall begin such digging before furnishing to such
commissioners security satisfactory to them to restore such,
street or sidewalk to its former condition. The highway
commissioners shall, except as herein otherwise provided,
have exclusively the powers and be subject to the duties,
liabilities and penalties which by law are given to and
imposed upon road commissioners in towns. A commis-
sioner of public buildings, who shall have the direction
and control of the construction, alteration, repair and care
of public buildings ; except that the care of all school
buildings shall be in the control of the school committee,
and that the care of the Huntress Home shall be under the
control of the trustees of said home. Said commissioner
shall also be inspector of buildings. A city solicitor, who
shall have general charge of the law business of the city,
and shall attend to all proceedings at law or in equity to
which the city is a party, and to all claims against the city.
He shall give in writing his legal opinioi\ upon any of the
municipal affairs of the city, upon request of the mayor or
council, and shall also give his opinion upon the law rela-
ting to the municipal affairs in any department, on request
of the head of such department. Three principal assess-
ors, who together shall constitute the board of assessors,
one of whom shall be designated by the mayor as chair-
man and one as secretary. There shall be appointed
annually in the month of January as many assistant
assessors as there are wards in the city, and one assistant
assessor shall be assigned to each ward of the city by the
principal assessors. Three overseers of the poor, who
together shall constitute the board of overseers of the poor,
one of whom shall be designated by the mayor as chair-
man, and one as secretary. A chief of police. A chief
engineer of the fire department. Five park commission-
ers, who together shall constitute the board of park com-
missioners, and who shall have the powers and duties of

Acts, 1896. — Chap. 441. 429

park commissioners under general law. A city physician. Administrative
Three persons, who together shall constitute the board of pointmencr
health, one of whom shall be the city physician. The '^"''''''' «"=•
members of said board shall be commissioners of public
burial grounds, and shall have the direction and control
of the laying out and caring for public burial places and
all work in and upon the same. The trustees of the
Huntress Home, appointed in accordance with law. Three
license commissioners, who together shall constitute the
board of license commissioners, and shall have the powers
and duties of license commissioners under general law. A
city engineer, who shall be the present incumbent, or some
person who has been educated at a technical school or
has had four years' experience with some engineer of
acknowledged reputation. The first appointment of high-
way commissioners, principal assessors and overseers of
the poor under this act shall be made in the month of Jan-
uary next following its acceptance. One member of each
of said boards shall then be appointed to hold office for
the term of one year, one for two years and one for three
years from the first jNIonday in February next following
his appointment ; and thereafter one member of each of
said boards shall be appointed in the month of January in
each year to serve for the term of three years from the
first Monday in February then next ensuing. The other
administrative ofiicers and members of other boards men-
tioned in this section shall, unless otherwise provided by
this act, or by law, be appointed annually in the month of
January, and shall hold office for the term of one year
from the first Monday in February next following their
appointment. All of said officers, including members of ^a^'il'udes^e'tc'
said boards, shall be sworn to the faithful discharge of
their duties, and shall hold office until their respective
successors are appointed and qualified, unless sooner re-
moved. Vacancies may be filled by appointment for the
remainder of the term. The city council may by ordi-
nance establish additional administrative offices and define
the duties of the incumbents thereof, and such offices shall
be subject to the provisions of this act.

Section 31. Each of the above-named boards shall at to electa

/T. • i^-Hi/.-T-ii chairman, etc

its first meeting on the first Monday of February in each
year, or as soon thereafter as may be, choose by ballot a
permanent chairman from among its members, unless
otherwise above-provided. No person shall be chosen

430

Acts, 1896. — Chap. 441.

Accounts to
be audited
monthly, etc.

Certain officers
to be entitled to
Beats with city
council, etc.

To give certain

information,

etc.

Proviso.

May appoint or
remove clerks,
etc.

permanent chairman unless he shall receive the votes of a
majority of the members of the board, and he may be
removed from such chairmanship by the same vote. Each
of said boards shall, unless it has a clerk as hereinbefore
provided, choose a secretary from among its members, in
the same manner as above-prescribed for the choice of a
chairman, and may remove him in the same manner. The
city council may provide for the payment of any such
clerk or secretary.

Section 32. The auditor of accounts shall on the first
business day of every month audit all accounts in which the
city is concerned as debtor or creditor, and shall report to
the council as it shall direct. He shall have access at all
times durinof business hours to all the books and vouchers
of the city treasurer.

Section 33. The mayor, the chairman of the school
committee, the treasurer, the city clerk, the auditor, all
of the administrative officers above-named other than the
members of boards, and the chairmen of the above-named
boards, shall, ex officio, be entitled to seats with the city
council. All the officers above-named shall at the request
of the council answer for their respective offices, com-
mittees and boards at the meetings of the council. In
case the chairman of a board is unable to be present at
any such meeting he may designate another member of
the board to represent it at such meeting. The said
officers shall be notified in like manner with the council-
men of all the meetings of the council. They shall have
the right to speak upon all matters relating to their re-
spective departments, but upon no other matters, and
shall have no right to vote. They shall give such infor-
mation as may be required by the members of the council
and answer such questions as may be asked by the mem-
bers in relation to any matter, act or thing connected with
their respective offices or the discharge of the duties
thereof: provided, however, that any such officer may
refuse to answer any question if notice thereof has not
been given at least three days before the time of the meet-
ing, in a notice book to be provided for the purpose by
the city clerk and kept in his office, unless the council
shall vote that the question is of such urgency and of such
nature that it should be answered without notice.

Section 34. The administrative officers and boards
above-named in this title, and all administrative officers

Acts, 1896. — Chap. 441. 431

and boards hereafter established by the city council and
not coming within the department of any officer or board
so above-named, shall have the power, except as herein
otherwise provided, to appoint or employ and to remove
or discharge all officers, clerks and employees in their
respective departments. Such appointments shall not be
for any specified term, but shall hold good until removal
or discharge. Orders of removal shall state the grounds
therefor, and shall be entered upon the records of the
officer or board making the same, and removals shall take
effect upon the filing of a copy of such order with the city
clerk, who shall record the same in a book provided for
the purpose, which book shall be open to public inspec-
tion. The above-named administrative officers and boards May make
shall, in their respective departments, make all necessary contracu%tc.
contracts for work and for the furnishing of materials and
supplies for the city, and for the construction, alteration,
repair and care of all public works, institutions, build-
ings and other property, subject to the approval of the
mayor in writing. They shall be at all times accountable
to the mayor as the chief executive officer, for the proper
discharge of their duties.

Section 35. Every board, and every officer above- Record of
1, 1 i'lTiTii 1/? official trans-

named not a member or a board, shall keep a record or actions to be

all official transactions, and such record shall be open to ^^^^'

public inspection.

Section 36. The city council shall require the auditor certain officers

of accounts, the treasurer, and such other officers as are etcf ^^

entrusted with the receipt, care and disbursement of

money, to give bonds with such security as it shall deem

proper, for the faithful discharge of their respective duties.

TITLE 7. GENERAL PROVISIONS.

Section 37. Every person elected or appointed to the oath of office
office of treasurer, collector of taxes, city clerk, auditor officers,
of accounts, or to any administrative office named in the
preceding title of this act shall, within five days after
notice of such election or appointment, except as herein
otherwise provided, take and subscribe before the mayor
or city clerk or a justice of the peace, an oath or affirma-
tion, faithfully to perform the duties of his office, which
oath or affirmation, or a certified copy thereof, shall be
filed in the office of the city clerk.

432

Acts, 1896. — Chap. 441.

Certain persons
not eligible for
election, etc.

Offices to
become vacant
for certain
causes.

To furnish
estimate of
expenses
for ensuing
financial year,
etc.

Officers to give
certain infor-
mation upon
request.

Salaries of
officers.

Section 38. No person shall be eligible for election or
appointment to any office established by this act unless at
the time of such election or appointment he has been a
citizen of the United States for at least one year, nor to
any such office except the offices of highway commissioner
and commissioner of public buildings, chief of police and
chief engineer of the fire department, unless at the time
of such election or appointment he has been a resident of
the city for at least one year. No person shall be eligible
for election as a councilman from wards unless he has
been a resident of the ward for which he is elected for six
months previous to his election.

Section 39. Any office established by or under this
act shall, except as otherwise provided, become vacant if
the incumbent thereof ceases to be a resident of the city.
The conviction of the incumbent of any such office of a
crime punishable by imprisonment shall operate to create
a vacancy in the office held by him.

Section 40. The administrative officers and boards
named in title six shall annually, on or before the first
day of March, furnish to the mayor an itemized and de-
tailed estimate of the moneys required for their respective
departments or offices during the ensuing financial year.
The mayor and city treasurer shall examine such estimates
and shall submit the same to the city council on or before
the first day of April, with their itemized and detailed
recommendations thereon. No gross appropriation of
money, and no item thereof in excess of the recommenda-
tions of the mayor and city treasurer, in case they shall
agree in such recommendations, shall be passed by the
council, except by vote of two thirds of the members
present and voting, and in no case by vote of less than
a majority of all the members of the council.

Section 41 . Every officer and employee of the city,
other than those mentioned in section thirty-three of this
act, shall at the request of the city council appear before
it and give such information as it may require in relation
to any matter, act or thing connected with his office or
employment or the discharge of the duties thereof.

Section 42. The city council shall establish by ordi-
nance the regular salaries or remuneration of the offices
established l)y this act, in case the same is not fixed herein,
and of such other offices as may hereafter be established,
and no ordinance of the council changing any such salary

Acts, 1896. — Chap. 441. 433

or remuneration shall take effect until the municipal year
succeeding that in which the ordinance is passed. Such
salaries shall be in full for all services rendered the city
by the incumbents of the respective offices in the discharge
of the duties thereof.

Section 43. The city council shall appropriate annually Appropriation,
on or before the first day of April the amount necessary to ^ '^'
meet the expenditures of the city for the current municipal
year. It shall take care that no money is paid from the
treasury unless granted or appropriated, and shall secure
a just and proper accountability by requiring bonds with
sufficient penalties and sureties from all persons entrusted
with the receipt, custody or disbursement of money. It ^g^^p,"*„°fd
shall as often as once in each year, thirty days at least ^''P^°(^,''"'jf^^ ***
prior to the annual election, cause to be published for the etc.
use of the inhabitants a particular account of the receipts
and expenditures of said city and a schedule of all city
property and of the city del^t.

Section 44. No sum appropriated for a specific pur- Appropriations

,1, , ii/»ji 1 and expendl-

pose shall be expended tor any other purpose, and no turea.
expenditure shall be made nor liability incurred by or in
behalf of the city until an appropriation has been duly
voted by the city council sufficient to meet such expendi-
ture or liability, together with all prior unpaid liabilities
which are payable out of such appropriation : provided, ProviBo.
however, that after the expiration of the financial year and
until the passage of the regular annual appropriations
liabilities payable out of a regular appropriation to be
contained therein may be incurred to an amount not ex-
ceeding one third of the total of such appropriation for
the preceding year.

Section 45. Nothing- herein contained shall affect the civii service.
enforcement of the provisions of chapter three hundred
and twenty of the acts of the year eighteen hundred and
eighty-four, entitled " An Act to improve the civil service
of the Commonwealth and the cities thereof", or of any
acts in amendment thereof or in addition thereto, or of
the rules made by the commissioners appointed there-
under ; and the city council shall make sufficient and
proper appropriations for the carrying out and enforce-
ment of said act and such rules in said city.

Section 46. All contracts made by any department pertain con-
of the city shall, when the amount involved is five hun- approved by
dred dollars or more, be in writing, and no such contract ™''^°'^'

43i Acts, 1896. — Chap. 441.

shall be deemed to have been made or executed until the
approval of the mayor is affixed thereto. All such con-
tracts shall be accompanied by a bond with sureties satis-
factory to the board or committee having the matter in
charge, or by deposit of money or by other security, for
the faithful performance of such contracts, and such bonds
or other security shall be deposited with the city auditor
until the contract has been carried out in all respects ; and
no such contract shall be altered except by a written agree-
ment of the contractor, the sureties on his bond, and the
officer or board making the contract, with the approval of
the mayor affixed thereto.
M°^iieB^Vtr Section 47. Whenever mechanical or other work is
required to be done, or supplies are required for the city,
at a cost amounting to two hundred dollars or more, the
board or committee having the matter in charge shall
invite proposals therefor by advertisements in not more
than two newspapers published in said city, such adver-
tisements to state the time and place for opening the
proposals in answer to such advertisements, and also to
state the right of said board or committee to reject any or
all proposals. Every proposal for doing such work or
making such sale shall be accompanied by a certificate of
deposit for not less than twenty-five dollars, and in no
case for less than five per cent, of the amount of the pro-
posal, for the faithful performance of such proposal, and
all such proposals shall be kept by the officer or board
inviting the same and shall be open to public inspec-
tion after said proposals have been accepted or rejected.
Should the party to whom the award is made fail to
perform the obligations of his agreement the amount of
the certificate of deposit shall be forfeited to the city.
i?i°em°i*o^mrnt' Section 48. Neither the city council nor any member
of labor, etc. or committec thereof shall directly or indirectly take part
in the employment of labor, the making of contracts, the
purchase of materials or supplies, the construction, altera-
tion, or repair of any public works, buildings or other
property, or the care, custody or management of the same,
or in the conduct of any of the executive or administrative
business of the city, or in the expenditure of public money,
except such as may be necessary for the contingent and
incidental expenses of the city council, nor in the appoint-
ment or removal of any officers except as herein provided ;
but nothing in this section contained shall affect the powers

Acts, 1896. — Chap. Ml. 435

or duties of the council in relation to state aid to disabled
soldiers and sailors and to the families of those killed in
the civil war.

Section 49. The fire limits of said city of Gloucester Fireiimits.
shall remain as they now are, provided however that they
may be extended at any time by a majority vote of the
city council.

Section 50. This act shall not afiect any right accru- certain rights,
ing or accrued, or any suit, prosecution or other legal affected.
proceeding pending at the time when it shall take eflect
by acceptance, as herein provided, and no penalty or
forfeiture previously incurred shall be affected thereby.
All persons holding office in said city at the time this act certain pereons
is accepted shall continue to hold such offices until the office" '°"^ '°
new city government is organized and until their respec-
tive successors are chosen and qualified.

Section 51. The powers and duties granted and im- water commis-
posed upon the city of Gloucester by chapter four hundred ment"ermB?°^
and fifty-one of the acts of the year eighteen hundred and ^^'^'
ninety-five, including the purchase or taking of any lands
or other property or rights, shall be exercised by a board
of three water commissioners, to be appointed by the
mayor, one of whom he may designate as chairman. Said
commissioners shall be appointed and shall hold their office
from the time of their appointment for the terms of one,
two and three years respectively, from the first Monday
of February next following their appointment ; and there-
after one commissioner shall be appointed each year for
the term of three years from the first Monday in February.
All such commissioners, except in case of removal, shall
hold office until their respective successors are appointed,
and vacancies occurring during the term may be filled for
the remainder of the term. No person shall be appointed
commissioner who holds at the time any city office by
popular election. The commissioners shall receive such compensation.
compensation for their services as the city council, by
ordinance passed by a two thirds vote, shall determine.

Section 52. Said commissioners shall be subject to to be subject
such ordinances, rules and regulations in the execution of o^rtoances,
such duties as the city council may from time to time '^"^^^•'^'c-
ordain and establish, not inconsistent with the provisions
of this act and the laws of this Commonwealth. All con-
tracts made by said water commissioners shall be in the
name and behalf of the city, and such contracts shall be

436

Acts, 1896. — Chap. U2.

Quorum.

To be divided
into nine wards.

Polling places
and election
officers for first
municipal elec-
tion.

Lists of quali-
fied voters.

To be submitted
to voters at the
annual state
election, 1896.

When to take
effect.

approved in writing by the mayor before they are signed
by the commissioners ; but no contracts shall be made by
them which involve the expenditure of money not already
appropriated for the purpose by the city council. A
majority of said commissioners shall be a quorum for the
exercise of the powers and the performance of the duties
of the commission.

Section 53. Upon the acceptance of this act as herein
provided the city council of said city shall forthwith divide
the territory thereof into nine wards, so that the wards
shall contain, as nearly as may be consistent with well-
defined limits to each, an equal number of voters, and they
shall designate the wards by numbers. They shall, for
the purpose of the first municipal election to be held here-
under, which shall take place on the first Tuesday of
December next succeeding such acceptance, provide suit-
able polling places in the several wards, and give notice
thereof; and at least thirty days previous to such first
Tuesday in December the mayor shall appoint all proper
election oflicers therefor in the several wards of said city.
The registrars of voters shall cause to be prepared and
published according to law lists of the qualified voters in
each of the wards established by said city council.

Section 54. This act shall be submitted to the legal
voters of the city of Gloucester at the annual state elec-
tion in the present year. The following question shall be
printed on the ballots used in said city at said election :
"Shall an act passed by the general court in the year
eighteen hundred and ninety-six, entitled ' An Act to re-
vise the Charter of the City of Gloucester ', be accepted ? " ;
and a majority vote of the voters present and voting thereon
shall be required for its acceptance.

Section 55. So much of this act as authorizes the sub-
mission of the question of its acceptance to the legal voters
of the said city shall take efiect upon its passage, but it
shall not take further efiect unless approved by the legal
voters of said city as herein prescribed.

Approved May 28, 1S96.

(77irt/9.442 Ax Act to rROviDE for the further improvement of the
commonwealth's flats at south boston.
Be it enacted, etc., as folloivs :

thl^coramon' °^ Section 1 . For the purpose of enforcing and executing
wealth^ Hats at thc provisious and requirements of existing laws relating

Acts, 1896. — Chap. 443. 437

to the Commonwealth's flats at South Boston, and for the
payment of money which may be needed to carry out the
provisions of chapter two hundred and thirty-nine of
the acts of the year eighteen hundred and seventy-five,
the sum of five hundred thousand dollars is hereby ap-
propriated from the Commonwealth's Flats Improvement
Fund, established by chapter two hundred and thirty-seven
of the acts of the year eighteen hundred and seventy-eight,
in addition to the amount now in said fund.

Section 2. In order to increase the amount of moneys certain sume
in said improvement fund available for the purposes afore- ™to th^e c^om-
said, and in anticipation of receipts fi-om sales or use of Fiatriraprove.
the Commonwealth's lands at South Boston, there shall mentFund.
be paid out of the treasury of the Commonwealth, from
time to time, into the Commonwealth's Flats Improvement
Fund, such sums of money as may be required under this
act ; but the amount so paid before the first day of July in
the year eighteen hundred and ninety-six shall not exceed
fifty thousand dollars.

Section 3. This act shall take effect upon its passage.

Approved May 28, 1S96.

An Act relative to registers of deeds. Ch(ip.4:4:S

Be it enacted, etc., as foUoios:

Section 1 . Section twenty-five of chapter twenty-four p. s. 24, § 25,
of the Public Statutes is hereby amended by striking out ^"^^°
in the first line, the words *' county commissioners in each
county", and inserting in place thereof the words : — regis-
ters of deeds of the several counties or registration districts,
— so as to read as follows : — Section 25. The registers Regigters of

fiT/«.i 1 J. • i_ i^' T 1 • , deeds to cause

deeds 01 the several counties or registration districts, copies of ciassi-

except Suffolk, shall within the first six months of each cenirn record's

year, or within such further time during the year as *° *"^ "'*'^®*

they may think proper, cause to be made at the expense of

their several counties, by competent persons employed by

them, copies of the indexes to the instruments recorded in

the registries of deeds during the preceding year, in which

copies the grantors and grantees shall respectively be

assorted into distinct lists by their respective surnames

in alphabetical order, and arranged under such surnames

in the order in which the deeds and other conveyances

to which they refer were left for record. They may also

cause the Christian names of the grantors and grantees,

as well as their surnames, to be arranged in alphabetical

438

Acts, 1896. — Chap. 443.

p. 8. 24, § 26,
amended.

Copies of
jadexes to
existing records
may be made,
etc.

Estimate of
cost, etc., of
indexing to be
filed with
county com-
missioners.

Certain sum
may be ex-
pended under
direction of
register, etc.

Repeal.

order in such lists, when in their opinion reference to the
records will be facilitated thereby. Such copies shall in
other respects be in the form required for the indexes to
the records.

Section 2. Section twenty-six of said chapter is hereby
amended by striking out the first line, and inserting in
place thereof the words : — When the registers deem it
expedient they may, with the consent and approval of
the county commissioners, — so as to read as follows : —
Section 26. When the registers deem it expedient they
may, with the consent and approval of the county commis-
sioners, cause copies of the indexes or new indexes to the
records existing in the registries of deeds in their respec-
tive counties, or of any part thereof, to be made by some
competent person at the charge of their respective counties,
upon such plan and in such manner as will in their judg-
ment best facilitate reference to the records ; and they may
cause such copies of indexes or new indexes to be printed
at the charge of their respective counties, and to be sold
at a price not less than the cost of printing, paper, and
binding.

Section 3. Registers of deeds of the several counties
or registration districts, except Suffolk, shall file with the
county commissioners of their respective counties on or
before the thirty-first day of December in each year, an
estimate in detail of the character, amount and cost of the
indexing which, in the judgment of said registers respec-
tively, ought to be done in the ensuing year, which esti-
mate shall 1)6 examined by the county commissioners, and
so much thereof as in their judgment is necessary, shall
be included in the estimates required to be made by chap-
ter one hundred and forty-three of the acts of the year
eighteen hundred and ninety-five.

Section 4. Such sum as may be authorized for this
purpose by the general court shall be expended under the
direction of the register for the purposes and in the man-
ner named in his original estimate, either in whole or in
part, and shall be paid out of the treasury of the county
to the person or persons actually employed in performing
the work, on approval of the bills for the same by the
county commissioners.

Section 5. Sections thirty, thirty-one and thirty-two
of chapter twenty-four of the Public Statutes are hereby
repealed.

Acts, 1896. — Chap. 444. -^ 439

Section 6. Section one of chapter one hundred and aj^^jj^td.^ ^'
forty-eight of the acts of the year eighteen hundred and
ninety-three is hereby amended by striking out all after
the word ''commissioners", in the twelfth line, — so as
to read as follows: — Section 1. The secretary of the Annual report
Commonwealth shall incorporate in his annual report to fnclude cmuIq
the legislature the returns made under section live of '^®'""*-
chapter one hundred of the Public Statutes, of the num-
ber of liquor licenses issued by the several cities and
towns, the amount received for the same and the vote of
said cities and towns on the question of granting the
same ; the returns made under section twenty-five of
chapter twenty-five of the Public Statutes by the sherifis
of the several counties, of all moneys received by them
from all sources and the number of days they have at-
tended upon a court of record and upon the county com-
missioners.

Section 7. Registers of deeds shall be entitled to RegiBtersof

. n /»jj/-> If 1 ' Ti deeds to receive

receive a tee ot twenty-iive cents tor entering a discharge certain fees.
of an attachment or of a mechanic's lien, when such dis-
charge is certified by them, and the same fee for entering
a partial release of an attachment.

Section 8. This act shall take effect upon its passage. Existing con-
but shall not be so construed as to make void any present &&lcted.
existing contracts relating to the indexes to the records of
the registeries of deeds. Approved May 28, 1896.

An Act to facilitate the collection of small debts for Qlinj) 444

MANUAL WORK OR LABOR PERFORMED.

Be it enacted, etc. , as follotus :

In actions of contract for the recovery of money due Two or more

/» iiij ... persons may

tor manual labor two or more persons may join in one join in certain
action against the same defendant or defendants when the tract"etc! *'°°"
claim of no one of such persons exceeds the sum of twenty
dollars, although the claims of such persons are not joint ;
and each of such persons so joining may recover the sum
found to be due to him personally. The claim of each
person so joining shall be stated in a separate count in
the declaration, and the court may make such order for
the trial of issues as shall be found most convenient and
may enter separate judgments and issue one or more
executions, and may make such order concerning costs as
in its opinion justice may require.

Approved May 28, 1896,

440 Acts, 1896. — Chaps. 445, 446.

Chap.4A:5 ^^ ^^'^ relative to evidence in actions against the estates

OF deceased persons.

Be it enacted, etc., as follows :

tohe^admusmt III the trial of an action against an executor or against
in actions .^J^ administrator of a deceased person in which the cause

against estates i^

ofjieceased of actiou IS supportcd by oral testimony of a promise or
statement made by said deceased person, evidence of
statements written or oral made by said deceased person,
memoranda and entries written by him, and evidence of
his acts and habits of dealing tending to disprove or to
show the improbability of such statement or promise
having been made, shall be admissible.

Approved May 28, 1896.

persons.

Ch(ip.4:4:Q -^^ ^CT MAKING FURTHER PROVISION FOR THE PROTECTION OF
THE PUBLIC HEALTH IN THE VALLEYS OF THE CONCORD AND
SUDBURY RIVERS.

Be it enacted, etc., as follmvs:

cSncoJZnd*"^ Section 1. The time for the completion of the im-
toe'^elLnded^' provemcut of the Concord and Sudbury rivers, under-
taken by the state board of health under authority of
chapter four hundred and twenty-six of the acts of the
year eighteen hundred and ninety-four, relative to the
protection of the public health in the valleys of said
rivers, is hereby extended to the thirty- first day of De-
cember in the year eighteen hundred and ninety-eight,
and the board is authorized to expend any unexpended
balance of the sum heretofore appropriated therefor, to-
gether with such further sum, not exceeding one thousand
dollars, as may be required to finish the work already
planned by said board.
To replace Section 2. Thc Said board is also authorized to ex-

c;inal bridge in -i f i

wayiand. pcud a turther sum, not exceeding two thousand dollars,
in taking down the canal bridge, so-called, in the town
of Wayiand, in order to remove the bar upon which it
stands and in replacing said bridge by a suitable structure
of stone, steel or wood.

Section 3. This act shall take effect upon its passage.

Approved May 28, 1896.

Acts, 1896. --Chap. 447. 441

An Act to authorize credit insurance companies to do (J]iapA^

BUSINESS IN this COMMONWEALTH.

Be it enacted., etc., as follows:

Section 1. Section twenty-nine of chapter five hun- 1894, 522, § 29,
dred and twenty-two of the acts of the year eighteen
hundred and ninety-four, as amended by section one of
chapter four hundred and seventy-four of the acts of the
year eighteen hundred and ninety-five, is hereby amended
by adding at the end of said section the following words :
— Ninth, To carry on the business commonly known as
credit insurance or guaranty, either by agreeing to pur-
chase uncollectible debts, or otherwise to insure against
loss or damage from the failure of persons indebted to
the assured to meet their liabilities, — so as to read as
follows: — Section 29. Insurance companies may be Purposes for
formed as provided in section thirty for any one of the paniesm^be
following purposes, to wit : — iormed.

First, To insure against loss or damage to property by LoBsbyflre.etc.
fire, lightning, or tempest on land, upon the stock or
mutual plan.

Second, To insure upon the stock or mutual plan, ves- lobs by penis

i/..], 1 IV 1^ 1 ij of the sea, etc.

sels, freights, goods, money, eiiects, and money lent on
bottomry or respondentia, against the perils of the sea and
other perils usually insured against by marine insurance,
including risks of inland navigation and transportation.

Third, To guarantee the fidelity of persons in positions Guaranty of
of trust, private or public, and to act as surety on official "^ "^' ^ '^'
bonds and for the performance of other obligations.

Fourth, To insure against loss or damage to property of ^e"r^^foi'ier
the assured, or loss or damage to the life, person or prop- explosions.
erty of another for which the assured is liable, caused by
the explosion of steam boilers.

Fifth, To insure any person against bodily injury or Accident to
death by accident, or any person, firm or corporation p*"°°**
against loss or damage on account of the bodily injury or
death by accident of any person for which loss or damage
said person, firm or corporation is responsible.

Sixth, To insure against the breakage of plate glass, Breakage of
local or in transit. piate glass.

Seventh, To insure against loss or damage by water to Damage by
any goods or premises arising from the breakage or leak- '^*''"^'
age of sprinklers and water pipes.

442

Acts, 1896. — Chap. 447.

Damage from
accideDtB to
elevators, etc.

Damage from
failure of
persons to meet
their liabilities.

1894, 522, § 31,
etc., amended.

To transact
only business
epecifled in
charter.

Minimum
capital of stoct
companies.

Certain mutual
companies may
continue busi-
ness of employ-
ers' liability
insurance, etc.

Eighth, To insure against loss or damage to property
arising from accidents to elevators, bicycles and vehicles,
except rolling stock of railways.

Ninth, To carry on the business commonly known as
credit insurance or guaranty, either by agreeing to pur-
chase uncollectible debts, or otherwise to insure against
loss or damage from the failure of persons indebted to the
assured to meet their liabilities.

Sectiox 2. Section thirty-one of said chapter five
hundred and twenty-two, as amended by section two of
chapter four hundred and seventy-four of the acts of the
year eighteen hundred and ninety-five, is hereby amended
by striking out in the eleventh and twelfth lines, the words
" or eighth ", and inserting in place thereof the words : —
eighth or ninth, — so as to read as follows : — Section 31.
No corporation so formed shall transact any other business
than that specified in its charter and articles of association.
Companies to insure plate glass may organize with a capi-
tal of not less than one hundred thousand dollars. Com-
panies so formed insuring marine or inland risks upon
the stock plan shall have a capital of not less than three
hundred thousand dollars. Companies so formed for the
transaction of fire insurance on the stock plan, of fidelity
insurance, of accident insurance, of steam boiler insurance,
or for the transaction of the business authorized under the
seventh, eighth or ninth paragraph of section twenty-nine
of this act shall have a capital of not less than two hun-
dred thousand dollars. Companies may be so formed to
insure mechanics' tools and apparatus against loss by fire
for an amount not exceeding two hundred and fifty dollars
in a single risk, with a capital of not less than twenty-five
thousand dollars, divided into shares of the par value of
ten dollars each.

Mutual companies heretofore organized to transact em-
ployers' liability insurance may continue such business
under the fifth paragraph of section twenty-nine of this
act, and such companies shall be subject to the laws,
so far as applicable, in relation to mutual fire insur-
ance companies. No company shall be required to
have on deposit with the treasurer of the Commonw^ealth
an amount in excess of what is sufficient to enable it
to comply with the laws of the states in which it transacts
business ; and all sums in excess of this amount held
on deposit with the treasurer of the Commonwealth or

etc., amended.

Acts, 1896. — Chaps. 448, 449. 443

elsewhere shall be coumted as of the surplus funds of the
company.

Section 3. This act shall take effect upon its passage.

Approved May 28, 1896.

An Act relative to insurance brokers. GllCLD 448

"Be it enacted, etc., as follows:

Section 1. The second paragraph of section ninety- i894, 522, §^93,
three of chapter five hundred and twenty-two of the acts
of the year eighteen hundred and ninety-four, as amended
by section two of chapter fifty-nine of the acts of the year
eighteen hundred and ninety- five, is hereby amended by
inserting in the second line of said paragraph, after the
word "person", the words: — a resident of this Common-
wealth or a resident of any other state granting like cer-
tificates to residents of this Commonwealth, — so that said
second paragraph shall read as follows : — The insurance insurance
commissioner may, upon the payment of a fee of ten dol- m^yTaTue^^'
lars, issue to any suitable person, a resident of this Com- authoru/to'
monwealth or a resident of any other state granting like i"^^'"''^"'^*
certificates to residents of this Commonwealth, a certificate
of authority to act as an insurance broker to negotiate
contracts of insurance or reinsurance or place risks or
effect insurance or reinsurance with any qualified domestic
insurance company or its agents, and with the authorized
agents in the Commonwealth of any foreign insurance com-
pany duly admitted to do business in the Commonwealth.

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

Approved May 28, 1896.

An Act relative to the employment of laborers in the (7^«I>.449
cities of the commonwealth.

Be it enacted, etc., as follows:

Section 1. So much of chapter three hundred and KeTs'Tn"*"*
twenty of the acts of the year eighteen hundred and <="'«^«-
eighty-four and the amendments thereto as relates to the
employment of laborers by cities, and that portion of the
civil service rules of the Commonwealth and the cities
thereof as authorized by said acts and designated therein
as the " Labor Service", shall not take effect in cities of
less than one hundred thousand population, except upon
acceptance by the city council of such city, with the ap-

444:

Acts, 1896. — Chap. 450.

proval of its mayor : provided, that the city council of
such cities shall establish rules under which veterans of
the late war of the rebellion shall be given the preference
in employment.

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

Approved May 28, 1896.

Cha7J.4iB0 ^^ ■^^'^ RELATIVE TO THE COMPENSATION

OF EMPLOYEES IN WEST

Certain persons
deprived of
employment in
West Boylston
may file claim
for damages.

ii05

Be it enacted, etc., as follows:

BOYLSTON.

Court to ascer-
tain certain
facts, etc.

Certain em-
ployees not
entitled to
receive com-
pensation.

Section 1 . Any resident of the town of West Boylston
employed by any corporation, partnership or individual at
the time when the plant of such corporation, partnership or
individual is taken, and work therein stopped, on account
of a reservoir for the metropolitan water supply, and who
is obliged by reason of such taking to seek employment
elsewhere, shall have the right for one year from the ter-
mination of such employment as aforesaid to file a claim
for damages with the metropolitan water commission, and
if the same is not settled within sixty days from the filing
thereof, he may bring a bill in equity in the superior court
for the county of Worcester for the adjudication and col-
lection of such damage. Any number of persons deprived
of employment as aforesaid may unite in such bill, and
the withdrawal of any shall not prejudice the rights of
others.

Section 2. It shall be the duty of the court to ascer-
tain whether or not such claimants have resided and been
employed and deprived of employment as specified in this
act, and if so to issue a decree in favor of each to recover
the actual damage which he has suffered by reason of
such loss of employment, not however to exceed the sum
of his wages for six months at the rate of wages paid to
him for the last six months prior to such suspension of
employment.

Section 3. No person shall be entitled to receive com-
pensation under this act unless he shall have been em-
ployed in the town of West Boylston continuously from
the date when chapter four hundred and eighty-eight of
the acts of the year eighteen hundred and ninety-five,
entitled ' ' An Act to provide for a metropolitan water
supply ", became a law, up to the date of the taking of
the property wherein said person is employed.

Acts, 1896. — Chaps. 451, 452. 445

not entitled to
receive com-

Section 4. Xo stockholder of any corporation whose stockholders
plant is taken on account of a reservoir for said metro
politan water supply shall be entitled to receive com- p®"^"*'""
pensation under this act.

Section 5. This act shall take effect upon its passage.

Ajyproved May 28, 1896.

An Act relative to the filing of exceptions in the supkeme
judicial and supekiou courts.

ChapA51

in civil cases.

Be it enacted, etc. , as foUoivs :

Section two of chapter one hundred and fifty-three of amended ^ ^'
the acts of the year eighteen hundred and ninety-five is
hereby amended by inserting after the word " evidence ",
in the third line, the words: — and of the instructions
sriven to the iury, — so as to read as follows : — Section 2. Transcript of

* - • • • -• cvidcDCG etc.

The presiding justice shall have the right to order the may be ordered

excepting party in civil cases to furnish to the court a

transcript of the evidence, and of the instructions giv^en to

the jury, or such part thereof as the presiding justice shall

designate, written out by the official stenographer from

his notes, within such time as the justice shall order, not

less than ten days from the date of the order, and if the

excepting party shall neglect to furnish the same within

said time or such extension thereof as the court may allow

the court in which the exceptions were taken may, upon

application of the adverse party and upon due notice to all

parties interested, order the exceptions taken dismissed,

and the opinion, ruling or order excepted to, affirmed in

the manner provided in chapter ninety-four of the acts of

the year eighteen hundred and eighty-eight.

A2)2)roved June 2, 1896.

Chap.4:52

An Act to change the name of the millicent i.ibkauy
corporation.

Be it enacted, etc., as follows :

Section 1. The name of the Millicent Library Cor- Name changed.
poration is hereby changed to The Millicent Library.

Section 2. The provisions of chapter three hundred affe^^ted"' °°'
and ninety-two of the acts of the year eighteen hundred
and ninety-three shall not be affected by the passage of
this act.

Section 3. This act shall take effect upon its passage.

Approved June 2, 1896.

446

Acts, 1896. — Chaps. 453, 454.

Construction of
public parks in
Boston to be
continued, etc.

C%«Z).453 -^^ ^^"^ ^O AUTHORIZE TlIK CITY OF BOSTON TO CONTINUE THE

CONSTRUCTION OK ITS PUBLIC PARKS.

Be it enacted, etc., as follotvs :

^Section 1. The city of Boston shall continue the con-
struction of the public parks of said city, and to pay the
expenses incurred therefor, including payments for lands,
the city treasurer shall from time to time as specified in
requests by the board of park commissioners of said city,
approved by the mayor, issue notes, bonds or scrip of said
city, and the total amount so issued shall not exceed one
Proviso. million dollars : j^^'ovidedf however, that out of the pro-

ceeds of the notes, bonds or scrip hereby authorized to be
issued the sum of two hundred thousand dollars shall be
applied towards the completion of the Strandwaj^ so-called,
in South Boston, and one hundred thousand dollars for the
completion of the North End Park. Said notes, bonds or
scrip shall be made payable in thirty years from their date,
and bear interest payable semi-annually at such rate, not
exceeding four per cent, per annum, and at such times as
shall be fixed by said treasurer, and the indebtedness in-
curred under this act shall not be taken into consideration
in determining the debt limit of said city.

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

Approved June 2, 1896.

Ch(lV.4i54: ^^N Act in addition to an act making an appropriation roil

EXPENSES IN CONNECTION WITH THE EXTERMINATION OF CON-
TAGIOUS DISEASES AMONG HORSES, CATTLE AND OTHER ANIMALS.

Be it enacted, etc. , as follows :

Section 1. The sum of two hundred thousand dollars
is hereby appropriated, to be paid out of the treasury of
the Commonwealth from the ordinary revenue, for the
purpose of meeting expenses in connection with the ex-
termination of contagious diseases among horses, cattle
and other animals, during the year ending on the thirty-
first day of December in the year eighteen hundred and
ninety-six, the same to be in addition to the amount ap-
propriated by chapter thirty-nine of the acts of the present
year.

Section 2. The sum hereby appropriated shall be first
applied to the payment for neat cattle now held in quaran-
tine and condemned as tujberculous by the board of cattle
commissioners or any member thereof, to the payment of

Extermination
of contagious
diseases among
animals.

How sum appro-
priated shall be
applied, etc.

Acts, 1896. — Chaps. 455, 456. 447

all quarantine and other expenses incident thereto by law
required to be paid by the Commonwealth, and to the
payment of all other expenses already legally incurred by
said board. No part of the sum hereby appropriated shall
be applied in payment for the testing of or compensation
for cattle condemned and killed under tests made at the
owner's request. If the sum hereby appropriated shall
be expended before the first day of January in the year
eighteen hundred and ninety-seven the auditor shall im-
mediately certify that fact to the board of cattle commis-
sioners. Upon the receipt of such certification said board
shall immediately notify each city and town and each in-
spector throughout the Commonwealth that said appropria-
tion is exhausted, and thereafter no Massachusetts cattle
shall be quarantined until a further appropriation is made,
and all Massachusetts cattle quarantined at the time such
notification is issued shall be immediately released.

Section 3. This act shall take efi^ect upon its passage.

Approved June 5, 1896.

ChapA55

An Act to authorize cities and towns to appropriate money
FOR memorial observances in honor of firemen.

Be it enacted, etc., as follows:

Section 1. Cities may by vote of the city council, and p"'^^ *•"'

, " ^ . '^ ' towus may

towns may by vote in town meeting, appropriate such appiopnate

y, "^ . ^ ^ Ii /• money for me-

sums as they may judge necessary tor the purpose oi moriaiob
keeping m repair or decorating graves, monuments or honor of
other memorials erected to the memory of firemen who firemen, etc.
died from injuries received in the exercise of their duties
while in the fire service of any city or town in this Com-
monwealth, or for other memorial observances in honor of
such firemen. The sums so appropriated may be paid over
to the Veteran Firemen's Association or to other similar
organizations, to be expended for the purposes above-
specified.

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

Approved June 2, 1896.

An Act providing for the appointment of guardian ad litem /^^^^ 4-^(\

OR next friend in certain cases. -^

Be it enacted, etc. , as folloics :

Section 1. In any case where, under the terms of a Guardian ad
written instrument or otherwise, any minor or person Yv\Za^x^^L
under disability, or any person or persons not ascertained crrCin'oasLs.

448

Acts, 1896. — Chaps. 457, 458.

Cost of appear-
ance to be de-
termined by
court, etc.

Certain powers
of court not
affected.

or not in being, may be or may become interested in any
estate real or personal, the court in which is pending any
suit, bill, petition, or proceeding of any kind relating to
or affecting any such estate may, on the representation of
any party thereto, or of any person interested, appoint a
suitable person to appear and act therein as guardian ad
litem or next friend of such minor or person or persons
under disability or not ascertained or not in being, and a
judgment, order or decree in such proceedings, made
after such appointment, shall be conclusive upon all per-
sons for whom such guardian ad litem or next friend was
appointed.

Section 2. The cost of appearance of such guardian
ad litem or next friend, including the compensation of his
counsel, shall be determined by the court and paid as it
may order, either out of the estate or by the plaintiff or
petitioner, in which latter case execution may issue there-
for in the name of the guardian ad litem or next friend.

Section 3. Nothing herein contained shall be con-
strued to aflect or impair the power of any court to ap-
point a guardian ad litem or next friend under any existing
provisions of law. Approved June 2, 1896.

City of Newton
may pay certain
sum of money
to widow of
John A. Ken-
rick.

ChCLT>.4:51 ^^ ^^"^ "^^ AUTHORIZE THE CITY OF NEWTON TO PAY A SUM OF

MONEY TO SARAH F. KENRICK.

Be it enacted, etc., as follows:

Section 1. The city of Newton is hereby authorized
to pay to Sarah F. Kenrick, widow of John A. Kenrick,
deceased, late treasurer and collector of taxes of said city
of Newton, the balance of salary to which he would have
been entitled had he lived and continued to hold his office
until the thirty-first day of December in the year eighteen
hundred and ninety-six.

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

Apjiroved June 2, 1896.

Cha'pA5S An Act to legalize and confirm certain proceedings of the

TOWN OF PLAINFIELD.

Be it enacted, etc., as follotvs :

Section 1. The action of the town of Plainfield rela-
tive to the appropriation of money for telephone service,
taken at the annual meeting of said town held on the
second day of March in the year eighteen hundred and

Certain pro-
ceedings of
town meeting
confirmed.

Acts, 1896. — Chap. 459. 449

ninety-six, is hereby legalized and confirmed, ])ut nothing
herein contained shall authorize or empower said town to
construct or maintain a telephone line.

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

Approved June 2, 1896.

ChapAm

An Act providing fob the appointment of an official ste-
nographer FOR THE SUPERIOR COURT, CRIMINAL SESSION, IN THE
COUNTY OF SUFFOLK.

Be it enacted., etc, , as follows :

Section 1. The justices of the superior court or a omciai
majority of them may appoint a stenographer for the mty°brap-'"^
session of said court held for the transaction of criminal BupeHo/court,
business within and for the county of Suffolk. The stenog- gel^LT.'suffoik
rapher so appointed shall be a sworn officer of said court county.
and shall receive an annual salary of twenty-five hundred
dollars to be paid by said county.

Section 2. Said stenographer shall attend the sessions Duties.
of said court, and when requested by the presiding justice,
or by the district attorney, or by the defendant, shall take
stenographic notes of all the evidence, the rulings of the
presiding justice and the charge of the court given at any
trial therein. Said stenographer, when requested by said
justice, shall read from such notes, in open court, any
portion of the testimony so taken, and when requested
shall furnish said justice, at the expense of the county, a
transcript from such notes, fully written out, of such part
of the testimony, rulings or charge as may be desired, and
upon request shall furnish to the district attorney or to
the defendant, within a reasonable time, a like transcript,
upon payment of ten cents a hundred words for each copy
so furnished. Transcripts furnished the presiding justice
shall be paid for at the same rate and taxed as other
costs.

Section 3. The stenographer appointed under the pro- to perform
visions of this act, when not employed in said court, shall requ^ired'i!^^"'*'
perform such service as stenographer as may be required nlyretc?""''
by the district attorney, and shall receive the same com-
pensation for transcripts as is provided for in the preced-
ing section.

Section 4. The stenographer appointed under the May appoint
provisions of this act may, with the approval of any jus- «««'«»■">*"'«'<'•
tice of said court, appoint one or more assistants, who
shall be sworn ; but no additional compensation shall

450 Acts, 1896. — Chap. 460.

be paid or expense incurred by reason of such appoint-
ment.
stenographer SECTION 5. The presidine; iustice of any session for
pointed to Criminal business which is of special or temporary charac-

attend at certain , -i-tj.- -^j^ i j

BCBsionB, etc. tcr may, m his discretion, appoint a stenographer or ste-
nographers to attend therein, with the duties prescribed
in section two of this act ; and the stenographers so ap-
pointed shall be sworn officers of the court, and shall
receive for attendance the per diem compensation pro-
vided by law for official stenographers in the civil sessions
of the superior court in other counties than Suffolk, and
for transcripts the same compensation provided in section
two of this act.

Official Section 6. With the consent of the court the official

stenograpners

may interchange steiiographcrs appointed uudcr this act may interchange
services with or perform the duties of any other official
stenographer of the superior court in any county.
7romTteno- Section 7. Trauscripts from stenographic notes duly

beTec'elvTd aV° taken iu the superior court under statute authority, veri-
evidence, etc. fied by the Certificate of the official stenographer, or assist-
ant, taking the same, shall be received as evidence of
testimony given, whenever proof of such testimony is
otherwise competent.
Removals. Section 8. The justiccs of said court or a majority

of them may remove said stenographer at any time, and
may fill the vacancy caused by such removal or otherwise.

Ajyproved June 2, 1896.

ChanAGO ^^ -^^"^ '^^ incorporate the malden trust company.

Be it enactedy etc., as follows:

Company'"^' Section 1. Wilkrd B. Ferguson, Phineas W. Sprague,
incorporated. William B. Buckmiustcr, Frank J. Perkins, John G.
Chandler, James F. Shaw, Charles L. Dean, Daniel P.
Wise, Peter Grafi'am, their associates and successors, are
hereby made a corporation by the name of the Maiden
Trust Company, with authority to establish and maintain
a safe deposit, loan and trust company in the city of
Maiden ; with all the powers and privileges and subject
to all the duties, liabilities and restrictions set forth in all
general laws which now are or may hereafter be in force
relating to such corporations.

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

Approved June 5, 1896.

Acts, 1896.— Chaps. 461, 462, 463. 451

An Act to incorporate the j)Orchester safe deposit and Qf^n^y Agl

TRUST COMPANY. ^

Be it enacted, etc., asfoUoivs:

Section 1. Charles L. T. Stedman, Charles E. Cum- Dorchester safe
inp^s, Frederic W. Connolly, George I. Robinson, Junior, TrusTcompany
Thomas H. Brackett, George Foster, and James L. Hil- *°'^°'^P°'-'»^«d.
lard, their associates and successors, are hereby made a
corporation by the name of the Dorchester Safe Deposit and
Trust Company, with a capital stock of not less than two
hundred thousand dollars, with authority to establish and
maintain a safe deposit, loan and trust company in that
part of the city of Boston known as Field's Corner ; with all
the powers and privileges and subject to all the duties,
liabilities and restrictions set forth in all general laws
which now are or may hereafter be in force relating to
such corporations.

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

Apjjroved June 5, 1896.

Cha2)A62

An Act to authorize the towns of chklmsford, Carlisle and
dunstable to unite for the employment of a superin-
TENDENT or SCHOOLS.

Be it enacted, etc. , as follows :

Section 1. The towns of Chelmsford, Carlisle and Z^iVCeln^
Dunstable shall have the same power to unite for the pur- employment of
pose oi the employment of a superintendent of schools, tendentof
and the same right to receive an allowance from the state
treasury under the provisions of chapter four hundred and
thirty-one of the acts of the year eighteen hundred and
eighty-eight and of acts in amendment thereof, which they
would have if said towns contained twenty-five schools, and
they shall be subject to the same duties and liabilities.

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

Approved June 5, 1896.

An Act to incorporate the hi-de park trust company. C'Jiar) 463

Be it enacted, etc., as folloivs:

Section 1. Amos H. Brainard, Robert Bleakie, John nydePark
S. Bleakie, Stephen B. Balkam, A. S. Raymond, Thomas incorporated""^
T. Robinson, Wilbur H. Powers, Frederick N. Tirrell, their
associates and successors, are hereby made a corporation

452 Acts, 1896. — Chaps. 464, 465.

by the name of the Hyde Park Trust Company, with au-
thority to establish and maintain a safe deposit and trust
company in the town of Hyde Park ; with all the powers
and privileges and subject to all the duties, liabilities and
restrictions set forth in all general laws which now are or
may hereafter be in force relating to such corporations.
Section 2. This act shall take effect upon its passage.

Approved June 3, 1896.

ChapA64:

An Act relative to the levy of executions on real estate.
Be it enacted, etc. , as folloivs :

p. s. 172. §45, Section 1. Section forty-five of chapter one hundred
and seventy-two of the Public Statutes is hereby amended
by striking out from the word " if", in the first line, to the
word " sale", in the sixth line, both inclusive, and insert-
ing in place thereof the words : — shall be considered as
made at the time when such land is taken, whether the
levy is made by set-off or by sale, and, — so as to read as

When levy Bhaii foUows : — Sectioji 45. Thc levy shall be considered as

be considered as i. iii'i

made. made at the tmie when such land is taken, whether the

levy is made by set-off or by sale, and the subsequent pro-
ceedings and the officer's return thereof shall be valid,
although made and done after the return day or after the
removal or other disability of the officer.

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

Ap2)roved June 5, 1896.

ChapAQ5 ^^ ^^'^ "^^ better define the authority of the metropolitan

PARK COMMISSION.

Be it enacted, etc. , as folloivs :

fegervauonsTn*^ Section 1. Whenever by reason of a taking by the
certain takings Commonwcalth throuffh its metropolitan park commission,

by the Common- -, .. ^-. *, ^ . . it

wealth to be duly coucurrcd in according to law, an existing public
vah , etc. street is so affected that the public rights therein might

otherwise be abridged, either by being wholly or in part
included within the taking, any and all exceptions and res-
ervations made in said taking in favor of any municipality
within which said street or any part thereof may lie, and
of the public, and of any corporations and individuals
(said taking being accompanied by a plan showing the
land included therein and the street so affected), shall be
valid, effectual and binding ; and in order to insure to the
parties from time to time concerned the full and perfect

Acts, 1896. — Chap. ^65. 453

enjoyment of the uses thereby reserved said board is
hereby authorized and empowered from time to time to
make grants or conveyances of easements, to enter into
agreements, to issue licenses, and generally to conclude
arrangements to that end, all in its discretion ; but no
such grant, agreement, license or arrangement shall be
taken or held to abrogate or abridge the control of said
board over the land included in said taking except as in
said exceptions and reservations provided, or the right of
said board from time to time in its discretion to make rules
and regulations for the government and use of any road-
way, boulevard or crossway, which may at any time here-
after be laid out and maintained over said land or over any
portion thereof, not inconsistent with such exceptions and
reservations.

Section 2. Said commission is hereby authorized and p";® ^"'i ^°P-

, ,*^,.,,. trol or certain

empowered to transfer tor care and control, including lands, etc
police protection, any lands or rights or easements or in-
terest in land, although the same be a roadway or boule-
vard owned or controlled by it, to any city, town or
county, or local board of a city or town within the metro-
politan parks district, with the consent of such city, town,
county or board, and upon such terms and for such period
us may be mutually agreed upon, and to enter into an
agreement with any such city, town or county or board for
the joint care and control or police protection of said land
or boulevard, and also for laying out, constructing and
maintaining streets or ways into or across any such land
or boulevard ; and any city, town or county, or any local
board within the metropolitan parks district, is hereby
authorized and empowered to transfer for care and control,
including police protection, any land, rights, easements or
interest in land in its control, although the same be already
a part of a public street owned or controlled bj^ it, to the
metropolitan park commission for such period and upon
such terms as may be mutually agreed upon, and to enter
into an agreement with said commission for the joint care
and control, including police protection, of said land or
street.

Section 3. Said commission is hereby authorized to CommiBsion
join with any city, town or county in the laying out, im- ™rie8i°towT8?
provement, relocation, widening, repairing, maintaining out.'rep^rinl,
and caring for any public street, way, bridge or stream n£\iallrlltB
which lies along or connects any lands, roadways or etc.

454 Acts, 1896. — Chap. 466.

boulevards, or any sewer, water pipe or other conduit in
such public street, way or bridge, or in or across any park,
road or boulevard, or park reservation or open space
owned or controlled by it, and in the expense of such work,
and for such purposes or any of them to make contribu-
tion to such city, town or county by a grant of land or
rights in land, although the same be already a roadway or
boulevard, or by payment of money for its portion of
such expense.

Section 4. This act shall take effect upon its passage.

Approved June 4, 1S96.

Chcip.4:GG ^^ -^CT INCREASING THE AMOUNT OF MONEY TO BE PI>ACED AT
THE DISPOSAL OF THE METROPOLITAN PARK COMMISSION FOR
GENERAL PURPOSES.

Be it enacted, etc., as foUoivs :

^aH5^°com""° Section 1. The metropolitan park commission, created

mission may by chapter four hundred and seven of the acts of the year
additional sum, eighteen hundred and ninety -three, for the purpose of
carrying out the provisions of said act and of all acts in
amendment thereof or in addition thereto, including chap-
ters four hundred and eighty-three and five hundred and
nine of the acts of the year eighteen hundred and ninety-
four, and chapter four hundred and fifty of the acts of
the year eighteen hundred and ninety-five, may expend
the further sum of one million dollars in addition to all
Treasurer to sums heretofore authorized to be expended by it; and to

issue scrip, etc. . t^ , '' ■,

meet expenditures incurred under authority of this act
the treasurer and receiver general shall issue a corre-
sponding amount of scrip or certificates of indebtedness
as an addition to the metropolitan parks loan, and shall
add to the existing sinking fund heretofore authorized to
provide for the payment of the same ; said scrip or certi-
ficates of indebtedness shall be issued and additions to
said sinking fund so established shall be assessed and
collected in accordance with the provisions of sections
nine, ten, eleven and twelve of said chapter four hundred
and seven of the acts of the year eighteen hundred and
ninety-three and the provisions of chapter two hundred
and eighty-three of the acts of the year eighteen hundred
and ninety-five.

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

Approved June 4, 1896.

Acts, 1896. — Chaps. 467, 468. 455

An Act in addition to an act making an appropriation for (JJidj) 457

CONTINUING THE WORK OF EXTERMINATING THE GYPSY MOTH.

Be it enacted^ etc. , as folloivs :

Section 1. The sum of ninety thousand dollars is Extermination
hereby appropriated, to be paid out of the treasury of moth!^^^*^
the Commonwealth from the ordinary revenue, to be ex-
pended under the direction of the state board of agricult-
ure for continuing the work of the extermination of the
gypsy moth, this amount to be in addition to the ten
thousand dollars appropriated by chapter three hundred
and thirty-six of the acts of the present year.

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

Apjjroved June 4, 1S96.

ChapAGS

An Act to incorporate the barnstakle county street rail
way company.

Be it enacted., etc., asfolloivs:

Section 1. Samuel L. Minot, "William B. Bacon, Abel ^^^^f/lt^eet
D. Makepeace, William S. Hixon, John Foster, Willard Railway com-
Howland, Albert D. Bosson, Horace B. Maglathlin, George porated.
F. Baker, William J. Ladd, Edward C. Perkins, Nathaniel
H. Stone and Benjamin F. Gibby, their associates and suc-
cessors, are hereby made a corporation under the name of
the Barnstable County Street Railway Company ; with all
the powers and privileges and subject to the duties, condi-
tions and restrictions set forth in all general laws which
now are or may hereafter be in force relating to street
railway companies, except as hereinafter provided.

Section 2. Said company is hereby authorized to May construct,

. , .J- ij •! •,! • -I etc., its railway

construct, maintain and operate a railway, with single in certain
or double tracks, and with convenient turn-outs and '°^°*-
switches, in part upon private land, which it may take
by purchase or lease, and over and upon such locations
in any streets or highways in the towns of Falmouth,
Mashpee and Barnstable as shall, subject to the provi-
sions of section seven of chapter one hundred and thirteen
of the Public Statutes, be fixed and determined by the
selectmen of said towns respectively. Said company may May acquire
acquire, by purchase or lease, all necessary real estate for estaTe?*^^ '^^'^^
its power station and for uses incidental to the proper
maintenance of its railway.

456

Acts, 1896. — Chap. 468.

Location.

Motive power,
etc.

May use rail-
way for trans-
portation of
freight, etc.

Capital stock.

May issue
bonds.

Proviso.

Bonds to be
approved, etc.

Section 3. The location of said railway outside of
public streets and highways shall not exceed fifty feet
in width.

Section 4. Said company may maintain and operate
said railway by any approved motive power other than
steam, and with the consent of the selectmen of the towns,
respectively, in which locations are granted as aforesaid,
may make such surface and underground alterations of the
streets and highways, and may erect and maintain such
poles and wires thereon, and may erect and maintain such
poles and wires on private lands acquired as aforesaid, as
may be necessary to establish and maintain such motive
power.

Section 5. Said company is hereby authorized to use
its railway for the transportation of freight and baggage,
subject to the provisions of chapter seventy-three of the
Public Statutes and of all laws relating to common carriers,
and to maintain such wharves, docks and other structures
connected therewith as may be by it deemed necessary for
the transaction of its business, subject to the provisions
of chapter nineteen of the Public Statutes.

Section 6. The capital stock of said company shall
not exceed one hundred thousand dollars, except that said
company may increase its capital stock subject to the gen-
eral laws applicable to such increase.

Section 7. Said company may from time to time by
vote of a majority in interest of its stockholders issue
coupon or registered bonds, for a term not exceeding
thirty years from the date thereof: provided, that no issue
of bonds shall be made unless there shall have been actually
paid in an amount of the capital stock equal to the arpount
of such issue. To secure payment of such bonds with
interest thereon said company may make a mortgage of
its road and franchise, and of any of its other property,
and may include in such mortgage property thereafter to
be acquired, and may therein reserve to the directors the
right to sell or otherwise in due course of business to dis-
pose of property included therein which may have become
worn, damaged or unsuitable for use in the transaction of
its business, provided that an equivalent in value is sub-
stituted therefor ; and such mortgage shall be deemed to
embrace the property so substituted. All bonds issued
shall first be approved by some person appointed by the
company for that purpose, who shall certify upon each

Acts, 1896. — Chap. 469. 457

bond that it is properly issued and recorded. All stock
and bonds authorized by this act shall be issued and dis-
posed of in accordance with the provisions of all general
laws relative to the issue of stock and bonds by street
railway companies.

Section 8. The provisions of this act shall become Portion of
void so far as relates to the rights of said company, if it con^ructed,*
shall not have constructed and put in operation at least five juiy i^rsQs?
miles of railway prior to the first day of July in the year
eighteen hundred and ninety-eight.

Section 9. Said company may purchase electricity May purchase
from any corporation organized under the laws of this ^ ®'^'""'y*
Commonwealth for the manufacture and sale of electricity
in the county of Barnstable.

Section 10. This act shall take efiect upon its passage.

Approved June 4, 1896.

An Act relative to elections, caucuses, voting lists, nom- (^JinYt 469

INATION PAPERS, AND RECORDS AND CERTIFICATES OF ELEC- *

TION.

Be it enacted, etc., as follows:

vSection 1. Section sixty-two of chapter four hundred amended ^^^'
and seventeen of the acts of the year eighteen hundred and
ninety-three is hereby amended by inserting after the word
" town ", in the second line, the words : — and in Boston
the board of election commissioners, — by inserting after
the word " register", in the sixth line, the words : — ex-
cept that in the city of Boston in the years designated for
general registration, the voting lists if deemed advisable
by the election commissioners may l)e prepared by streets,
— and by inserting after the w^ord " May", in the ninth
line, the words : — and in the city of Boston the age of
each male voter therein, — so as to read as follows : —
Section 62. The registrars of voters in each city and town, voting usts,
and in Boston the board of election commissioners, shall, arrangement,
from the names entered in the annual register of voters, *"•"•
prepare voting lists for use at the several elections to be
held therein. In such voting lists they shall place in al-
phabetical order the names of all voters entered on the
annual register, except that in the city of Boston in the
years designated for general registration, the voting lists
if deemed advisable by the election commissioners may
be prepared by streets, and they shall place opposite the

458 Acts, 1896. — Chap. 469.

name of each voter his residence on the preceding first
day of May, or at the time of his becoming an inhabitant
of such city or town after the first day of May, and in the
city of Boston the age of each male voter therein ; and
they shall place the names of women entered as voters in
separate columns or lists. In cities they shall pre})are
such voting lists by wards, and if a ward of a city or a
town is divided into voting precincts, they shall prepare
the same by precincts, and shall place upon the lists for
each ward or precinct, as the case may be, the names of
all voters having therein a residence as above-provided.
They shall place upon the voting lists no names not
entered in the annual register.

1893, 417, § 64, Section 2. Scctiou sixty-four of said chapter four
hundred and seventeen is hereby amended by inserting
before the word " twenty", in the second line, the words :
— except in the city of Boston, and in the city of Boston
the board of election commissioners, — and by inserting
after the word " Boston ", in the fifth line, the words : —
the board of election commissioners, except in the years
designated for preparing new general registers, — so as

Copies of voting ^q j.^^d as follows : — Section 64. The registrars of voters

lists to be , • 1 • (. -Tk

posted. m every city and town, except in the city oi Boston, and

in the city of Boston the board of election commissioners,
twenty days at least before the annual city or town elec-
tion, and in every city and town except the city of Boston,
thirty days at least before the annual state election, and
in the city of Boston the board of election commissioners,
except in the years designated for preparing new general
registers, twenty-four days at least before the annual state
election, shall cause to be posted in their principal office
and in one or more other public places in the city or town,
copies of the voting lists prepared in accordance with the
provisions of the preceding sections. In every city and
town divided into voting precincts, the registrars shall, in
addition, cause copies of the voting lists of each precinct
to be posted in one or more public places in the precinct.

amendld.^^^' Section 3. Scctiou sixty-fivc of said chapter four
hundred and seventeen is hereby amended by inserting
after the word " voters", in the fourth line, the words : —
and in Boston the board of election commissioners, — by
inserting after the word " registrars", in the eighth line,
the words : — or in the city of Boston the board of election
commissioners, — and by adding at the end of the section.

Acts, 1896. — Chap. 469. 469

the words : — In the city of Boston in the years designated
for preparing new general registers, as provided by sec-
tion six of chapter four hundred and forty-nine of the acts
of the year eighteen hundred and ninety-five, the l)oard
of election commissioners shall as often as once in each
week during the period of such general registration cause
to be printed in some one newspaper published in said
Boston such names, as near as may be, as shall have been
placed upon the general registers during the six days next
preceding the date of such publication, — so as to read as
follows : — Section 65. After the voting lists have been Additional

ii? XI- 1 ' 1. 1'j.i i^ y. names to be

prepared irom the annual register and copies thereoi have posted or pub-
been posted as provided in the preceding sections, the ^'^'*«"*' «'<=•
registrars of voters, and in Boston the board of election
commissioners, shall, within forty-eight hours after add-
ing a new name to the annual register, cause such name
to be added to the lists so posted in their principal office.
If, however, a city or town shall authorize the registrars,
or in the city of Boston the board of election commission-
ers, to publish the names so added to the register, they
may, instead of posting as aforesaid, cause all additional
names to be printed in some one newspaper published in
the city or town, or, if no newspaper is so published, then
in some one newspaper published in the county in which
such city or town is situated. In the city of Boston in
the years designated for preparing new general registers,
as provided by section six of chapter four hundred and
forty-nine of the acts of the year eighteen hundred and
ninety-five, the board of election commissioners shall as
often as once in each week during the period of such gen-
eral registration cause to be printed in some one newspaper
published in said Boston such names, as near as may be,
as shall have been placed upon the general registers dur-
ing the six days next preceding the date of such publi-
cation.

Section 4. Section seventy-two of said chapter four 1893. 417. § 72,
hundred and seventeen is hereby amended by inserting ''™®°'*®'*-
after the word " shall ", in the second line, the words : —
be issued not less than seven days prior to the day on
which said caucus is to be held, and shall state the place
where and the day and hour when the said caucus is to be
held, and shall be conspicuously placed or posted in at
least five places on a line or lines of public travel, and, if
practicable, in every post office within the city or town

460

Acts, 1896. — Chap. 469.

Notices of
caucuses.

Temporary
chairman ;
organization.

1893, 417, § 78,
etc., amenUed.

Komination
papers, sigua-
tures, etc.

wherein the caucus is to be held, or shall be published at
least twice in any one or more local newspapers, if any.
Said notice shall, — so as to read as follows : — Section
72. The notice for a caucus under the provisions of this
title shall be issued not less than seven days prior to the
day on which said caucus is to be held, and shall state the
place where and the day and hour when the said caucus is
to be held, and shall be conspicuously placed or posted in
at least five places on a line or lines of public travel, and,
if practicable, in every post office within the city or town
wherein the caucus is to be held, or shall be published at
least twice in any one or more local newspapers, if any.
Said notice shall designate by name or office the person
who shall call such caucus to order ; and the person so
designated shall call the caucus to order and preside until
a chairman is chosen. In case however the person so des-
ignated shall be absent at the time appointed, the caucus
may choose a temporary chairman to act in place of such
person. The organization of the caucus by the choice of
a chairman, secretary, and such other officers as the meet-
ing may require, shall be the first business in order.

Section 5. Section seventy-eight of said chapter four
hundred and seventeen as amended by section one of
chapter two hundred and sixty-two of the acts of the year
eighteen hundred and ninety-five is hereby amended by in-
serting after the word "any", in the fourth line, the
words : — except that any voter who is prevented from
writing by a physical disability or who had the right to
vote on the first day of May in the year eighteen hundred
and fifty-seven may authorize some other person to write
his name and place of residence in his presence, — by in-
serting after the word "town", in the eleventh line, the
words : — and in Boston the board of election commission-
ers, — by inserting after the word " are ", in the sixteenth
line, the words: — election commissioners or, — by in-
serting after the word "registrars", in the seventeenth
line, the words : — or said board of election commission-
ers, — and by inserting after the word " thereto ", in the
twenty-first line, the words : — and names upon nomina-
tion papers not certified in the first instance by the regis-
trars or board of election commissioners shall not there-
after be certified by them on the same nomination papers,
— so as to read as follows : — Section 78. Every voter
signing a nomination paper shall sign the same in person,

Acts, 1896. — Chap. 469. 461

and shall add to his signature his place of residence, with
the street and number thereof, if any ; except that any
voter who is prevented from writing by a physical disabil-
ity or who had the right to vote on the first day of May in
the year eighteen hundred and fifty-seven may authorize
some other person to write his name and place of resi-
dence in his presence ; and every voter may subscrilje to
as many nominations for each office to be filled as there are
persons to be elected thereto, and no more. Women women may
qualified to vote for members of the school committee may commmee/eto.
sign nomination papers for candidates for the school com-
mittee. Every nomination paper shall, before being filed,
be seasonably submitted to the registrars of voters of the
city or town, and in Boston the board of election commis-
sioners, in which the signers purport to be qualified voters,
and the registrars, or a majority of the board, to whom the
same is submitted, shall forthwith certify thereon the num-
ber of signatures which are names of qualified voters both
in the city or town for which they are election commission-
ers or registrars and in the district or division for which
the nomination is made. The registrars or said board of RegiBtrars'

& certificate, etc.

election commissioners shall not however be required in
any case to certify upon a nomination paper a greater
number of names than such number as is required to make
a nomination as aforesaid, with one fifth of such number
added thereto, and names upon nomination papers not cer-
tified in the first instance by the registrars or board of
election commissioners shall not thereafter be certified by
them on the same nomination papers, and the secretary of
the Commonwealth shall not be required in any case to
receive and file nomination papers after receiving and fil-
ing such papers containing a sufficient number of certified
names to make a nomination, with one fifth of such num-
ber added thereto. One of the signers to each separate oath of signer
nomination paper shall swear that the statements therein *'"^'
are true, to the best of his knowledge and belief, and the
certification of such oath and the post office address of the
signer shall be annexed to such paper.

Section 6. Section seventy-nine of said chapter four i«93, 417, § 79,
hundred and seventeen is hereby amended by inserting ''™*'"
after the word " words", in the seventh line, the words:
— All certificates of nomination shall also contain a state-
ment of what provision, if any, was made by the caucus
or convention for filling vacancies caused by the death,

462

Acts, 1896. — Chap. 469.

Contents of
certiticates of
nomination and
nomination
papers.

Designation in
certain cases.

withdrawal or ineligibility of candidates, — by inserting
after the word " term", in the twentieth line, the words :
— which name or term shall not be the name of any party
which cast at the last preceding election more than three
thousand votes for governor, — and by inserting before
the word " and ", in the twenty-third line, the words : —
which designation shall not be changed after being once
placed upon the paper, — so as to read as follows : —
Section 79. All certificates of nomination and nomina-
tion papers shall, besides containing the names of candi-
dates, specify as to each: (1) his place of residence with
street and number thereon, if any ; (2) the office for
which he is nominated; and (3), except as hereinafter
provided, the party or political principle which he repre-
sents, expressed in not more than three words. All cer-
tificates of nomination shall also contain a statement of
what provision, if any, was made by the caucus or con-
vention for filling vacancies caused by the death, with-
drawal or ineligibility of candidates. In the case of
electors of president and vice president of the United
States, the names of the candidates for president and vice
president may be added to the party or political designa-
tion. To the name of each candidate for the oflice of
alderman at large in a city shall be added the number or
letter of the ward in which the candidate resides.

If a candidate is nominated otherwise than by a political
party which at the preceding annual state election polled
for governoiT three per centum of the entire vote cast for
that office, the name of a party so polling three per centum
of such entire vote shall not be used in the party or politi-
cal designation of such candidate, except as describing and
preceding some other name or term, which name or term
shall not be the name of any party which cast at the last
preceding election more than three thousand votes for gov-
ernor ; and if so used in case of a candidate nominated by
a nomination paper, the designation of such candidate shall
consist of not more than two words, which designation
shall not be changed after being once placed upon the
paper ; and to such designation shall be added the words
"nomination paper", or, as abbreviated, " nora. paper".
Certificates of nomination and nomination papers for the
nomination of candidates for town offices may include a
designation of the party or principle which the candidate
represents, but no such designation shall be necessary.

Acts, 1896. — Chap. 469. 463

Section 7. Section two of chapter two hundred and Jejea!ed'. ^ ^'
fifty-three of the acts of the year eighteen hundred and
ninetj^-five is hereby repealed ; and section eighty-seven i893, 417, § 87,
of chapter four hundred and seventeen of the acts of the
year eighteen hundred and ninety-three is amended by
adding at the end thereof the words : — In case of vacan-
cies caused by withdrawal, certificates of nomination under
this section made otherwise than in the original manner
shall be filed in the ofiice of the secretary or clerk, as the
case may be, within a reasonable time, not exceeding
seventy-two hours after the last day and hour for filing
withdrawals, and they shall be open to objection in the
same manner, as far as practicable, as provided in section
eighty-five of this act, in regard to certificates of original
nominations. No vacancy caused by withdrawal shall be
filled before the withdrawal shall be duly filed in the office
of the secretary or clerk, as the case may be, — so as to
read as follows : — Section 87. In case a candidate who Nomination in
has been duly nominated for a state, city or town office, wTthdrlwaf,''''
shall die before the day of election, or shall cause his didateL'^'*"
name to be withdrawn from nomination, in accordance
with the provisions of this title, or shall be found in ac-
cordance with the provisions thereof to be ineligible to
the office for which he is nominated, the vacancy may be
supplied by the political party or other persons making
the original nomination, in the manner in which such
nomination was originally made ; or if the time is in-
sufficient therefor, then the vacancy may be supplied, if
the nomination was made by a convention or caucus, in
such manner as the convention or caucus has previously
provided for the purpose, or, in case no such previous
provision has been made, then by a regularly elected
general or executive committee representing the political
party or persons holding such a convention or caucus.
In case of vacancies caused by withdrawal certificates of certiflcateB of

1 , • -i ^ . , . nomination to

nomination under this section made otherwise than mi the be open to
original manner shall be filed in the office of the secretary °^^^''"*'°' *'"•
or clerk, as the case may be, within a reasonable time, not
exceeding seventy-two hours after the last day and hour
for filing withdrawals, and they shall be open to objec-
tion in the same manner, as far as practicable, as pro-
vided in section eighty-five of this act, in regard to
certificates of original nominations. No vacancy caused
by withdrawal shall be filled before the withdrawal shall

464

Acts, 1896. — Chap. 469.

1893, 417, § 149,
etc., amended.

State and city
elections,
posting of
instructions,
etc.

Delivery of
ballots to ballot
clerks.

Town elections,
posting of
instructions,
etc.

be duly filed in the office of the secretary or clerk, as
the case may be.

Section 8. Section one hundred and forty-nine of said
chapter four hundred and seventeen as amended by section
one of chapter two hundred and seventy-five of the acts
of the year eighteen hundred and ninety-five is hereby
amended by inserting after the word " held", in the forty-
first line, the words : — Pasters to be placed on the official
ballot shall be sul^ject to all the restrictions imposed by
sections seventy-nine and one hundred and thirty-two as
to the names, residences and political designations of can-
didates and the size of type in which the names shall be
printed, — so as to read as follows : — Section 149. The
presiding election officer at each polling place in a city or
town shall, on the day of any election of state or city
officers, before the opening of the polls, open the package
containing the cards of instruction, specimen ballots and
copies of any proposed amendments to the constitution,
which have been received for such polling place, and shall
cause not less than three such cards and three such copies,
if any, and not less than five specimen ballots to be posted
in and about the polling place outside the guard rail, and
shall also cause the cards of instruction and a copy of any
proposed amendment to be posted at or in each marking
shelf or compartment inside the guard rail ; and no other
poster, card, handbill, placard, picture or circular, except
a paster to be placed upon the official ballot, intended to
influence the action of the voter, shall be posted, circulated
or distributed in the polling place, in the building in which
the polling place is located, or on the walls thereof, or on
the premises on which the building stands, or on the side-
walk adjoining the premises where such election is being
held. The presiding election officer at each polling place
shall at the opening of the polls at any such election
publicly break the seals of the packages containing the
ballots for distribution at such polling place, open the
packages, and deliver the ballots to the 'ballot clerks.

In elections of town officers in towns, for which ballots
have by law been provided at the expense of the town,
the town clerk shall, on the day of election, before the
opening of the polls, cause not less than three cards of
instruction and not less than five specimen ballots to be
posted in or about the polling place outside the guard rail,
and shall cause cards of instruction to be posted at or in

Acts, 189(3. — Chap. 469. 465

each marking shelf or compartment inside the guard rail,

and no other poster, card, handliill, placard, picture or

circular, except a paster to be placed upon the official

ballot, intended to influence the action of the voter, shall

be posted, circulated or distributed in the polling place,

in the building in which the polling place is located, or on

the walls thereof, or on the premises on which the building

stands, or on the sidewalk adjoining the premises where

such election is being held. Pasters to be placed on the Pasters placed

official ballot shall be subject to all the restrictions imposed bai°o?8''to'be

by sections seventy-nine and one hundred and thirty-two ^i^^restricuona

as to the names, residences and political designations of

candidates and the size of type in which the names shall

be printed.

The town clerk shall likewise on the day of election. Delivery of
before the opening of the polls, deliver the ballots to the creX^recefpts,
l)allot clerks, who shall receipt therefor, and their receipt ^^'''
shall be preserved in the office of the clerk for the period
of one year. No such ballots shall, however, be delivered
to voters until a moderator has been chosen in the manner
provided by law.

Section 0. Section one hundred and seventy-nine of imendld.^"''
said chapter four hundred and seventeen is hereby amended
by inserting after the word " days ", in the second line, the
words : — and in the city of Boston the board of election
commissioners shall, within fifteen days, — by striking out
in the fifth and sixth lines, the words " commissioners of
insolvency", by inserting after the word "selectmen", in
the eleventh line, the words : — or by said board of election
commissioners, — by inserting after the word " clerk", in
the twelfth line, the words : — or by said board of elec-
tion commissioners, — by inserting after the w^ord " trans-
mitted", in the twenty-fourth line, the words: — by said
board of election commissioners, — and by inserting after
the word "clerks", in the thirtieth line, the words: —
and said board, — so as to read as follows : — Section 1 79. Returns of
The city or town clerk of every city and town shall, within taryf °*®"^
ten days, and in the city of Boston the board of election
commissioners shall, within fifteen days from the day of
any election therein for representative in congress, gov-
ernor, lieutenant governor, councillor, secretary, treasurer
and receiver general, auditor, attorney-general, clerk of
courts, register of probate and insolvency, sheriff", district
attorney, or senator, or for electors of president and vice

466 Acts, 1896. — Chap. 469.

president of the United States, transmit to the secretary
of the Commonwealth copies of the records of the votes
for such officers, which copies shall be certified by the
board of aldermen or the selectmen, or by said board of
election commissioners, as the case may be, and shall be
attested and sealed by the clerk, or by said board of elec-
Returns of votes ^Jq^^ couimissioners. The city or town clerk of every city

to county com- i 11 • ti • i • i ''

missioners and and town shall, in like manner, within ten days alter an
' election therein for county treasurer or register of deeds,
transmit to the county commissioners of the county for
which such officers are to be chosen, copies of the records
of the votes for such officers, certified, attested and sealed
as aforesaid ; and shall within ten days after an election
therein for county commissioner or special commissioners,
transmit to the clerk of the courts for the county the
records of the votes for such officers, so certified, attested
Returns of votea and Sealed; except that the records of the votes cast in
Suffolk/ ° the county of Suffolk for register of deeds shall be trans-
mitted by said board of election commissioners to the
board of aldermen of the city of Boston, and the records
of the votes cast in the city of Chelsea and the towns of
Revere and Winthrop in said county, for county commis-
sioner and special commissioners, shall be transmitted to
the clerk of the courts for the county of Middlesex.
m?tt^edYn en- The city and town clerks and said board shall transmit

eri° Midorsed ^^^ such copics of the Tccords of A^otcs in envelopes, upon
the outside of which they shall specify the offices for which
the votes were cast, and, in case officers are elected for
divisions of the Commonwealth, the divisions in which the
votes are cast.
aS^LdeV^' Section 10. Section four of chapter four hundred and

eighty-nine of the acts of the year eighteen hundred and
ninety-five is hereby amended by inserting after the word
"election", in the eleventh line, the words: — and until
their successors shall have organized, — so as to read as
wramittl'ls?''" follows : — SectioTi 4. Each political party shall in every
election, term, ^ard and towii annually elect a committee to be called in
the case of a town a town committee, and in the case of a
ward a ward committee, which shall consist of not less
than three persons, who shall hold office for one year from
the first day of January next following their election and
until their successors shall have organized, except that
whenever a ward committee shall be elected between the
first day of January and the first day of June, the mem-

Acts, 1896. — Chap. 469. 467

bers thereof shall hold office for one year from the first
day of June next following their election and until their
successors shall have organized.

The members of the several ward committees of a politi- ^ommmels'^'*
cal party in a city shall constitute a committee to be called organization.
a city committee. Each town committee shall annually,
on a date between the first day of January and the first
day of March following, and each city committee shall,
within thirty days from the l)eginning of their term of
ofiice, meet and organize by the choice of a chairman, a
secretary and a treasurer, and such other officers as they
may decide to elect.

Section 11. Section ten of chapter four hundred and amended ^^"'
eighty-nine of the acts of the year eighteen hundred and
ninety-five is hereby amended by inserting after the word
" meeting", in the tenth line, the words : — of a political
party, — so as to read as follows : — Section 10. Every caiiingof
caucus of a political party in a town or city shall be called <'''"°"*®*' ® '^•
by a written or printed notice specifying that the same is
to be held in accordance with the provisions of the caucus
act of eighteen hundred and ninety-five, and the provi-
sions thereof shall then apply to the conduct and proceed-
ings of any such caucus, but nothing herein shall prevent
the enforcement at such caucus of further regulations not
inconsistent with the provisions of this act. Except as
above-provided, no caucus or meeting of a political party
shall be entitled to nominate a candidate for a public office,
whose name shall be placed on the ballots provided in ac-
cordance with the provisions of chapter four hundred and
seventeen of the acts of the year eighteen hundred and
ninety-three and acts in amendment thereof and in addi-
tion thereto, or shall be entitled to select delegates to a
political convention for the nomination of a candidate,
whose name shall be placed on the ballots so provided,

Sectiox 12. Section three of chapter five hundred and ^^^^> ^'^l- § ^•

/. , 1 ^ , . , 1 1 T amended.

seven oi the acts oi the year eighteen hundred and ninety-
five is hereby amended by inserting in the fifth line, after
the word "election", the words: — shall be called and
held as herein provided and, — and by inserting in the
twenty-second line, after the word " clerk ", the w^rds : —
or in the city of Boston the board of election commis-
sioners,— so as to read as follows: — Sections. All "Certain
caucuses of a political party in said cities and towns for teid on same
the choice of candidates to be voted for at a city or town '^^^'

468

Acts, 1896. — Chap. 469.

Proviso.

City or town
committee to
determine days,
etc.

Party first filing
copy of call
entitled to
precedence.

1895, 507, § 7,
amended.

Nominations to
be made by
nomination
papers.

Signatures.

To be members
of party.

To sign in
person, etc.

election, and for the choice of delegates to a convention
to nominate candidates to be voted for at a city or town
election, shall be called and held as herein provided and
shall be held on the same day in each city and town,
except such caucuses as relate to a special election : pro-
vided, however, that in said cities or towns caucuses for
the choice of delegates to a convention to nominate can-
didates to be voted for by the citj^ or tow^n at large may
be held upon a difierent day from the other caucuses
above-mentioned. All caucuses for the choice of a ward
committee shall be held on the same day, which may be
the same as the day for holding caucuses for the choice
of candidates to be voted for at a city election. The city
or town committee shall determine the days upon which
all the caucuses mentioned in this section shall be held,
and all calls for the same shall be issued by the chairman
and secretary of the city or town committee.

No two political parties shall hold their caucuses on the
same day. The party first filing with the city or town
clerk, or in the city of Boston the board of election com-
missioners, a copy of the call for a caucus shall be entitled
to precedence on the day named

Section 13. Section seven of chapter five hundred
and seven of the acts of the year eighteen hundred and
ninety-five is hereby amended by adding at the end of the
section the words : — No nomination paper offered for fil-
ing shall be received or deemed to be valid unless there
shall be presented for filing with such nomination paper
the written acceptance of the candidate or candidates for
an elective ofiice thereby nominated, — so as to read as
follows : — Section 7. Nominati(ms by members of a
political party of candidates for elective ofiices, for dele-
gates to a convention, for caucus ofiicers, and for a
ward or town committee to be voted for at a caucus,
shall be made b}'^ nomination papers, as hereinafter pro-
vided.

Such papers shall contain the signatures of not less
than five legal voters of the ward or town in which the
caucus is to be held.

Said voters shall be members of the political party
whose caucus is to be held.

Every voter signing a nomination paper shall sign the
same in person, and shall add to his signature the street
and number, if any, of his residence.

Acts, 1896. — Chap. 470. 469

Nomination papers placinoj candidates in nomination Number of

1,, . J • ^ 1 X" jy Tij names limited.

shall not contain a larger number ot names oi candidates
than there are persons to be elected. They may contain
a less number.

No nomination paper ofiered for filing shall be received ^cl'trbe"^^*^
or deemed to be valid unless there shall be presented for presented with

... . '■ nomination

filing with such nomination paper the written acceptance papers.
of the candidate or candidates for an elective office thereby
nominated.

Section 14. Section thirty of chapter five hundred ^^g^i^e^' ^ ^*^'
and seven of the acts of the year eighteen hundred and
ninety-five is hereby amended by striking out all of said
section and inserting in place thereof the following : —
Section 30. In the case of a newly incorporated city, or Appointment
in the case of re-division into wards of a city to which the offlife"rrto serve
provisions of this act apply, at the first caucuses held in ?J ^ ng^^" """^
the next succeeding year the caucus officers to serve in incorporated

1111 'xiii • • 1 eity or a

such caucuses shall be appomted by the city committee; redivision into
and at the aforesaid caucuses the regular caucus officers ^"'■*^*"
shall be chosen as hereinbefore provided. Each officer so
chosen shall hold office for one year from the first day of
October succeeding his election and until his successor is
elected. In case of such re-division of a city into wards
any political party may in the next succeeding year elect
its ward committees, to serve for such terms, not exceed-
ing the length of the terms for which the former com-
mittees were chosen, as the city committee existing at the
time of calling the caucuses may determine, and thereafter
shall elect such committees at the times and for the terms
prescribed by law.

Section 15. This act shall take eflect upon its passage.

Apprd^ed June 4, 1896.

CJiapAlO

An Act relative to the surrender value of endowment

policies.

Be it enacted^ etc.., as follows:

Section seventy-six of chapter five hundred and twenty- 1894, 522, § 76,
two of the acts of the year eighteen hundred and ninety- ^""^^
four is hereby amended by striking out in the thirty-fifth,
thirty-sixth and thirty- seventh lines, the words '■'■ provided,
that from the surrender value of all endowment policies
the company may deduct five per cent.", and by striking
out in the forty-fifth and forty-sixth lines, the words

470

Acts, 1896. — Chap. 470.

Non-forfeiture
of policies.

Paid up and
cash surrender
values.

Policies to have
a surrender
value.

Payment to be
in cash, etc.

^^ provided, that from such net value of all endowment
policies the company may deduct five per cent.", so as
to read as follows : — /Section 76. All policies hitherto
issued by any domestic life insurance company shall be
sul)ject to the provisions of law applicable and in force at
the date of such issue. No policy of life or endowment
insurance hereafter issued by any such company shall
become forfeit or void for non-payment of premium after
two full annual premiums, in cash or note, or both, have
l)een paid thereon ; but in case of default in the payment
of anj' subsequent premium, then, without any further
stipulation or act, such policy shall be binding upon the
company for the amount of paid up insurance which the
then net value of the policy and all dividend additions
thereon, computed by the rule of section eleven, less any
indebtedness to the company on account of said policy,
and less the surrender charge provided herein, will pur-
chase as a net single premium for life or endowment
insurance maturing or terminating at the time and in the
manner provided in the original policy contract ; and such
default shall not change or afl'ect the conditions or terms
of the policy, except as regards the payment of premiums
and the amount payable thereon. Said surrender charge
shall ])e eight per cent, of the insurance value of the policy
at the date of default, which insurance value is the present
value of all the normal future yearly costs of insurance,
which by its terms said policy is exposed to pay in case of
its continuance, computed upon the rate of mortality and
interest assumed in section eleven. Every such policy,
after the payment of two full annual premiums thereon, or
when ])y its terms it has become paid up, shall have a sur-
render value which shall be its net value, less the surrender
charge, and less any indebtedness to the company on
account of the said policy, and its holder may, upon any
subsequent anniversary of its issue, surrender the same
and claim and recover from the company such surrender
value in cash. On policies of prudential or industrial in-
surance on which the weekly premiums are not more than
fifty cents each, the surrender value in all cases shall be
payable in cash. Upon surrender, on any anniversary of
its issue, of a policy which has become paid up after the
payment of two full annual premiums, by force of the
statute, upon default in payment of premium, the holder
shall be entitled to its net value, payable in cash. But no

Acts, 1896. — Chaps. 471, 472. 471

surrender of a policy shall be made without the written
assent of the person to whom the policy is made payable.
Any condition or stipulation in the policy or elsewhere,
contrary to the provisions of this section, and any waiver
of such provisions by the insured, shall be void.

Approved June 4, 1896.

An Act to authorize the town of shaeon to make an ad-
ditional WATER LOAN.

ChapAll

Be it enacted, etc., as follows .•

Section 1. The town of Sharon, for the purposes Sharon water
mentioned in chapter two hundred and forty-one of the
acts of the year eighteen hundred and ninety-four, and
for the further extension and maintenance of its water
supply system, may issue bonds, notes or scrip from time
to time to be denominated on the face thereof, Sharon
Water Loan, to an amount not exceeding ten thousand
dollars in addition to the amounts heretofore authorized
by law to be issued by said town for the same purposes. ■
Said bonds, notes or scrip shall be issued upon the same
terms and conditions and with the same powers as are pro-
vided in said act for the issue of the Sharon water loan by
said town : provided, that the whole amount of said bonds. Proviso,
notes or scrip issued by said town, together with those
heretofore issued for the same purposes, shall not exceed
the sum of one hundred and fifty-five thousand dollars.

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

Approved June 4, 1896.

CJiapA72

An Act increasing the amount of monev placed at the dis-

!'OSAL OF the METROPOLITAN PARK COMMISSION FOR THE CON-
STRUCTION OF ROADWAYS AND BOULEVARDS.

Be it enacted, etc., as folloivs :

Section 1. The metropolitan park commission, ere- Metropolitan
ated by chapter four hundred and seven of the acts of the series Two!
year eighteen hundred and ninety-three, may, for the pur-
poses of constructing roadways and boulevards under the
authority of chapter two hundred and eighty-eight of the
acts of the year eighteen hundred and ninety-four and of
any acts in amendment thereof or in addition thereto, ex-
pend the further sum of five hundred thousand dollars in
addition to all sums hitherto authorized to be expended by
it, for the purposes of constructing such roadways and

472 Acts, 1896. — Chap. 473.

boulevards ; and to meet any expenditure under the author-
ity of this act the treasurer and receiver general shall issue
a corresponding amount of scrip or certificates of indebted-
ness or bonds as an addition to the Metropolitan Parks
Sinking fund, Loau, Scrics Two. The sinking fund already established
by law shall also be maintained for the purpose of extin-
guishing scrip, certificates or bonds issued under the
authority of this act. Any premium realized on the sale
of said scrip or certificates or bonds shall be applied to
the payment of the interest on the loan hereby authorized,
as it accrues. Said scrip or certificates of indebtedness or
bonds shall be issued and said sinking fund assessed and
collected in accordance with the provisions of said chapter
two hundred and eighty-eight of the acts of the year
eighteen hundred and ninety-four.

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

Approved June 4^ 1896.

GhCtT) 473 ^^ -^^^ RELATIVE TO THE ISSUE OF STOCKS AND BONDS liY GAS

AND ELECTRIC LIGHT COMPANIES.

Be it enacted^ etc., as foUoivs :

n'^ht'Tom^mTs^"'' Section 1. Whenever, upon the application of any gas
sioners may or clectric lio'ht compauy to the board of gas and electric

prescribe con- -,. , , •"- • /• • • j • -^ i

ditious, etc., to light commissioucrs tor permLssion to issue new capital
stoc'k'^inTenain stock or bouds, puTsuaut to chapter four hundred and fifty
caaea. ^^ ^1^^ ^^^^ ^^ ^^^ year eighteen hundred and ninety-four,

the board shall determine that the fair structural value
of the plant of such company is less than its outstanding
stock and del)t, the board, if it shall approve an issue of
new stock or bonds, may prescribe to the company such
conditions and requirements as it deems best adapted to
repair the capital stock within a reasonable time, or, be-
fore allowing an increase, may require the capital stock to
be reduced by a prescribed amount, not exceeding the
amount of impairment ; which amount of impairment and
the conditions and requirements imposed shall be stated in
the annual report of the board. The supreme judicial
court or the superior court, on the application of the board
or of any interested party, may compel such company, by
any ap]n-opriate process, to comply with any condition or
requirement prescribed as aforesaid.

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

Apjiroved June 4, 1896.

Acts, 1896. — Chap. 474. 473

An Act to authorize the enfield and longmeadow electkic nhnr) 474

RAILWAY COMPANY TO EXTEND ITS RAILWAY ACROSS THE STATE
LINE, TO AND INTO THE CITY OK SPRINGFIELD.

jBe it enacted, etc., as folloius :

Sectiox 1. The Enfield aud Longmeadow Electric The Enfieid and
Railway Coinpany of Enfield in the state of Connecticut E°e°c!Hc R<?i7
is hereby authorized to extend its tracks and wires across may ex"ndu^
the state line, into and through the town of Lono-meadow f'^cbs, etc.,

y . r. 1 • 1 • *"'° Long-

in this Commonwealth, to and into the city ot Springfield, meadow and

with power to construct, maintain and operate a street rail- ^"°^ ^
way by electricity or other power, except steam power,
with suitable tracks and turn-outs of the standard gauge,
upon and over Longmeadow street in the town of Long-
meadow, and upon and over Main street in said Spring-
field, extending from the Longmeadow line to Gardner
street, and upon and over Gardner, AVater and Hampden
streets in said Springfield : provided, hoivever, that said Proviso.
company shall not so construct its railway through said
streets until it shall obtain permission to do so by obtain-
ing from the selectmen of the town of Longmeadow and
from the board of mayor • and aldermen of the city of
Springfield, respectively, a location of its tracks under the
provisions of the general laws relating to street railways.

Section 2. Said company shall, as to that part of its subject to ^
road in this Commonwealth, be subject to and shall com- ?awe'etc?°*'*'
ply with all the general laws which now are or hereafter
may be in force relating to street railways, and shall be
subject to the jurisdiction and supervision of the board
of railroad commissioners to the same extent as if incor-
porated under the general laws of this Commonwealth.

Section 3. For the purposes aforesaid, and for any capital stock,
other purpose specified in chapter three hundred and six-
teen of the acts of the year eighteen hundred and eighty-
nine, said company may from time to time issue its capital
stock and bonds ; but only such amounts of stock and
bonds shall be issued and for such purposes only as have
been authorized l)y the board of railroad commissioners
under chapter four hundred and sixty-two of the acts of
the year eighteen hundred and ninety-four and any other
laws applicable thereto.

Section 4. Before doing business in this Common- to appoint
wealth said company shall, by a duly executed instrument of?orpo"ation8
filed in the office of the commissioner of corporations, auomVy.'etc.

474

Acts, 1896. — Chap. 475.

Service of
process.

Injunction may
isBiie under
certain
conditions.

Portion of
railway to be
taxed as real
estate.

To be subject
to alteration,
etc.

appoint said commissioner or his successor its true and
lawful attorney, upon whom all lawful processes in any
action or legal proceeding against it may be served ; and
shall stipulate therein that any lawful process against it
which is served on its said attorney shall be of the same
legal force and validity as if served on said company, and
that such authority shall be irrevocable so long as any
liability of said company remains outstanding in this
Commonwealth. Service of such process shall be made
by leaving the same in the hands or office of said com-
missioner. Copies of said instrument certified by the
commissioner shall be deemed sufficient evidence thereof,
and service upon the commissioner shall be deemed suffi-
cient service upon said company.

Sectiox 5. In case the said company shall fail to
comply with the provisions hereof, or with the laws of
the Commonwealth hereby made applicable to it, or with
any lawful orders or requirements of the board of railroad
commissioners, an}^ court having jurisdiction in equity, on
the application of the attorney-general or of the board of
railroad commissioners, may issue an injunction restrain-
ing the further operation of the railway of said company
in this Commonwealth until said company shall comply
with such provisions of law and the lawful requirements
and orders of said board.

Section 6. So much of the railway of said company
and of the wires and poles connected therewith as shall be
in this Commonwealth shall, so long as owned by said
company, l)e taxed as real estate i-n the town or city in
which it is located.

Section 7. This act shall ])e subject to alteration,
modification or repeal by the legislature.

Section 8. This act shall take eflect upon its passage.

Approved June 4, 1896.

ChCip.4:75 -^ ^CT TO CHANGE THE NAME OF THE SECOND UNIVERSALIST

SOCIETY OF UANVEKS

Be it enacted, etc., asfoUoivs:
Name changed. Section 1. The name of The Second Universalist
Societ}^ of Danvers, a religious society organized under
that name on the sixth da}^ of A})ril in the year eighteen
hundred and thirty-two, and which has also been known
as The Universalist Society of South Danvers, The First

Acts, 1896. — Chaps. 476, 477. 475

Universalist Society of South Dauvers and the First Uni-
versalist Parish of Peabody, is hereby changed to The First
Universalist Parish of Peabody, and all acts and doings
of said society under any of said names are hereby con-
firmed.

Section 2. All devises, bequests, conveyances and ^uJetTet^c!
gifts heretofore or hereafter made to said corporation
under any of said names shall vest in The First Univer-
salist Parish of Peal^ody.

Section 3. This act shall take efiect upon its passage.

Approved June 4, 1896.

An Act providing for the appointment of special commis- CjJinij 475

SIONERS

Be it enacted^ etc. , as foUoivs :

Section 1. The governor, by and with the advice and Appointment

^ o ' ./ _ of women as

consent of the council, may appomt women over twenty- special com.

^ . 1 "^ '^ '^. . -\ i\ T ' missioners.

one years 01 age special commissioners, and alter being
duly qualified they may legally perform all acts pertain-
ing to that office as specified in chapter two hundred and
fifty-two of the acts of the year eighteen hundred and
eighty-three and in chapter one hundred and ninety-seven
of the acts of the year eighteen hundred and eighty-
nine.

Section 2. If any woman holding a commission as a commission to

. , . . , . J i^ 1 j^i • j^ 1 n terminate under

special commissioner by appointment under this act shall certain con-
change her name by marriage or otherwise her commis- '^"'°°*-
sion shall thereby terminate ; but such marriage shall
not disqualify her for reappointment at any time there-
after.

Section 3. This act shall take eflect upon its passage.

Approved June 4, 1896.

An Act to authorize towns to appropriate money for the

PURPOSE of marking SPOTS OF HISTORIC INTEREST.

Be it enacted, etc., as foUoivs :

Section 1. Towns may at any annual meeting held Jp^J^oprTate
before the first day of January in the year nineteen hun- "^^^fy ^°'' ,

•. £' 4.\ c ^ marliiDg spots

dred and two appropriate money tor the purpose 01 mark- of historic
ing spots of historic interest within their limits.

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

Approved June 4, 1896.

ChapAll

476 Acts, 1896. — Chaps. 478, 479.

ChanA78 An act to authorize the city of MARLBOROUGH TO MAKE AN

ADDITIONAL WATER LOAN.

Be it enacted, etc., as follows:
Marlborough SECTION 1. The City of Marlborough, for the purpose

of meeting the expense of complethig its additional water
supply authorized by chapter three hundred and eighty-six
of the acts of the year eighteen hundred and ninety-two
and of extending, increasing and improving its water
supply and water service, may borrow money from time
to time and may issue negotiable notes, bonds or scrip
therefor, to an amount not exceeding in the aggregate
fifty thousand dollars in addition to the amount of indebt-
edness which said city has heretofore been authorized to
incur. Such bonds, notes or scrip shall be signed by the
treasurer of said city and countersigned by the mayor,
and shall be denominated on the face thereof, Marlborough
Water Loan, Act of 1896, shall be payable at the expira-
tion of periods not exceeding thirty years from the date
of issue, and shall bear such rate of interest, not exceeding
six per cent, per annum, as the city council shall determine.
The said city may sell such securities at public or private
sale, or pledge the same for not less than the par value
thereof for money borrowed for the purposes aforesaid,
upon such terms and conditions as it may deem proper,
and may make payable annually a fixed proportion of the
principal of said bonds, notes or scrip ; and said city shall
annually raise by taxation the amount required to meet
such interest and the proportion of the principal ]:)ayable
annually. The sinking funds of any loans of said city may
be invested in said bonds, notes or scrip.

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

Approved June 4, 1896.

CJl<X7).4:7Q An Act to authorize the city ok fall river to incur in-
debtedness FOR sewerage purposes.

Be it enacted, etc., as folloivs :
^5^'u.°°^"'' Section 1. The city of Fall River, for the purpose of

iDdebtednesa . '' ,. . ^ '-

beyond debt constructino; sewcrs and extendmjj its seweraije system,

limit ot/. . » 1 • 1 1 1 • •

may incur indebtedness beyond its debt limit to an amount
not exceeding one hundred thousand dollars, and may
issue bonds, notes or scrip therefor. Said bonds, notes
or scrip shall be payable within such period, not exceeding

limit, etc.

Acts, 1S96. — Chaps. 480, 481. 477

thirty years from the date thereof, and shall bear such rate p. s. 29, etc., to
of interest, as the city council shall determine. Except ^^^'^*
as herein otherwise provided the provisions of chapter
twenty-nine of the Public Statutes and acts in amend-
ment thereof and in addition thereto shall, so far as
applicable, apply to the indebtedness hereby authorized
and to the securities issued therefor.

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

Approved June 4, 1896.

An Act relative to station records required to be kept by Q/idr), 4^S0

COMPANIES engaged IN THE SUPPLY EITHER OF GAS OR OF

electricity for lighting.

Be it enacted, etc. , as foUoivs :

Section 1 . Chapter three hundred and fifty-six of the i896, ase,
acts of the current year is hereby amended by striking out *™®°«^®'^-
the word "and", in the fourth line of the first section
thereof, and inserting in place of the same the word : —
or, — so that said section shall read as follows : — Com- Manufacturers
mencing on the first day of July in the year eighteen uiSty'tokeep
hundred and ninety-six every person, corporation or mu- certain records.
nicipality engaged in the manufacture or sale of gas or
electricity for lighting shall keep such records of its work
and doings at its manufacturing station, and in respect to
its distributing plant, as the board of gas and electric light
commissioners may from time to time require ; and said
records shall be in such form as may be prescribed by
said board.

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

Approved June 4, 1896.

ChapA^l

An Act relative to the construction of state highways.
Be it enacted, etc., as foUoivs :

Section 1. The Massachusetts highway commission construction of
is hereby authorized to expend a sum not exceeding six ^'ate higiiways.
hundred thousand dollars for the construction of state
highways, in accordance with the provisions of chapter
four hundred and seventy-six of the acts of the 3^ear
eighteen hundred and ninety-three and chapter four hun-
dred and ninety-seven of the acts of the year eighteen
hundred and ninety-four.

Section 2. No persons except citizens of this Common- oniy citizens of
wealth shall be employed on the work authorized by this act. weauH^be'

employed.

478 Acts, 1896. — Chap. 482.

stable Highway SECTION 3. Foi the purposG of meeting any expenses
which may be incurred under the provisions of this act
the treasurer and receiver general is hereby authorized,
with the approval of the governor and council, to issue
scrip or certificates of inde])tedness to an amount not
exceeding six hundred thousand dollars, for a term not
exceeding thirty years. Said scrip or certificates of in-
debtedness shall be issued as registered bonds or with
interest coupons attached, and shall bear interest not ex-
ceeding four per cent, per annum, payable semi-annually
on the first day of April and of October in each year.
Such scrip or certificates of indebtedness shall be desig-
nated on their face as the State Highway Loan, shall be
countersigned by the governor, and shall be deemed a
pledge of the faith and credit of the Commonwealth ; and
the principal and interest thereof shall be paid at the
times specified therein in gold coin of the United States
or its equivalent, and said scrip or certificates of indebted-
ness shall be sold and disposed of at public auction, or in
such other manner, at such times and prices, in such
amounts and at such rates of interest, not exceeding the

Sinking fund, rate above- Specified, as shall be deemed best. The sinking
fund established by chapter four hundred and ninetj'-seven
of the acts of the year eighteen hundred and ninety-four
shall also be maintained for the purpose of extinguishing
bonds issued under the authority of this act, and the
treasurer and receiver general shall apportion thereto
from year to year an amount sufficient with the accumu-
lations of said fund to extinguish at maturity the debt
incurred by the issue of said bonds. The amount neces-
sary to meet the annual sinking fund requirements and
to pay the interest on said bonds shall be raised by taxa-
tion from year to year.

Section 4. This act shall take efiect upon its passage.

Approved June 4, 1896.

Chap.4S2 ^^ ^CT RELATIVE TO TRANSFERS OF THE INSANE.

Be it enacted, etc., as folloivs :

amended.^ ^' SECTION 1. Scctiou two of chapter three hundred and

forty-six of the acts of the year eighteen hundred and
eighty-seven is hereby amended by striking out all of
said section after the word " therefrom ", in the sixth line,
and inserting in place thereof the following words : — and

Acts, 189G. — Chap. 483. 479

may at their discretion, on the application of the officer

or board in charge of any of the hospitals above-named,

transfer patients therein to other hospitals or asylums, or

to private dwellings within the Commonwealth, — so as

to read as follows : — Section 2. The state board of f^^^^^ty and °*

lunacy and charity shall have power to enforce the pro- charity may

..,.,. 1 . f, . , . ,. enforce pro-

vjsions or this act, by notmcations sent to the committing visions, transfer
magistrates, or otherwise ; and may for sufficient reasons p"'"^"''*' ®'*^"
exempt cities, towns or individuals from its operation,
when hardship would in the opinion of said Ijoard result
therefrom ; and may at their discretion, on the application
of the officer or board in charge of any of the hospitals
above-named, transfer patients therein to other hospitals
or asylums, or to private dwellings within the Common-
wealth.

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

Ajyproved June 4^ 1896.

An Act kelative to the bridge oveu the merkimac river nT,f,rQ A9iS\

BETWEEN NEWBUKYPOKT AND SALISBURY.

Be it enacted, etc., as foUoius :

Section 1 . The county commissioners of the county Bridge over
of Essex shall, subject to the provisions of chapter nine- to be rebuilt,
teen of the Public Statutes, rebuild the bridge over the ^"^'
Merrimac river between Newbury port and Salisbury, or
such portions thereof as they judge to be unsafe for public
travel, and shall replace such portions of the bridge as are
removed with an iron or steel structure, with stone piers
and abutments. Said bridge shall have a pivot-draw, with
an opening in the clear not less than that of the present
draw, with suitable draw fender piers.

Section 2. The expense incurred under this act shall ^x^e™Ies°^
be paid in the iirst instance from the treasury of the
county of Essex ; but at least forty per cent, of said ex-
pense shall, after due notice and hearing, be assessed by
said commissioners upon the city of Newburyport and
upon such towns as in their judgment derive a special
benefit from said repairs, and in such proportion as said
commissioners deem proper. The amounts so assessed
shall be paid by said city and towns into the treasury of
the county.

Section 3. Said commissioners ma}^ reimburse the Newburyport
city of Newburyport and the town of Salisbury from the maybVre"'^^

480 Acts, 1896. — Chaps. 484, 485.

i%^o"rtfonor treasury of the county of Essex for not exceeding sixty
amount already per ceut. of the auiount already expended by said city and

6XD6DQ6U •/!-•/*/

town in makinsf repairs on said bridge, for which in the
judgment of said commissioners said city and town ought
to be reimbursed.
cotnmisBionerfl Section 4. Said commissioners may borrow on the

may borrow on ^ ^

credit of county, credit of the couuty such sum ot money as may be re-
quired to carry out the provisions of this act, and shall
apply said money to the purpose for which it is borrowed.
Section 5. This act shall take effect upon its passage.

Approved June 4, 1896.

Ohcip.4:S4: -^N -^CT MAKING APPROPRIATIONS FOR EXPENSES IX CONNECTION
WITH THE ENFORCEMENT OF THE LAWS REGULATING PHARMACISTS
AND THE GRANTING OF LICENSES TO DRUGGISTS TO SELL INTOX-
ICATING LIQUORS.

Be it enacted, etc., as foUotvs :

Appropriations. Sectiox 1. The sums hereinafter mentioned are ap-
propriated, to be paid out of the treasury of the Common-
wealth from the ordinary revenue, for the purposes
specified, to meet expenses for the year ending on the
thirty-first day of December in the year eighteen hundred
and ninety-six, to wit : —

Complaints YoY ex])euses in connection with the carryino; out of the

against reg- .' • , • i i

istered phar- law relative to complaints against registered pharmacists,

a sum not exceeding two thousand dollars.
Granting of jT^p ^}jg payment of all necessary expenses in connection

licenses to sell .ii i» /^ii i- • /«

intoxicating With tlic Carrying; out of the law relating; to the orantinor of
licenses to druggists and apothecaries to sell intoxicating
liquors, a sum not exceeding five thousand dollars.

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

Approved June 4, 1896.

Chap.485 ^N Act IN ADDITION TO AN ACT MAKING APPROPRIATIONS FOB
SALARIES AND EXPENSES OF THE STATE BOARD OF ARBITRATION
AND CONCILIATION.

Be it enacted, etc. , as folloios :
^^^\^ ^- A Section 1 . A sum not exceeding; twenty-five hundred

arbitration and . • i i • -i f ^

conciliation. dollars is hereby appropriated, to be paid out of the
treasury of the Commonwealth from the ordinary revenue,
to meet traveling, incidental and contingent expenses of
the state board of arbitration and conciliation for the year
ending on the thirty-first day of December in the year

Acts, 1896. — Chaps. 486, 487, 488. 481

eighteen hundred and ninety-six, the same to be in addition
to the four thousand dollars appropriated by chapter nine
of the acts of the present year.

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

Approved June 4, 1896.

ChapASe

An Act in further addition to an act making an appropri-
ation FOR EXPENSES IN CONNECTION WITH THE EXTERMINATION
OF CONTAGIOUS DISEASES AMONG HORSES, CATTLE AND OTHER
ANIMALS.

Be it enacted, etc. , as foUoivs :

Section 1. The sum of fifty thousand dollars is Extermination
hereby appropriated, to be paid out of the treasury of diaeasetamong
the Commonwealth from the ordinary revenue, for the ^°'™*^^-
purpose of meeting expenses in connection with the ex-
termination of contagious diseases among horses, cattle
and other animals, the same to be in addition to any
amounts heretofore appropriated for the same purpose.

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

Approved June 4, 1896.

ChapASl

An Act relative to the chicopee manufacturing company.
Be it enacted, etc., as foUoivs :

Section 1. The name of the Ellerton Mills is hereby Name changed,
changed to The Chicopee Manufacturing Company.

Section 2. No act heretofore done l)y said corpora- certain acts
tion under the name of The Chicojjee Manufacturing Com- ''°° '^"^ ' ^ °'
pan>" shall be invalid by reason of the use of said name,
and all acts of said corporation so far as otherwise legal
are hereby ratified and confirmed.

Section 3. Chapter twenty of the acts of the year RepeaL
eighteen hundred and sixty-four is hereby repealed.

Section 4. This act shall take efi'ect upon its passage.

Approved June 4, 1896.

An Act to incorporate the people's trust company. f^i AQA

Be it enacted, etc., as follows:

Section 1. John F. Cronan, Thomas F. Scanlan, People's Trust
Neil McNeil, George R. Swasey, Joseph A. lasigi, incorpomted.
William A. Miller, George T. McLaughlin, John J.
Mundo, Christopher P. McCaffrey, John J. Kennedy,
Thomas McCormack, Matthew J. Mullen, Daniel A.

482 Acts, 1896. — Chaps. 489, 490.

Cronan, llobert Bishop, George McCarthy, their asso-
ciates and successors, are hereby made a corporation by
the name of the People's Trust Company, with authority
to estal)lish and maintain a safe deposit, loan and trust
company in the city of Boston, with a capital stock of
not less than two hundred thousand dollars, and with all
the powers and privileges and subject to all the duties,
liabilities and restrictions set forth in all general laws
which now are or may hereafter be in force relating to
such corporations.

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

Ap2)roved June 4, 1896.

CJiapAS^ An Act to legalize certain pkoceedings of the town of

STOUGHTON.

Be it enacted, etc. , as foUoivs :
Proceedings of Sectiox 1 . The proceediuffs of the annual town meet-

annual town a, i i i i i • i i

meeting of nig ot the towu oi htouglitou held on the nintli day ot
legalized. Marcli iu the year eighteen hundred and ninety- six, and

the election of town officers thereat, shall not he invalid
by reason of the omission in the warrant calling such
meeting of a specification of the officers to be elected or
voted for at such meeting, and of their terms of service.
Certain action SECTION 2. Tlic actioii of Said towii at a towii meeting
meeting, March hcld ou tlic twenty-eio;hth day of March in the year eight-
een hundred and ninety-six, in reconsidering a vote rela-
tive to the Imilding of a schoolhouse, passed at the annual
town meeting of the same year, and in voting to build a
schoolhouse according to a different plan than the one
authorized at the annual meeting, is hereby legalized and
confirmed, notwithstanding any irregularities in the pro-
ceedings of said meeting held on said twenty-eighth day
of March.

Section 3. This act shall take effect upon its passage.

Approved June 4, 1896.

ChoV.4cQ0 -^N -^CT relative TO THE DUTIES AND AUTHORITY OF THE ATTOR-
NEY-GENERAL AND TO THE EMPLOYMENT OF ATTORNEYS BY STATE
BOARDS, COM>nSSIONERS AND OFFICERS.

Be it enacted, etc., as follows:
trlno7ppeaT Section 1. The attorney-general shall appear for the
we?h™"ead"s Commonwcalth, the secretary, the treasurer, and the au-
of departments, ditor, and for all heads of departments, state l)oards and

etc., in certain . . • n • i ji • m t

Buite, etc. commissioDs, lu all suits and other civil proceedings, ex-

Acts, 1896. — Chap. 491. 483

cepting upon criminal recognizances and bail bonds, in
which the Commonwealth is a party or interested, or in
which the official acts and doings of said officers are called
in question, in all the courts of the Commonwealth ; and
in such suits and proceedings before any other tribunal
when requested by the governor or by either branch of
the general court. All such suits and proceedings shall
be conducted by him or under his direction. All legal
services required by such officers and boards in matters
relating to their official duties shall be performed by the
attorney-general or under his direction.

Section 2. All writs, summonses or other processes wiits, etc.to
served upon such officers shall forthwith be transmitted to attorney-^
by them to the attorney-general. ■ All suits or other pro- general, etc.
ceedings by them shall be brought by the attorney-gen-
eral or under his direction.

Section 3. The attorney-general may appoint such May appoint
assistants as the duties of the office require ; and with the
approval of the governor and council shall fix their com-
pensation. He may also, whenever in his opinion the
interests of the Commonwealth require, employ such ad-
ditional legal assistance as he may deem necessary in the
discharge of his duties. Such employment and the com-
pensation therefor shall be subject to the approval of the
governor and council.

Section 4. All acts relating to the appointment of Repeal,
first and second assistant attorneys-general and all acts and
parts of acts inconsistent herewith are hereby repealed.

Section 5. This act shall take effect on the first da}' To take effect
of July in the year eighteen hundred and ninety-six. uiyi,i896.

Approved June 5, 1896.

ChapA91

An Act to incorporate the eldredge public library.
Be it enacted, etc., asfoUoios:

Section 1. Marcellus Eldredge, Heman Fisher Eld- Librarf ^"^''°
redge, Heman Andrew Harding, William L. Nickerson incorporated.
and John J. Howes and their successors, are made a cor-
poration by the name of the Eldredge Public Library,
for the formation and maintenance of a public library in
Chatham ; with all the powers and privileges and subject
to all the duties and liabilities set forth in the general
laws which now are or hereafter may be in force and ap-
plicable to such corporations.

484

Acts, 1896. — Chap. 491.

May hold real
and personal
estate.

Membership.

Town of
Chatham may
transfer to
corporation
certain funds,
etc.

Proviso.

Town may
make an annual
appropriation,
etc.

Section 2. Said corporation may hold real and per-
sonal estate to the amount of one hundred thousand dol-
lars for the purposes aforesaid, in addition to books and
objects of curiosity and art.

Section 3 . The corporation shall consist of five mem-
bers, of whom at least three shall be citizens of the town
of Chatham. And it is hereby provided that if either
the said Marcellus Eldredge or the said Heman Fisher
Eldredge shall at any time resign or retire from said cor-
poration he is and shall be authorized to appoint his suc-
cessor therein, and in case either the said Marcellus or
Heman should decease while a member of said corpora-
tion he may by will or any instrument in writing appoint
his successor therein, and the appointees and successors
of the said Marcellus and Heman shall have the like
power of appointment forever. Subject to the foregoing
provision Avhenever a vacancy shall occur in the number
of corporators by death, resignation or removal from the
town of Chatham the remaining members shall fill the
same, and in case they shall fail to elect a person to fill
the vacancy within three months from the time such
vacancy shall occur it shall be competent for the judge
of probate for the county of Barnstable, upon the appli-
cation of any inhabitant of Chatham, to fill such vacancy,
and the majority of these corporators may at any time,
with the approval of the judge of probate aforesaid, re-
move any one of the corporators, except the said Mar-
cellus and Heman and their appointees and successors,
and the vacancy thus occasioned shall be filled as in other
cases.

Section 4. The town of Chatham may transfer to said
corporation all funds now held or hereafter received by
said town for the purposes of a public library, to be held
and applied by the corporation in the same manner as if
they were held by the town ; and may transfer to the
corporation the books and pamphlets of the town library,
upon such terms and conditions as shall be agreed upon
by said town and corporation : provided, however, if such
transfer of funds, books and pamphlets is made by said
town said corporation shall forever allow the inhabitants
of the town of Chatham free use of the said library under
reasonable regulations.

Section 5. The town of Chatham may appropriate
and pay annually towards defraying the expense of main-

Acts, 1896.— Chap. 492. 485

taining and increasing said library a sum not exceeding
one dollar for each of its ratable polls in the year pre-
ceding that in which the appropriation is made, and may
also pay the salary of a librarian and of any necessary
assistants. The town may also pay over to said corpora-
tion for the use of the library any money by law appli-
cable to the use of a town library.

Section 6. Said corporation shall render to the town corporation to
of Chatham annually in the month of January a report annuli report to
of its proceedings, and a statement of the condition of *°'^°'^*''-
the library, its property and funds, the number of books
added during the year, with an accurate account of all
receipts and expenditures, together with any other infor-
mation or suggestions which they may deem desirable.

Section 7. This act shall take effect upon its passage.

Approved June 5, 1896.

An Act relative to the construction of subways in the (JJiar) 492

CITY OF BOSTON.

Be it enacted, etc. , as folloios :

Section thirty-five of chapter five hundred and forty- i894, 548, § 35,
eight of the acts of the year eighteen hundred and ninety-
four is hereby amended by striking out in the nineteenth
line, the word " fifty", and inserting in place thereof the
word : — twenty, — so as to read as follows : — Section commisBion
35. Said commission may, on or before the completion "cftfoTs^for
of said subways and tunnels, grant locations for tracks in'*8ubway^s"and
to, and for two tracks in, said subways and tunnels, to be tunnels, etc,
.used by any street railway company or companies ; shall
order all surface tracks to be removed from Tremont
street between Boylston street and Scollay square, and
from Boylston street between Park square and Tremont
street ; and may order any other tracks which, in its
opinion, have been rendered unnecessary by the construc-
tion of said subways and tunnels, and which are above
said subways and tunnels, or within a distance of one
thousand feet from any entrance to said subways and
tunnels, to be removed from the streets. Said commis- Conditions and
sion shall, subject to the approval of the board of railroad satfonsSb^^f"'
commissioners, fix by contract the terms and conditions rai^a'dlom/
and rates of compensation for the locations for said two
tracks in any of said subways and tunnels, and for the
use thereof by any street railway company or companies

amended.

missiouers.

486

Acts, 1896. — Chap. 493.

certain streets.

not'^to'^beVaid^in duriiig a term of years not exceeding twenty. Surface

'" * *" tracks shall not be laid or maintained in that part of any

street from which said commission may have ordered
such tracks removed, as herein provided.

Approved June 5, 1896.

C/iap.493

Belchertown
Water Com-
pany incor-
porated.

May take
certain waters,
etc.

May take
certain lands,
etc.

May erect
structures, lay
down pipes,
etc.

An Act to incorporate the belchertown water company.

Be it enacted., etc. , as folloios :

Section 1. Louis W. Dillon, Harry A. Hopkins,
Richard H. Long, Clarence E. Scott, Edward S. Bridg-
man, Charles H. Snow, Joseph R. Gould, Nelson Ran-
dall and William E. Bridgman, their associates and suc-
cessors, are hereby made a corporation by the name of
the Belchertown Water Company, for the purpose of
supplying the inhabitants of the town of Belchertown
with water for the extinguishment of fires and for do-
mestic, manufacturing and other purposes ; with all the
powers and privileges and subject to all the duties,
restrictions and lial)ilities set forth in all general laws
which now are or may hereafter be in force applicable to
such corporations.

Section 2. Said corporation, for the purposes afore-
said, may take, lease, acquire l)y purchase or otherwise
and hold the waters of any ponds, l)rooks or springs
within the limits of said town of Belchertown not already
owned or acquired by the city of Springfield, and all water
rights connected therewith, and may ol)tain and take water
by means of driven, bored, artesian or other wells, on land
within the limits of said town of Belchertown : provided,
that no source of water supply shall be taken under this
act for domestic purposes without the recommendation
and advice of the state board of health ; and may hold and
carry said water through said town ; and may also take
and hold, by lease or otherwise, all lands, rights of way
and easements necessary for holding and preserving such
water and conveying the same to any part of said town ;
and may erect on the lands thus taken or held proper
dams, fixtures or other structures ; and may make exca-
vations, procure and operate machinery and provide such
other means and appliances as may ])e necessary for the
establishment and maintenance of complete and efiective
water works ; and may construct and lay down conduits,
pil)es and other works, over and under any lands, water

Acts, 1896. — Chap. 493. 487

courses, railroads, highways, town ways, and pu])lic or
private ways of any kind, and along such ways in such
manner as not unnecessarily to obstruct the same ; and for
the purpose of constructing, maintaining and repairing
said conduits, pipes and other works and for all proper
purposes of this act said corporation may dig up said lands
and enter upon and dig up any such ways \ provided, Jioiv- Provisos.
ever, that said corporation shall not enter upon or dig up
any pul)lic ways except u}ion the approval of the ])oard
of selectmen of the town in which such ways are situated,
after a public hearing by said board of which at least ten
days' notice shall be given by posting an attested copy of
said notice in at least live pu])lic places in said town, and
provided, further, that no hearing or notice shall ))e neces-
sary in cases where said ways are to be entered upon and
dug up by said corporation for the purpose of construct-
ing extensions to its plant and repairing and maintaining
such conduits, pipes and other works.

Section 3. The said corporation shall within sixtv P««/"P"o°°t

. 1 1 . ,. 1 1 . , ,. " lands, etc., to be

days atter the taking oi any lands, rights or way, water recorded.
riofhts, water sources or easements as aforesaid otherwise
than l)y purchase, file and cause to l)e recorded in the reg-
istry of deeds for the county of Hampshire a description
thereof sufficiently accurate for identification, with a state-
ment of the purposes for which the same were taken,
signed l)y the president of the corporation.

Section 4. The said corporation shall pay all dam- Damages,
ages sustained by any person in })roperty l)y the taking
of any land, right of way, water, water course, water right
or easement, or by any other thing done by said corpora-
tion under the authority of this act. An}^ person sustain-
ing damages as aforesaid under this act, who fails to agree
with the said corporation as to the amount of damages
sustained, may have the damages assessed and determined
in the manner provided l)y law where land is taken for
the laying out of highways, on application at any time
within two years from the taking of such land or other
property or the doing of any injury under the authority
of this act ; but no such application shall be made after the
expiration of the said two years. No application for the
assessment of damages for the taking of any water, water
right or water source, or for any injury thereto, shall be
made until the water is actually withdrawn or diverted by
the said corporation under the authority of this act.

488

Acts, 1896. — Chap. 493.

DiBtrfbution of
■water, etc.

Real estate,
capital Btock.

Certificate of
payment of
capital to be
filed.

May issue
mortgage
bonds, etc.

Section 5. The said corporation may distribute the
water through said town of Belchertown, may regulate
the use of said water and fix and collect the rates to be
paid for the use of the same, and may make such con-
tracts with said towm, or with any fire district that may
hereafter he estalilished therein, or with any individual
or corporation, to supply water for the extinguishment
of fires or for any other purpose, as may be agreed upon
by said town, fire district, individual or corporation, and
said corporation ; and may estal)lish public fountains and
hydrants and relocate and discontinue the same.

Section G. The said corporation may, for the pur-
poses set forth in this act, hold real estate not exceeding
in value ten thousand dollars ; and the whole capital stock
of the said corporation shall not exceed thirty thousand
dollars, to be divided into shares of one hundred dollars
each.

Section 7. Immediately after the payment of the
capital stock of said corporation a certificate of that fact,
and of the manner in which the same has lieen paid in,
and, at the time of making the certificate, has been in-
vested or voted by the corporation to be invested, signed
and sworn to by the president, treasurer and a majority
of the directors and a})proved by the commissioner of
corporations, shall l)e filed in the ofiice of the secretary
of the Commonwealth. A conveyance to the corporation
of property, real or personal, at a fair valuation, shall be
deemed a sufficient paying in of the capital stock to the
extent of such value if a statement is included in the
certificate made, signed and sworn to by its president,
treasurer and a majority of its directors, giving a descrip-
tion of such property and the value at which it has been
taken in payment, in such detail as the commissioner of
corporations shall require or approve, and endorsed with
his certificate that he is satisfied that said valuation is fair
and reasonable.

Section 8. Said corporation may issue bonds and
secure the same by a mortgage upon its franchise and
other property to an amount not exceeding its capital
stock actually paid in. The proceeds of all bonds so
issued shall be expended in the extension of the works
of said corporation and for the payment of expenditures
actually made in the construction of the works, over and
above the amount of capital stock actually paid in.

Acts, 1896. — Chap. 493. 489

Section 9. The capital stock hereinbefore authorized f^bla^pproved
shall be issued only in such amounts as may from time to V commis.

. . , 1 . • *^ ^ Bioner of

time upon investigation l)y the commissioner of corpora- corporations.
tions be deemed by him to be reasonably recj(uired for the
purposes for which such issues of stocks or bonds have
been authorized. His decision approving such issues shall
specify the respective amounts of stock and bonds author-
ized to be issued and the purposes to which the proceeds
thereof are to be a})plied. A certificate setting forth his
decision shall be tiled in the office of the secretary of the
Commonwealth before the certificates of stock or the bonds
are issued, and the proceeds of such stock or bonds shall not
be applied to any purpose not specified in such decision.

Section 10. Whoever wilfully or Avantonh- corrupts, Penalty for
pollutes or diverts any of the waters taken or held under watTr^eu"! °
this act, or injures any structure, work or other property
owned, held or used by the persons herein named, or
their successors or assigns, under the authority and for
the purposes of this act, shall forfeit and pay to said
persons above-named, their successors or assigns, three
times the amount of damages assessed therefor, to be re-
covered in action of tort. Whoever wilfully or wantonly
corrupts, pollutes or diverts any of the waters taken or
held under this act, or injures any structure, work or
other property, owned, held or used under the authority^
and for the purposes of this act, shall be punished by a
fine not exceeding three hundred dollars or l)y imprison-
ment not exceeding one year.

Section 11. The town of Belchertown shall have Town may take
the right at any time to take by purchase or otherwise erty^'etc!' ^'^"^^'
the franchise, corporate property and all the rights
and privileges of said corporation, on payment to said
corporation of the actual cost of its franchise, works
and property of all kinds held under the provisions
of this act, including in such cost interest on each ex-
penditure from its date to the date of said purchase or
taking as herein provided, at the rate of five per cent,
per annum. In case said town and said company, after
conference thereon, shall be unable to agree upon the
cost of said property, the superior court shall upon ap-
plication of either party and notice to the other appoint
three commissioners, who shall determine said cost, and
whose finding when accepted by the court shall be final.
If the cost of maintaining and operating the works of said

490

Acts, 1896. — Chap. 493.

be submitted
aanually.

Belchertown
Water Loan.

corporation shall exceed in any year the income derived
from said works hy said corporation for that year then
such excess shall be added to the total cost ; and if
the income derived from said works by said corporation
exceeds in any year the cost of maintaining and operating-
said works for that year then such excess shall l)e de-
statement of ducted from the total cost. An itemized statement of

receipts and . ^ • i j.' in

expenditures to file rcccipts and cxpcnditurcs oi said corporation shall
l)e annually sul^mitted to the selectmen of the town of
Belchertown, and by said selectmen to the citizens of the
town. If said corporation has incurred indel:)tedness the
amount of such inde])tedness outstanding at the time of
such taking shall be assumed by said town and shall be
deducted from the amount required to be paid by said
town to said corporation under the foregoing provisions
of this section. This authority'' to purchase such fran-
chises and property is granted on condition that the pur-
chase is assented to by said town by a two thirds vote of
the voters of said town present and voting thereon at a
meeting legally called for that purpose.

Section 12. Said town of Belchertown may, for the
purpose of paying for the franchise, works and property
of said corporation, and the necessary expenses and lia-
bilities incurred under the provisions of this act, issue
kfrom time to time l)onds, notes or scrip to an amount not
exceeding in the aggregate sixty thousand dollars. Such
bonds, notes or scrip shall bear on their face the words,
Belchertown Water Loan ; shall be payable not exceed-
ing thirty years from the date of issue ; shall l)ear interest
payal)le semi-annually at a rate not exceeding six per
cent. })er annum, and shall l)e signed by the treasurer of
the town and countersigned by the water commissioners
hereinafter provided for. Said town may sell such secu-
rities at i)u])lic or private sale or pledge the same for
money borrowed for the purposes of this act, upon such
terms and conditions as it may deem proper, provided
that the same shall not be sold or pledged for less than
their par value. The said town shall at the time of con-
tracting said loan provide for the estaljlishment of a sink-
ing fund and shall annually contribute to such fund a sum
sufficient with the accumulations thereof to pay the prin-
cipal thereof at maturity. The said sinking fund shall
remain inviolate and pledged to the i^ayment of said loan
and shall be used for no other purpose.

Sinking fund.

Acts, 1896. — Chap. 493. 491

Section 13. Said town instead of establishing a sink- May provide
ing fund may at tlie time of authorizing said loan pro- paymemaon
vide for the payment thereof in annual i)ayments of sucli '°'*°"
amounts as will in the aggregate extinguish the same
Avithin the time prescriljed in this act ; and when such
vote has been passed the amount required thereby shall
without further vote be assessed by the assessors of
said town in each year thereafter until the delit in-
curred by said loan shall be extinguished, in the same
manner as other taxes are assessed under the provi-
sions of section thirty-four of chapter eleven of the Pub-
lic Statutes.

Section 14. The return required by section ninety- Return to state
one of chapter eleven of the Pulilic Statutes shall state si^khTgf^und.
the amount of any sinking fund established under this
act, and if none has been established whether action has
been taken in accordance with the provisions of the pre-
ceding section, and the amounts raised and applied there-
under for the current year.

Section 15. Said town shall raise annually l)y taxa- Payment of
tion a sum which with the income derived from the water ^^p**"^®^- «''=•
rates will he sufficient to pay the current annual expenses
of operating its water works and the interest as it accrues
on the bonds, notes and scrip issued as aforesaid by said
town, and to make such contril)utions to the sinking fund
and payments on the princi})al as may 1)e required under
the provisions of this act.

Section 16. Said town shall, after its purchase of "^'^'®': .

^ ... commissioners,

said corporate property as provided in this act, at a legal election, terms,
meeting called for the purpose elect by ballot three per-
sons to hold office, one for three years, one for two years
and one for one year from the next annual town meeting,
to constitute a board of water commissioners, and at each
annual town meeting thereafter one such commissioner
shall be elected by ballot for the term of three years.
All the authority granted to said town ])y this act and
not otherwise specially provided for shall be vested in
said board of water commissioners, who shall be subject
however to such instructions, rules and regulations as
said town may liy its vote impose. The said commis- To be trustees
sioners shall be trustees of the sinkino; fund herein °f **°^'°s fund.
provided for and a majority of said commissioners shall
constitute a quorum for the transaction of business rela-
tive both to the water woidvs and the sinking fund. Any

492

Vacancy.

Security for
payment of
damages, etc.
required in
certain cases.

Work to be
begun within
three years.

Acts, 1896. — Chap. 494.

vacancy occurring in said board from any cause may be
filled for the remainder of the unexpired term by said
town at any legal meeting called for the purpose.

Section 17. Upon application by the owner of any
land, water or water rights taken under this act by the
corporation hereby chartered, the county commissioners
for the county of Hampshire shall require said corpora-
tion to give satisfactory security for the payment of all
damages and costs which ma}^ be awarded such owner
for the land or other property so taken ; but Ijefore re-
quiring such security said commissioners shall, upon
request of either party, make an estimate of the damages
which may result from such taking. Said commissioners
shall in like manner require further security if at any
time the security l)efore required appears to them to have
become insufficient, and all the right or authority of said
corporation to enter upon or use such land or other prop-
erty except for the purpose of making surveys shall be
suspended until it gives the security required.

Section 18. This act shall take eflect upon its pas-
sage, and shall become void unless work hereunder is
begun within three years from the date of its passage.

Approved June 5, 1896.

QJiaV.494: ^^ ^^"^ KELATIVE to the EMPLOYMENT OF MECHANICS AND

LABORERS ON PUBLIC WORKS.

Preference to
be given to
citizens of the
United States
in certain
employment.

Penalty.

Not to take
effect until
January 1, 1897<

Be it enacted, etc., as folloivs :

Section 1. Hereafter, in the employment of mechan-
ics and laborers in the construction of public works by
the Commonwealth, or by any municipal corporation
therein, or by persons contracting with the Common-
wealth or with such corporation, preference in said em-
ployment shall be given to citizens of the United States ;
and every contract hereafter made by the Commonwealth
or by any municipal corporation therein shall require the
giving of such preference in said employment.

Section 2. Any contractor Avho knowingly and wil-
fully violates the provisions of this act shall be fined not
more than one hundred dollars for each ofience.

Section 3. This act shall not take effect until Jan-
uary first in the year eighteen hundred and ninety-seven.

Approved June 5, 1896.

Acts, 1896. — Chap. 495. 493

An Act relative to the restoration of green harbor in (JJinr) 4-95

THE TOWN OF MARSHFIELU.

Be it enacted^ etc. , as follows :

Section 1. The board of harbor and land commis- Examination
sioners and the state board of health, acting as a joint Green°Harbor
board, are hereby required to cause an examination of |^^^M»'"8''fieid,
Green Harbor in the town of Marshlield, and of tlie
Green Harbor marshes and the dam and dike constructed
across Green Harbor river under the provisions of chap-
ter three hundred and three of the acts of the year eight-
een hundred and seventy-one, to be made by competent
engineers, who shall rei)ort to said joint board the result
of their examination ; and if upon receiving such report
said joint board shall determine that a substantial im-
provement in and benefit to Green Harbor will result
from the removal of said dam and dike, and that no dam-
age to vested property rights greater than the benefit and
improvement to be derived from such removal will result
therefrom, then the board of harbor and land commission- Harborandiand
ers shall remove said dam and dike, and shall replace m^"Lm'ove"
such portion of the highway as may be destroyed by such ^^'°^' '^^'^'
removal, l)y a suitable bridge, either with or without a
draw, as said l)oard of harbor and land commissioners
may determine that public convenience requires. The Joint board,
joint board and the l)oard of harl^or and land commission- |eneraUourt. °
ers shall make a full report of their doings under this act
to the general court at the next session thereof.

Section 2. Any person who suffers injury to any Damages,
vested property right by reason of the removal of said
dam and dike shall be entitled to have his damages as-
sessed against the Commonwealth l)y the county commis-
sioners of the county of Plymouth, with like right of
appeal as in the case of land taken for the construction
of highways : jyrovided, that in case the Commonwealth Proviso,
shall be liable for damages to }n-operty, the increase in
value, if any, which has accrued by the building of said
dam and dike under the provisions of chapter three hun-
dred and three of the acts of the year eighteen hundred
and seventy-one, shall be deducted in the assessment.

Section 3. To defray the expense incurred under this Payment of
act a sum not exceeding twelve thousand dollars is hereby ^^p**"*^*-
appropriated, to be paid out of the treasury of the Com-

494 Acts, 1896.— Chaps. 496, 497.

monwealth from the ordinary revenue, subject to the
approval of the board or boards incurring the expense.
?„T°J/!.'^^„ Section 4. If the board of harbor and land commis-

cause repeal of sioucrs sliall reuiove said dam and dike, then so much of

certain pro- 111 ii i> i j. jy ^^

visions of law. chapter three hundred and three ot the acts ot the year
eighteen hundred and seventy-one as authorizes the con-
struction and maintenance of a dam and dike across
Green Harbor river in the town of Marshfield shall, from
the date when said removal is commenced, be repealed.

Approved June 5, 1896.

QJiar).4QQ An Act to abolish days of grace on commercial paper ex-
cept SIGHT DKAFTS.

Be it enacted, etc., as follows :
Days of grace Section 1. No davs of gracc, accordiug to the cus-

aboliBbed. */ o ^ o

tom of merchants, shall be allowed on any note, draft,
check, acceptance, bill of exchange, bond or other evi-
dence of indebtedness made, drawn or accepted by any
person or corporation after this act shall take eflect, un-
less expressly stipulated therein, but the same shall be

Proviso. (i^g j^i^^i payable as therein expressed, without grace : pro-

vided, that this act shall not apply to any draft or bill of
exchange drawn payable at sight.

^^P*"^'* Section 2. Chapter two hundred and twenty-eight of

the acts of the year eighteen hundred and ninety-six and
all acts and parts of acts inconsiiStent with this act are
hereby repealed.

January t'lso:. SECTION 8. This act sliall take effect on the first day
of January in the year eighteen hundred and ninety-seven.

Approved June 5, 1896.

ChapA^l -^N Act TO INCORPORATE THE TAUNTON AND BROCKTON STREET

RAILWAY COMPANY.

Be it enacted, etc., as follotvs m

B?ock?oVstreet SECTION 1. Sylvauus M. Thomas, John P. Morse,
Railway Com- Frank W. Brightman, Horace B. Rogers, Cornelius A.

pany incor- •!/> i -i /-^

porated. Davis, Alfred A. Glasier, George M. Elmes and George

H. Campbell, their associates and successors, are hereby
made a corporation under the name of the Taunton and
Brockton Street Railway Company ; with all the powers
and privileges and subject to all the duties, conditions
and restrictions set forth in all ijeneral laws that now are

Acts, 189G. — Chap. 497. 495

or hereafter may be in force relating to street railway
companies, except as hereinafter provided.

Section 2. Said company is hereby authorized to con- May construct,
struct and operate a railway, with single or double tracks iVcenafn ciuL
and with convenient turn-outs and switches, in part upon ^^ 'owns.
private land, which it may take by purchase or lease, and
over and upon such locations in the streets or highways
of the cities of Taunton and Brockton, and of the towns
of Raynham, Easton, West Bridgewater and Bridge water,
as shall be from time to time tixed and determined by the
mayor and aldermen or selectmen of said cities and towns
respectively. Said company may acciuire, by purchase or May acquire

,^11 lii^'j. i-i.' 1 necessary real

lease, all necessary real estate tor its power station and estate.
for uses incident to the proper maintenance of its railway.

Section 3. The location of said street railway outside Location.
of public streets and highways shall not exceed fifty feet
in width.

Section 4. Said company may maintain and operate Motive power,
said railway by any approved motive power other than
steam, and, with the consent of the mayor and aldermen
or selectmen of the cities and towns respectively in wdiich
locations are granted as aforesaid, may make such under-
ground alterations of the streets and higliAvays, and may
erect such poles and wires thereon, and may erect and
maintain such poles and wires on private lands obtained
as aforesaid, as may be necessary to establish and main-
tain such motive power.

Section 5. The capital stock of said company shall capital stock.
not exceed one hundred thousand dollars, except that said
company may increase its capital stock subject to all gen-
eral laws applicable to said increase.

Section 6. Said company may from time to time, by May issue
vote of a majority in interest of its stockholders, issue ^°° *'*^^'^'
coupon or registered bonds to an amount not exceeding
one hundred thousand dollars, for a term not exceeding
twenty years from the date thereof: provided, that no Proviso,
issue of bonds shall be made unless there shall have been
actually paid in an amount of the stock equal to the amount
of such issue. To secure the payment of such bonds, with
interest thereon, said company may make a mortgage of
its road and franchise, or any part of its other property,
and may include in such mortgage property thereafter to
be acquired, and may therein reserve to its directors the
right to sell or otherwise in due course of business to

496 Acts, 1896. — Chap. 498.

dispose of property included therein which may become
worn, damaged or unsuitable for use in the operation of
its road, provided an equivalent in value is substituted
therefor ; and all bonds issued shall tirst l)e approved by
some person appointed by the corporation for that pur-
pose, who shall certify upon each bond that it is properly
issued and recorded.
stock'a^nd" "' Section 7. All stock and bonds authorized by this

bonds. q^qi shall ])e issued and disposed of in accordance with the

provisions of all general laws relative to the issue of stock
and l)onds by street railway companies.
Mmmon^'canier Section 8. Said company may act as a common car-
of small parceiB. j.jgj. ^f gniall parccls ! provicled, it shall not so act in the
cities of Taunton and Brockton, or in any town, until
authorized to do so by a two thirds vote of the voters of
said cities or towns present and voting thereon at an
annual or special election held for that purpose.
8t?ucted°°e"tc., Section 9. Tliis act sliall take ctlcct upou its passagc,
1898^ "^"'^ ^' I'ut shall become void unless said railway is constructed
and put in operation before the lirst day of July in the
year eighteen hundred and ninety-eight.

Approved June 5, 1896.

Ch(ip.4QS An Act to authorize cities and towns to use the mctam-

MANY VOTING MACHINES IN STATE, CITY AND TOWN ELECTIONS.

Be it enacted, etc. , as follows :

TOtuig'^chTnes Section 1. The secretary of the Commonwealth, upon
to certefn citfei ^hc rcqucst of the 1)oard of aldermen of any city or of
and towns. ^hc Selectmen of any town, shall forthwith furnish to the
said city or town a sufficient numl)er of McTammany voting
machines to enable all candidates for all offices (national,
state, city or town) to ])e tilled at such election, to be
voted for on such machines, together with all proposi-
tions or questions that may be lawfully submitted to such
Expense to be votcrs. The expeusc for such machines shall be borne

borne by the i /~.

ooramou- by the Commonwealth, but not more than fifty of such

machines shall lie i)urchased for use during the year
eighteen hundred and ninety-six.
SaSs^etc.^, Section 2. Not later than thirty days after the pas-
te be sent to sao^e of this bill the secretarv of the Commonwealth shall
towns. send to every city and town clerk and to every board of

aldermen and to every board of selectmen a description
of said voting machines and the terms upon which they

Acts, 1896. — Chaps. 499, 500. 497

are to be furnished and used under the provisions of this
act. The machines shall be purchased from the manu- Price ot
facturers and i)aid for by the secretary of the Common- '^^^ °^*'
wealth out of the treasury of the Commonwealth, at a
price not exceeding two hundred and fifty dollars for each
machine.

Section 3. The election of officers to be voted for in Election of
all towns and voting precincts of all cities which have tLin cities and
decided to use the said machines under the provisions of u°8e of l°ot'iDg^^
this act shall be by the use of said machines, and the m'^c^'ineB, etc.
secretary of the Commonwealth shall furnish to said cities
and towns tally sheets adapted to the use of said ma-
chines. The provisions of law with reference to the certain pro-
preservation of ballots at public expense, the preparation to apply.
of polling places, the conduct of elections, the counting,
preserving and recounting of l>allots, and the provisions
of chapter four hundred and sixty -five of the acts of the
year eighteen hundred and ninety-three shall, so far as
applicable, govern elections when said machines are used.
The ballot law commissioners are hereby authorized to Baiiot law com-

, , 1 1 1 J • , • ' , , • ,^ missioners may

make such rules and regulations, not inconsistent AVitli make rules and
the provisions of law, respecting the use of said machines
as they shall consider necessary for the conduct of elec-
tions by the use of said machines.

Approved June 5, 1896.

regulations.

An Act relative to markiage and the legitimacy of children.

ChapA^^

The provisions of chapter four hundred and twenty- 1895,427, to
seven of the acts of the year eighteen hundred and ninety- cL'es.
five shall apply to cases in which the impediment to
marriage therein referred to was removed prior to the
date when said act took efl^ect, as well as to cases in
wdiich such impediment Avas removed subsequent to such
date : provided, that no marriage otherwise valid shall
hereby be rendered invalid. Approved June 5, 1896.

An Act to provide for the construction at Cambridge of a CJiriY) ^00
building for the registry of deeds and for the probate

COURT.

Be it enacted, etc., as follotos :

Section 1. The county commissioners of the county county com-
of Middlesex are hereby authorized to provide accommo- providra'^^com-

498

Acts, 1896. — Chap. 500.

modations at
Cambridge for
registry of
deede and
probate court,
etc.

Plans to be
approved, etc.

County com-
misBioners to
advertise for
proposals for
■work, etc.

Awarding of
contracts, etc.

dations at Cambridge for the registry of deeds and for
tlie probate court for the southern district of said county,
by the erection of a suitable building on the site hereto-
fore acquired by said commissioners under the authority
given them by chapter three hundred and sixty of the
acts of the year eighteen hundred and ninety-four. The
expense incurred for constructing said l)uilding, in addi-
tion to the cost of the site, shall not exceed the sum of
five hundred thousand dollars ; and said commissioners
shall not make any contracts calling for a larger expendi-
ture in the aggregate, for said purpose than the amount
herein specified.

Section 2. No contracts shall he made for the con-
struction and furnishing of said building until plans,
together with detailed estimates of cost from responsible
parties, who are willing and prepared to furnish bonds
with satisfactory sureties for the actual performance of
the work and the furnishing' of the materials for the
amounts specified in said estimates, have been submitted
to a board to consist of the judges of probate for the
county of Middlesex and the clerk of courts of said
county, and approved by said board. Such approval
shall not be given until said l)oard is fully satisfied that
the cost of the building and its furnishings, ready for the
use of said registry and court and of the offices incident
thereto, will not exceed the sum of five hundred thousand
dollars.

Section 3. After said plans shall have been so ap-
proved the county commissioners shall advertise for pro-
posals for doing the work and furnishing the materials
required by such plans. Such advertisements shall be
published in at least two daily newspapers of general
circulation in the city of Boston, for not less than two
weeks successively prior to the time specified in the ad-
vertisements for opening said proposals ; and said pro-
posals shall not specify any jiarticular party or parties
from whom the person to whom the contract may be
awarded shall purchase his materials. The contracts for
said work shall be awarded to the lowest responsible
bidder who ofiers to do the same within the limits pre-
scribed l^y this act, lint shall not be so awarded until said
contracts shall have been approved l)y the board provided
for in section two of this act. The county commissioners
shall have authority to reject any and all bids, in which

Acts, 1896. — Chap. 500. 499

case said commissioners shall forthwith advertise for new
proposals.

Section 4. At the end of every contract awarded under piauee to be
the provisions of this act shall be inserted the following Lve'ry^contract.
clause : — But said party of the second part shall not re-
ceive or be entitled to receive any sum in addition to the
sum named in this contract, for any additional work done
or material furnished, or for any other matter or claim
whatsoever, unless, before the additional work or material
or matter of claim shall be done or furnished, the lioard
constituted by chapter five hundred of the acts of the year
eighteen hundred and ninety-six shall first approve the
same and the additional sum or sums to lie paid therefor.

Section 5. In order to meet the exiienses incurred May issue

, , , - .... bonds, etc.

under this act the county commissioners may issue trom
time to time coupon or registered bonds of said county,
bearing interest at a rate not exceeding four per cent, per
annum, to an amount not exceeding in the aggregate five
hundred thousand dollars, including the amount of bonds
which said commissioners were authorized to issue by
chapter four hundred and nine t)f the acts of the year
eighteen hundred and ninety-five ; and the proceeds of
the bonds issued under authority of said chapter four hun-
dred and nine shall be used for the purpose of meeting
the expenses which may be incurred under the present
act. Before issuing any such bonds said commissioners saie of bonds,
shall advertise for proposals for the amount to be issued, '^"^"
in two daily newspapers of general circulation published
in the city of Boston ; and the bonds shall be sold to the
highest responsible l)idder, the county commissioners hav-
ing authority to reject any and all bids, in which case
said commissioners shall forthwith advertise for new pro-
posals. The indebtedness so incurred by said county, Payment of
together with the indebtedness which may now exist or >°'^«^*'^^°^««-
which may hereafter be incurred on account of the issue
of bonds authorized by chapter four hundred and nine of
the acts of the year eighteen hundred and ninety-five,
shall 1)6 paid out of the amounts received for taxes, at
the rate of twenty thousand dollars each year, commenc-
ing with the year eighteen hundred and ninety-seven,
until the whole indebtedness is paid.

Section 6. The receiving by the county commis- Receiving of

/. 1 . 1 /. Ml J-* i? xi 1 , certain bids to

sioners of bids trom responsilne parties tor the complete be authority to
construction of the building authorized by this act and ^«;;«^^ '"'>''«y.

500 Acts, 1896. — Chap. 501.

for furnishing and equipping the same ready for the use
of said registry and court within the sum of five hundred
thousand doUars, said receipt being evidenced by a cer-
tificate to that ert'ect signed by the members of the board
named in section two of this act, shall be a condition
precedent to the authority of said commissioners to ])or-
row or to incur indel)tedness under this act or to expend
any sums already l^orrowed under the provisions of chap-
ter four hundred and nine of the acts of the year eighteen
hundred and ninety-five, except for procuring plans and
specifications.
Repeal, etc. Section 7. Chapter four hundred and uiuc of the acts

of the year eighteen hundred and ninety-five is hereby
repealed ; but this repeal shall not aflect the validity of
any bonds which may have been issued as authorized by
said chapter.

Section 8. This act shall take effect upon its passage.

Approved June 5, 1896.

Ghap 501 ^N -^CT TO PROVIDE KOR THE EXTENSION OF THE FRANCHISES OF

STREET RAILWAY COMPANIES.

Be it enacted^ etc. , as follows :
Certain street Section 1. A street railwav company which by its

railway com- -^ ^ ^ i, l j .,,''.

panics may charter or certificate of incorporation, or by special legis-

exteud their . . i-t, ■ j-^-i "^ j

railways into lativc act, IS authorizcd to construct, maintain and operate

certain cities , / -i • 'j j. • j.i • /-^

and towns. a street railway in any city or town in this Lominon-
wealth, and which has constructed its railway therein,
may, subject to the provisions of the general laws relat-
ing to the location, construction and operation of street
railways, extend its railway into such other cities and
towns in this Commonwealth adjoining those cities and
towns only in which said street railway company was em-
powered to build and operate its road under its original
charter, as the l)oard of railroad commissioners shall,
upon the application of such company, and after public
notice and hearing of all parties interested, certify that
Copy of certifi. tlic public coiivcnience requires. A duly attested copy
with secretary of sucli Certificate shall within three days after the grant-
mo'iiweaith. ing of the saiiic be filed by said board in the office of the
secretary of the Commonwealth.

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

Approved June 5, 1896.

Acts, 1896. — Chaps. 502, 503. 501

An Act relative to the civil service of the commonwealth (JJinj) 502

AND THE cities THEREOF.

Be it enacted, etc., as follows:

Section 1. Section fifteen of chapter three hundred etcf.'ame'ndld.
and twenty of the acts of the year eighteen hundred and
eighty-four, as amended by chapter ninety-five of the acts
of the year eighteen hundred and ninety-three, is hereby
amended by inserting after the word " Commonwealth",
in the ninth line, the words : — the employees of the
board of commissioners of savings banks, — so that the
section as amended will read as follows: — /Section 15. f^p'ioy^es'^
Judicial officers and officers who are elected by the people, cMu^e'A^/e""*
or a city council, or whose appointment is subject to con- "■u'es.
firmation by the executive council of the Commonwealth,
or the city council of any city, officers who are elected
by either branch of the general court and the appointees
of such officers, heads of any principal departments
of the Commonwealth or of a city, the employees of
the treasurer of the Commonwealth, the employees of the
board of commissioners of savings banks, and of the
treasurer and collector of taxes of any city, two employ-
ees of the city clerk of any city, teachers of the public
schools, the secretaries and confidential stenographers of
the governor or of the mayor of any city, shall not l)e
affected as to their selection or appointment by any rules
made as aforesaid, but such rules shall apply to members
of the police and fire departments, other than police and
fire commissioners and chief marshals, or chiefs of police
and fire departments.

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

Approved June 5, 1896.

Chap.503

An Act to authorize the selectmen of the town of fair-
haven TO LAY OUT A AVAY OVER TIDE WATER.

Be it enacted, etc., as follows:

Section 1. The selectmen of the town of Fairhaven Town of Fair-
are hereby authorized to lay out, in part over tide water, oura°nonhe?fy
under the provisions of chapters nineteen and fifty-one of MS°street,
the Public Statutes, a northerly extension of a way called ^'°
Middle street, from the present northerly terminus of
said Middle street to the southerly line of Pease street

502

Acts, 1896. — Chaps. 504, 505.

in said town ; and any bridge whicli it may be necessary
to construct as a part of said way may be constructed
either with or without a draw, as the Ijoard of harl)or and
land commissioners may direct.

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

Approved June 5, 1896.

Gardner Miieic
Hall Company
incorporated.

ChciT).504: -^^ ■^^'^ "^O INCORPOKATE THE GAKDNEK MUSIC HALL COMPANY

Be it enacted, etc., as follows :

Section 1. Dexter A. Smith, Louis A. Greenwood,
William J. Drenning, Carlos E. Ball, Michael J. Ryan,
George B. Underwood, Henry W. Saunders, C. Leslie
Bent, Oliver J. Richards, Guy W. Garland, Edward A.
Chandler, Cephas B. Stephens, their associates and suc-
cessors, are hereby made a corporation hy the name of
the Gardner Music Hall Company, to l)e located at Gard-
ner, wdth authority to purchase a certain tract of land
situated on tlie south side of Central street, between Pine
and Lake streets, in Gardner, and having a frontage on
said Central street of one hundred and ten feet, and a
depth of ninety feet ; and to erect, complete and main-
tain a Imilding thereon, to be used for a music hall,
theatre, and for mechanical and mercantile purposes, and
for shops, stores and offices.

Section 2. Said corporation may have a capital stock
not exceeding twenty- live thousand dollars, may mortgage
its property, and shall, except as herein otherwise pro-
vided, have all the powers and privileges and be subject
to all the duties, liabilities and restrictions set forth in
all general laws which now are or hereafter may he in
force relating to such corporations.

Section 3. This act shall take effect upon its passage.

Approved June 5, 1896.

Capital stock,
powers, duties,
etc.

(JJiap.505 ^N ■^'^'^ RELATIVE TO THE BOUNDARY LINE BETWEEN THE TOWNS

OF HAMILTON AND IPSWICH.

Part of Hamil-
ton annexed to
Ipswich.

Be it enacted, etc., as foUoivs :

Section 1. So much of the town of Hamilton as lies
east of the following line, namely : Beginning at a spring
on land of F. R. Appleton and situated on the easterly
side of the eastern division of the Boston and Maine rail-
road and on the present boundary line between the towns
of Hamilton and Ipswich, thence running westerly and

Acts, 1896. — Chaps. 506, 507. 503

across said railroad a distance of thirty-one rods, thence

north forty and one half degrees west one hundred and

thirty-seven and one half rods, thence north nine degrees

east one hundred and seventy rods to an old boundary

stone on the road leading from Kent's Corner to the back

side of Hamilton, — with all the estates therein, is hereby

set off from the town of Hamilton and annexed to and

made a part of the town of Ipswich. And so much of fnnexeVfo*'^*''^

the town of Ipswich as lies west of the alcove-described Hamilton.

line, with all the estates therein, is hereby set off from

the town of Ipswich and annexed to and made a part of

the town of Hamilton.

Section 2. The town of Ipswich shall hereafter main- Town of
tain and keep in repair that portion of the highway on maintain and
each side of Kent's Corner now held in common by the portion of^*"^
two towns. ^ZT!"^'^^'

Section 3. This act shall take effect upon its passage.

Approved June 5, 1896.

Chap.506

An Act to authorize the county commissioners of the
county of worcester to expend a sum of money in part
payment of the cost of a statue of charles devens.

Be it enacted, etc., as folloivs :

The county commissioners of the county of Worcester County com-

,,.,.,, . , y T missioners may

are hereby authorized to appropriate and expend a sum appropriate a
not to exceed five thousand dollars for the purpose of de- toward coB^of
fraying one third part of the cost of a statue of the late charfea Devens.
General and Judge Charles Devens, the same to be erected
on the grounds of the Worcester county court house.
The sum hereby authorized shall be paid by said commis-
sioners to such person or persons as the city of Worces-
ter and private parties subscribing for said statue may
designate, and at such time as the remaining two thirds
part of the cost shall have l)een provided for by said city
and parties. Approved June 5, 1896.

Chap.507

An Act to provide for certain improvements at the berk-
shire COUNTY JAIL.

Be it enacted, etc., as foUoics :

Section 1. The county commissioners of the county shower baths to
of Berkshire are hereljy required to jcrovide shower baths Be^kTh/re^
for the prisoners in the jail of said county. The expense *^°"°'yj'" •
incurred for said purpose shall not exceed one thousand

504

Acts, 1896. — Chap. 508.

dollars, and the whole or a part of the necessary sum may
be borrowed by said commissioners on the credit of said
county. Said commissioners may use the labor of the
prisoners in said jail in making said improvement, and
the work shall be completed before the first day of Jan-
uary in the year eighteen hundred and ninety-seven.
Section 2. This act shall take eifect upon its passage.

Approved June 5, 1896.

Chan.dOS ^^ -^^"^ relative to the constkuction of a sea wall along

CHARLES RIVER IN THE CITY OK CAMBRIDGE.

City of Cam-
bridge may
construct a sea
wall along
Charles river
under certain
conditions.

Material used
for filling to be
dredged from
flats, etc.

Be it enacted, etc., as follows:

Section 1. If the city of Camljridge, l)y its city
council, acting under the authority heretofore given to it
l)y acts of the general court, should hereafter take and hold
l)y purchase or otherwise, for park purposes, a certain
parcel of land situated in said city and bounded as follows :
— Southerly, l)y the United States pier and ])ulkhead line,
established in accordance with the statutes of the United
States and approved by the secretary of war on the thir-
teenth day of Fel^ruary in the year eighteen hundred and
ninety, twenty-five hundred and twenty-two feet, more or
less ; northwesterly l)y land of The Charles River Embank-
ment Company, two hundred and thirty-one and thirteen
one hundredths feet; northerly l)y a line parallel with
said pier and bulkhead line, and two hundred feet distant
northerly therefrom, twenty-one hundred and seventy-five
feet, more or less, and northeasterly, by Main street and
West Boston l)ridge, two hundred and fifty-four feet,
the said city of Cambridge may by its board of park
conmiissioners, subject to the approval of the board of
harbor and land commissioners, Iniild a solid sea wall
upon the entire southerly line of said parcel of land, the
southerly face of which wall shall coincide with the said
pier and bulkhead line, between the two termini of said
southerly line, and fill to established grades the land
included in the foregoing description, so that the level of
the same when filled shall coincide with the grade of said
West Boston liridge and with the grade of the said adjoin-
ing land of The Charles River Embankment Company.

Section 2. The material used for doing the filling
hereby authorized shall be dredged from the flats on the
northerly side of the channel of Charles river basin, lying

Acts, 1896. — Chap. 509. 505

between West Boston bridge and Harvard bridge, in such
places and to such depths as the Ijoard of harbor and
land commissioners, having due regard to the require-
ments of navigation, the improvement of said basin and
the quality of material suitable for such tilling, shall
from time to time prescribe. All the work in tide water
shall be subject to the provisions of all general laws ap-
plica1)le thereto.

Section 3. Said city shall be lialilc to pay all damages Damages,
sustained by any persons or corporations by the taking
or injury to any of their land, real estate or property for
the purposes aforesaid, under and l)y virtue of this act, so
far as provision for the payment of such damages has
not heretofore been made l^y chapter three hundred and
forty-one of the acts of the year eighteen hundred and
ninety-two and the amendments thereof; and the proceed-
ings for the recovery of such additional damages, if any,
as to the time and manner of recovery, and in all other re-
spects, shall be the same as provided in said act and said
amendments.

Section 4. This act shall take effect upon its passage.

Approved June 6, 1896.

An Act to divide the commonwealth into districts for the fij^nry 5QQ

CHOICE OF SENATORS AND COUNCILLORS, AND TO APPORTION "'

representatives to the several COUNTIES.

Be it enacted^ etc., as follows:

SENATORIAL DISTRICTS.

Section 1. For the purpose of choosing senators s™atonai
until the next decennial ap})ortionment the Common-
wealth is hereby divided, agreeably to the provisions
of the constitution, into forty districts, as hereinafter
specified.

Section 2. The towns in the counties of Barnstable, cape District.
Dukes County and Nantucket shall constitute a district,
to 1)0 known as the Cape District.

Section 3. The county of Bristol is divided into three
districts, as follows : —

The city of Taunton and the towns of Attleborough, First Bristol
Berkley, Easton, Mansfield, North Attleborough, Norton, ^*''""'-
Eaynham, Rehoboth and Seekonk shall constitute a dis-
trict, to be known as the First Bristol District.

506

Acts, 1896. — Chap. 509.

Second Bristol
District.

Third Bristol
District.

First Plymouth
District.

Second Plym-
outh District.

First Norfolk
District.

Second Norfolk
District.

First Suffolk
District.

Second Suffolk
District.

The city of Fall Eiver and the towns of Dighton, Som-
erset and Swanzey shall constitute a district, to be known
as the Second Bristol District.

The city of New Bedford and the towns of Acushnet,
Dartmouth, Fairhaven, Freetown and Westport shall
constitute a district, to be known as the Third Bristol
District.

Section 4. The county of Plymouth, together with
the town of Cohasset in the county of Norfolk, is divided
into two districts, as follows : —

The towns of Abington, Carver, Duxbury, East Bridge-
water, Halifax, Hanover, Hanson, Hingham, Hull, Kings-
ton, Marshfield, Norwell, Pembroke, Plymouth, Plymp-
ton, Rockland, Scituate, AYhitman and Cohasset shall
constitute a district, to 1)e known as the First Plymouth
District.

The city of Brockton and the towns of Bridgewater,
Lakeville, Marion, Mattapoisett, Middleborough, Roches-
ter, Wareham and AVest Bridgewater shall constitute a
district, to be known as the Second Plymouth District.

Section 5. The county of Norfolk, exclusive of the
town of Cohasset, is divided into two districts, as fol-
lows : —

The city of Quincy and the towns of Braintree, Canton,
Holl)rook, Hyde Park, Milton, Randolph and Wey-
mouth shall constitute a district, to T)e known as the First
Norfolk District.

The towns of Avon, Bellingham, Brookline, Dedham,
Dover, Foxborough, Franklin, Medfield, Medway, Millis,
Needham, Norfolk, Norwood, Sharon, Stoughton, Wal-
pole, Wellesley and Wrentham shall constitute a district,
to be known as the Second Norfolk District.

Section 6. The county of Suflblk, together with the
ward numl)ered three in the city of Cambridge in the
county of Middlesex, is divided into nine districts, as
follows : —

The city of Chelsea, the towns of Revere and Winthrop
and the ward numbered one in the city of Boston shall
constitute a district, to ])e known as the First Suffolk
District.

The wards numbered three, four and five in the city of
Boston and the ward numl^ered three in the city of Cam-
bridge shall constitute a district, to l)e known as the Sec-
ond Suffolk District.

Acts, 1896. — Chap. 509. 507

The wards numbered two, six and eiixbt in the city of ^f^ Suffolk

^ JDistrict

Boston shall constitute a district, to be known as the
Third Suffolk District.

The wards numbered seven, nine and seventeen in the Fourth Suffolk
city of Boston shall constitute a district, to l)e known as ^'**"'''-
the Fourth Suffolk District.

The wards numljered ten, twelve and eighteen in the Fifth Suffolk
city of Boston shall constitute a district, to be known as ^'*'''"=*-
the Fifth Suffolk District.

The wards numbered thirteen, fourteen and fifteen in sixth Suffolk
the city of Boston shall constitute a district, to l)e known
as the Sixth Suffolk District.

The wards numbered sixteen, twenty and twenty-four seventh Suffolk
in the city of Boston shall constitute a district, to be ^'*^"'=''
known as the Seventh Suffolk District.

The wards numbered twenty-one, twenty-two and ^Ifu-'i^t^"^""^
twenty-three in the city of Boston shall constitute a dis-
trict, to be known as the Eighth Suffolk District.

The wards numbered eleven, nineteen and twenty-five Ninth Suffolk
in the city of Boston shall constitute a district, to be ^*^'"*='-
known as the Ninth Suffolk District.

Section 7. The counties of Essex and Middlesex,
exclusive of the ward numl)ered three in the city of Cam-
bridge, are divided into thirteen districts, as follows : —

The wards numbered one, two, three, four, five and cZ/trkt*^^^
seven in the city of Lynn and the towns of Nahant and
Swampscott in the county of Essex shall constitute a dis-
trict, to 1)6 known as the First Essex District.

The cities of Beverly and Salem and the towns of Dan- second Essex
vers and Marlilehead in the county of Essex shall consti- •'^'*'"*''-
tute a district, to be known as the Second Essex District.

The cities of Gloucester and Newl)uryport and the TWrd Essex
towns of Essex, Hamilton, Ipswich, Manchester, New-
bury, Rockport, Rowley and Wenham in the county of
Essex shall constitute a district, to be known as the Third
Essex District.

The city of Haverhill and the towns of Amesbury, Fourth Esses
Bradford, Georgetown, Groveland, Merrimac, Salisljury
and West Newbury in the county of Essex shall consti-
tute a district, to be known as the Fourth Essex District.

The city of Lawrence and the towns of Andover, Box- Fifth Essex
ford, Methuen, North Andover and Topsfield in the ^^''"''•
county of Essex shall constitute a district, to be known
as the Fifth Essex District.

508 Acts, 1896. — Chap. 509.

Di'euia!*''^'^"^'' The city of Newton and the towns of Ashland, Fram-
ingham, Holliston, Hopkinton, Natick, Sherborn, Water-
town and Weston in the county of Middlesex shall con-
stitute a district, to be known as the First Middlesex
District.

Second Middle- I'l^g wards nunil)ered one, two, four and five in the city

st^x X)iBtrict

of Cambridge in the county of Middlesex shall constitute
a district, to l)e known as the Second Middlesex District.

JexDi^riclI^' The city of Sonierville and the towns of Arlington and
Belmont in the county of Middlesex shall constitute a
district, to be known as the Third Middlesex District.

Fourth Middle. r^i^Q citics of Evcrctt aud Maiden and the town of

sex District.

Melrose in the county of Middlesex shall constitute a
district, to be known as the Fourth Middlesex District.

Fifth Middlesex xhc citics of ]\Iarlborough, Medford and Waltham and
the towns of Lexington, Lincoln, Sudbury, Wayland and
Winchester in the county of Middlesex shall constitute a
district, to be known as the Fifth Middlesex District.

Sixth Middlesex xiic wards numbered five and nine in the city of Lowell

I-)istrict

and the towns of Acton, Ashby, Ayer, Bedford, Biller-
ica, Boxborough, Burlington, Carlisle, Concord, Dun-
stable, Groton, Hudson, Littleton, Maynard, Pepperell,
Eeading, Shirley, Stow, Tewksbury, Townsend, Tyngs-
borough, Westford and Wilmington in the county of
Middlesex shall constitute a district, to be known as the
Sixth Middlesex District.

se^xDi^ItrYc't'''"^" ^he wards numbered one, two, three, four, six, seven
and eight in the city of Lowell and the towns of Chelms-
ford and Dracut in the county of Middlesex shall constitute
a district, to be known as the Seventh Middlesex District.

Middlesex and ^]^\^q ^.^^y Qf ^Yobum and the towns of North Eeading,

Jiasex District. 'J O'

Stoneham and Wakefield in the county of Middlesex, the
ward numl)ered six in the city of Lynn and the towns of
Lynnfield, Middleton, Peabody and Saugus in the county
of Essex, shall constitute a district, to be known as the
Middlesex and Essex District.

Section 8. The county of Worcester is divided into

five districts, as follows : —

DiBtT^!^'"'^^^^^ The wards nunil)ered four, five, six, seven and eight in

the city of Worcester shall constitute a district, to be

known as the First Worcester District.

Worcester Tlic wards uuml^ered one, two and three in the city of

District. Worcester and the towns of Berlin, Bolton, Boylston,

Clinton, Harvard, Holden, Lancaster, Sterling and West

Acts, 1896. — Chap. 509. 509

Boylston shall constitute a district, to he known as the
Second Worcester Di.strict.

The city of Fitchburg and the towns of Ashburnham, Third
Athol, Gardner, Leominster, Lunenliurs-, Royalston, Satdct!^'^
Westminster and Winchendon shall constitute a district,
to be known as the Third Worcester District.

The towns of Barre, Brookfield, Charlton, Dana, Dud- fourth

Worcester

ley, Hardwick, Hubbardston, Leicester, New Braintree, District.
North Brookfield, .Oakliam, Paxton, Petersham, Philips-
ton, Princeton, Rutland, Southbridge, Spencer, Stur-
bridge, Templeton, Warren, Webster and West Brook-
field shall constitute a district, to be known as the Fourth
Worcester District.

The towns of Auburn, Blackstone, Douglas, Grafton, Fifth Worcester
Hopedale, Mendon, Milford, Millbury, Northborough,
Northbridge, Oxford, Shrewsbury, Southl)orough, Sutton,
Upton, Uxbridge and Westl)orougli shall constitute a dis-
trict, to ])e known as the Fifth Worcester District.

Section 9. The counties of Berkshire, Franklin,
Hami)den and Hampshire are divided into five districts, as
follows : —

The cities of North Adams and Pittsfield and the towns Berkshire
of Adams, Cheshire, Clarkslmrg, Dalton, Florida, Han-
cock, Hinsdale, Lanesborough, New Ashford, Peru,
Savoy, Williamstown and Windsor in the county of
Berkshire shall constitute a district, to be known as the
Berkshire Di.strict.

The towns of Alford, Becket, Egremont, Great Bar- Berkshire and
rington, Lee, Lenox, Monterey, Mount Washington, New DuTr^ct."^^
Marlborough, Otis, Richmond, Sandisfield, Shefiield,
Stockl)ridge, Tyringham, Washington and West Stock-
bridge in the county of Berkshire, the city of Northampton
and the towns of Chesterfield, Cummington, Easthamp-
ton, Goshen, Hadley, Hatfield, Huntington, Middlefield,
Plainfield, South Hadley, Southampton, Westhampton,
AVilliams])urg and Worthington in the county of Hamp-
shire, and the towns of Blandford, Chester and Russell in
the county of Hampden, shall constitute a district, to be
known as the Berkshire and Hampshire District.

The towns in the county of Franklin and the towns Frankiinand
of Amherst, Belchertown, Enfield, Granljy, Greenwich, Dfsu^ct."^^
Pelham, Prescott and Ware in the county of Hampshire
shall constitute a district, to be known as the Franklin
and Hampshire District.

510

Acts, 1896. — Chap. 509.

First Hampden
District.

Second Hamp-
den District.

Electionsduring
present political
year.

The city of Springfield and the towns of Brimfield,
Holland, Monson, Palmer, Wales and Wilbraham in the
county of Hampden shall constitute a district, to be
known as the First Hampden District.

The cities of Chicoi)ee and Holyoke and the tow^ns of
Agawam, East Longmeadow, Granville, Hampden, Long-
meadow, Ludlow, Montgomery, Southwick, Tolland,
West Springfield and Westfield in the county of Hamp-
den shall constitute a district, to be known as the Second
Hampden District.

Section 10. In case a new election is ordered during
the present political year to fill any vacancy in the senate,
said election shall be held in the district which elected the
senator whose })lace is vacant, as the same existed prior
to the passage of this act.

Councillor
Districts.

First District.

Second District.

Third District.

Fourth District.

Fifth District.

Sixth District.

COUNCILLOR DISTRICTS.

Section 11. For the purpose of choosing councillors
until the next decennial apportionment the Commonwealth
is hereby divided, agreeably to the provisions of the con-
stitution, into eight districts, as hereinafter specified.

Section 12. The Cape, the first and second Plymouth
and the second and third Bristol senatorial districts shall
constitute a district, to be known as the First Councillor
District.

Section 13. The first Bristol, first and second Nor-
folk and the seventh and eighth Sufiblk senatorial dis-
tricts shall constitute a district, to be known as the
Second Councillor District.

Section 14. The first and second Suffolk and the
first, second and third Middlesex senatorial districts shall
constitute a district, to be known as the Third Councillor
District.

Section 15. The third, fourth, fifth, sixth and ninth
Suffolk senatorial districts shall constitute a district, to
be known as the Fourth Councillor District.

Section 16. The first, second, third and fourth Essex
and the Middlesex and P^ssex senatorial districts shall
constitute a district, to be known as the Fifth Councillor
District.

Section 17. The fifth Essex and the fourth, fifth, sixth
and seventh Middlesex senatorial districts shall constitute
a district, to be known as the Sixth Councillor District.

Acts, 1896. — Chap. 509. 511

Section 18. The first, second, third, fourth and fifth seventh
Worcester senatorial districts shall constitute a district,
to 1)6 known as the Seventh Councillor District.

Section 19. The Berkshire, Berkshire and Hamp- Eighth Disirict.
shire, Franklin and Hampshire and first and second
Hampden senatorial districts shall constitute a district,
to 1)6 known as the Eighth Councillor District.

Section 20. In case a new election is ordered dur- Eiectionsdunng
ing the present political year to fill any vacancy in the year!"' p"'"'""'
council, said election shall be held in the district which
elected the councillor whose place is vacant, as the same
existed prior to the passage of this act.

APPORTIONMENT OF REPRESENTATIVES.

rionment
represenia-

Section 21. The two hundred and forty members of Apport

. , , ^ or repre

the house or representatives are hereby apportioned to tives to the sev-
the several counties, agreeably to the provisions of the ^^'^
constitution, until the next decennial apportignment,
as follows: — To the county of Barnstable, three repre-
sentatives ; to the county of Berkshire, nine representa-
tives; to the county of Bristol, eighteen representatives;
to the county of Dukes County, one representative ; to
the county of Essex, thirty-three representatives ; to the
county of Franklin, four representatives ; to the county
of Hann)den, thirteen representatives ; to the county of
Hampshire, five representatives; to the county of Middle-
sex, forty-seven representatives ; to the county of Nan-
tucket, one r6})resentative ; to the county of Norfolk
(excluding therefrom the town of Cohasset), thirteen
representatives ; to the county of Plymouth (including,
in addition, the town of Cohasset), twelve representa-
tives ; to the county of Suffolk, fifty-three representatives ;
to the county of Worcester, twenty-eight representa-
tives.

Section 22. In case a new election is ordered during EiectioDBduring
the present political year to fill any vacancy in the house year.
of representatives, said election shall be held in the dis-
trict w^hich elected the representative whose place is
vacant, as the same existed prior to the passage of this
act.

Section 23. This act shall take effect upon its passage.

Approved June 6, 1896.

512

Acts, 1896. — Chap. 510.

Chcip.510 An Act to incorporate the mt. tom railroad company.

Mt. Tom Rail-
road Company
incorporated.

May construct a
railroad, erect a
hotel, etc.

Motive power,
etc.

Capital Btock.

May issue
bonds.

Be it enacted, etc., as foUoivs :

Sectiox 1. William S. Loomis, John Olmsted, Aus-
tin E. Smith, William 11. Hill, Dwiaht H. Ires, Lyman
M. Tuttle, Robert B. Johnson, John G. Mackintosh,
Newrie D. Winter, Frederick Harris, Jereuwah F. Sulli-
van, Henry E. Gaylord and Henry O. Hastings, their
associates and successors, are hereb}' made a corporation
under the name of the Mt, Tom Railroad Company, with
all the power and privileges and subject to all the duties,
conditions and restrictions set forth in all general laws
that now are or may hereafter l)e in force relating to
manufacturing and other corporations, as set forth in
chapter one hundred and six of the Public Statutes, ex-
cept as hereinafter provided.

Section 2. Said company is hereby authorized to
construct and operate a railroad over land l)elonging or
leased to said company, from a point at the foot of ]\lount
Tom, between Mount Tom and Little Mountain, so-called,
in the city of Northampton, to a point at or near the top
of said Mount Tom ; to purchase or lease land at the ter-
mini of its route and along its route, and to erect and
maintain Iniildings thereon, including a hotel and other
buildings for amusement and entertainment.

Section 3. Said railroad may be operated by any
motive jiower, and said company is hereby authorized
to make, with any other corporation, such leases or con-
tracts for operating said railroad as the directors of such
other corporation may agree to and as may be approved
by the majority in interest of the stockholders of each
corporation at a meeting duly called for that purpose.
Said company is hereby authorized to make such lease or
leases with the Holyoke Street Railway Companj^

Section 4. The capital stock of said company shall
not exceed one hundred thousand dollars, except that
said company may increase its capital stock, sul)ject to
the provisions of all general laws relating to the increase
of capital stock of railroad corporations.

Section 5. Said company may from time to time by
the vote of a majority in interest of the stockholders, issue
coupon or registered Ijonds not exceeding one hundred
thousand dollars, for a term not exceeding twenty years

Acts, 1896. — Chap. 511. . 513

from the date thereof: provided, that no issue of bonds Proviso,
shall be made unless there shall have been actually paid
in an amount of the capital stock equal to the amount of
such issue. To secure the payment of such bonds with
interest thereon the said company may make a mortgaije
of its road, franchise and any other part of its property,
and may include in such mortgage property thereafter to
be acquired, and may therein reserve to its directors the
right to sell or otherwise in due course of business dis-
pose of property included therein which may have become
worn, damaged or unsuitable for use in the operation of
its road, provided an equivalent in value is substituted
therefor ; and all l)onds issued shall lirst be approved by
some person appointed l\y the company for that purpose,
who shall certify upon each bond that it is properly issued
and recorded.

Section 6. All stock and l)onds authorized by this issue, etc., of
act shall be issued and disposed of in accordance with the bMds^"
provisions of all general laws relating to the issue of
stocks and bonds by railroad corporations.

Section 7. Said company shall be exempt from all To be exempt

T-, •^ n /»i from certain

general laws as to mileage or tares tor the carrying of general laws.
passengers on its road.

Section 8. The provisions of this act shall be void if ^"ucted ^etc°°'
the said company shall not have constructed and operated ?," "f i^e'fore '
said road on or before the first day of May in the year
eighteen hundred and ninety-nine.

Approved June 6, 1896.

An Act to authorize the Worcester and Shrewsbury street rii r-i -i

RAILWAY COMPANY AND THE WORCESTER AND SHREWSBURY RAIL- ^ '

KOAD COMPANY TO LEASE THEIR PROPERTY TO THE WORCESTER
CONSOLIDATED STREET RAILWAY COMPANY.

Be it enacted, etc., as foUotvs :

The Worcester and Shrewsbury Street Railway Com- The Worcester
pany and the Worcester and Shrewsbury Railroad Com- s^rl^ft^RaTrway^'
pany are hereby authorized severally to lease their rail- S,°e°\vo°rce8°e'l
ways, franchises and other i)roperty to the Worcester and Shrewsbury
Consolidated Street Railway Company, for a term not p^ny may lease
exceeding ninety-nine years from the date of said lease, \.^^]'^ ^^^ ^^y^'
and the AVorcester Consolidated Street Railway Company
is hereby authorized to accept such leases. Said leases
shall be upon such terms and conditions, includino- rates

514 Acts, 1896. — Chaps. 512, 513.

of fare, as the directors and stockholders of the respective
corporations shall agree upon, subject to the approval of
the board of railroad commissioners, according to the
provisions of chapter five hundred and six of the acts of
the year eighteen hundred and ninety-four.

Approved June 6, 1896.

CJl(lV.5V2 ^^ ^^'^ MAKING AN APPROPRIATION FOR SALARIES AND EXPENSES
AT THE STATE NORMAL SCHOOL AT NORTH ADAMS.

Be it enacted^ etc., as folio ivs :
^"o^mai^schooi Section 1. A sum not exceeding six thousand dollars
Adams. is hercliy appropriated, to be paid out of the moiety of

the income of the Massachusetts School Fund applicable
to educational purposes, and the excess, if any, from the
treasury of the Commonwealth, for the payment of sal-
aries and expenses at the state normal school at North
Adams, during the year ending on the thirty-first day of
December in the year eighteen hundred and ninety-six.
Section 2. This act shall take effect upon its passage.

Approved June 6, 1896.

ChCt7).5\S ^^ ^^'^ '^•^ PROVIDE FOR AIDING TOWNS IN THE CONSTRUCTION
AND MAINTENANCE OF BETTER ROADS.

Be it enacted, etc., as follows:
Road machines SECTION 1. Upou the application to tlic Massacliusetts

to be furnished , . , . .'■ ^ , . .

at the expense highway coiumissioii 01 tlic couuty conmnssioners or any
monweaithfor couutv, made at the request of any town of not more than
t'owis.'^etc?'" twelve thousand inhabitants within said county, there shall
be furnished by said highway commission to said county,
at the expense of the Commonwealth, one or more steam
rollers, portable stone crushers and such other road ma-
chines as the said highway commission may deem neces-
sary for the construction and maintenance of better roads
in the town making such request. Such machines shall
remain the property of the Commonwealth and shall be
managed and maintained under the direction of the county
commissioners. The county comjnissioners shall engage
competent engineers and skilled mechanics to operate said
machines, who shall be paid from the county treasury
such sums for each day's actual services as the county
commissioners may determine. The expenses so incurred
shall be repaid to the county by the towns using said ma-

Acts, 1896. — Chap. 514. 515

chines, as apportioned by the county commissioners, in
proportion to the time in which such machines were used
by them.

Section 2. Chapter four hundred and eighty-six of Repeal.
the acts of the year eighteen hundred and ninety-live is
hereby repealed.

Section 3. Tliis act shall take effect upon its passage.

Approved June 6, 1896.

An Act relative to releases from the parental school of QIiqy) 514
the city of boston. "'

Be it enacted, etc., as folio u: s :

Section 1. The institutions commissioner of the city Releases of
of Bo.ston, with the approval of the superintendent of the Parental
schools of said city, and of a justice of the court which Bo^ton.°^
imposed the sentence, may at any time permit any child
now or hereafter committed to the Parental School of said
city to be at liberty upon such terms and conditions as
said superintendent of schools and said institutions com-
missioner shall together deem best.

Section 2. If any child who is permitted to be at ^'e'™"'^ P'^y ^®

,., -Ill 1 T • ■ -I revoked m

liberty, as provided by the preceding section, violates, certain cases.
in the opinion of said superintendent of schools and said
institutions commissioner, the terms and conditions of
his release so that he is in their judgment a fit subject to
be returned to said Parental School, said institutions com-
missioner, at any time previous to the expiration of the
term for which such child shall have been committed to
said Parental School, may revoke such permit.

Section 3. Said commissioner, when any such per- Arrest and
mit to a child has been revoked, shall issue an order chud?en.
directed to a truant officer or police officer of said city to
arrest such child and return him to said Parental School ;
and any such officer holding said order shall arrest such
child and return him to said Parental School, where he
may thereupon be held, subject to the provisions of this
act, for the unexpired portion of the term of the original
sentence. All costs and expenses incurred by such officer
in the arrest and return of such child to said school shall
be paid to said officer by the city of Boston, when ap-
proved by a justice of the court which imposed the sen-
tence.

516

Repeal.

Acts, 1896. — Chap. 515.

Section 4. All acts and parts of acts so far as they
are inconsistent with the provisions of this act are herebj^
repealed.

Section 5. This act shall take eflect upon its passage.

Approved June 6, 1896.

Cha2).515

The words
" AsBessment
Plan " to be
printed in cer-
tain policies,
etc.

Persons failing
to pay assess-
ments to be noti-
fied, etc.

Commission
may be ap-
pointed to
investigate
management,
etc.

An Act kelative to assessment insurance corporations.
Be it enacted, etc., as follows :

Section 1. Hereafter in every policy or certificate
issued to a resident of Massachusetts 1)V any corporation
transacting therein the business of life insurance upon the
assessment plan, and in every application for such policy
or certificate, there shall be printed in bold type, making
one of the principal lines near the top thereof, the words
*' Assessment Plan ", and the same Avords shall be printed
conspicuously in or upon every circular, card, advertise-
ment and printed document issued by such corporation
within this Commonwealth.

Section 2. At the expiration of the time for payment
stated in each call or notice of an assessment for mortuary,
disal)ility or expense purposes, made by any corporation
referred to in the preceding section, the officers of such
corporations shall at once forward hy registered mail to
each person who has failed to make the payment de-
manded, a notification of such failure, and if within fifteen
days after the receipt of such notification, as shown by the
date upon the return card, the insured shall make payment
of such call or assessment, with the additional amount of
fifty cents, such policy or certificate shall be continued in
force the same as if payment had been made under the
terms of the original call or assessment.

Section .3. Whenever a petition signed by not less
than one tenth of the holders residing in Massachusetts,
of policies or certificates outstanding upon the thirty-first
day of December next preceding the date of the petition,
as shown by the annual statement of said company to the
insurance commissioner, of any domestic assessment in-
surance company or association doing business under
chapter four hundred and twenty-one of the acts of the
year eighteen hundred and ninety and acts in amendment
thereof, shall be presented to the governor asking for an
investigation of the management, l)usiness and affairs of
said company or association, the governor shall, by and

Acts, 1896. — Chap. 515. 517

with the consent of the council, appoint a commission of
not less than three nor more than seven policy or certili-
cate holders of said company, who shall be residents of
this Commonwealth, none of whom shall be an officer,
director, agent or employee of any life insurance company
or assessment association. Said commission shall forth- To inspect and
with proceed thoroughly tq inspect and examine the affairs of company,
of said company, especially as to its financial condition
and ability to fulfil its obligations, and whether it has
complied with the laws of this Commonwealth, and
whether the officers thereof have been guilty of any fraudu-
lent or unlawful conduct in the management of its affiiirs.
For the purposes of such investigation said commission May employ
shall have the power to employ all necessary agents, ex- agentsfetc.
aminers, experts and counsel, but shall not so employ any
person who is an officer, director, agent or employee of
any other life insurance company or assessment associa-
tion. For the purpose of such examination the commis- To have free
sion, or persons making the examination for them, shall pap^eM.etc"" ^'
have free access to all books, papers and contracts of said
company, or which relate to its business, and may sum-
mon and qualify as witnesses under oath, and examine, the
directors, officers, agents and trustees of such company
or association, and any other persons, in relation to its
business, its present and past affairs, transactions and con-
dition. Any justice of the supreme judicial court or of Attendance of
the superior court, either in term time or vacation, upon
the application of the commission, may in his discretion
compel the attendance of such witnesses and the giving of
testimony before the commission, in the same manner and
to the same extent as before said courts. The reasonable compensation
compensation of and expenses incurred 1>y such commis- of^commission,
sion for such examination, including the payment of
expenses and compensation of all persons employed by
said commission, shall be paid ])y the company or asso-
ciation, after the same have been first approved by the
governor and council. The report of such commission Report, etc.
shall l)e made to the governor and council as soon as pos-
sible, and so much thereof as the governor and council
may deem proper shall be printed in the next annual re-
port of the insurance commissioner ; and if the governor
and council deem it advisal^le a copy of said report or any
portions thereof shall be sent by the officers of said com-
pany or association to each policy holder thereof. In any

518

Acts, 1896. — Chap. 515.

Contract of
transfer or re-
inBuranee to be
approved, etc.

Medical
examination.

Penalty.

1890, 421, § 13,
amended.

Corporations
conducting
business fraudu
lently, etc , to
be proceeded
against.

year when such examination is made by such commission
the insurance commissioner shall not l)c required to make
an examination of said company, unless he deems the in-
terest of the public and policy holders so require.

Section 4. No corporation shall transfer its risks to or
reinsure them in any corporation, company or association
doino^ l)usiness under the provij?ions of chapter four hun-
dred and twenty-one of the acts of the year eighteen hun-
dred and ninety and acts in amendment thereof, unless the
said contract of transfer or reinsurance is first sul)mitted
to and approved by a two thirds vote of the policy holders
of each corporation present at meetings called to consider
the same, of which meetings written or printed notice
shall ])e mailed to each policy or certificate holder at least
thirty days before the date fixed for said meeting, and
unless the said contract of transfer or reinsurance is first
submitted to and approved by the insurance commissioner.

Section 5. No corporation, except a corporation en-
gaged in the business of accident insurance, transacting
the business of life insurance upon the assessment plan,
shall enter into any contract of insurance upon lives
within this Commonwealth without having previously
made, or caused to 1)e made, a prescribed medical exami-
nation of the insured by a registered medical practitioner.
Any assessment insurance company violating the provi-
sions of this section, or any officer, agent or other person
soliciting or eft'ecting or attempting to effect a contract of
insurance contrary to the provisions hereof shall ])e deemed
guilty of misdemeanor, and shall be punished by a fine not
exceeding one hundred dollars for each offence.

Section 6. Section thirteen of chapter four hundred
and twenty-one of the acts of the year eighteen hundred
and ninety is herel)y amended by striking out the whole
of said section and inserting in place thereof the follow-
ing : — Section 13. When the insurance commissioner,
or a commission appointed by the governor upon petition
of policy holders, on investigation are satisfied that any
such corporation, company or association has exceeded
its powers, or has failed to comply with any provisions
of law, or has conducted lousiness fraudulently, or that
its condition is such as to render its further proceedings
hazardous to the public or to its policy holders, they shall
report the facts to the attorney-general, who may there-
upon apply to a justice of the suprem^judicial or superior

Acts, 1896. — Chap. 515. 519

court for an injunction restraining such corporation,
company or association in wliole or in part from the
further prosecution of business. Such justice may in
his discretion issue an injunction forthAvith, or upon
notice and hearing thereon may issue such injunction or
decree for the removal of any oificer of said corporation,
company or association, and substitute a suitable person
to serve in his stead until a successor is chosen, and
after a full hearing on the matter may dissolve or modify
such injunction or make it perpetual, and make such
further orders and decrees as the interests of the cor-
poration, company or association, the policy holders and
the public may require ; and may appoint a receiver to
take possejfision of the property and effects of the cor-
poration, company or association, and to settle its affairs,
subject to such rules and orders as the court may from
time to time prescribe, according to the course of pro-
ceedings in equity. No order, judgment or decree
appointing a tem})orary or permanent receiver of any
domestic corporation, company or association doing busi-
ness under the provisions of this act shall be made or
granted otherwise than upon the application of the attor-
ney-general, on his own motion, or at the relation of
said insurance commissioner, or said commission ap-
pointed l)y the governor, upon petition of policy holders,
except in an action by a judgment creditor, or in proceed-
ings supplementary to an execution.

Section 7. Section twenty of chapter four hundred etc^'amended
and twenty-one of the acts of the year eighteen hundred
and ninety, as amended by chapter two hundred and
sixty-three of the acts of the year eighteen hundred and
ninety-five, is hereby amended by striking out all of said
section and inserting in place thereof the following : —
Section 20. No corporation, company or association Not to issue
doing l)usiness under this act shall issue a certificate or of personmore*
policy upon the life of any person more than sixty years oUgej^eu/'^'*'^^
of age ; nor ujion a life in which the beneficiary named
has no interest : j^^ovided, hoirever, that such corporations Provisos.
which insure against accident only may issue policies or
certificates on the lives of persons not over seventy years
of age. Every call for payments by the policy or cer-
tificate holders shall distinctly state the purpose of the
same and whether any part thereof shall or may be used
for expenses, and if so, how much ; provided, hoioever.

520

Acts, 1896. — Chap. 516.

Form of policy,
etc., to be ap-
proved by
insurance com-
missiODer.

Not to apply to
fraternal bene-
ficiary asBO-
ciations.

Not to apply to
certain com-
panies, etc.

When to take
effect.

that no portion of assessments called for mortuary or
disability purposes shall be used for expenses Avithout
the consent and approval in writing of the insurance
commissioner. No call in excess of the last prior call
shall be made without the consent and approval in w^rit-
ing of the insurance commissioner, a copy of which con-
sent and approval shall be duly sent to each policy or
certificate holder upon whom such call is made.

Section 8 . No policy or certificate of insurance shall
be issued by any corporation, company or association
transacting the business of life insurance upon the assess-
ment plan under the provisions of chapter four hundred
and twenty-one of the acts of the year eighteen hundred
and ninety and acts in amendment thereof, except in such
form as shall be first approved by the insurance commis-
sioner.

Section 9. The provisions of this act shall not apply
to fraternal beneficiary associations transacting business
in this Commonw^ealth.

Section 10. The provisions of this act shall not apply
to associations or companies transacting only an accident
or casualty business upon the assessment plan.

Section 11. This act shall take efi'ect upon its pas-
sage : provided, Jiowever, that the provisions of section
one shall not take ettect until the first day of July in the
year eighteen hundred and ninety-six.

Approved June 6, 1896.

ChciT).51G ^^ '^^^ ^*^ PROVIDE FOR A UNION STATION FOR PASSENGERS ON RAIL-
ROADS ENTERING THE SOUTHERLY PART OF THE CITY OF BOSTON.

The Boston
Terminal Com-
pany incor-
porated.

Capital Btock.

Be it enacted, etc., as follows:

Section 1. Charles F. Choate, William Bliss, Wil-
liam T. Hart, Royal C. Taft, and Charles P. Clark, their
associates and successors, are hereby make a corporation
by the name of The Boston Terminal Company, with
power to construct and maintain a union passenger station
in the southerly part of the city of Boston, and to pro-
vide and operate adequate terminal fiicilities for the sev-
eral railroad companies hereinafter authorized to hold the
stock of said terminal company, and for the accommoda-
tion of the public in connection therewith.

Section 2. The capital stock of said corporation shall
be five hundred thousand dollars, and the Boston and

Acts, 1896. — Chap. 516. 521

Albany Railroad Company, the New England Railroad
Company, the Boston and Providence Railroad Corpora-
tion, the Old Colony Railroad Company, and the New
York, New Haven and Hartford Railroad Company, being
lessee of the Old Colony Railroad Company, may each
subscribe for and hold one hfth portion of the said capi-
tal stock. The corporation may ])y l)y-laws regulate the
terms and conditions upon which its stock may be trans-
ferred. All said capital stock shall be paid in in cash by
said railroad companies liefore the corporation takes any
land under the provisions of this act.

Section 3. The immediate government and direction Board of trua-
of the aftairs of said terminal company shall be vested in mentrefc?"'
a board of live trustees, to be appointed at once on the
organization of said company, one of whom shall be
appointed hy each of said railroad corporations from its
directors, to hold office as such trustee at the pleasure of
the corporation by whom he is so appointed ; any vacancy
to be filled in like manner. The trustees shall elect one To elect certain
of their numlier to be chairman, and may elect another to °®*=^'"*' *^'°-
be vice chairman, and shall choose a clerk who shall be
sworn, and a treasurer who shall give bond in the sum
required by the by-laws, with surety, for the faithful
discharge of his duties.

Section 4. Said terminal company, to provide means May issue
to carry out the purposes of this act, may from time to ^°°*^*'
time issue coupon or registered bonds, in sums of not
less than one hundred dollars each, payable at periods
not exceeding one hundred years from the date thereof,
bearing interest not exceeding four per cent, per annum,
payable annually, semi-annually, or quarterly, to such an
amount as may be necessary and as may be approved by
the board of railroad commissioners. No bonds shall l)e Bonds to be
issued unless approved in writing l)y at least three of the ^pp"'"^^'^- ®'•'•
trustees of the corporation. Said corporation may mort-
gage or pledge as security for the payment of such bonds
or of any bonds given in renewal thereof, a part or all of
its real estate and other property. In case any mortgage Railroad com-
made to secure l)onds issued by the terminal company uabirfor clr-
under the provisions of this act shall be foreclosed, and '?'" deficien-

1-1-1* •■^ ClGflj QIC*

there shall not be thereby realized a sum sufficient to pay
all the then outstandinsr bonds secured l)v said morteaire,
said railroad companies shall be held liable to pay any
deficiency in the amount recjuired to pay all of said bonds

522

Acts, 1896. — Chap. 516.

May take
certain land.

Provisos.

and the interest thereon in such proportions as may be
just and equital)le, having regard to the use which they
or their lessees may have respectively had of the mort-
gaged property ; and the supreme judicial court shall
have jurisdiction in equity to determine such proportions
and to compel such payments to be made, so that the full
payment of the principal and interest of l)onds issued
under the provisions of this act l)y the terminal company
shall not in any event fail. Any such mortgage shall be
made to a trustee or trustees approved in writing Ijy the
board of savings banks commissioners, and savings banks
and institutions for savings may invest in such bonds
when so secured.

Section 5. Said terminal company may purchase or
otherwise take in fee the whole or any part of the land
in the city of Boston within the following limits, that is
to say: — Beginning at the easterly corner of Atlantic
avenue and a way called Summer street, thence bounded
by the northerly line of said way extended to Fort Point
channel ; thence by said channel to Broadway ; thence l)y
Broadway to the westerly line of Lehigh street ; thence
by the westerly line of Lehigh street and by South street,
Kneeland street and the westerly line of Cove street
extended to Federal street ; thence l)y the westerly line of
Federal street to Summer street, and thence across public
ways to the point of beginning ; and may discontinue and
occupy for its purposes all streets and rights of way em-
braced within the land so acquired: ^;>"0ivV?ef?, however,
that no land belonging to the Boston and Albany Kailroad
Company or to the Old Colony Railroad Company shall
be taken l\y said terminal company without the consent
of the directors of ])oth of said railroad companies ; and
iwovided,, further , that the portion of Federal street to l)e
discontinued under the provisions of this act shall not be
closed to travel prior to the completion of the extension
of Summer street and the extension of Dorchester avenue
hereinafter provided for, and the opening of the same to
travel, unless a temporary provision for the travel over
such portion of Federal street, so that the travel shall not
l)e interrupted, is provided for in some manner approved
by the mayor, such temporary accommodation to continue
until the completion of said Dorchester avenue and Sum-
mer street, and provided, further, that if said terminal
company shall take for the purpose of this act any part

Acts, 1896. — Chap. 516. 523

of the land within the limits before described, owned by
the Boston Gas Light Company, it shall take the whole
of the land owned by said Boston Gas Light Company
within said limits.

Section 6. Said terminal company, npon the passaoe company to

-,. iii/.,i-,i • 1,1 ji organize; plane,

of this act, shall forthwith organize, and thereupon the etc.. for con-
trustees thereof shall at once prepare plans and speci- union passen^'ger
fications for the construction of a union passenger station p"epa?ed,etc.
upon land herein-above authorized to l)e taken, adequate
for the Ijusiness to be accommodated, and of such con-
struction as may be l)est adapted for the accommodation
of the companies and of the public, exhibiting its form,
dimensions of walls, rooms and partitions, and arrange-
ments, and its location with reference to the adjacent
streets and to the tracks of all said railroad companies
located or proposed to be located in the vicinity thereof,
and any projections over adjacent streets, so far as prac-
ticable, and shall submit said plans when completed to
the mayor of Boston for his approval, who shall forth-
with approve or disapprove them in writing. The trus- pianetobe
tees shall then at once submit said plans to the board of rruroldcom-
railroad commissioners for its approval, and said board, i^issioners, etc.
after notice to the railroad companies and to the mayor
of Boston, and a hearing, shall aj^prove the plans, or
order such changes thereof as in their judgment the safety
and convenience of the public and the interests of all said
railroad companies require. Said station shall l)e con-
structed by the terminal company according to the plans
thus approved by the board of railroad commissioners,
or as the same may ])e changed, as hereinafter provided.
The supreme judicial court, or any justice thereof, shall
have jurisdiction in equity to enforce the provisions of
this section.

Sectiox 7. Said terminal company, within three Location of
months after the plans of said union station are approved fiied%tc.^
as aliove-provided, shall tile in the registry of deeds for
the county of Suffolk a location of the lands herel)y
authorized to be taken by it, or of such part thereof as it
then deems it necessary to acquire, and shall proceed with
all reasonable diligence to the construction and comple-
tion of such union passenger station according to said
plans. But the trustees of the terminal company may Trustees may
from time to time propose to the mayor of Boston any fn p'lans.^et^c"^^*
changes in said plans, and the mayor shall forthwith

524 Acts, 1896. — Chap. 516.

approve or disapprove such changes in writing, and the
trustees shall then at once submit such changes to the
board of railroad commissioners, who, after notice to the
mayor and to the railroad companies, and a hearing, shall
approve the same, or order such moditications thereof as
in their judgment the safety and convenience of the public
and the interests of all said railroad companies require.
Rules and SECTION 8. Said terminal compauv, upou the couiple-

regulations for , ^ • -, • jj-i luii

the use of union tiou of said uuiou passcuger station and grounds, snail

stauon w'^d make reasonable rules and regulations for their use ; and

grounds. ^j^^ lioard of railroad commissioners, upon the application

of either of said companies or of the mayor of the city of

Boston, and a hearing may, from time to time, make any

modification of such rules and regulations which they may

deem just and reasonable. Such rules and regulations

shall 1)6 bindnig upon all corporations and persons in the

use of said station and grounds, and shall be enforced by

railroad police officers who may be appointed upon the

application of the terminal company, in the same manner

and with the same powers in said station and grounds,

and with like liability of the terminal company for their

acts, as railroad police officers under the general law.

Railroad com- SECTION 9. All Said railroad companies upon the

panies to use /..n • in i ij.i

station upon its completioii of said statioii shall use the same, and the
comp etion, etc. ^^^.^^^jj^j^^ facilities providcd by said terminal company on
the land herein-above authorized to be taken, for all of
their terminal passenger business in Boston, instead of
the passenger terminals now used by them, and the su-
preme judicial court, or any justice thereof, shall have
jurisdiction in equity to enforce this provision ; but said
terminal company may contract with either of said rail-
road companies for the use of such separate and specitied
portion or portions of the terminal station hereinafter
provided for as may be reasonably necessary for their
respective use.
pa^nieslopa^for SECTION 10. Said railroad companies hereby required
use of station, to usc Said uulon statlou shall pay to the terminal com-
pany for such use, in monthly payments, such amounts
as may be necessary to pay the expenses of its corporate
administration and of the maintenance and operation of
said station, and of the facilities connected therewith and
owned by said terminal company, including insurance and
all repairs, all taxes and assessments which may be re-
quired to be paid by said terminal company, the interest

etc

Acts 1896. — Chap. 516. 525

upon its l)onds or other obli2:ations issued under the pro-
visions of this act as the same shall become payable, and
a dividend, not to exceed four per cent, per annum, upon
its capital stock. Each of said railroad companies shall whichMm-*"
pay for such use of said station and facilities in the pro- paniesshaii
})ortion in which it has the use thereof, the same to be
tixed l)y the written agreement of all of said railroad
companies before the completion of said station ; and in
case they fail thus to agree the lioard of railroad commis-
sioners shall determine such proportions upon the appli-
cation of said terminal company or of any of the railroad
companies. Said proportions as thus tixed, either by Proportions
agreement or by the decision of the board of railroad Scf ^''^^'^^ •
commissioners, may be revised and altered from time to
time, either by the written agreement of all of the rail-
road companies at any time, or l)y the board of railroad
commissioners upon like application, at intervals of not
less than three years. The decisions of the board of
railroad commissioners fixing said proportions of pay-
ments shall be .final and binding upon all of said railroad
companies, and the payments required to be made by
them respectively to said terminal company either by
such agreement or decisions shall l)e deemed a part of
their operating expenses, and the su})reme judicial court
or any justice thereof shall have jurisdiction in equity to
compel such })ayments to be made, either by mandatory
injunction or by other suitable process.

Section 11. In order to render the union station and changes to be

i^ •!• • • '11 made in

passenger tacilities herein provided to be constructed and streete, etc.
maintained by the terminal company accessible and con-
venient for public use, the following changes shall be
made by the board of street commissioners of the city of
Boston in its streets and public places, to wit: — Lehigh
street between South street and Broadway bridge shall
be discontinued ; Cove street shall be widened to the
width of at least one hundred feet, and extended at the
width to which it may thus be widened to Summer street
extended as required by this act ; all of Federal street
between Essex street and Federal street bridge which is
not embraced within land which the terminal company is
authorized to take, or which is not included in the above
widening or extending of Cove street, shall be discon-
tinued ; Summer street shall ])e extended at least one
hundred feet in width from Purchase street to the harbor

526

Acts, 1896. — Chap. 516.

Proviso.

Certain land
may be re-
leased, etc.

City of Boston
may issue
notes, bonds,
etc.

commissioners' line ; Dorchester avenue shall be extended:
over Federal street bridge, and thence laid out at a width
of ninety- two feet, upon land which the terminal com-
pany shall convey to the city without compensation,
substantially parallel with the harbor commissioners' line,
to Summer street so extended, and said terminal company
shall convey in fee to the city such of its land acquired
under this act as may be required by said street commis-
sioners for said widening and extension of Cove and
Summer streets, at its actual reasonable cost to said
terminal company ; Albany street and Broadway, and
the bridges thereof over the Boston and Albany tracks,
shall he changed so as to enal)le the tw^o southerly main
tracks and two additional main tracks south of them to
be extended thereunder to the grounds of the terminal
company. Said board of street commissioners shall dis-
continue, widen, and lay out said streets in such manner
as may be approved by the mayor, and said city shall
construct said streets and make said changes in - said
bridges as above-specified : jjrovkled, however, that the
terminal company shall construct a bridge for the accom-
modation of foot passengers or a subway from the end of
the new Cove street to meet Dorchester avenue at a
convenient place, as determined by the railroad commis-
sioners and street commissioners, sitting jointly, when-
ever said commissioners deem it necessary. The supreme
judicial court or any justice thereof shall have jurisdiction
in equity to enforce the provisions of this section.

Section 12. Said terminal company and the city of
Boston may each release to the other any land which may
be necessary for the uses of said terminal company, or
for public ways or places respectively, upon such terms
as may be agreed upon between the trustees of the
terminal company and the mayor and the l)oard of street
commissioners of said city ; and said railroad companies
may convey to each other any land or interest in land in
Boston ow^ned by them respectively, which it may be
found proper to transfer for convenience in the approach
to or use of the station and grounds of said terminal
company.

Section 13. For the purpose of paying any expenses
incurred l)y the city of Boston in carrying out the pro-
visions of this act the city council of said city may from
time to time, on the request of the mayor, authorize the

Acts, 1896. — Chap. 516. 527

city treasurer to issue notes, bonds or scrip of said city cityofBoBton
to the amount specitied in any sucli request, for a term or no*tes?bond8,
terms not exceeding thirty years from the date thereof, *'""
provided the sum total of sucli amounts shall not exceed
two million dollars. If the city council shall not within
thirty days after a request from the mayor authorize the
loan requested, then the city treasurer of said city shall,
on the request of the mayor, issue and sell notes, bonds
or scrip of said city, for the purpose of paying such ex-
penses, which shall be outside of the del^t limit, and shall
be for such terms not exceeding live years, as said treas-
urer shall determine, provided that the amount of said
loan shall not exceed two million dollars. All such
notes, bonds or scrip, w^hether inside or outside of the
debt limit, shall be negotiable, shall bear interest payal^le
semi-annually, shall be registered or with interest cou-
pons attached, and shall be sold and disposed of in such
manner, at such times, at such prices, in such amounts,
and at such rates of interest not exceeding four per cent.
per annum, as said treasurer may determine ; and any
premiums received l)y said treasurer in the sale of any of
said notes, bonds or scrip shall, if the notes, bonds or
scrip are issued for a term of ten years or more, be paid
to the l)oard of conmiissioners of sinking funds of said
city, and be by them placed in the sinking fund for the
redemption of the loan created ; otherwise they shall be
applied to the payment of said notes, bonds or scrip, or
to the payment of said expenses, as the mayor may
determine.

Section 14. The board of street commissioners of the Real estate
city of Boston shall, within two years after the completion afB°lsed*a pro-
of said union station, assess upon any real estate in the of olThL^f^oY*
city of Boston which in the opinion of said board receives "pense in-

1 Ui. 1 J ^ ^^11 ^- * ^'^^'^^'^'^'= curredby city,

any benent and advantage irom the location and construe- ^*<=-
tion of said union station, Summer street and Cove street,
beyond the general advantage to all real estate in said
city, a proportionate part of one half of the expense in-
curred by said city therefor, but in no case exceeding
such lieneiit and advantage : provided, however, that said pj'o^'so-
terminal company shall convey in fee to said city all the
lands easterly of the westerly line of Dorchester avenue
extended, without requiring any compensation therefor,
and all the land except the piece between Purchase street
and Atlantic avenue required for the laying out, widening

528

Acts, 1896.— Chap. 516.

Certain pro-
visions of law
to apply.

The Union
Freight Rail-
road Company
to relocate
certain tracks.

Helocationa to
^e filed, etc.

The West End
Street Railway
Company to
relocate certain
tracks.

Relocations to
be filed, etc.

The New
England Rail-
road Company
may take
certain land,
extend its road,
«tc.

and extension of Cove street and Summer street, at its
actual reasonable cost to said company ; and the city of
Boston shall assume all such assessments ^^■hich may be
assessed uj)on land of said terminal company, or of either
of said railroad companies, held for railroad purposes.
Except as otherwise provided in this section, sections
two, three, live, six, seven and eight of chapter fifty-one
of the Public Statutes shall apply to assessments under
this section.

Section 15. The Union Freight Railroad Company
shall, upon the request of the terminal company or of the
mayor of Boston, remove its tracks on Federal street as
now existing, and relocate and maintain the same on
Dorchester avenue as extended under this act. Summer
street extended, or on Cove street and Summer street to
Atlantic avenue, or on either of said routes, as they are
or shall l)e established and constructed under the pro-
visions of this act, with the same powers and privileges
and subject to the same duties, restrictions and liabilities
now existing as to said tracks as located in their present
location, upon such locations and in such manner as may
from time to time be approved by the mayor, and such
relocations thereof shall ])e tiled in the office of the city
clerk. The supreme judicial court or any justice thereof
shall have jurisdiction in equity to compel compliance
with the proWsions of tliis section.

Section 16. The "West End Street Railway Company
shall, upon the request of the terminal company or of the
mayor of Boston, remove its tracks on Federal street as
now existing between Summer street and Federal street
bridge, and relocate and maintain the same, with all nec-
essary turn-outs and connections on Summer street as
extended, on Dorchester avenue as extended and on Cove
street as widened and extended under this act, upon such
locations and in such manner as may be from time to
time a})proved by the mayor ; and such relocations
thereof shall be filed in the office of the city clerk.
The supreme judicial court or any justice thereof shall
have jurisdiction in equity to compel compliance with
the provisions of this section.

Section 17. The New England Railroad Company,
for the purpose of connecting its road with the union
station herein authorized to be constructed, may extend
its road from a point in the city of Boston as near the

Acts, 1896. — Chap. 516. 529

northerly end of its South Bay drawbridge as it may find
practicable, to said terminal company's grounds, and for
that purpose may purchase or otherwise take in fee a strip
of land not exceeding thirty feet in width through the land
and location of the Old Colony Railroad Company, paral-
lel to its main tracks as they may be then located, subject
however to the right of the Old Colony Eailroad Com-
pany to cross the same ; and the New England Railroad contirucTe^ ^^
Company, the Old Colony Railroad Company and the po''i°^t^ghannei
Boston and Providence Railroad Corporation may jointly etc.
or separately construct such bridges across Fort Point
channel as may be required for the adequate connection
of their roads with each other and with the grounds of
the terminal company, the plans thereof to be approved
by the harbor and land commissioners ; and said New The New Eng-
England Railroad Company may use the proceeds of companVmay
bonds issued under its mortgage made the second day of cen^Tbo*rfd8°/o
September in the year eighteen hundred and ninety-five, pay expenses.
and recorded with Suffolk county deeds on the twelfth
day of September in the year eighteen hundred and
ninety-five, to pay any expenses incurred by it under the
provisions of this act.

Section 18. The Boston and Providence Railroad ^J'„^^?,°/„'°° ''"^
Corporation, for the purpose of connecting its road with RaH'oad cor-

^. 'IT •! 1 poration may

the union passenger station hereby required to be con- take certain
structed, may extend its road from a point at or near Bionofroad,
Dartmouth street to said terminal company's grounds, ^**''
and thus abolish the grade crossing of its road and the
road of the Boston and Albany Railroad Company, and
for that purpose may purchase or otherwise take in fee
within seven years after the completion of said union pas-
senger station, or within such further time as said corpo-
rations may with the approval of the railroad commissioners
agree, a strip of land on the southerly side of and adja-
cent to the main tracks of the Boston and Albany Rail-
road Company as they shall be then established, not
exceeding one hundred feet in width ; but it shall not take
any land of the Boston and Albany Railroad Company
within seven feet of the main tracks of the railroad of
that company as then existing, without the consent of the
directors of that company. And for the purpose of pro- May take cer-
viding a station and facilities for passengers and public station in sut.-
accommodation as hereinafter provided, in substitution preBenTstatlon,
for its present passenger station and facilities at Park ®"^'

530

Acts, 1896. — Chap. 516.

Location to be
filed, etc.

To prepare
plans, etc., for
construction of
station, etc.

Plans to be
Bubmitted for
approval, etc.

square, which such change of its road to enable it to use
the union station will require to 1)e al)andonecl, the Bos-
ton and Providence Railroad Cor})oration may purchase,
or otherwise take in fee, any land within the following
limits, to wit: — Bounded liy land of the Boston and
All)any Railroad Company, Columl^us avenue, and Buck-
ingham, Dartmouth, Harwich and Yarmouth streets, and
the land now of the Boston and Providence Railroad Cor-
poration, and any other land adjacent thereto, within such
limits as the board of railroad commissioners may upon
hearing in writing prescribe ; and said corporation shall
tile a location of the land hereinbefore authorized to be
taken by it, or of so much thereof as it then deems it
necessary to take, in the registry of deeds for the county
of Suffolk, Avithin three months after the plans for such
station and facilities are approved as hereinafter provided,
and shall thereupon, either alone or with the Boston and
Albany Railroad Company, if they so agree, proceed with
all reasonal^lc diligence to the construction of a passenger
station thereon as herein provided.

Section 19. The Boston and Providence Railroad
Corporation shall, within six months after said terminal
company files its tirst location of land herein authorized
to ])e taken for the construction of a union passenger
station, prepare plans and specifications for the construc-
tion of a passenger station and approaches thereto and
facilities for passengers and pul)lic accommodation, which
shall be an adequate substitute for its present passenger
station and facilities at Park square, and adequate for the
business to be accommodated, and of such construction as
may l)e best adapted for the accommodation of the railroad
and the public, exhibiting its form, dimensions of walls,
rooms, and partitions and arrangements, and its location
with reference to the adjacent streets and to the tracks of
all railroad companies located or proposed to be located
in the vicinity thereof, and any projection over adjacent
streets, so far as practicable, and shall submit said plans
when completed to the mayor of Boston for his approval,
who shall forthwith approve or disapprove them in writ-
ing. The Boston and Providence Railroad Corporation
shall then at once submit said plans to the board of rail-
road commissioners for its approval, and said board, after
notice to the railroad companies and to the mayor of Bos-
ton, and a hearing, shall approve the plans, or order such

Acts, 1896. — Chap. 516. 531

changes thereof as in their judgment the safety and con-
venience of the public and the interests of the raih-oad
companies require. Said station, approaches and facili-
ties shall be constructed and provided by the Boston and
Providence Railroad Corporation according to the plans
thus approved by the board of railroad commissioners, or
as the same may be changed as hereinafter provided, and
the supreme judicial court or any justice thereof shall
have jurisdiction in equity to enforce the provisions of
this section. But the Boston and Providence Railroad
Corporation may from time to time propose to the mayor
of Boston any changes in the plans for said station, a})-
proaches and facilities, and the mayor shall forthwith
approve or disapprove such changes in writing, and the
corporation shall then at once submit such changes to the
board of railroad commissioners, who, after notice to the
mayor and the railroad companies, and a hearing, shall
approve the same, or order such moditications thereof as
in their judgment the safety and convenience of the pul)-
lic and the interests of the railroad companies require.

Section 20. The Boston and Providence Railroad Jf°p*e"eDr ""^
Corporation and its lessees, upon the completion of said station, etc.
union station and of the station or stations herein re-
quired to be constructed near Dartmouth street, shall
alxindon the use of their present station in Park square
for railroad purposes, and their railroad northerly of the
crossing of the railroad of the Boston and Albany Rail-
road Company near and easterly of Dartmouth street, and ^truct°8i*iua'bie
the board of street commissioners of the city of Boston approaches, etc
shall lay out, and said city shall construct, suitable ap-
proaches to said station or stations to be constructed near
Dartmouth street, in such directions and at such grades as
said board shall deem the public convenience and necessity
require, and as the mayor of said city shall approve.

Section 21, The Boston and Albany Railroad Com- The BoBton and
pany shall contract with the Boston and Providence Rail- road compLny
road Corporation and with its lessees for the construction con°tru'c't^on°or
or common use of said station and facilities, or for the euuon,°etc? "^
construction and use of a joint station at or near said
point, in accordance with plans and specifications to be
prepared and approved in the manner herein-above pro-
vided for the preparation and approval of plans for the
construction of a station by the Boston and Providence
Railroad Corporation, or if it does not so contract, then

532

Acts, 1896. — Chap. 516.

May take cer-
tain lands, etc.

May discontinue
certain stations,
etc.

To abandon its
present loca-
tion, remove
tracks, take
certain land,
etc.

Certain pro-
visions of law
to apply, etc.

upon the completion of the union passenger station it
shall construct and open for public use a station or sta-
tions adequate for the accommodation of the public, at
some point or points near Dartmouth street, and for that
purpose it may purchase or otherwise take in fee any
land within the following limits, to wit: Bounded south-
erly by the location of the Boston and Albany Railroad
Company, westerly by Dartmouth street, northwesterly
by land of the heirs of Eben D. Jordan, Trinity place,
and land of the Massachusetts Institute of Technology,
and easterly by the westerly line of Clarendon street ex-
tended. And whenever a station upon the tract of land
herein above-described is opened for use, the Boston and
Albany Railroad Company may discontinue its present
passenger stations at Columl)us avenue and Huntington
avenue. The supreme judicial court or any justice thereof
shall have jurisdiction in equity to compel compliance
with the provisions of this section.

Section 22. The Boston and Albany Railroad Com-
pany, within six months after the completion of said
union station, shall abandon its present location from
the southerly line of Kneeland street northerly to Beach
street, and shall remove its tracks from the present grade
crossing; on Kneeland street between Lincoln street and
All)any street, and, for the purpose of extending its ter-
minal facilities may, from time to time, purchase or
otherwise take in fee, the whole or any part of the tract
of land bounded and described as follows : Northerly
by Kneeland street between the westerly side of Utica
street and the easterly side of South street ; easterly by
the easterly line of South street to Lehigh street ; thence
across and by the westerly line of South street to the
southerly line of Harvard street, so-called ; southerly by
the south line of Harvard street, so-called, to the westerly
line of Utica street ; and westerly by said line of Utica
street to Kneeland street ; and may discontinue and occupy
for its purposes all streets and rights of way embraced
within said limits, and may also take and discontinue
any public or private ways within the tract of land
bounded by Kneeland street, Albany street, Broadway,
Lehigh street and South street.

Section 23. The laws of the Commonwealth relating
to the taking of lands for railroad purposes, and the loca-
tion and construction of railroads, and the assessment of

Acts, 1896. — Chap. 516. 533

damages occasioned thereby, shall be applicable to and
govern the proceedings in the taking of land hereby au-
thorized to be taken by said terminal company or by any
railroad company, except that the locations shall be filed
in the registry of deeds, as herein provided, and in case
the parties, including mortgagees, cannot agree upon said
damages, upon petition of any such party filed within one
year after the taking of the land, in the clerk's office of the
superior court for Suftblk county, the same shall he assessed
by a jury in that court. But if any owner of land taken Commission
and all morta-affees thereof shall elect to have the dam- minted to'
ages assessed by a commission of three disinterested per- "**^** amages.
sons appointed by the court, the court shall appoint such
commission to assess said damages, and their award, or
the award of the major part of them, when made and ac-
cepted hy the court, shall be final, unless either party shall
within sixty days thereafter appeal therefrom, in which
case the damages shall be assessed l)y a jury in that court.

Section 24. No owner of any land taken under the when owners
provisions of this act shall be required to vacate his ehaii be required
premises until three months after a location has been p^e^mues.
filed, taking the land, and the Boston Gas Light Com-
pany shall not be required to vacate the whole or any
part of the premises now owned or occupied by it until
six months after such filing, or until after such further
time, not exceeding fifteen months from the time of such
filing and notice, as the board of railroad commissioners
and the board of gas and electric light commissioners,
who are for this purpose constituted a joint board, may,
upon the application of either the railroad company or the
gas company, made at any time after the passage of this
act, after hearing, prescribe in writing.

Section 25. The terminal company shall pay a fran- Terminal com-
chise tax to the Commonwealth upon the true market value franchise tax to
of its capital stock, without any deduction whatever, l)ut wealth, etc.
its real estate required ])ythis act to be used by said rail-
road companies shall be assessed to and the taxes thereon
shall be paid by said railroad companies, and in the assess-
ment of franchise taxes upon said railroad companies each
of them shall be deemed to be the owner of said real estate
in the proportion in which it then has the use thereof
under this act.

Section 26. This act shall take effect upon its passage.

Approved June 9, 1896.

534

Acts, 1896. — Chap. 517.

Chap. 5\7 -^ -^CT RELATIVE TO THE PUBLIC SERVICE OF THE COMMONWEALTH
AND THE CITIES AND TOWNS THEREOF, AND THE EMPLOYMENT OF
VETERANS THEREIN.

The word
" veteran "
defined.

Veterans may
apply for exam-
ination for
positions in the
public service,
etc.

ComraiesionerB
to cause vet-
erans to be
certifled in
preference to
applicants not
veterans.

Veterans may
apply for
appointment to
positions in the
public service
without exam-
ination, etc.

List of names of
applicants
passing exam-
lination to be
prepared, etc.

Be it enacted, etc., as follows :

Section 1. The word "veteran", in this act shall
mean a person who served in the army or navy of the
United States in the time of the war of the rel)ellion and
was honorably discharged therefrom.

Section 2. Veterans may apply for examination for
any position in the public service classified under chapter
three hundred and twenty of the acts of the year eighteen
hundred and eighty-four and acts in amendment thereof,
and the civil service rules thereunder, subject to said
rules ; and if such veterans pass the examination they
shall he preferred in appointment to all persons not
veterans ; and it shall be the dut}' of the civil service
commissioners to cause the names of veterans passing
examination to be placed upon the eligible list for the
position sought, in the order of the respective standing
of such veterans, above the names of all applicants not
veterans. The commissioners shall cause to be certified
to the appointing officers for appointment the names of
all such veterans in preference to applicants not veterans,
so long as there are names of veterans upon the eligible
list, and the appointment shall be made from the list so
certified. But nothing herein contained shall be con-
strued to prevent the certification and employment of
women.

Section 3. Veterans may apply for appointment to
or for employment in any position in the public service,
classified as aforesaid, without examination. In such ap-
plication such veteran shall state under oath such facts as
may be required by the civil service rules. Age, loss of
limb or other physical impairment, which shall not in
fact incapacitate, shall not disqualify such veteran from
appointment under this section. Appointing oflicers may
liy requisition call for the names of any or all such
veterans so applying Avithout examination, and appoint
or employ any of them in the office or position sought.

Section 4. The civil service commissioners, within
five days after the final markings upon any examination
of applicants for positions in the public service, shall

Acts, 1896. — Chap. 517. 535

cause a list of the names of applicants passing the exam-
ination, to be prepared, showing the standing of each
obtained in the examination ; they shall also within five
days after any certification of persons for appointments
or employment, cause a list of the names of the persons
so certified to be prepared, and said lists shall be open
to public inspection during the oflice hours of the com-
missioners.

Section 5. No veteran holdino- an ofiice or employ- veterans not to

DG rGrQOVGQ

ment in che pul)lic service of any city or town of the etc., without a
Commonwealth shall be removed or suspended, or shall ^^""^"
Avithout his consent be transferred from such oflice or
employment, except after a full hearing before the
mayor of such city or before the selectmen of such
town, and at such hearing the veteran shall have the
right to 1)0 present and to be represented by coun-
sel. Such removal, sus})onsion or transfer shall be made
only upon the written order of the mayor or of the
selectmen.

Section 6. The civil service commissioners shall es- coramissioners
tablish rules to secure the employment of veterans in rules to sLure
the labor service of the Commonwealth and of the cities vaeian™Ttc.°^
and towns thereof, in the class for which they make
application, in preference to all other persons, except
women. The civil service commissioners may recognize
an age limit in certifying persons for employment in the
labor service, provided the appointing oflicer shall certify
in his requisition that the work to be performed is so
arduous as to require the services of young and vigorous
men, and provicFed also that the commissioners shall upon
investigation become satisfied that such certificate is true.
In towns and cities in which the civil service act and the
rules of the civil service commissioners have not been
a})plied to the labor service the selectmen of the towns
and the city councils of the cities shall take such action
as may be necessary to secure the employment of vet-
erans in the lal)or service of their respective towns and
cities, in preference to all other persons, except women.
Citizens of Massachusetts who have distinguished them- Certain persona
selves by gallant and heroic conduct while serving in the veterant!'"*'^
army or navy of the United States, and who have received
a medal of honor from the president of the United States,
shall be deemed to be veterans under the meanino: of this
act and shall receive all the benefits thereof.

536 Acts, 1896. — Chap. 518.

Penalty. SECTION 7. Wlioever violates any provision of this

act shall be punished by a fine of not less than one
hundred nor more than one thousand dollars for each
ofl'ence.

Repeal. Section 8. Chapter four hundred and thirty-seven of

the acts of the year eighteen hundred and eighty-seven,
chapter four hundred and seventy-three of the acts of the
year eighteen hundred and eighty-nine, chapter five hun-
dred and nineteen of the acts of the year eighteen hundred
and ninety-four, the words "other qualifications being
equal ", in the sixth clause of section fourteen of chapter
three hundred and twenty of the acts of the year eighteen
hundred and eighty-four, and chapter five hundred and
one of the acts of the year eighteen hundred and ninety-
five, are hereby repealed.

Section 9. This act shall take efiect upon its passage.

Approved June 9, 1896.

Chap.5\S -^ ■^'^'^ '^^ PROVIDE FOR MARKING BALLOTS BY A STAMP.

Be it enacted, etc., as follows :

furl^rhed 'for *^ Section 1 . City and town clerks may in their discre-
n.ai king ballots, ^^^^^ fumish to caucus and election officers, for use at
caucuses and elections, as many stamps of suitable device
as there are marking shelves or compartments used at
each caucus or polling place. The design of the stamps
for caucuses shall be the number of the ward, with a
cross, thus, X 7, and for elections the number of the
ward and precinct, together with a cross, thus, X 7/9.
The stamp so provided shall be used by voters in mark-
ing their ballots at all caucuses and elections wherein
these stamps are used, and ballots not so marked shall
not be counted, but ballots marked with the stamp and
erased with pencil or other device shall be counted the
Custody of same as though no erasure had been made. The clerk

stumps, etc. , O , iiii t/»i

of a caucus or precinct shall have the custody of the
stamps herein provided for, and shall before the caucus
or polls open, in the presence of the voters and caucus or
precinct officers, as the case may be, cause such stamps
to be chained to each marking shelf or compartment ; and
he shall immediately after the close of a caucus or the
polls on election day, and before the ballots are removed
from the ballot box, collect said stamps, and in the pres-
ence of the voters and caucus or precinct officers place

Acts, 1896. — Chap. 519. 537

the same in a box, which shall be locked and sealed, and
by him returned forthwith to the city or town clerk.
The election commissioners of the city of Boston shall
within said city perform the duties herein imposed upon
city clerks, and in said city the police officer in attend-
ance at each caucus or voting precinct shall have the
custody of the stamps and be charged with the same
duties connected therewith as those imposed by this act
on the precinct clerks in other cities and towns.

Section 2. In all ballots hereafter prepared for use sufficient space
at elections a sufficient space shall be left for the use of baiiota for use
the stamps herein provided for. All provisions of law ° *'"™p> ^"^•
relative to elections which provide for the marking of
ballots by a cross mark shall be construed to require the
use of a stamp as provided in this act.

Section 3. This act shall take effect upon its passage.

Approved June 9, 1896.

An Act in addition to an act to divide the commonwealth (7/i^r).519

INTO districts FOR THE CHOICE OF REPRESENTATIVES IN THE
CONGRESS OF THE UNITED STATES.

Be it enacted, etc., as follows :

Section 1. The cities of Cambridge, Medford and g^^f^TiTm-
Somerville, and the towns of Arlington and Winchester, ter sight.
in the county of Middlesex, and the wards numbered ten
and eleven in the city of Boston, in the county of Suffolk,
shall form one district for the choice of a representative
in the congress of the United States, to be called Con-
gressional District Number Eight.

Section 2. The wards numbered one, two, three, six, congressional
seven, eight, nine and thirteen, in the city of Boston, and berNine.
the town of Winthrop, in the county of Suffolk, shall
form one district for the choice of a representative in the
congress of the United States, to be called Congressional
District Number Nine.

Section 3. The wards numbered twelve, fourteen, congressional
fifteen, sixteen, seventeen, eighteen, nineteen, twenty and bJrTen.
twenty-four, in the city of Boston, in the county of
Suffolk, and the city of Quincy and the town of Mil-
ton, in the county of Norfolk, shall form one district
for the choice of a representative in the congress of
the United States, to be called Congressional District
Number Ten.

538

Acts, 1896. — Chap. 520.

CongreBsional
DiBtrict Num-
ber Eleven.

Repeal.

Section 4. The wards numbered twenty-one, twenty-
two, twenty-three and twenty-five, in the city of Boston,
in the county of Suffolk ; the city of Newton, and the
towns of Belmont, Holliston, Sherborn and Watertown,
in the county of Middlesex ; the towns of Hopedale and
Milford, in the county of Worcester ; the towns of Bel-
lingham, Brookline, Dedham, Dover, Foxborough, Frank-
lin^ Hyde Park, Medtield, Medway, Millis, Needham,
Norfolk, Norwood, Sharon, Walpole and Wrentham, in
the county of Norfolk ; and the town of North Attlebor-
ough, in the county of Bristol, shall form one district
for the choice of a representative in the congress of the
United States, to be called Congressional District Number
Eleven.

Section 5. So much of chapter three hundred and
ninety-six of the acts of the year eighteen hundred and
ninety-one as is inconsistent with the provisions of this
act is hereby repealed.

Sectio^s^ 6. This act shall take effect upon its passage.

Approved June 9, 1896.

1892, 419, § 111,
amended.

Ch(lV'52iO An Act relative to the keeping and sale of burning fluid

AND OTHER INFLAMMABLE OILS.

Be it enacted, etc., as follotvs :

Section 1. Section one hundred and eleven of chapter
four hundred and nineteen of the acts of the year eighteen
hundred and ninety-two is hereby amended by striking
out in the third and fourth lines thereof, the words
"turpentine", and " or any inflammable oil", and insert-
ing after the word "substance", in the fourth line, the
words: — except kerosene and other products of petro-
leum,— so as to read as follows: — Section 111. No
l)uilding of which any part is used for storage or sale of
hay, straw, hemp, flax, shavings, burning fluid, camphene
or other highly combustible sulistance, except kerosene
and other products of petroleum, shall be occupied in any
part as a dwelling, tenement or lodging house, except that
rooms for coachmen or grooms may be allowed in private
stables authorized by this act, upon special permit from
the inspector.

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

Approved June 9, 1896.

Buildings U8«d
for Btorage of
certain com-
bustible 8Ub-
BtanceB not to
be used as
dwellings.

Acts, 1896. — Chaps. 521, 522, 523. 539

An Act to provide for the removal of prisoners from the ri'Uf,,.^ proi

HOUSE of correction IN SUFFOLK COUNTY TO THE BOSTON "'

HOUSE OF INDUSTRY.

5e it enacted^ etc. , as folloios :

Section 1. The institutions commissioner of the city Prisoners may
of Boston may remove any prisoner hold under sentence f*r^orahouBe of
in the house of correction in Suffolk county to the Boston hous^e of'ia°
house of industry ; and said commissioner may also re- dustry, etc.
move any prisoner held upon a term sentence in said house
of industry to said house of correction. Any prisoner re-
moved under this section may be returned by said com-
missioner to the place of imprisonment from which he was
so removed.

Section 2. When a prisoner is removed or returned p^pg''^a° °®*|'*^
under this act all mittimuses, processes and other official ^^. removed

1 /• 1 I'll -111- with prisoners,

papers or attested copies thereor, by which lie is held in etc.
custody, shall lie removed or returned with him ; and
such prisoner shall be held in the place of imprisonment
to which he is so removed or returned until the expiration
of his original sentence, unless sooner discharged.

Section 3. Any order for the removal or return of a Execution of
prisoner under this act may be executed by an officer of ?onio"ai?etc.
either of the prisons named herein.

Section 4. This act shall take effect upon its passage.

Approved June 9^ 1896.

Chap.522

An Act relative to office hours in the department of the
treasurer and receiver general.

Be it enacted, etc., as folloivs :

Section 1. The treasurer and receiver general shall ,^"de^ anment
not be required to keep his office open for the receipt or of treasmei and

1 c r\ i -\ ijji ji »ii receiver gen-

payment ot money on Saturdays later than twelve o clock erai.

noon.

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

Approved June 9, 1896.

Cha2J.523

An Act relative to the payment of certain fees in the

OFFICE OF the secretary OF THE COMMONWEALTH.

Be it enacted, etc. , as follows :

Section 1. The fee to be paid by corporations for Fee for eiing
filing and recording in the office of the secretary of the cmain'^cmm^
Commonwealth any certificate, the payment of a fee for ''^^^'^'

540

Acts, 1896. — Chap. 524.

p. S. 106, § 84,
amended.

Fees for filing
and recording
certificate of
organization.

Proviso.

which is not already expressly provided for by law, shall
be one dollar. This provision shall apply also to the
filing and recording of certificates of limited partnership,
under the provisions of chapter seventy-five of the Public
Statutes, and to the certificate of change of name of cor-
porations required to be issued under the provisions of
section three of chapter three hundred and sixty of the
acts of the year eighteen hundred and ninety-one.

Section 2. The second clause of section eighty-four
of chapter one hundred and six of the Public Statutes is
hereby amended by adding after the word ' ' dollars ", in
the sixth line, the following words : — jj^^ovided, that a
corporation which has paid two hundred dollars in the
manner herein set forth shall pay a fee of one dollar for
each certificate thereafter filed and recorded under the pro-
visions of said section fifty-six, — so as to read as follows :
— For filing and recording th« certificate required by sec-
tion fifty-six, one twentieth of one per cent, of the amount
by which the capital is increased ; but the amount so to be
paid shall not, when added to the amount previously paid
for filing and recording certificates under sections twenty-
one, twenty-two, and fifty-six, exceed in any case two
hundred dollars : provided, that a corporation which has
paid two hundred dollars in the manner herein set forth
shall pay a fee of one dollar for each certificate thereafter
filed and recorded under the provisions of said section
fifty-six.

Section 3. This act shall take efiect upon its passage.

A2}proved June 5, 1896.

(JJfa7).524: -^^ ^^'^ ^^ AUTHORIZE THE CENTRAL CEMETERY ASSOCIATION OF
RANDOLPH TO TAKE AND HOLD ADDITIONAL REAL ESTATE.

Be it enacted, etc., asfoUoivs:

etery'^AB^aod'a- SECTION 1. The dlrcctors of the Central Cemetery
tion may make Associatiou of Randolph may, upon direction of said

application for . . ,t , ■, . . .

thetaiviugof association, make application by written petition to the
for enlargement sclcctmen of the towii of Randolph for the enlargement of
' Central Cemetery, so-called, in said Randolph, and the

taking therefor of lands belonging, or reputed to belong,
to George Perry Niles and others, or to whomsoever be-
longing or reputed to belong, in all not exceeding twenty
acres in extent, lying northeasterly and northerly of and
in part adjoining said cemetery, in part separated there-
from by the location of the Old Colony Railroad Company,

of cemetery,
etc

Acts, 1896. — Chap. 524. 541

together with all rights of way and other easements, if
any, to which said lands are subject.

Section 2. The selectmen shall appoint a time and apSume
place for a hearing, and shall cause notice thereof, tosrether t°'^ ?'="=" f"""

*■., .,,'-'.. , 'o hearing, give

With a copy oi the petition, to be served personally upon notice, etc.
the owner or owners, if known and residing within the
Commonwealth, or to be left at the last and usual place of
abode of such owner or owners fourteen days at least
before the time appointed for the hearing, and by publish-
ing a notice of said hearing once a week for three succes-
sive weeks in one or more newspapers published in said
Randolph, the last publication to be not less than five days
before said hearing.

Section 3. The selectmen shall hear the parties at the selectmen to
time and place appointed, or at an adjournment thereof, con'sidT/blfun-
and as soon as may be thereafter shall consider and dai'e8,damage8,
adjudicate upon the necessity of such taking, and upon
the quantity, boundaries, damages and value of any land,
rights of way or other easements adjudged necessary to be
taken, and shall forthwith file a description of such land, ^nd"etc'°°o''be
with a plan thereof, in the registry of deeds for the county fi'«d'.
of Norfolk, and thereupon such land shall be taken and held
in fee, free from all such rights of way or other easements,
if any, by said association, as a part of its burial ground.

Section 4. Any party aggrieved by the doings of the Persons
selectmen in the estimation of his damages, or as to the hlveTfury't^*''
sum awarded him as indemnity therefor, may, on applica- igeV,Ttc!"^^°^'
tion therefor to the superior court or to the county com-
missioners of the county of Norfolk, within six months
after the filing in the registry of deeds of the description
and plan specified in section three of this act, have a jury
to determine the matter of his complaint, as in the case of
the assessment of damages occasioned by laying out, lo-
cating anew, altering or discontinuing a highway, and all
subsequent proceedings shall be conducted as in said case.
If the sum allowed for damages, including the value of the
land, is increased by the jury, the sum so allowed by the
jury and all costs shall be paid by said association ; other-
wise the costs arising upon such application for a jury
shall be paid by the applicant.

Section 5. Said cemetery association shall lay out Association to
said land so taken, into lots, and shall sell and convey to taken into lots,
such person or persons as may apply therefor, whether resi- ^'*^*
dents of said town of Randolph or otherwise, without dis-

542 Acts, 1896.— Chaps. 525, 526, 527.

crimination, the exclusive right of burial and of erecting
tombs and cenotaphs and of ornamenting the same, upon
such reasonable terms, conditions and regulations as said
association may prescribe.

Section 6. This act shall take effect upon its passage.

Aiiproved June 9, 1896.

Ch(Xp.525 An Act to authorize the town of edgaktown to bokrow

AND EXPEND MONEY FOR THE PURPOSE OF PROVIDING ADDITIONS
AND IMPROVEMENTS TO THE COUNTY COURT HOUSE IN SAID TOWN.

Be it enacted, etc., as follows:
Town of Edgar- SECTION 1. The towu of Edgartowu, in order to meet

town may incur . . ~ \ ^ ■,',• ,1

indebtedness thc cxpensc of Certain improvements and additions to the
mInt™'to''couiity countv court housc of the county of Dukes County, situ-
court house. ^^^^| .^ ^^j^ towu, may, by majority vote at a town meet-
ing legally called and held within ninety days from the
passage of this act, grant or vote or incur indebtedness to
an amount not exceeding six thousand dollars, and pay
into the treasury of the county such amount as may be
voted to be expended in making such improvements and
additions to said court house as may be ordered by the
county commissioners of said county or as may be ordered
by the supreme judicial court ; but the plans and specifica-
tions for said additions and improvements, if ordered by the
county commissioners, shall be subject to the approval of
the selectmen of said town.

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

App7'oved June 9, 1896.

Glial) 526 ^^^ ^^'^ ^'^ INCREASE THE NUMKER OF ASSOCIATE JUSTICES OF THE
-'■ ' SUPERIOR COURT.

Be it enacted, etc., as follows :
Number of Section 1. The iiumbcr of associate justices of the

justices of superior court shall be seventeen instead of fifteen as

superior court ^ • n i i i

increased. HOW prOVldcd by UIW.

To take effect Section 2. Tliis act sliall take effect upon the first day
1896?™ ^^ ' of September in the year eighteen hundred and ninety-six.

Approved June 9, 1896.

Chap.521

An Act relative to voting lists in the city of boston.
Be it enacted, etc., as folloivs :

Preparation of Section 1. The votiug lists to bc uscd at caucuses in
city of Boston. i\^q ^Hy of Bostoii licld after the passage of this act and

Acts, 1896. — Chaps. 528, 529. 543

prior to the date of the annual state election in the year
eighteen hundred and ninety-six, shall l)e prepared from
the annual register of the year eighteen hundred and
ninety-live, with such lawful alterations, corrections and
additions as may be made therein }jrior to the time when
such voting lists are to he used. The voting lists to be
used in said city at the annual state election in the year
eighteen hundred and ninety-six, and at subsequent elec-
tions and caucuses, shall be prepared from the new regis-
ters made in accordance with the acts requiring a new
registration of voters to be made in said year.

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

Approved June .9, 1896.

An Act to authorize the county commissioners of the county (JJicij).52iS

OF BARNSTABLE TO BORROW MONEY FOR SEWERAGE PURPOSES.

Be it enacted 1 etc., as foUotus:

Section 1. The county commissioners of the county May borrow
of Barnstable are hereby authorized to borrow on the arage purposes.
credit of said county a sum of money not exceeding three
thousand dollars, and may expend said sum in the con-
struction of sewers and drains connected with the pulilic
buildings of said county.

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

Approved June 9, 1896.

An Act to apportion and assess a state tax of one million (^Jffjy^ ftOQ

SEVEN HUNDRED AND FIFTY THOUSAND DOLLARS. ^

Be it enacted, etc. , as follows :

Section 1. Each city and town in this Commonwealth uLlIedand^'""^'
shall be assessed and pay the several sums with which they "s^essed.
stand respectively charged in the following schedule, that ^
is to say : —

Abiiigtou, seventeen hundred and fifty dollars.

Actou, ten hundred and fifty dollars.

Acushnet, four hundred thu'ty-seven dollars and fifty cents.

Adams, twenty- six hundred and uinety-five dollars.

Agawam, nine hundred and forty-five dollars.

Alford, one hundred fifty-seven dollars and fifty cents.

Amesbury, thirty-six hundred fifty-seven dollars and fifty cents.

Amherst, twenty-two hundred twenty-two dollars and fifty cents,

Andover, thirty-four hundred and thirty dollars.

544 Acts, 1896. — Chap. 529.

uo'*ned and^^°'" Arlington, fifty-six hundred and thirty-five dollars.
aeseBeed. Ashburnham, seven hundred fifty-two dollars and fifty cents.

Ashby, three hundred sixty-seven dollars and fifty cents.
Ashfield, three hundred sixty-seven dollars and fifty cents.
Ashland, eight hundred fifty-seven dollars and fifty cents.
Athol, twenty-six hundred forty-two dollars and fifty cents.
Attleborough, thirty-two hundred and twenty dollai-s.
Auburn, four hundred two dollars and fifty cents.
Avon, five hundred forty- two dollars and fifty cents.
Ayer, nine hundred sixty-two dollars and fifty cents.
Barnstable, twenty-six hundred and ninety-five dollars.
Barre, ten hundred thirty-two dollars and fifty cents.
Becket, three hundred thirty-two dollars and fifty cents.
Bedford, six hundred eighty-two dollars and fifty cents.
Belchertown, six hundred and thirty dollars.
Belliugham, four hundred and ninety dollars.
Belmont, twenty- six hundred forty-two dollars and fifty cents.
Berkley, three hundred and fifteen dollars.
Berlin, three hundred and fifty dollars.

Bernardston, two hundred ninety-seven dollars and fifty cents.
Beverly, ten thousand one hundred thirty- two dollars and fifty

cents.
Billerica, thirteen hundred eighty-two dollars and fifty cents.
Blackstone, eighteen hundred and ninety dollars.

Blandford, three hundred and fifteen dollars.

Bolton, three hundred thirty-two dollars and fifty cents.

Boston, six hundred twenty-eight thousand seven hundred and
forty dollars.

Bourne, eleven hundred seventy-two dollars and fifty cents.

Boxborough, one hundred fifty-seven dollars and fifty cents.

Boxford, four hundred thirty-seven dollars and fifty cents.

Boylston, three hundred and fifty dollars.

Bradford, nineteen hundred and twenty-five dollars.

Braintree, thirty-one hundred and fifteen dollars.

Brewster, four hundred thirty-seven dollars and fifty cents.

Bridgewater, seventeen hundred sixty-seven dollars and fifty
* cents.

Brimfield, two hundred ninety-seven dollars and fifty cents.

Bi'ockton, fifteen thousand and eighty-five dollars.

Brookfield, ten hundred and fifty dollars.

Brookline, forty-one thousand six hundred thirty-two dollars
and fifty cents.

Buckland, four hundred and twenty dollars.

Burlington, three hundred and fifty dollars.

Cambridge, fifty-four thousand six hundred dollars.

Canton, three thousand twenty-seven dollars and fifty cents.

Carlisle, two hundred and forty-five dollars.

Carver, five hundred seventy-seven dollars and fifty cents.

Acts, 1896. — Chap. 529. 545

Charlemont, two hundred and eighty dollars. state tax appor-

Charlton, six hundred eighty-two dollars and fifty cents. asBeaseu.

Chatham, six hundred and sixty-five dollars.

Chelmsford, fourteen hundred fifty-two dollars and fifty cents.

Chelsea, fifteen thousand eight hundred two dollars and fifty '

cents.
Cheshire, five hundred and twenty-five dollars.
Chester, four hundred and fifty-five dollars.
Chesterfield, two hundred and ten dollars.
Chicopee, fiity-eight hundred and ten dollars.
Chilmark, one hundred fifty-seven dollars and fifty cents.
Clarksburg, one hundred and seventy-five dollars.
Clinton, forty-eight hundred and sixty-five dollars.
Cohasset, thirty-three hundred and sixty dollars.
Colraiu, four hundred and twenty dollars.
Concord, twenty-nine hundred and forty dollars.
Conway, five hundred seven dollars and fifty cents.
Cottage City, nine hundred and eighty dollars.
Cummington, two hundred twenty-seven dollars and fifty cents.
Dalton, two thousand forty-seven dollars and fifty cents.
Dana, two hundred and ten dollars.
Dan vers, thirty-one hundred and fifty dollars.
Dartmouth, eighteen hundred and ninety dollars.
Dedham, forty-six hundred two dollars and fifty cents.
Deerfield, eleven hundred and fifty-five dollars.
Dennis, eleven hundred seventy-two dollars and fifty cents.
Dighton, five hundred and ninety- five dollars.
Douglas, seven hundred and thirty-five dollars.
Dover, six hundred eighty-two dollars and fifty cents.
Dracut, eleven hundred seventy-two dollars and fifty cents.
Dudley, seven hundred eighty-seven dollars and fifty cents.
Dunstable, two hundred and ten dollars.
Duxbury, eleven hundred two dollars and fifty cents.
East Bridgewater, eleven hundred and fifty-five dollars.
East Longmeadow, four hundred and ninety dollars.
Eastham, two hundred and ten dollars.
Easthampton, seventeen hundred and fifty dollars.
Easton, thirty-five hundred fifty-two dollars and fifty cents.
Edgartown, five hundred and twenty-five dollars.
Egremont, three hundred thirty-two dollars and fifty cents.
Enfield, five hundred and sixty dollars.
Erving, two hundred and eighty dollars.
Essex, seven hundred dollars.
Everett, eighty-six hundred and ten dollars.
Fairhaven, thirteen hundred eighty-two dollars and fifty cents.
Fall River, forty-three thousand five hundred and forty dollars.
Falmouth, forty-two hundred eighty-seven dollars and fifty

cents.

546 Acts, 1896. — Chap. 529.

fio^nld Bnd^^*"^ Fitchburg, thirteen thousand eight hundred and sixty dollars.
aasesBed. Florida, one hundred twenty-two dollars and fifty cents.

Foxborough, eleven hundred and ninety dollars.

Framingham, sixty-five hundred twenty-seven dollars and fifty
cents.

Franklin, twenty-one hundred dollars.

Freetown, six hundred and thirty dollars.

Gardner, thirty-five hundred fifty-two dollars and fifty cents.

Gay Head, seventeen dollars and fifty cents.

Georgetown, seven hundred fifty- two dollars and fifty cerits.

Gill, three hundred thirty-two dollars and fifty cents.

Gloucester, eleven thousand three hundred and seventy-five dol-
lars.

Goshen, one hundred and five dollars.

Gosnold, one hundred and forty dollars.

Grafton, seventeen hundred thirty-two dollars and fifty cents.

Granby, three hundred thirty-two dollars and fifty cents.

Granville, two hundred sixty-two dollars and fifty cents.

Great Barriugton, twenty-five hundred seventy-two dollars and
fifty cents.

Greenfield, thirty-seven hundred twenty-seven dollars and fifty
cents.

Greenwich, one hundred ninety-two dollars and fifty cents.

Groton, two thousand forty-seven dollars and fifty cents.

Groveland, seven hundred dollars.

Hadley, seven hundred and thirty-five dollars.

Halifax, one hundred ninety-two dollars and fifty cents.

Hamilton, seven hundred fifty-two dollars and fifty cents.

Hampden, two hundred and eighty dollars.

Hancock, two hundred and forty-five dollars.

Hanover, ten hundred and fifteen dollars.

Hanson, four hundred and fifty-five dollars.

Hardwick, ten hundred and eighty-five dollars.

Harvard, seven hundred seventeen dollars and fifty cents.

Harwich, eight hundred and seventy-five dollars.

Hatfield, seven hundred and thirty-five dollars.

Haverhill, fourteen thousand seven hundred and thirty-five dol-
lars.

Hawley, one hundred twenty-two dollars and fifty cents.

Heath, one hundred and forty dollars.

Hingham, thirty-one hundred sixty-seven dollars and fifty cents.

Hinsdale, five hundred forty-two dollars and fifty cents.

Holbrook, nine hundred and forty-five dollars.

Holden, eight hundred and forty dollars.

Holland, seventy dollars.

HoUiston, twelve hundred seven dollars and fifty cents.

Holyoke, nineteen thousand and forty dollars.

Hopedale, eighteen hundred and twenty dollars.

Acts, 1896. — Chap. 529. 547

Hopkinton, fourteen hundred and seventy dollars. state tax appor-

Hubbardston, four hundred and ninety dollars. assessed"

Hudson, two thousand eighty- two dollars and fifty cents.

Hull, eighteen hundred and twenty dollars.

Huntington, three hundred and eighty-five dollars.

Hyde Park, fifty-nine hundred thirty-two dollars and fifty cents.

Ipswich, two thousand aud sixty-five dollars.

Kingston, eleven hundred seventy-two dollars and fifty cents.

Lakeville, four hundred two dollars aud fifty cents.

Lancaster, two thousand eighty-two dollars and fifty cents.

Lanesborough, three hundred sixty-seven dollars and fifty cents.

Lawrence, twenty-three thousand two hundred and forty dollars.

Lee, twelve hundred and ninety-five dollars.

Leicester, sixteen hundred and forty-five dollars.

Lenox, two thousand eighty-two dollars and fifty cents.

Leominster, thirty-nine hundred and ninety dollars.

Leverett, two hundred and ten dollars.

Lexington, twenty-eight hundred fifty-two dollars and fifty

cents.
Leyden, one hundred twenty-two dollars and fifty cents.
Lincoln, sixteen hundred and ten dollars.
Littleton, six hundred twelve dollars and fifty cents.
Longmeadow, four hundred thirty-seven dollars and fifty cents.
Lowell, forty-nine thousand dollars.
Ludlow, seven hundred fifty-two dollars and fifty cents.
Luneuburg, five hundred and sixty dollars.
Lynn, thirty- four thousand six hundred sixty-seven dollars and

fifty cents.
Lynnfield, four hundred and twenty dollars.
Maiden, seventeen thousand three hundred seven dollars and

fifty cents.
Manchester, forty-nine hundred and seventy dollars.
Mansfield, twelve hundred seventy-seven dollars and fifty cents.
Marblehead, four thousand forty- two dollars and fifty cents.
Marion, five hundred seventy-seven dollars and fifty cents.
Marlborough, fifty-seven hundred ninety-two dollars and fifty

cents.
Marshfield, nine hundred and forty-five dollars.
Mashpee, one hundred twenty-two dollars and fifty cents.
Mattapoisett, ten hundred and fifty dollars.
Maynard, fourteen hundred and seventy dollars.
Medfield, nine hundred ninety-seven dollars and fifty cents.
Medford, ten thousand nine hundred two dollars and fifty cents.
Medway, nine hundred twenty-seven dollars and fifty cents.
Melrose, sixty-eight hundred seventy-seven dollars and fifty

cents.
Mendon, three hundred and eighty-five dollars.
Merrimac, nine hundred and forty-five dollars.

548 Acts, 1896. — Chap. 529.

ficfned aud^^""^' Metliuen, twenty-four hundred sixty-seven dollars and fifty

assesBed. centS.

Middleborough, twenty-nine hundred and seventy-five dollars.

Middlefield, one hundred and seventy-five dollars.

Middleton, three hundred sixty-seven dollars and fifty cents.

Milford, thirty-eight hundred sixty-seven dollars and fifty cents.

Millbury, sixteen hundred and eighty dollars.

Millis, five hundred and ninety-five dollars.

Milton, thirteen thousand seven hundred thirty-seven dollars and

fifty cents.
Monroe, one hundred and five dollars.
Monson, fourteen hundred dollars.
Montague, twenty-five hundred and fifty-five dollars.
Monterey, one hundred and seventy-five dollars.
Montgomery, one hundred and five dollars.
Mount Washington, fifty-two dollars and fifty cents.
Nahant, four thousand forty-two dollars and fifty cents.
Nantucket, twenty-one hundred seventeen dollars and fifty

cents.
Natick, thirty-nine hundred and ninety dollars.
Needham, nineteen hundred seventy-seven dollars and fifty

cents.
New Ashford, fifty-two dollars and fifty cents.
New Bedford, thirty-six thousand sixty-seven dollars and fifty

cents.
New Braiutree, two hundred ninety-seven dollars and fifty cents.
New Marlborough, four hundred two dollars and fifty cents.
New Salem, two hundred twenty-seven dollars and fifty cents.
Newbury, seven hundred fifty-two dollars and fifty cents.
Newburyport, seventy-eight hundred fifty-seven dollars and fifty

cents.
Newton, thirty-two thousand seventy-seven dollars and fifty

ceuts.
Norfolk, three hundred sixty-seven dollars and fifty cents.
North Adams, fifty- four hundred seventy-seven dollars and fifty

cents.
North Andover, twenty-three hundred sixty- two dollars and fifty

cents.
North Attleborough, twenty-eight hundred dollars.
North Brookfield, fourteen hundred dollars.
North Reading, three hundred sixty-seven dollars and fifty

cents.
Northampton, seventy-three hundred and fifteen dollars.
Northborough, eight hundred ninety-two dollars and fifty cents.
Northbridge, twenty-five hundred thirty-seven dollars and fifty

cents.
Northfield, six hundred eighty-two dollars and fifty cents.
Norton, five hundred seventy-seven dollars and fifty cents.

Acts, 1896. — Chap. 529. 549

Norwell, seveu huudred and seventy dollars. uo^nld and^'"""

Norwood, twenty-one hundred fifty-two dollars and fifty cents, asaessed.

Oakham, two hundred and forty-five dollars.

Orange, twenty-eight hundred seventeen dollars and fifty cents.

Orleans, four hundred and ninety dollars.

Otis, one hundred fifty-seven dollars and fifty cents.

Oxford, nine hundred twenty-seven dollars and fifty cents.

Palmer, two thousand and thirty dollars.

Paxton, one hundred ninety-two dollars and fifty cents.

Peabody, fifty-four hundred seventy-seven dollars and fifty

cents.
Pelham, one hundred twenty-two dollars and fifty cents.
Pembroke, four hundred seventy-two dollars and fifty cents.
Pepperell, fourteen hundred and thirty-five dollars.
Peru, eighty-seven dollars and fifty cents.
Petersham, four hundred and fifty-five dollars.
Phillipston, two hundred and ten dollars.
Pittsfield, ninety-four hundred and fifteen dollars.
Plainfield, one hundred twenty-two dollars and fifty cents.
Plymouth, forty -six hundred and twenty dollars.
Plympton, two hundred twenty-seven dollars and fifty cents.
Prescott, one hundred twenty-two dollars and fifty cents.
Princeton, five hundred seventy-seven dollars and fifty cents.
Provincetown, fifteen hundred ninety-two dollars and fifty cents.
Quiucy, eleven thousand seven hundred seventy-seven dollars

and fifty cents.
Randolph, sixteen hundred and forty-five dollars.
Raynham, six hundred and thirty dollars.
Reading, twenty -four hundred and fifty dollars.
Rehoboth, five hundred and twenty-five dollars.
Revere, forty-five hundred and eighty-five dollars.
Richmond, two hundred and forty-five dollars.
Rochester, three hundred and eighty-five dollars.
Rockland, twenty-one hundred and seventy dollars.
Rockport, eighteen hundred and forty-five dollars.
Rowe, one hundred and seventy-five dollars.
Rowley., four hundred and ninety dollars.
Royalston, four hundi'ed thirty-seven dollars and fifty cents.
Russell, three hundred and fifty dollars.
Rutland, three hundred sixty- seven dollars and fifty cents.
Salem, twenty thousand four hundred and seventy-five dollars.
Salisbury, four hundred and sixty- five dollars.
Sandisfield, two hundred and forty-five dollars.
Sandwich, six hundred eighty-two dollars and fifty cents.
Saugus, two thousand and sixty-five dollars.
Savoy, one hundred twenty-two dollars and fifty cents.
Scituate, fourteen hundred and thirty-five dollars.
Seekouk, six hundred twelve dollars and fifty cents.

550 Acts, 1896. — Chap. 529.

ulfned and^^*"^* Sharon, eleven hundred thirty-seven dollars and fifty cents.
asseBBed. Sheffield, six hundred and thirty dollars.

Shelburne, six hundred forty-seven dollars and fifty cents.

Sherborn, five hundred seventy-seven dollars and fifty cents.

Shirley, five hundred and twenty-five dollars.

Shrewsbury, seven hundred dollars.

Shutesbury, one hundred twenty-two dollars and fifty cents.

Somerset, seven hundred fifty-two dollars and fifty cents

Somerville, thirty thousand two hundred and five dollars.

South Hadley, sixteen hundred and forty-five dollars.

Southampton, three hundred and fifty dollars.

Southborough, eleven hundred thirty-seven dollars and fifty

cents.
Southbridge, twenty-eight hundred fifty-two dollars and fifty

cents.
Southwick, three hundi-ed and eighty-five dollars.
Spencer, twenty-nine hundred twenty-two dollars and fifty cents.
Springfield, forty- one thousand seventy-two dollars and fifty

cents ■
Sterling, six hundred twelve dollars and fifty cents.
Stockbridge, twenty-one hundred and seventy dollars.
Stoneham, twenty-eight hundred and thirty-five dollars.
Stoughton, twenty-one hundred seventeen dollars and fifty cents.
Stow, four hundred and fifty-five dollars.
Sturbridge, six hundred eighty-two dollars and fifty cents.
Sudbury, eight hundred twenty-two dollars and fifty cents.
Sunderland, two hundred ninety-seven dollars and fifty cents.
Sutton, nine hundred and forty-five dollars.
Swampscott, thirty-nine hundred and fifty-five dollars.
Swanzey, six hundred twelve dollars and fifty cents.
Taunton, thirteen thousand nine hundred and sixty-five dollars.
Templeton, nine hundred and eighty dollars.
Tewksbury, ten hundred and fifty dollars.
Tisbury, five hundred seventy-seven dollars and fifty cents.
Tolland, one hundred and five dollars.
Topsfield, six hundred twelve dollars and fifty cents.
Towusend, eight hundred and forty dollars.
Truro, two hundred sixty-two dollars and fifty cents.
Tyngsborough, two hundred and eighty dollars.
Tyringham, one hundred fifty-seven dollars and fifty cents.
Upton, seven hundred and thirty-five dollars.
Uxbridge, fifteen hundred ninety-two dollars and fifty cents.
Wakefield, four thousand and ninety-five dollars.
Wales, two hundred and ten dollars.

Walpole, fourteen hundred fifty-two dollars and fifty cents.
Waltham, thirteen thousand and fifty-five dollars.
Ware, three thousand ninety-seven dollars and fifty cents.
Wareham, fourteen hundred and seventy dollars.

Acts, 1896. — Chap. 529. 551

Warren, nineteen hundred and sixty dollars. state tax appor-

' •' tioned and

Warwick, two hundred twenty-seven dollars and fifty cents. asaessed.

Washington, one hundred and forty dollars.^

Watertown, fifty-seven hundred and five dollars.

Wayland, eleven hundred two dollars and fifty cents.

Webster, twenty-six hundred and ninety-five dollars.

Wellesley, forty-six hundred and fifty-five dollars.

Wellfleet, five hundred forty-two dollars and fifty cents.

Wendell, one hundred and seventy-five dollars.

Wenham, four hundred seventy-two dollars and fifty cents.

West Boylston, nine hundred sixty-two dollars and fifty cents.

West Bridgewater, seven hundred dollars.

West Brookfield, five hundred and ninety-five dollars.

West Newbury, seven hundred dollars.

West Springfield, twenty-eight hundred eighty-seven dollars and

fifty cents.
West Stockbridge, four hundred two dollars and fifty cents.
West Tisbury, two hundred and eighty dollars.
Westborough, nineteen hundred and sixty dollars.
Westfield, fifty-five hundred forty-seven dollars and fifty cents.
Westford, nine hundred sixty-two dollars and fifty cents.
Westhampton, one hundred and seventy-five dollars.
Westminster, five hundred forty-two dollars and fifty cents.
Weston, twenty-five hundred two dollars and fifty cents.
Westport, eleven hundred two dollars and fifty cents.
Weymouth, forty-seven hundred seventy-seven dollars and fifty

cents.
Whately, three hundred thirty-two dollars and fifty cents.
Whitman, twenty-five hundred and fifty-five dollars.
Wilbraham, five hundred and ninety-five dollars.
Williamsburg, six hundred and sixty-five dollars.
Williamstown, seventeen hundred sixty-seven dollars and fifty

cents.
Wilmington, six hundred and thirty dollars.
Winchendon, sixteen hundred and forty-five dollars.
Winchester, forty-five hundred thirty-two dollars and fifty cents.
Windsor, one hundred and forty dollars.
Winthrop, three thousand and forty-five dollars.
Woburn, sixty-seven hundred and ninety dollars.
Worcester, sixty-three thousand five hundred seven dollars and

fifty cents.
Worthington, two hundred twenty-seven dollars and fifty cents.
Wrentham, ten hundred sixty-seven dollars and fifty cents.
Yarmouth, fourteen hundred and seventy dollars.

Issue warrant.

Section 2. The treasurer of the Commonwealth shall w^w^/r^nt
forthwith send his warrant, directed to the selectmen or
assessors of each city or town taxed as aforesaid, requir-

552 Acts, 1896. — Chap. 530.

ing them respectively to assess the sum so charged, ac-
cording to the provisions of chapter eleven of the Pul)lic
Statutes, and to add the amount of such tax to the amount
of town and county taxes to be assessed by them respec-
tively on each city and town,
rs^gl^menu. Section 3. The treasurer of the Commonwealth in

his warrant shall require the said selectmen or assessors
to pay, or issue severally their warrant or warrants re-
quiring the treasurers of their several cities or towns to
pay, to the treasurer of the Commonwealth, on or before
the tenth day of December in the year eighteen hundred
and ninety-six, the sums set against said cities and towns
in the schedule aforesaid ; and the selectmen or assessors
respectively shall return a certificate of the names of the
treasurers of their several cities and towns, with the sum
which each may be required to collect, to the treasurer
of the Commonwealth at some time before the first day
of October in the year eighteen hundred and ninety-six.
uelsu^rers of Section 4. If the auiouut due from any city or town,

and'towM"e'tc^" ^^ providcd iu this act, is not paid to the treasurer of the
Commonwealth within the time specified, then the said
treasurer shall notify the treasurer of such delinquent
city or town, who shall pay into the treasury of the Com-
monwealth, in addition to the tax, such further sum as
would be equal to one per centum per month during such
delinquency from and after the tenth day of December in
the year eighteen hundred and ninety-six ; and if the
same remains unpaid after the first day of January in the
year eighteen hundred and ninety-seven, an information
may be filed by the treasurer of the Commonwealth in
the supreme judicial court, or before any justice thereof,
against such delinquent city or town ; and upon notice
to such city or town, and a summary hearing thereon, a
warrant of distress may issue against such city or town
to enforce the payment of said taxes under such penalties
as said court or the justice thereof l)efore whom the
hearing is had shall order.

Section 5. This act shall take effect upon its passage.

Approved June 9, 1896.

Chap.530 An Act relative to stony brook in the city of boston.

Be it enacted, etc., as follows :
raayait^°the" Section 1. The city of Boston may alter the course
brook! °* ^'°°^ of and make a new channel, covered or uncovered, for

Acts, 1896. — Chap. 530. 553

Stony brook in the city of Boston, from a point at or
near the Tremont street crossing of the Boston and Provi-
dence raih"oad to a point at or near Boylston station on
said railroad.

Section 2. The board of street commissioners, with may^belaken.
the approval of the mayor, may take by purchase or
otherwise, in fee, for said city, for the purpose aforesaid,
any lands in said city which they may deem necessary
therefor, and may take any rights or easements in said
brook or in any lands which they may deem necessary ;
and, to make any such taking otherwise than by purchase. Description of
shall cause to be recorded in the registry of deeds for the recorded!' °
county of Suflblk a description of the lands, rights or
easements so taken, as certain as is required in a common
conveyance of land, with a statement signed by them
that such lauds, rights or easements were taken for the
purposes of this act ; and upon the recording of such
description the lands, rights or easements described therein
shall be taken for said city.

Section 3. Said city shall pay all damages sustained i^"™*se8.
by any person in his property by the taking of any lands,
rights or easements under the authority of this act, and
if any person sustaining such damage fails to agree with
said city as to the amount of damages sustained such dam-
age shall l)e assessed and determined in the superior court
for the county of Suffolk, on the written application of
either party therefor, filed with the clerk of said court
within one year from the date of such taking, but no such
application shall be made after the expiration of said one
year; and upon such application, after such notice as said
court shall order, the damages shall be determined by a
jury in said court in the same manner as damages for land
taken for highways in said city are determined, and costs
shall be taxed and execution issued as in civil cases.

Section 4. For the purpose of defraying all the costs stony Brook
and expenses of the lands, rights and easements taken, scr^p?^*™*"
purchased or held for the purposes mentioned in this act,
and of constructing all channels and works necessary and
proper for the accomplishment of the said purposes, and
for paying all expenses incident thereto, the treasurer of
said city shall issue from time to time, at the request of
the mayor, negotiable notes, scrip or certificates of debt,
to be denominated on the face thereof. Stony Brook Im-
provement Scrip, to an amount not exceeding in the

554

Acts, 1896. — Chap. 531.

Sinking fund.

whole the sum of five hundred thousand dollars, which
shall not be included in determining the limit of indebted-
ness of said city. Said notes, bonds or scrip shall be
registered or with interest coupons attached, as said treas-
urer shall determine ; shall bear such rate of interest, not
exceeding four per cent, per annum, payable semi-annu-
ally on such days, and shall be issued and disposed of in
such amounts, in such modes and at such times and
prices, as the treasurer with the approval of the mayor
shall from time to time determine. The sinking funds
commissioners of said city shall upon the issuing of any
of said bonds establish a sinking fund and determine the
amounts to be paid thereto each year, which fund shall be
sufiicient with its accumulations to extinguish the debt at
maturity ; and the treasurer of said city shall pay to said
commissioners any premiums received by the city in the
negotiation or sale of any of said bonds.

Section 5. This act shall not be construed to author-

br"nterfered ^° Jz^ Said clty to take the estate owned by the Boston Belt-

with, etc. [^g Company, northerly of said crossing, nor to interfere

with, or take, or stop the flow of the water of said brook

without furnishing free of expense to said belting company

a sufficient supply of water so long as its supply from said

brook is cut ofl' while the work herein authorized is being

done.

effect". ° * "^ Section G. This act shall take efiect when accepted

by the city council of the city of Boston.

Approved June 9, 1896.

Estate of the
Boston Hulling

CJiaV.SSl. ^^ -'^CT TO PROVIDE FOR THE SECURITY AND PRESERVATION OF
THE SO-CALLED BULFINCH PORTION OF THE STATE HOUSE.

Preservation of
the BuUinch
portion of the
state house.

Be it enacted, etc. , as follows :

Section 1. His Honor, Roger Wolcott, acting gov-
ernor of the Commonwealth, George P. Lawrence, presi-
dent of the senate, and George v. L. Meyer, speaker of
the house of representatives, shall, as a committee serving
without pay, consider and decide upon a plan for preserv-
ing, restoring and rendering practically fireproof the so-
called Bulfinch state house, substantially in accordance
with the report and specifications of the commission ap-
pointed by Governor Greenhalge for the preservation of
the Bulfinch state house, made to the legislature on the
thirteenth day of April in the year eighteen hundred and

Acts, 1896. — Chap. 531. 555

ninety-five. Any vacancies occurring in said committee
shall be filled by the governor, or by the acting governor,
with the advice and consent of the council.

Section 2. For the purpose stated in section one of Drawings and

. ^ ^ , , Bpecincations to

this act said committee is hereby authorized and directed i»e made, etc.
to employ an architect to make and submit for its approval
drawings and specifications. Said architect shall super-
intend the execution of the work in accordance with such
drawings and specifications as shall be approved by said
committee, and in accordance with such changes therein
as may thereafter be approved in writing by said commit-
tee. The drawings and specifications approved by said
committee, and any changes made therein from time to
time, with the written approval of the committee, shall be
delivered to the state house construction commissioners.

Section 3. Said state house construction commis- state house con.
sioners are hereby authorized and directed, upon receipt miss'io'Derrto"
of said drawings and specifications, to proceed to restore tfaJwoik?""'
and to preserve the said state house, in accordance with
said drawings and specifications and under the superin-
tendence of said architect, and to make in behalf of the
Commonwealth all contracts and to employ all labor which
shall be necessary for that purpose, but the expense in-
curred by said commissioners under the provisions of this
act, including the architect's commission, which shall be
paid by them, shall not exceed three hundred and seventy-
five thousand dollars.

Section 4. To meet the expenses provided for by this state House

, . 1 J 1 • I'll ,1 Construction

act the treasurer and receiver general is hereby author- Loan,
ized, with the approval of the governor and council, to
issue scrip or certificates of indebtedness to an amount not
exceeding three hundred and seventy-five thousand dollars,
for a term not exceeding twenty years, the same to be in
addition to any amount previously authorized. Said scrip
or certificates of indebtedness shall be issued as reo-istered
bonds or with interest coupons attached, and shall bear
interest not exceeding four per cent, per annum, payable
semi-annually on the first days of April and October in
each year, shall be redeemal)le at maturity in the gold coin
of the United States or its equivalent, shall be designated
on the face thereof. State House Construction Loan, shall
be countersigned by the governor, and shall be deemed a
pledge of the faith and credit of the Commonwealth ; and
said scrip or certificates of indebtedness shall be sold in such

556 Acts, 1896. — Chap. 532.

instalments as the governor and council may determine,
by public advertisement, to the highest bidder, at not less
than the par value thereof, or in such other manner as the
governor and council may determine to be for the best
Sinking fund, intcrcst of the Commonwealth. The sinking fund estab-
lished by chapter three hundred and ninety-four of the
acts of the year eighteen hundred and eighty-nine shall
also be maintained for the purpose of extinguishing bonds
issued under the authority of this act, and the treasurer
and receiver general shall apportion thereto from ^ear to
year an amount sufficient with the accumulations of said
fund to extinguish at maturity the debt incurred by the
issuing of said bonds. The amount necessary to meet
the annual sinking fund requirements and to pay the in-
terest on said bonds shall be included in and be made a
part of the annual state tax levy, and any premium over
the par value of said bonds received on the sale thereof
shall form part of the sinking fund for their redemption.
Section 5. This act shall take effect upon its passage.

Approved June 9, 1896.

Ch(ip.5^2 An Act to legalize certain bonds of the city of eyerett.
Be it enacted, etc., asfolloivs:

amendtd ^ ^' SECTION 1 , Scctiou onc of chapter four hundred and

forty-six of the acts of the year eighteen hundred and
ninety-three is hereby amended by inserting after the
word "commissioners", in the twelfth line of said section,
the following words : — or by the board of public works, —

City of Everett go as to Tcad as follows : — Section 1. The city of Ever-

may iBsue scrip i-ii ^ • i • • iij_ ii_

or bonds. ett IS hereby authorized to issue scrip or bonds to the

amount, upon the terms and conditions, and for the pur-
poses, provided in chapter one hundred and forty-nine
of the acts of the year eighteen hundred and ninety-one
and chapter one hundred and eighty-nine of the acts of
the year eighteen hundred and ninety-two, respectively,
authorizing the town of Everett to issue scrip or bonds for
extending and improving its water supply and funding its
water debt. The scrip or bonds shall be authorized from
time to time by the city council and signed by the treas-
urer and water commissioners, or by the board of public
works, and approved by the mayor of the city of Everett.
Section 2, This act shall take effect upon its passage.

Approved June 9, 1896.

Acts, 1896. — Chaps. 533, 534, 535. 557

An Act to confirm cektain proceedings of the town of east (7^^r).533

LONGMEADOW

Be it eitacted, etc., as follows :

Section 1. The action of the town of East Lonj;- certain pro.

, 1 j^' j^ ii • • • /• 1 ceedingB con-

meadow relative to the appropriation ot money tor tele- firmed.

phone service, taken at the meeting of said town held on

the ninth day of March in the year eighteen hundred and

ninety-six, is hereby legalized and confirmed, but nothing

herein contained shall authorize or empower said town to

construct or maintain a telephone line.

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

Approved Jane 9, 1896.

An Act to confirm the proceedings of the annual town (JJiajy.B^^

meeting of the town of PRINCETON.

Be it enacted, etc. , as follows :

Section 1 . The proceedings of the annual town meet- Proceedings of
iiig of the town of Princeton, held on the second day of meeting con-
March in the year eighteen hundred and ninety-six, shall ''^^
not be invalid by reason of the fact that tellers were not
appointed jirior to said meeting, as required by chapter
two hundred and eighty-five of the acts of the year eight-
een hundred and ninety-five.

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

A2')proved June 9, 1896.

An Act relative to the terminal facilities of the new eng- /^^^,« KQft

LAND railroad COMPANY, AND PROVIDING FOR THE ALTERATION "^

OF THE GRADE CROSSING OF CONGRESS STREET WITH THE ROAD
OF SAID COMPANY IN THE CITY OF KOSTON.

Be it enacted, etc., as follows :

Section 1 . The New England Railroad Company may Terminal
aljandon its railroad and terminal facilities west of the Newifngund
easterl}^ line of A street in the city of Boston, in whole or Kawroadcom-
in part, and provide other terminal facilities in said city,
which in the judgment of the board of railroad commis-
sioners of the Commonwealth are an adequate sul)stitute
therefor, and may contract with any railroad or other cor-
poration for terminal facilities in Boston.

Section 2. The commissioners appointed by the su- Alteration of
perior court upon the pending petition of the mayor and fitf^ crosBing,

558

Acts, 1896. — Chap. 535.

Abolition of
grade crossiug,
etc.

aldermen of the city of Boston for the alteration of the
grade crossing of Congress street and the railroad of the
New York and New England Railroad Company (now the
New England Railroad Company), or any other commis-
sioners appointed by the court upon said petition, shall
forthwith proceed to prescribe the manner in which said
crossing shall be abolished, either by carrying Congress
street over the location and lands of the New England
Railroad Company, or by altering the location of Congress
street east of a point on that street three hundred and
seventy-five feet east of the easterly boundary of A street,
or by discontinuing any portion of Congress street east of
said point on that street, and locating and constructing a
new street one hundred feet wide, including a bridge over
Fort Point channel in substitution therefor, and in substi-
tution for any other ways, except Northern avenue, which
may exist, or may now be provided to be hereafter located
and constructed across the railroad or land of said railroad
company in that part of Boston known as South Boston,
northerly of West First street, and shall prescribe the
manner and limits within which such alterations and
changes shall be made, and shall determine which party
shall do the work or shall apportion the work to be done
between the railroad company and the city of Boston.
Such new street and bridge, if located and constructed,
shall be so located and constructed as to be in the judgment
of the commissioners an adequate substitute for Congress
street if discontinued in part, and for any other existing
puljlic way across the lands or railroad of said company
northerly of West First street, except Northern avenue, as
heretofore required to be constructed. Said commissioners
shall within one year from the passage of this act determine
and report upon the changes and locations of streets herein
referred to.

Section 3. No highway, except as provided in section
required for the two of this act, shall bc hereafter laid out or constructed

conetruction of i i i -i i /> • t i i .

certain high- across the lands or railroad oi said company northerly of
West First street, and southerly of Northern avenue, as
heretofore provided to be constructed, without the special
authority of the legislature ; and if the board of harbor
and land commissioners shall sell any lands of the Com-
monwealth to any railroad corporation owning or occupy-
ing said lands northerly of West First street, or any part
thereof, they may, with the approval of the governor and

Authority of
the legislature

■wayB, etc.

Acts, 1896. — Chap. 535. 559

council, agree in behalf of the Commonwealth, as a ^art
of said sale, that no highway or other way shall be laid
out or constructed across said lands or the lands thus sold.
But no portion of Congress street shall be discontinued for
public travel until a new street in substitution therefor is
constructed and open for public travel.

Section 4. The acceptance of the report of said com- Taking of land;
missioners by the superior court or any justice thereof
shall be a taking of the land therein required to be taken
for railroad and highway purposes, as therein specitied,
and damages shall be assessed and recovered therefor as
provided by chapter four hundred and twenty-eight of the
acts of the year eighteen hundred and ninety and acts in
addition thereto and in amendment thereof.

Section 5. The expenses of the alteration and im- Payment of

• 1 1 1 ji J /» ji • • expenses.

provements prescribed by the report or the commissioners,
including damages occasioned by the taking of land and
by the alteration and construction of highways and bridges
as required by said report, shall be paid by the railroad
company and the city of Boston and the Commonwealth,
in such proportions as the commissioners shall decide to be
just and equitable, considering all the relations of the
parties. That portion of such expenses which may be re-
quired to be paid by the Commonwealth and by the city
of Boston shall be primarily paid by the Commonwealth,
and the treasurer and receiver general shall pay the amounts
required therefor from any money in the treasury not
otherwise appropriated ; and when requested by the gov-
ernor and council so to do may issue and sell bonds of the
Commonwealth from time to time to provide means for
such payments, under such terms and conditions and wdth
such sinking funds for their redemption as shall best pro-
mote the welfare of the Commonwealth.

Section 6. For the purpose of paying that portion of pany ma/TsTue
the expenses required to be paid by the New England ^onde, etc.
Railroad Company that company may issue bonds, to be
secured by mortgage upon its road and property, to such
amount as may be required therefor and as shall be ap-
proved by the board of railroad commissioners, or it may
use the proceeds of bonds issued under its mortgage made
on the second day of September in the year eighteen
hundred and ninety-five, and recorded in Sufiblk county
registry of deeds on the twelfth day of September in the
year eighteen hundred and ninety-five.

560

Acts, 1896. — Chap. 535.

Superior court
to appoint an
auditor, etc.

Certain portion
of expense paid
by the Com-
monwealth to
be refunded.

Compensation
of commis-
sioners, etc.

Acceptance to
be a waiver of
objection to
validity of a
certain agree,
ment.

1890, 428, §§ 1-8,
etc., to apply,
etc.

Section 7. The superior court shall appoint some
proper person, who may be an inhabitant of Boston, as
auditor, who shall from time to time audit and make re-
port to the court of the expenses incurred in carrying out
the decision of the commissioners, and the decree of the
court confirming the same, which reports, when accepted
by the court, shall be final.

Section 8. The city of Boston shall repay to the
Commonwealth the proportion of the expenses required
to be paid l^y it, and primarily to be paid by the Com-
monwealth, in the manner prescribed for payment by a
town or a city to the Commonwealth of its proportion of
the expenses of the alteration of grade crossings, by chap-
ter two hundred and eighty-three of the acts of the year
eighteen hundred and ninety-three.

Section 9. The compensation of the commissioners
and the expense incurred in surveying, engineering and
other matters under their direction, to enable them to
make their report, as well as the compensation of the
auditor appointed by the court, shall be a part of the
expense of making the alterations and improvements re-
quired by the report of the commissioners.

Section 10. The acceptance of the provisions of this
act by the New England Railroad Company and the city
of Boston by any proceedings thereunder shall be and in
any court shall be construed as a waiver by them respec-
tively of any objection to the validity of or defence to the
enforcement of any and all of the provisions of the agree-
ment of the twenty-fourth day of June in the year eighteen
hundred and seventy-three, between the Commonwealth,
the Boston and Albany Railroad Company, the Boston
Wharf Company, and the city of Boston,

Section 11. Sections one to eight inclusive of chapter
four hundred and twenty-eight of the acts of the year
eighteen hundred and ninety, and of acts in addition
thereto or amendment thereof, shall, so far as they do
not conflict with the foregoing provisions, ])e applicable
to all proceedings under this act, and all damages sus-
tained by any persons in their property by reason of any-
thing done under this act may be recovered in the manner
provided in said chapter for the recovery of damages caused
by the taking of land for the alteration of grade crossings.

Section 12. This act shall take effect upon its passage.

Approved June 9, 1896.

Acts, 1896. — Chap. 536. 561

An Act relative to the Suffolk county reformatory, house njffj^-, K'XP.

OF CORRECTION AND BOSTON HOUSE OF INDUSTRY. ^

Be it enacted, etc., as folloivs :

Section 1. The institutions commissioner of the city Suffolk coumy
of Boston shall prepare plans for the construction of buikl- e^tc.°'^™*^°'^^ '
ings for a reformatory for male prisoners, to be known as
the Suffolk County Reformatory, arranged to provide for
the grading, classiticatiou, instruction and employment
of such prisoners. Said commissioners shall proceed to
construct said l)uildings at an expense of not more than
five hundred thousand dollars, after the said plans therefor
shall have l^een approved by the mayor of said city and
after an appropriation to defray the expenses of construct-
ing said buildings in accordance with the plans so approved
shall have been made by the city council of said city, in-
cluding the cost of any land not already owned by said
city which it may be necessary to purchase as a site for
said buildings.

Section 2. Said commissioner may use for said reform- Land now
atory any real estate now owned by said city, or may take cuy of Boston
therefor, by purchase or otherwise, such other real estate "ascertain''
in the county of Suffolk as said mayor may approve ; and be^tVe^n 'l™^^
to take any such real estate otherwise than by purchase
the mayor of said city shall cause to be recorded in the
registry of deeds for said county a description of the real
estate to be taken as certain as is required in a common
conveyance of land, with the statement that the real estate
is taken for said reformatory, and upon such recording the
property described shall be taken for the city.

Section 3. Said city shall pay all damages sustained fj^Teit&J^''
by any person whose real estate is taken under the author- *'»'^«"> «'<=•
ity of this act, and if the person whose property is taken
and said commissioner cannot agree upon the amount of
sucli damages the same shall be assessed and determined
in the manner provided by law when land is taken for the
laying out of highways, on the application of such person
or commissioner, filed in the clerk's office of the superior
court for the county of Suffolk at any time within one
3'^ear after the taking of such property.

Section 4. The mayor of said city when the buildings Governor to

/. , /I , "^ 1^ 111'/' J^ issue proclama-

lor such re rorm atory are ready tor use shall mtorm the tion opening

governor thereof, and the governor may thereupon issue

reformatory.

562

Acts, 1896. — Chap. 536.

Superintendent
to be appointed,
rules and regu-
lations to be
established, etc.

Custody and
control of
prisoners, etc.

Sentences to
reformatory.

his proclamation fixing the date of the establishment and
opening of the reformatory, and thereafter persons may be
sentenced and committed thereto as hereinafter provided.

Section 5. Said commissioner shall appoint a super-
intendent of the Suffolk county reformatory ; shall estab-
lish such rules and regulations, to be approved by the
governor and council, for the grading, classification, and
release of the prisoners as shall provide for dealing with
them according to their behavior, industry in labor and
diligence in study ; shall establish rules providing for the
duties of the officers, the discipline and instruction of
prisoners and the custody and preservation of the prop-
erty of said reformatory ; shall determine the salaries and
compensation, of officers appointed by him or by said
superintendent ; and may suspend or remove said super-
intendent for such cause as he shall state in his notice of
removal.

Section 6. Said superintendent shall have the custody
and control of all prisoners committed to the reformatory,
sulrject to rules and regulations made as aforesaid ; shall
appoint, su1>ject to the approval of said commissioner, a
deputy superintendent, chaplain, clerk, and such subor-
dinate officers and employees as he may deem necessary ;
and may suspend or remove any officer or employee
appointed by him for such cause as he shall deem sufficient
and shall state in writing to said commissioner.

Section 7. Any male person not more than thirty-five
years of age, convicted of an offence committed within
the county of Suffolk, punishable by imprisonment in the
state prison or in the house of correction, may be sen-
tenced to said reformatory; and every municipal, police
and district court in the county of Suffolk having juris-
diction and authority to sentence such person to a house
of correction shall have jurisdiction and authority to
sentence him to said reformatory. The court imposing
the sentence shall not fix or limit the duration thereof, but
shall merely sentence the prisoner to the Suffolk county
reformatory, and any person so sentenced for an offence
punishable by imprisonment in the state prison may be
held in said reformatory for a term not exceeding five
years, and any person so sentenced for an offence that is
not punishable b}" imprisonment in the state prison may
be held in said reformatory for a term not exceeding two
years. The court imposing any such sentence shall

Acts, 189G. — Chap. 536. 563

transmit to the superintendent an attested copy of the
complaint or indictment under which such person was
convicted, together with the names and addresses of the
witnesses testifying for and against such person at his
trial. No fee shall be charged or allowed for making ^

said copies.

Section 8. All expenses of said reformatory, includ- paj^^ro'^^ c°t^®
ing the salaries and compensation of officers and em- treasury.
ployees, shall be paid from the treasury of said city, upon
vouchers approved by said commissioner, in the same
manner as the expenditures of other institutions under
the charge of said commissioner are paid.

Section 9. The house of industry in the city of Bos- House of
ton is hereby established as a house of correction for the irehed.'etc!'^^'
county of Suffolk, and shall be hereafter known as the
House of Correction at Deer Island, and the buildings
constituting the same may be enlarged or others erected
therefor as said commissioner, with the approval of the
mayor, may deem proper.

Section 10. Said house of correction at Deer Island vu^^ns'^of'i^r""
shall be subject to all general and special laws now in tain general and
force or which may hereafter be enacted, relating to the
house of correction for the county of Suffolk, but prison-
ers held in said house of industry upon sentences imposed
before this act takes effect shall serve their sentences
therein in the same manner as if this act had not been
passed, and all laws which are applicable to such prisoners
shall be in full force as to them until the expiration of
their terms of sentence thereto.

Section 11. Said commissioner may classify the pris- Prisoners may
oners in either or both of said houses of correction, and efc.*'*'"" ^ '
may transfer them from one house of correction to the
other, or to said reformatory, and from said reformatory
to either of said houses of correction. Every prisoner
so transferred shall serve the remainder of his sentence
in the institution to which he is transferred, in the same
manner as if he had been committed thereto originally.

Section 12. Said commissioner, w^hen of the opinion prisoners may
that any prisoner in said reformatory will lead an orderly [ote'at h"^ty
life if released, may with the approval of the court by
which such prisoner was sentenced issue to such prisoner
a permit to be at liberty during the remainder of his term
of sentence, upon such terms and conditions as he shall
deem best, and he may revoke said permit at any time

in certain

cases.

564 Acts, 1896. — Chap. 537.

previous to its expiration. Said commissioner shall not
receive or consider any petition or request for the release
of any such prisoner. The violation by the holder of a
permit issued as aforesaid of any of the terms or con-
ditions thereof, or the violation of any law of this Com-
monwealth, shall of itself make void the permit.
Sa'yi^illTn'^ Sectiox 13. When any permit granted as aforesaid
order for the \y^Q bccu rcvokcd or has become void said commissioner

arrest or hold- . , . . , ^ i i i i

era of certaiu may issuB an ordcr authorizing tlie arrest oi the holder
perm 8, e c. ^jj^j-gof and his return to the institution in which he was
held at the time of his release, and he shall thereafter be
detained therein in accordance with his sentence, and in
computing the period of his confinement the time between
his release upon said permit and his return to the insti-
tution shall not be taken to be any part of the term of the
sentence.
?o^ tlanSer^'''^ Sectiox 14. Any order for a transfer or for an arrest
e'rwd ''^ ^^ ^^^^ return, as aforesaid, may be served throughout the
Commonwealth by any officer of either of said institutions
so directed by said commissioner, or by any officer author-
ized to serve criminal process in the Commonwealth.
"ctio*n°it'isouth Sectiox 15. Said commissioner, after all prisoners
di^c'nu'nued Sentenced to the house of correction at South Boston
etc. ' have been transferred or discharged therefrom, shall cause

said house of correction at South Boston to cease to be a
house of correction, and, with the approval of the mayor,
shall sell in behalf of the city the land and buildings used
therefor, and pay the proceeds of such sale to the com-
missioners of sinking funds. Said commissioners shall
place all amounts so paid to them by said commissioner
in a sinking fund for the payment of the loan contracted
for the erection of the reformatory provided for by this
act.
When to take Sectiox 16. Scctious nine, ten, eleven and twelve of

this act shall take effect upon the first day of July in the
year eighteen hundred and ninety-six.

Approved June 9, 1896.

(JJia7).5S7 ^^ -^CT TO rNCORPOKATE THE MASSACHUSETTS TIPE LINE GAS

COMPANY.

Be it enacted, etc., as follotvs :
PipTune'o"' Sectiox 1. Henry M. Whitney, Henry F. Dimock,
^^or^tld"^ '"''°'^" Fi'6^^ ^- Pearson, James Phillips, Junior, Albert N.

Parlin, George B. M. Harvey, John M. Bailey, Frank

Acts, 1896. — Chap. 537. 565

Leake, Jonas Wilder, Henry E. McCoy, and John L.
Wellington, their associates and successors, are hereby
made a corporation, under the name of the Massachusetts
Pipe Line Gas Company, for the purpose of manufact-
uring, buying, selling, dealing in, conveying, transport-
ing and distributing gas for illuminating, heating, cooking,
chemical, mechanical and power purposes, with all the
powers and privileges and subject to all the duties, re-
strictions and liabilities in all general laws which now are
or may hereafter be in force applicable to gas companies,
except as hereinafter expressly provided.

Section 2. The following terms wherever used in certain terms
this act shall have the application and meaning herein-
after set forth, unless some other meaning is clearly ap-
parent from the language, context or manifest intent : —
The word " company", or a pronoun in place of it, shall
be taken and construed to mean the Massachusetts Pipe
Line Gas Company hereby incorporated. The word
"gas", shall be taken and construed as a general term
for that commodity, without reference to its illuminating
power. The words "illuminating gas", shall be taken
and construed to mean gas of the purity and illuminating
power required by general law, intended to be used for
illuminating purposes by simple ignition at the burner.
The words "fuel gas", shall be taken and construed to
mean gas of any illuminating power, but of the purity re-
quired by general law as to illuminating gas, and intended
to be used for heating, cooking, chemical, mechanical and
power purposes, and may l)e used without connection with
any chimney or flue. The term "pipe line ", shall be
taken and construed to mean a line of mains, pipes or
conduits, with the manholes and other apparatus neces-
sary for the operation thereof, connecting a distributing-
system, plant for the manufacture of gas, or other piy^e
line, with any distributing system, plant, pipe line, town
or city. The term " distributing system", shall be taken
and construed to mean any system of mains, pipes or
conduits, in any city or town, with the manholes and
other apparatus necessary for the operation thereof, used
for distributino; o;as from any central storage recei^■ing
point or pipe line to individual consumers or for public
lights in such city or town. The word " board", shall be
taken and construed to mean the board of gas and electric
lii2;ht commissioners.

566

Acts, 1896. — Chap. 537.

Powers and
duties of
corporation.

Capital stock. Section 3. The capital stock of tlie companj^ shall be
one million dollars, divided into ten thousand shares of the
par value of one hundred dollars each. The company may
from time to time, but in compliance with the provisions
and requirements of the general laws of the Common-
wealth applicable to the issue of capital stock, increase
its capital stock to an amount not exceeding five million
dollars.

Section 4. The company may, for the purposes afore-
said and subject to the conditions hereinafter set forth,
lay, construct, maintain, repair and operate its pipe lines
and distributing systems in, along, through, under, across
or over any public ways, water courses, railroads, rail-
ways, canals, bridges or subways ; and may make such
excavations and construct such works as may be necessary
for the laying, construction, maintenance, repair, exten-
sion, operation and examination of such conduits, pipes,
manholes and other apparatus, machinery and works. But
nothing herein shall be construed as authorizing the loca-
tion by said company of any of its pipes, lines, works,
conduits, manholes or machinery in, over, through, under
or ujjon an}^ subway, navigable water course, cemetery or
public park or common or public reservation in the nature
of a park, until said company has first obtained the consent
of the board of harbor and land commissioners, park com-
missioners or other authorities having control of such
subways, cemeteries, navigable water courses, parks, com-
mons or public reservations in the nature of parks. No
conduit, pipe or main shall be laid longitudinally along
the location of any railroad company, nor shall any man-
hole or other structure be erected within such location,
without the consent of the directors of such railroad
company ; but the company may la}^ construct, maintain
and operate its conduits, pipes or mains across or under
any such location, at such times and under such reasonable
regulations and restrictions as the directors of such ra:ilroad
company shall prescribe.
Je°rt^inright°in Section 5. If the compauy shall desire for its pipe
towuB^'ltc. '^"^'^ ^^^® right to construct, maintain and operate the same
in the streets, lanes and highways of any city or town, it
shall petition the aldermen or selectmen therefor, stating
the termini of such pipe line in such city or town with as
much particularity and certainty as practicable, and stating
the streets, highways and lanes in which the company

Acts, 1896. — Chap. 537. 567

desires to locate such pipe line ; and the aldermen or To petition for
selectmen shall grant that location, or such other location cuL^s'an/ '"*"
in such streets, lanes and highways as they shall deem *°"'"^'®'°
proper. In the event that said aldermen or selectmen
shall for a period of thirty days refuse or neglect to grant
a location, or if the company is dissatisfied with the loca-
tion granted, it may within sixty days thereafter appeal
to the board, who, after such hearing and notice as they
shall deem proper, shall grant to the company reasonable
locations between said termini for such pipe line in the
streets, lanes and highways of said city or town. Upon
the granting of such locations by said aldermen, selectmen
or board, the company may lay, construct, maintain and
operate such pipe line in the location granted. Similar
rights as to additional pipe lines in the same city or town
shall be obtained only by permission of the board. The
company ma}^ upon obtaining such locations, and subject
to such regulations and restrictions in respect to the man-
ner and time of conducting the work as said aldermen or
selectmen shall prescribe, dig up and open the ground in
any of the streets, lanes and highways of said city or
town so far as is necessary to accomplish the object of the
corporation ; but such grant shall not afiect the right or
remedy to recover damages for an injury caused to per-
sons or property by the doings of the company. It shall
put all such streets, lanes and highways which are opened
by it in as good repair as they were when opened, and to
the satisfaction of the local authorities of the city or town
in which such streets, lanes or highways are located, and
upon failure so to do within a reasonable time shall be
deemed guilty of a nuisance. In constructing, maintain-
ing, repairing or extending its distributing system in any
city or town the company shall be subject to all the restric-
tions, regulations and liabilities set forth in section seventy-
five of chapter one hundred and six of the Pul)lic Statutes,
except as in this act provided ; and in the construction,
maintaining, repairing and extending of its pipe lines and
distributing systems it shall in all cases be subject to the
restrictions, regulations and liabilities set forth in sections
seventy-six and seventy-seven of said chapter one hundred
and six. If in making such excavations any water or gas
pipes, sewers, drains, conduits or other subterranean works
are disturbed or interfered with, the same shall, at the ex-
pense of the company, be restored to as good condition as

568 Acts, 1896. — Chap. 537.

grTnTidTubject they Were in before such excavation. All locations granted

to revocation.

under this section shall be subject to revocation by said
aldermen or selectmen respectively, subject to the approval
of said board.
i^riefetc'll'other SECTION 6. The compauy may, subject to the approval
systems. ' of the board and upon such terms and conditions as may
be mutually agreed upon, and as may be approved by the
board, purchase, lease or operate the works, distributing
system and other property of any person, firm, corporation,
town or city engaged in the business of selling or dis-
tributing gas, or any portion of such works, distributing
system or other property in any city or town in which the
Provisos. company has laid a pipe line : 2)7'Ovided, however, that

nothing in this act shall authorize the company to issue
new capital stock or bonds for the purpose of such pur-
chase in excess of the amount issued by the corporation
whose works are purchased ; and such person, firm, corpo-
ration, town or city may sell or lease any of its works,
distributing system or other property to the company as
aforesaid. The company may thereupon use the said
works, distributing system or other property for the pur-
pose of selling gas to the inhabitants of the town or city
within which the same are situated ; provided, Jiowever,
that in case of any such purchase, lease or operating con-
tract, the prices charged by the company to individual con-
sumers or for public lights shall thereafter be subject to the
jurisdiction of the board, as provided by section nine of
chapter three hundred and fourteen of the acts of the year
eighteen hundred and eighty-five, and shall not in any case
exceed the prices ruling at the time of such purchase,
lease or operating contract ; nor shall the company discon-
tinue any portion of the distributing system it may acquire
hy any such purchase, lease or operating contract, but
shall be subject to the provisions of section five of chapter
three hundred and forty-six of the acts of the year eighteen
hundred and eighty-six.
J^^o^thTcdra-^''^ Section 7. The company may sell or deliver fuel or
panies, etc. illuminating gas to any gas company or to any town or
city authorized by law to distribute gas ; and any gas com-
jmny and any such town or city may contract for the pur-
chase of gas of the company for such term of years, and
on such conditions as may be mutually agreed upon ; but
the prices charged by the company for such gas shall not
exceed the following amounts per thousand cubic feet for

Acts, 1896. — Chap. 538. 569

fuel gas of a heat value not less, on the average, than five
hundred and eighty British thermal heat units, delivered
at the holder or mains of any such gas company, town or
city, at the following distances from the state house :
Twenty cents within tive miles, twenty-live cents between
five and fifteen miles, and thirty cents beyond fifteen miles,
and not exceeding five cents additional in each case for
illuminating gas of the candle power required by law.
In any city or town having the right to manufacture or
distribute gas the company shall supply such city or town
with gas for distribution upon the same terms as it Bhall
supply it to any gas company distributing gas in such city
or town. The price charged by the company for fuel or schedule of
illuminating gas to individual consumers shall not exceed ''"'^^*'
the following amounts per thousand cubic feet, as herein
provided : Within eight miles of the state house, sixty
cents ; to the inhabitants of any city outside of the above
limit, having a population of more than seventy-five thou-
sand, seventy-five cents; to any other city outside of said
limit, ninety cents ; to the inhabitants of any town, one
dollar and twenty-five cents. The company shall not sell
gas to individual consumers except as provided in section
six of this act.

Section 8. The supreme judicial court and any justice Supreme and
thereof, and the superit>r court and any justice thereof, tohtve juHs""^'*
shall have jurisdiction in equity, on petition of any party Miction, etc.
interested, to compel compliance with the provisions of
this act and to prevent any violations of the provisions
thereof.

Section 9. This act shall take effect upon its passage.

Approved June 9, 1896.

An Act to authorize the city of Lawrence to refund a Ch(lV.53S

PORTION OF certain MONEYS PAID FOR A LIQUOR LICENSE.

Be it enacted, etc. , as foUoics :

Section 1. The city of Lawrence is hereby authorized l^q^orucinse
to refund to Elise Levesque a portion of the sum paid by f<^e may be
Lucien Levesque in the month of April in the year eioht-
een hundred and ninety-six, for liquor licenses, the part
so refunded to be in proportion to the unexpiied period
of the licenses.

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

Approved June 9, 1896.

570

Acts, 1896. — Chaps. 539, 540, 541.

Appropriations
for publication
of province
laws.

GAC179.539 ^^ ^^'^ ^^ ADDITION TO AN ACT MAKING APPROPRIATIONS FOR
THE PREPARATION FOR PUBLICATION AND FOR THE PUBLICATION
OF THE PROVINCE LAWS.

Be it enacted, etc., as folloivs:

Section 1. The sum of fourteen hundred dollars is
hereby appropriated, to l^e paid out of the treasury of the
Connnonwealth, for salaries and expenses in the depart-
ment of the commissioner appointed to edit the province
laws, from the first day of May up to and including the
thirtieth day of June in the year eighteen hundred and
ninety-six, the same to be in addition to any amount here-
tofore appropriated during the present year for the same
purpose.

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

Approved June 9, 1896.

CJlClD 540 ^^ ^^'^ RELATIVE TO INJURIES RECEIVED ON HIGHWAYS RESULT-
ING FROM SNOW OR ICE.

Liability for
injuries on highi-
way from cer-
tain causes.

Be it enacted, etc., as folloivs:

Section 1. No city or town shall be liable for any
injury or damage to person or property hereafter received
or suffered in or upon any part of a highway, town way,
causeway or bridge, by reason or in consequence of snow
or ice thereon, if the place at which the injury or damage
was received or suffered was at the time of the accident
otherwise reasonably safe and convenient for travelers.

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

Approved June 9, 1896.

ChapMl AN Act relative

TO STREET RAILWAYS LOCATED ON STATE
HIGHWAYS.

Location of
street railways
on state high-
ways may be
changed, etc.

Be it enacted, etc., asfolloics:

Section 1. Whenever in the construction of a state
highway it becomes necessary, in the opinion of the
Massachusetts highway commission, to change the loca-
tion, relay or change the grade of that part of any street
railway located on said highway, or to place different
material between its tracks, or to make any other change
in the location and construction of said railway, said com-
mission may, in the manner provided in section twenty-
two of chapter one hundred and thirteen of the Public

Acts, 1896. — Chap. 542. 571

Statutes for making such changes by boards of aldermen
and selectmen, order the company owning or operating
said railway to make such changes : provided, hoivever, proviso.
that the compan}' shall thereafter enjoy the same rights in
the new location that it had in the original location ; and
unless the same are made within the time limited by said
commission the commission may make said changes, and
the cost of making the same, whether by the railway
company or by said commission, shall be paid by said
commission ; said cost with interest at a rate not exceed-
in2: four per cent, per annum shall be paid by said railway
company to the Commonwealth in ten equal annual pay-
ments ; and the auditor of the Commonwealth on or before
the first day of July in each year shall certify the amount
due to the tax commissioner, who shall forthwith demand
the same ; and payment shall be made w ithin thirty days
thereafter. The claim of the Commonwealth shall have
priority over all other claims against said railway com-
pany, except for labor, and shall be collected in the same
manner as the corporation tax ; but any such company
may itself pay for the expenses of said changes at the
time of making the same, and may anticipate said annual
payments in whole or in part.

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

Approved June 9, 1896.

An Act to incorporate the Massachusetts maritime canal nfinj) 549

COMPANY. "'

Bh it enacted, etc. , as follows :

Section 1. Elmer L. Corthell, Francis V. Smith, MassachuBetts
Sevmour P. Thomas, Adolph Victor, Alfred J. Murray, co^mpany
Alured B. Nettleton, Henry L. Turner, John H. Rice, i°'=°'-P°^^'^'^-
Wendell G. Corthell, and Wyatt M. Bassett, their asso-
ciates and successors, are made a corporation by the name
of the Massachusetts Maritime Canal Company ; and as
such shall have perpetual succession, and by that name
may sue and be sued, plead and be impleaded in law and
equity, and may purchase, receive, hold and convey real
and personal estate, and the same retain to themselves,
their successors and assigns, so far as it shall be necessary
for their accommodation and convenience in the transac-
tion of their business ; with all the privileges and subject
to all the duties, restrictions and liabilities set forth in all

572 Acts, 189(3. — Chap. 542.

general laws which now are or may hereafter be in force
relating to railway corporations, so far as they are appli-
cable, except as hereinafter provided.
andbo'nds?'' SECTION 2. The Capital stock of Said Corporation shall

be six million dollars, divided into shares of one hundred
dollars each ; and said corporation may, by a vote at a
meeting called for that purpose, issue coupon or registered
bonds to an amount not exceedino; in the affcrreo-ate the
capital stock of said corporation actually paid in at the
time ; and may mortgage or pledge as security for the pay-
ment of such bonds a part or all of its canal, equipment or
franchise, or a part or all of its property, real or personal.
Such bonds shall be payable at periods not exceeding fifty
years from the date thereof, and shall, except as herein
provided, be issued in accordance with sections sixty-two
to seventy-three, inclusive, of chapter one hundred and
twelve of the Public Statutes, which are hereby made ap-
plicable to said corporation. Said corporation may issue
stock and bonds in payment for labor performed and ma-
terial furnished in the construction of a canal as herein-
after provided, and in payment for property acquired for
that purpose, and to provide means for funding its floating
debt or for the payment of money borrowed for any law-
ful purpose. All issues of stock and bonds under the
provisions of this act shall be subject to the approval and
certitication of the joint board provided for in section six
of this act, in the manner provided in chapter four hun-
dred and sixty-two of the acts of the year eighteen hundred
and ninety-four relative to the issue of stock and bonds
by railroad and street railway companies.
^DBtruT/and Sectiox 3. Said corporation may locate, construct,

operate a canal, maintain and operate a ship canal, begiiming at some
convenient point in Buzzard's bay and running through
the towns of Bourne and Sandwich, or either of them, to
some convenient point in Cape Cod or Barnstable bay ;
may locate, construct and maintain all such wharves,
docks, Ijreak waters and other structures and works as
may be necessary for the convenient use of said canal,
together with the highways provided for by this act ; and
may maintain and operate steam and other vessels for
transportation, and steam tugs, or may use any other
means or methods for assisting vessels in their approach
to and passage through and from the canal. Said canal,
when constructed, shall have a depth of not less than

Acts, 1896. — Chap. 542. 573

twenty- five feet at mean high water, and a width of not
less than one hundred feet at the bottom, with suitable
slopes and with a surface width of not less than two hun-
dred feet. All materials excavated from tide waters shall ^j^^°iau°" °^
be disposed of so as not to unnecessarily interfere with excavated, etc.
the fishing interests, and material excavated shall be de-
posited within the limits of the location of the canal, as
far as practicable. The construction of the approaches
to said canal from the present line of high water upon the
shores seaward at either end thereof, shall be subject to
the provisions of chapter nineteen of the Public Statutes,
and said canal when completed shall l)e under the juris-
diction of the harbor and land commissioners.

Section 4. Said corporation may survey, and after Taking of laud,
depositing two hundred thousand dollars with the treas- lingentupoQ
urer of the Commonwealth, as provided in section twenty- wuhTho"'' *^
three, may lay out and have the location of its canal, not "■^^surer.
exceeding one thousand feet wide, and shall within six
months from the passage of this act file the location thereof
with the county commissioners for the county of Barnstable,
defining the courses, distances and boundaries thereof, in the
manner provided for filing railroad locations. Said corpo-
ration may from time to time purchase or take any land or
materials necessary for making or securing a convenient use
of its canal, breakwaters, basins, docks, wharves, gates, high-
ways, or other structures and works, in the manner in which
land or materials are taken for the construction of railroads.

Section 5. Said corporation shall pay all damages Damages.
occasioned to the Old Colony Railroad Company or to
the New York, New Haven and Hartford Eailroad Com-
pany by laying out and making said canal, or by taking
land or materials therefor, or by any change required
under this act of the road of either of said railroad com-
panies ; and such damages, on the application of either
part}^ shall be estimated by the county commissioners for
the county of Barnstable, in the manner and subject to
the rules of law provided for determining the damages for
taking land in laying out railroads. Either party dis-
satisfied with the estimate of the county commissioners
may, at any time within one year after it is completed
and returned, apply by petition to the superior court for
the county of Barnstable for a jury to assess the damages,
and like proceedings shall be had thereon as in proceed-
ings for damages for laying out railroads.

574:

Acts, 1896. — Chap. 54:2.

Crossing of
canal by tracks
of Old Colony
Kailroad
Company.

Railroad com-
missiuntTS to
prescribe when
and how loca-
tion of railroad
shall be
altered.

Section G. The canal company, within six months
from the passage of this act, may apply to the l^oards of
railroad commissioners and of harbor and land commis-
sioners, who for the purposes hereinafter stated are con-
stituted a joint board, to determine at what point or points
the raih'oad of the Old Colony Railroad Company shall
cross said canal, by a drawbridge or bridges. Said joint
board thereupon, after notice to the Old Colony Railroad
Company and to all other parties interested, which notice
shall be given in such form as said joint board shall direct,
shall determine said questions, and the decision of a
majority of said joint board shall be final. Said canal
company shall construct its canal with such structures
and appliances for its protection and use as said joint
board may order, together with such bridge or bridges,
ferries, and changes of highways, under the supervision
of said joint board, as shall be in accordance with plans
approved by them and in conformity with such orders as
they may make ; and the supreme judicial court shall have
jurisdiction in equity to enforce such orders.

Sectiox 7. The board of railroad commissioners, after
due notice to all parties interested and after hearing all
who shall appear, shall determine and prescribe in writing
the time when and the manner in which the Old Colony
Railroad Company shall alter its location so as to cross
said canal at such point or points as may be determined
upon ])y the joint board hereinbefore provided ; and in
making such alterations, said railroad corporation shall
have all the powers and privileges and shall be subject to
all the duties, restrictions and liabilities set forth in all
general laws relating to railroads, except that the damages
of land owners shall be assessed only against, and shall be
paid by, said canal company, as in case of land taken for
railroad purposes. The canal company may thereupon
proceed to build the railroad upon the new location, and
may complete the same in such manner as may be pre-
scribed by the railroad commissioners and to their satis-
faction, in case the parties do not agree upon the same ;
and shall pay all damages caused by the construction of
said railroad upon such new location, and shall be liable for
such damages as in case of the construction of railroads.
Until the completion of the railroad upon the new location
said canal company shall not enter upon the old location
of said railroad except for making surveys or by consent

Acts, 1896. — Chap. 542. 575

of the Old Colony Railroad Company, or of the railroad
commissioners. Damages occasioned to the Old Colony Damages.
railroad by its compliance with the requirements of this
act may be recovered by it of the canal company, in the
manner provided by law for the recovery of damages
caused by the location and construction of railroads.

Sectiox 8. The Old Colony Eailioad Company shall J;°i°r''oid°coL.
have its location, not exceeding live rods in width, upon p^^oy-
any land owned or located upon by said canal company,
up to the said bridge or bridges on each side thereof:
providedy that all reasonable use of said location by the
said canal company for the purpose of operating its canal
and for highway purposes, and under the direction of the
railroad commissioners, shall be permitted by the railroad
company, without payment of rent.

Section 9. The Old Colony Railroad Company, upon Railroad com-
the completion and acceptance by the board of railroad cenai™ unused
commissioners of the newly constructed railroad and bridge '""'^®"^'^-
or bridges, as above-provided, may at its option take such
iron and other materials as may remain upon that portion
of the line of said railroad which is to be given up, and
shall allow or pay to the said canal company the value
thereof, such value to be determined by the county com-
missioners of the county of Barnstable in case the parties
do not agree upon the same.

Sectiox 10. Upon the completion and acceptance by the Titie to certain
board of railroad commissioners of the newly constructed v^stinthecanai
railroad and bridge or bridges as above-provided, the title •^""'P""^-
of said railroad company to the land covered by the old
location of said railroad, so far as the same is included
within the location made by said canal company, shall vest
in and become the property of said canal company.

Section 11. The canal company shall build and main- Bridge or
tain and keep in repair a bridge or bridges across said the clfnauo^be
canal, suitable for the passing of the railroad and highway "he'canaTcom-
traffic, as said joint board shall determine, which bridge or P^°y-
bridges shall have a suitable draw or draws for the passage
of vessels, and shall be constructed to the acceptance, and
shall be maintained under the supervision, of the board of
railroad commissioners. The Old Colony Railroad Com- Railroad com-
pany shall appoint a superintendent and all necessary rBupeHn.^^°'°
assistants for such bridge or bridges, who shall be paid by Pendent, etc.
said canal company a reasonable compensation, to be fixed
by the railroad commissioners. Said superintendent shall

576

Acts, 1896. — Chap. 542.

Penalty for
opening or
obstructing
Bwing or lift
bridge unlaw-
fully.

Penalty for
injury to
bridges, etc.

Ferries to be
provided, etc.

have full control and direction of the passing of vessels
through the draw and of trains over the bridge, and with
said assistants shall be subject to such rules and regula-
tions, not inconsistent with law, as said railroad and canal
company shall from time to time prescribe for the opera-
tion of said bridge ; but such rules and regulations shall
be subject to approval and alteration by the said board of
railroad commissioners. Said superintendent and assist-
ants shall be subject to removal by said board of railroad
commissioners. In case of injury to or of the destruction
of any railroad bridge over the canal the railroad com-
pany may repair or rebuild it, and recover the reasonable
expense thereof of the canal company in an action of
contract, unless such injury or destruction was caused
b}' the fault of the railroad company, in which case the
expense shall be borne by the railroad company.

Section 12. Whoever unnecessarily opens, shuts or
obstructs the swing or lift bridge without consent of the
superintendent in charge, or without such consent makes
fast or moors to, or being in charge thereof refuses to
unloose or unmoor any scow, raft or other vessel from any
of said bridges within wake of the draw or lift, shall pay
a fine of not less than three dollars or more than hfty
dollars for each offence, to be recovered for the benefit of
said canal company.

Section 13. Whoever wilfully injures or damages said
bridges, wharves or piers, or wilfully disturbs or hinders
the superintendent or his assistants in the discharge of
their duties, shall forfeit for each offence a sum not ex-
ceeding one hundred dollars, and shall be further liable
in damages to the canal company for each ofience, to be
recovered for the use of the canal company.

Section 14. The said canal company shall provide
and maintain in the town of Bourne, at such points as
may be designated by the county commissioners, suitable
ferries or bridges across the canal for passengers and
teams, to be operated free from tolls, under reasonable
rules to be established by the county commissioners,
except that the canal company shall not be required to
maintain a ferry if a highway bridge or tunnel shall be
built at or near any of said points. Said canal company
shall forfeit fifty dollars to the town of Bourne, or to the
town of Sandwich, as the case may be, for each day after
any highway is cut away in which said canal company

Acts, 1896. — Chap. 542. 577

shall fail to provide and maintain a ferry or other means
of crossing at the point where such highway is cut away,
to be recovered upon complaint or indictment in the county
of Barnstable, to the use of said town of Bourne, or of said
town of Sandwich, as the case may be.

Section 15. The said canal company shall also con- Highways, etc.,
struct such highways over its location to connect with the structed"'
bridge or bridges, tunnel or tunnels, and ferries herein
provided for, and such other highways as may be neces-
sary to replace the highways destroyed by the construction
of said canal, in such manner and at such times as the
county commissioners for the county of Barnstable and
selectmen of the town or towns in which said highways
are located shall prescribe. After the completion of such
highways, and their acceptance by the said county commis-
sioners, the said canal company shall not be responsible
in any manner for the further maintenance of the same,
except upon the location of said canal company.

Section 16. The said canal company shall, in case of j^iTA^o ^°'
any injury to any fishery, including oyster fisheries, pay fisheries.
to the owner thereof such damages as shall, upon the
application of either party, be estimated by the commis-
sioners on inland fisheries and game, in a manner similar,
so far as may be, to that provided in laying out highways,
and with a similar right of appeal to a jury by proceedings
like those provided for in section five of this act.

Section 17. The said canal company may establish Je^sleis^e""
for its sole benefit a toll upon all vessels or water craft of using c'auai.'
whatever description which may use its canal, at such
rates as the directors thereof may determine ; and may,
from time to time, regulate such use in all respects as tlie
directors may determine. Said corporation may also fur-
nish towage through said canal for all vessels or water
craft which require it, for which service it may establish
for its sole benefit such tolls or charges as the directors
thereof may determine.

Section 18. Whoever fraudulently evades or attempts renaityfor
to evade the payment of any toll or charge lawfully es- mrntoftoX
tablished under section seventeen of this act, either by ^''^'
misrepresenting the register or draught of any vessel or
otherwise, shall pay a fine of not less than five dollars
nor more than five hundred dollars, to be recovered for
the benefit of said canal company, and shall also be
answerable for damages to said canal company.

578

Acts, 1896. — Chap. 542.

Penalty for
obstructing
paesage of
veesels, etc.

CompenBation
of county com-
miBsiouerg.

Proviso.

Location of
canal subject to
taxation.

Canal to be
completed
within five
years.

To be void
unless deposit
is made with
the treasurer of
the Common-
wealth, etc.

Section 19. Whoever wilfully and maliciously ob-
structs the passing of any vessel or steam tug or other
water craft in said canal, or obstructs the approaches to
said canal within two thousand feet of either extremity
thereof, or in any way injures said canal or its banks,
bridge or bridges, breakwaters, docks, wharves, locks,
gates or other structures or works, lights, buoys, signals,
or anything appertaining thereto, or any materials or im-
plements for the construction or use thereof, or aids or
abets in such trespass or injuries, shall forfeit to the use
of the corporation, for each oflence, treble the amount of
damages proved to have been sustained thereby, to be
recovered in an action of tort in the name of the corpora-
tion, and may further be punished by a fine not exceeding
one thousand dollars or by imprisonment for a term not
exceeding one year.

Section 20. Said canal company shall pay each of the
county commissioners the sum of six dollars per day for
their services and expenses for the time actually consumed
in discharging their duties : providedy hoivever^ that said
canal company shall not be required to pay either of said
commissioners for more than fifty days' service in one
year. The said canal company shall further pay to the
towns of Bourne and Sandwich respectively, the sum of
five hundred dollars each, as an allowance for expenses
that may be incurred by said towns on account of said
canal company. Said sum shall be paid to said towns
within six months from the first day of December in the
year eighteen hundred and ninety-six.

Section 21. The towns of Sandwich and Bourne may
tax the land within the location of said canal to said canal
company, upon the assessed valuation of the land at the
time of the taking thereof by said company, and until the
canal is constructed thereon and is in actual operation.

Section 22. Said canal company shall commence the
construction of said canal within eight months from the
date of the passage of this act, and shall fully complete
and construct the same within five years from the date of
its passage.

Section 23, This act shall become null and void
unless said canal company shall, on or before the first
day of December in the year eighteen hundred and ninety-
six, and before any part of the canal shall have been con-
structed, deposit with the treasurer gf the Commoawealth

Acts, 1896. — Chap. 5^2. 579

the sum of two hundred thousand dollars in cash or in
United States government bonds, as security for the pay-
ment of all damages for the taking of land by said com-
pany ; which said money or bonds shall be subject to
attachment or levy upon any legal process issued in be-
half of any person against said company for the recovery
of damages for the taking of land.

Section 24. All persons whose lands shall be taken owners of land
under the location filed by said canal company under statement, etc.
section four of this act shall, within ninety days after
the filing of such location, file with the county commis-
sioners of the county of Barnstable a written statement
setting forth substantially the amount of land so taken,
and the amount of damages claimed by them respectively
for the taking thereof, and the county commissioners
shall thereupon, after giving to all parties interested such
notice as they shall deem sufiicient, determine and award
the amount of damages to which such persons are entitled.

Section 25. Any party dissatisfied with the award of fa^j'glfea'^with
the county commissioners may, at anytime within one ^'^'"••i f""" t*"™-
year after the date of such award, apply by petition to for a jury, etc.
the superior court of the county of Barnstable for a jury
to assess the damages, and like proceedings shall be had
therein as in proceedings for damages for laying out rail-
roads. The treasurer of the Commonwealth is hereby
empowered and directed, upon the filing with him of a
certified copy of the final decree as appears of record in
any such proceeding, to pay to the parties appearing by
such decree to be entitled thereto, or their legal rej^re-
sentatives, the sum of money set forth in said decree.

Section 26. The treasurer of the Commonwealth, for Treasurer may

, T /. • T /• J 1 J /• 1 use deijosit in

the purpose oi providmg tor the payment ot such sums payment of
of money as he may l)e required to pay under sections '*'""'*8®^'
twenty-four and twenty-five of this act, is hereby empow-
ered and authorized to sell and dispose of at public auction
such amounts of United States bonds, deposited with him
under section twenty-three of this act, as may be necessary
for that purpose.

Section 27. Said canal company shall file with the copy of claims
treasurer of the Commonwealth a certified copy of all be'^melTbl^th"
claims filed with the county commissioners under section '"'°^' company.
twenty-four of this act, and the said treasurer shall there-
upon compare such list of claims with his records of pay-
ments made under sections twenty-four and twenty-five

580 Acts, 1896. — Chaps. 543, 544.

of this act, and if it shall appear by his records that all
of such claims have been paid, he shall thereupon pay
over to said canal company the remainder of the cash or
bonds deposited with him under section twenty-three of
this act.

Section 28. This act shall take effect upon its passage.

Approved June 9, 1896.

ChapMS

An Act relative to the allen gymnasium company.
Be it enacted, etc., as follorus :

Sl^"bi reduced Section 1. The Allcu Gymuasium Company, a cor-
etc. ' poration organized under the provisions of chapter one

hundred and fifteen of the Public Statutes, may, at a
meeting called for the purposes, reduce the amount of its
capital stock and the number of shares therein, or change
Proviso. |.|jg pg^j. value of its shares : provided^ that a certificate of

such change shall within ten days thereafter be made,
signed and sworn to by its president, treasurer and a
majority of its directors, and be filed in the office of the
secretary of the Commonwealth.

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

Approved June 9, 1S96.

Chap.544:

An Act relative to the use of streets by corporations.
Be it enacted, etc., asfolloivs:

Ttiiended ^ ^^' Section 1. Sectiou seventy-five of chapter one hun-
dred and six of the Public Statutes is hereby amended by
inserting after the word "companies", in the first line,
the words : — corporations organized for the purpose of
transporting the United States mail, merchandise and
other articles by means of pneumatic pressure or power, —

Certain cor- go as to read as follows : — Section 75. Gas light com-

porationB may . • i j- ^i e j.

dig up etreetB, panics, corporations organized tor the purpose ot trans-
porting the United States mail, merchandise and other
articles by means of pneumatic pressure or power, and
corporations organized for either or both of the purposes
mentioned in section eleven, may, with the consent in
writing of the mayor and aldermen of a city or the select-
men of a town, dig up and open the grounds in any of the
streets, lanes, and highways thereof, so far as is necessary
to accomplish the objects of the corporation ; but such
consent shall not affect the right or remedy to recover
damages for an injury caused to persons or property by

etc

Acts, 1896. — Chap. 644. 681

the doings of such corporations. They shall put all such
streets, lanes, and highways which are opened, into as good
repair as they were in when opened ; and upon failure so
to do within a reasonable time, shall be deemed guilty of
a nuisance.

Section 2. Section seventy-six of chapter one hun- p. s. loe, § 76,
dred and six of the Public Statutes is hereby amended by ''™'^° ^
striking out in the second line of said section, the words
"a gas company", and inserting in place thereof the
words : — any gas light company, or of any corporation
organized for the purpose of transporting the United
States mail, merchandise or other articles by means of
pneumatic pressure or power, or of any corporation
organized for either or both of the purposes mentioned in
section eleven, — also by striking out the words " the gas
company ", in line seven of said section, and the words
"such company", in line eight, and also in line nine of
said section, and inserting, in each instance, in place of
the words so stricken out, the words : — said company or
corporation, — so as to read as follows : — /Section 76. Liability for
When a party injured in his person or property by a persons or
defect in a highway, caused by the operations of any gas ^''^p^'^^'
light company, or of any corporation organized for the
purpose of transporting the United States mail, merchan-
dise or other articles by means of pneumatic pressure or
power, or of any corporation organized for either or both
of the purposes mentioned in section eleven in laying down
or repairing its pipes or otherwise obstructing such way,
recovers damages therefor of the place wherein such injury
is received, such place shall, in addition to the damages so
recovered against it, be entitled to recover all the taxable
costs of the plaintiff and defendant in the same action, in
a suit brought against said company or corporation, if said
company or corporation is liable for said damages, and if
reasonable notice is given by such place to said company
or corporation, so that it may defend the original action.

Section 3. All issues of stock and bonds under the issues of stock
provisions of this act shall be subject to the approval and "° ''°'"**' ^'"'
certification of the board of gas and electric light commis-
sioners, in the manner provided in chapter four hundred
and fifty of the acts of the year eighteen hundred and
ninety-four.

Section 4. This act shall take efiect upon its passage.

Apiiroved June .9, 1896.

582

Acts, 1896. — Chap. 545.

Interior finish
of Memorial

ChCirj.54:5 ^^ ^CT to provide for the INTERIOR FINISH OF MEMORIAL HALL

IN THE STATE HOUSE EXTENSION.

Be it enacted, etc., as follows:

Section 1. To provide for the interior finishing of
Memorial Hall, and the approaches thereto, in the state
house extension, so-called, the treasurer and receiver gen-
eral is hereby authorized, with the approval of the governor
and council, to issue scrip or certificates of indebtedness
to an amount not exceeding two hundred and fifty thousand
dollars, for a term not exceeding twenty years, the same
to be in addition to the state house construction loan
authorized by chapter three hundred and ninety-four of
the acts of the year eighteen hundred and eighty-nine, and
chapter four hundred and ninety of the acts of the year
eighteen hundred and ninety-five. Said scrip or certifi-
cates of indebtedness shall be issued as registered bonds or
with interest coupons attached, and shall bear interest at a
rate not exceeding four percent, per annum, payable semi-
annually on the first days of April and October in each
year, shall be redeemable at maturity in the gold coin of
the United States or its equivalent, shall be designated on
the face thereof. State House Construction Loan, shall be
countersigned by the governor, and shall be deemed a
pledge of the faith and credit of the Commonwealth ; and
said scrip or certificates of indebtedness shall be sold in
such instalments as the governor and council may deter-
mine, by public advertisement to the lowest bidder, at not
less than the par value thereof, or in such other manner as
the governor and council may determine to be for the best
interest of the Commonwealth. The sinking fund estab-
lished by chapter three hundred and ninety-four of the acts
of the year eighteen hundred and eighty-nine, as extended
by chapter thirty -nine of the acts of the year eighteen hun-
dred and ninety-five, shall also be maintained for the pur-
pose of extinguishing bonds issued under the authority of
this act, and the treasurer and receiver general shall ap-
portion thereto from year to year an amount sufficient
with the accumulations of said fund to extinguish at
maturity the debt incurred by said bonds. The amount
necessary to meet the annual sinking fund requirements
and to pay the interest on said bonds shall be included in
and be made a part of the annual state tax levy, and any pre-
mium over the par value of said bonds received from the

state House
Construction
Loan.

Sinking fund.

Acts, 1896. — Chap. 546. 583

sale thereof shall form part of the sinking fund for their
redemption.

Section 2. The state house construction commission- DrawingB, etc.,
ers shall submit detailed drawings of the proposed interior appro'vVi^of
finish of Memorial Hall to the governor and council, who, coundret".'^
before their approval of the same, shall be satisfied that
the plan for the interior finishing can be carried out for the
sum herein authorized.

Section 3. This act shall take effect upon its passage.

Ajiproved June 9, 1896.

An Act relative to the licensing of engineers and firemen f^Jjfjj^ ^ii(\
OF stationary engines. ^ **

Be it enacted, etc., as follows:

Section 1. It shall be unlawful for any person to have Persons in
charge of, or to operate a steam boiler or engine in this Com- t'ain'^fteara'""^"
monwealth (except locomotive boilers and engines, boilers be'ifceMtd!' *"
in private residences, boilers under the jurisdiction of the
United States, boilers used for agricultural purposes ex-
clusively, boilers of less than eight horse power, and
boilers used for heating purposes only, provided with a
device approved by the chief of the district police limiting
the pressure caiTied to fifteen pounds to the square inch) ,
unless he holds a license as hereinafter provided ; and it
shall be unlawful for any owner or user of any steam
boiler or engine (other than those above excepted) to
operate or caused to be operated a steam boiler or engine,
for a period of more than one week, without a duly
licensed engineer or fireman in charge : provided, however,
that every person who has been employed continuously as
a steam engineer in this Commonwealth for the period of
five years next prior to the passage of this act, and who
files with his application a certificate of such fact under
oath, accompanied by a statement from his employer or
employers verifying the same fact, shall be entitled to a
license without further examination.

Section 2. Any person desiring to act as an engineer Granting of

n 1111 1' i^- c 1' , 1 licenses, ete.

or fireman, shall make application tor a license to so act
to an examiner of engineers, upon blanks to be furnished
by the examiner, and if upon examination the applicant
is found trustworthy and competent, a license shall be
granted to him. Such license shall continue in force for
three years, unless for a sufficient cause, affecting the

584 Acts, 1896. — Chap. 546.

trustworthiness or competency of the person licensed, and
after a hearing, the same is sooner revoked ; and the said
license unless so revoked shall at the end of said three
years be renewed by an examiner of engineers, upon ap-
plication, and without examination.

Applications. Section 3. All appHcatious for licenses shall be ac-
companied by a fee of one dollar, and a like sum shall be
paid for all renewals of licenses. All fees so paid shall
be accounted for by the examiners to the chief of the
district police, who shall return the same monthly to the
treasurer of the Commonwealth.

Examiners, etc. Section 4. The members of the boiler inspection de-
partment of the district police shall act as examiners, and
shall enforce the provisions of this act, and the governor
of the Commonwealth is authorized to appoint two addi-
tional inspectors to act as examiners of engineers, under
this act, at an annual salary of fifteen hundred dollars and
their actual travelling and necessary expenses.

faaBfiedmay SECTION 5. Any pcrson dissatisfied with the action of

appeal, etc. any examiucr in refusing or revoking a license, may ap-
peal from his decision to the five other examiners, who
shall together act as a board of appeal, and a majority of
whom shall have power to hear the parties and pass upon
the subjects of appeal. The decision of said majority*
of the remaininof examiners so acting; shall be final, if
approved by the chief of the district police.

fo^notlfied'^*^ Section 6. It shall be the duty of the examiners to

by examiners, notify cvcry persou whose names and addresses are
known to them, and who will require licenses under the
provisions of this act, to apply for said licenses, and to
give such persons a reasonable opportunity to be examined
within the city or town where they reside or are employed.

Penalty. Section 7. Whocvcr intentionally violates the provi-

sions of section one of this act shall be punished by fine
not exceeding three hundred dollars, or by imprisonment
not exceeding three months.

Repeal, etc. Section 8. All acts or pai"ts of acts inconsistent here-

with are hereby repealed. The provisions of this act, so
far as they are the same as those of chapter four hundred
and seventy-one of the acts of the year eighteen hundred
and ninety-five, shall be construed as a continuation of
that chapter and not as new enactments.

Section 9. This act shall take efiect upon its passage.

Approved June 9, 1S96.

Acts, 1896. — Chap. 547.

585

ChapMl

An Act relative to registration in the city of boston.
Be it enacted, etc., as foUoivs :

Section 1. The board of election commissioners of ^g^g^auon
the city of Boston shall cause to be prepared books for the B°'8ton ''etc
registration required by section six of chapter four hun-
dred and forty-nine of the acts of the year eighteen hundred
and ninety-hve, as amended by chapter three hundred and
sixty-three of the acts of the year eighteen hundred and
ninety-six, to be made of the qualified male voters of said
city l^etvveen the fifteenth day of June and the first day of
October in the year eighteen hundred and ninety-six and
in every tenth year thereafter. And said board shall pro-
vide books for the registration of the qualified male voters
registered between the years in which a new registration
is made as provided by said chapter four hundred and
forty-nine, as amended by chapter three hundred and sixty-
three of the acts of the year eighteen hundred and ninety-
six. Said books shall be known as registers and shall be
so arranged as to admit of the entering under the name of
each street or avenue in the precinct and the number of
each dwelling in any such street or avenue, if there be a
number thereto, and if there be no number, under such
other definite description of the location of the dwelling
place as shall enable it to be readily ascertained, found
and located, of the names of all male persons resident in
each dwelling in each of said precincts who shall apply
for registration. Such register shall be ruled in parallel
columns in which opposite to and against the name of
every applicant shall be entered the words and figures
hereinafter provided in this chapter, and shall on the inside
be in form substantially as follows : —

.Street.

Form of
register.

o

p.

Term op
Residence.

3
o

J3

P.

Personal
Description.

O.

<

Fl

u
3

a

a

0)

>>

■a
1

.2

a
ft

o
"S .

O

Oh
o

is

a 3

O O CrH

03

S

O

^

l.'O

Q

!s

!zi

02

CB

O

O

CLi

cu

o

O

<1

w

Oh

586 Acts, 1896. — Chap. 547.

^grstradonu)'' Section 2. At the times fixed by law when voters
efc!^''™'"^^' ™^y ^^ registered, said board or its deputies shall then
examine each applicant under oath as to his qualifications
as a voter, and unless otherwise provided herein shall
immediately and in the presence of the applicant enter in
the registers, to be made and furnished as provided in this
act, the statements below set forth and in the manner
following, namely : —

First, Under the column headed " Date of Application",
the month, day and year when the applicant presented
' himself and was adjudged a qualified voter.

Second, Under the column headed " No. of Residence
or other Designation, May 1, 1896", the name and num-
ber of the street, avenue or other location of the dwelling,
if there is a number, or if there is no number such clear
and definite description of the place of said dwelling as
shall enable it to be readily ascertained, fixed and deter-
mined ; in case there is more than one house at the num-
ber given by the applicant as his place of residence, in
which house he resides, and if there is more than one
family residing in said house, he shall state the floor on
which he resides.

Third, Under the column headed "Name", the name
of the applicant, giving in full the surname and the Chris-
tian name or the name by which he is generally known,
and the initial of every other name which he may have ; but
the names of all voters residing- in the same dwelling shall
follow each other and shall be under the street and house
number or other description, as provided, of the dwelling.

Fourth, Under the column headed "Signature", the
applicant shall be required to write his name on a line
with the statements as herein set forth.

Fifth, Under the subdivisions of the general column
headed " Term of Residence", the periods by months or
years stated hy the applicant in response to the inquiries
made for the purpose of ascertaining his qualification and
filling such column.

Sixth, Under the columns headed "Occupation", and
"Place of Occupation ", a statement giving these facts
in full.

Seventh, Under the column headed " Place of Birth",
the city or town, county and state, country, kingdom,
empire or domain, as the fact may be, Avhere he was born,
shall be stated by the applicant.

Acts, 1896. — Chap. 547. 587

Eighth, Under the column headed " Court", the desig-
nation of the court in which, if the applicant is natural-
ized, such naturalization was had as the same appears by
the evidence of citizenship submitted or presented by the
applicant in compliance with the requirements of this act.

Ninth, Under the column headed "Date of Papers",
the date of naturalization, if the applicant is naturalized,
as the same appears by the evidence of citizenship sub-
mitted or presented by the applicant in compliance with
the requirements of this act.

Tenth, Under the column headed "Personal Descrip-
tion", a statement containing the age, approximate height
and weight of the applicant.

Eleventh, Under the column headed "Present Resi-
dence", a statement containing the residence of the ap-
plicant at the date of registration.

Section 3. The name of no person shall at anytime voters desiring
be entered upon said register unless the voter shall per- apiK-ar^peV'*
sonally appear before said board or one of its dc})uties, """""y* '*'''^-
and be duly qualified according to the requirements of
law. Such list when completed shall constitute and be
known as the general register of the qualified voters of
said city. It shall be the duty of every naturalized citi-
zen before being registered to produce to said board or
to its duly qualified deputies, his naturalization papers, or
a certified copy of the court record thereof, for their in-
spection, and to make oath before them that he is the
person purporting to l)e naturalized by the papers so
produced, and any person knowingly taking a false oath
before said board or before any of its members or deputies
shall be deemed guilty of perjury. If at any time i)rior
to the day of election said ])oard shall be satisfied that any
person otherwise eligible as a voter in said city has by
mistake been registered in the wrong precinct and is
entitled to be registered in another precinct in the same
ward, they shall, after a hearing, strike his name from the
register of the first precinct and enter the same on the
register of such other precinct, with a memorandum of
such removal.

Section 4. At the close of registration in the year usts of voters
eighteen hundred and ninety-six said board shall cause to p"re^c*iuci",*etc^
be made, by precincts, lists of the qualified voters of said
city of such size as to contain not less than two hundred
names each and so prepared that they may be used at each

588

Acts, 1896. — Chap. 547.

election in said city, in the following form, and shall enter
therein the names of the persons registered under the head
of the streets or avenues in which they reside, their place
of residence, in numerical order, length of time of resi-
dence in the state, in the city and in the ward ; and in
the column headed "Personal Description", their age,
approximate height and weight. Such lists shall be in
form substantially as follows : —

Form of Hats.

Name of street or avenue.

Name.

Residence,

Number or other

Designation

May 1, 1896.

Term op Resi-
dence.

Personal De-
scription.

6

s

■a

<

3

a

be

Lists to be
certltied, etc.

Copies of pre-
cinct lists to be
distributed, etc.

Section 5. Each of said lists when completed shall
be signed and certified by said board and shall be pre-
served by them for use on the day of election, by the
election officers, as a check list in their respective pre-
cincts, and every person upon applying to vote shall be
required to write his name in a book prepared for the
purpose, upon request of any election officer, except that
a voter who declares under oath to the presiding officer
that he was a voter before the first day of May in the year
eighteen hundred and fifty-seven and cannot read or write,
or who declares that by blindness or other physical dis-
ability he is unable to write his name, shall be exempt
from the provisions of this section. No check list shall
be used in any precinct at any election except the lists
prepared in accordance with the provisions of this act.

Section 6. Said board shall prepare in pamphlet form,
at least one week prior to the annual state and city elec-
tion, not less than fifty copies of said lists of each pre-
cinct, omitting therefrom everything except the name and
residence of the qualified voters of said precinct, and,
prior to the day of each election, said copies shall be dis-
tributed in such manner as said board may determine.
Said board shall also, not earlier than five o'clock in the
afternoon on the day before each election, distribute to

Acts, 1896. — Chap. 548. 589

the officers of the two principal political committees each
fifteen copies of each precinct list as prepared for use as
check lists at the polls.

Section 7. Any person who gives false answers to Penalty for
any of the questions asked by the said board or by its InVwIr.Vtc.
deputies under the authority of this act, or who attempts
to register illegally or under an assumed name, or under
the name of any other person than himself, or who votes
or attempts to vote upon the name of any other person
than himself upon election day, shall be punished by im-
prisonment in the state prison for not more than three
years, or in the house of correction for not less than six
months.

Section 8. It shall be the duty of every election ofiicer Duties of
in said city to enforce upon election day the requirements
of this act and of all other statutes relating to elections,
and any election officer knowingly permitting or aiding in
any violation of said requirements shall be punished by
imprisonment in the state prison for not more than three
years, or in the house of correction for not less than six
months.

Section 9. Chapter four hundred and twenty-five of Repeal, etc.
the acts of the year eighteen hundred and ninety-five and
all acts and parts of acts so far as they are inconsistent
with the provisions of this act are hereby repealed ; and
all ordinances and parts of ordinances of said city so far
as they are inconsistent with the provisions of this act are
hereby annulled ; and said city shall not appoint any officer
or pass any ordinance inconsistent with the provisions of
this act. The provisions of this act shall not be construed
to apply to any person exempt from the operation thereof
under the constitution or amendments thereto.

Section 10. This act shall take effect upon its passage.

Approved June 9, 1896.

ChapMS

An Act makixg appropriations for expenses authorized i:y

THE present legislature AND FOR CERTAIN OTHER EXPENSES
AUTHORIZED BY LAW.

Be it enacted^ etc., as follows:

Section 1 . The sums hereinafter mentioned are appro- AppropriationB.
priated, to be paid out of the treasury of the Common-
wealth from the ordinary revenue, for the purposes specified
in certain acts and resolves of the present year, and for
certain other expenses authorized by law, to wit : —

590

Acts, 1896. — Chap. 548.

Ballot law
commisBioii.

Worcester Poly,
technic loBti-
tute.

State pension
agent.

Supplement to
Public Statutes.

School attend-
ance and
truancy.

Massachusetts
Charitable Eye
and Ear Infirm-
ary.

Massachusetts

Agricultural

College.

Exercises com-
memorative of
Governor
Greenhalge.

Common-
wealth's flats in
South Boston.

For compensation and expenses of the state ])allot law
commission, as authorized by chapter three hundred and
eighty-three of the acts of the present year, a sum not
exceeding five hundred doUars, the same to be in addition
to the amounts appropriated by chapter forty-two of the
acts of the present year.

For scholarships at the Worcester Polytechnic Institute,
as authorized by chapter four hundred and seven of the
acts of the present year, the sum of three thousand
dollars.

For clerical assistance, traveling expenses and other
necessary expenses of the state pension agent, a sum not
exceeding five hundred dollars, the same to be in addition
to the amount appropriated for the same purpose by chap-
ter thirty-four of the acts of the present year.

For expenses in connection with the preparation and
pul)lication of a second supplement to the Public Statutes,
as authorized by chapter three hundred and sixty-three of
the acts of the year eighteen hundred and ninety-five, a
sum not exceeding ten thousand dollars, the same to be in
addition to the five thousand dollars appropriated by chap-
ter four hundred and seventy-three of the acts of the year
eighteen hundred and ninety-five.

For expenses in connection with a plan for carrying
into execution the recommendations of the state board of
education relative to school attendance and truancy, as
authorized by chapter ninety-six of the resolves of the
present year, a sum not exceeding five hundred dollars.

For the construction of a new hospital l)uilding for
the Massachusetts Charitable Eye and Ear Infirmary, as
authorized by chapter ninety-seven of the resolves of the
present year, a sum not exceeding fifty thousand dollars.

For certain repairs and improvements and for the pur-
chase of land at the Massachusetts Agricultural College,
as authorized by chapter ninety-eight of the resolves of
the present year, a sum not exceeding thirteen thousand
nine hundred dollars.

For publishing a report of the public exercises com-
memorative of Frederic T. Greenhalge, late governor of
the Commonwealth, as authorized by chapter ninety-nine
of the resolves of the present year, a sum not exceeding
one thousand dollars.

For the further improvement of the Commonwealth's
flats at South Boston, as authorized by chapter four hun-

Acts, 1896. — Chap. 548. 591

dred and forty-two of the acts of the present year, a sum
not exceeding fifty thousand dollars.

For expenses in connection with the protection of the vaiieye of
public health in the valleys of the Concord and Sudbury sudbury 'rivers.
rivers, as authorized by chapter four hundred and forty-
six of the acts of the present year, a sum not exceeding
three thousand dollars, the same to ])e in addition to the
unexpended balance of the sum appropriated under chapter
four hundred and ninety-two of the acts of the year eight-
een hundred and ninety-four.

For the payment of expenses in connection with the Boundary lines,
establishment of the boundary lines between the Common- ^^'^'
wealth of Massachusetts and the states of New Hampshire
and Vermont, as authorized by chapter one hundred and
two of the resolves of the present year, a sum not exceed-
ing five thousand dollars.

For Elijah Smith of Easton, as authorized by chapter Elijah smith.
one hundred and three of the resolves of the present year,
the sum of one hundred dollars.

For John H, Lamson, as authorized by chapter one hun- JohnH.
dred and four of the resolves of the present year, the sum
of one hundred and thirty-five dollars.

For James N. Tolman, as authorized by chapter one James n.toi-
hundred and five of the resolves of the present year, the
sum of six hundred dollars, payable to him monthly out
of the treasury of the Commonwealth, and, in case of his
death, the same sum per month to his widow.

For Ellis R. Holbrook, as authorized by chapter one Eiiis r. hoi-
huudred and six of the resolves of the present year, the '"^'"*'^*
sum of one hundred and twenty-five dollars.

For necessary expenses, including postage, stationery state military
and other expenses, of the state military and naval his- historian.
torian, a sum not exceeding two hundred dollars, the same
to be in addition to the amount authorized by chapter
eighty-eight of the acts of the present year.

For expenses of sunmioning witnesses before com- witnesses
mittees of the present legislature, and for fees of such uturcom.*
witnesses, a sura not exceeding two hundred dollars, ™>"«^^-
the same to be in addition to the amount appropriated by
chapter one of the acts of the present year.

For authorized expenses of committees of the present ^0^^^^°^^^°^
legislature, to include clerical assistance, stenographers
and counsel fees to committees authorized to employ the
same, a sum not exceeding fifteen thousand dollars, the

592

Acts, 1896. — Chap. 548.

William
Gibbons.

Sylvester W.
Kusaell.

Olive A.
Churchill.

Giles R.
Alexander.

ComsiiBBion on
revising laws
relating to
taxation.

Forms of
pleadings in
criminal cases.

Fish hatchery
in western part
of the Com-
monwealth.

Bounty to
certain veterans
ill Bridgewater.

Attorney-
general.

same to be in addition to the amount appropriated by
chapter one of the acts of the present year.

For William Gibbons, as authorized by chapter one
hundred and seven of the resolves of the present year,
the sum of one hundred and twenty-five dollars.

For Sylvester W. Kussell, as authorized by chapter
one hundred and eight of the resolves of the present
year, the sum of one hundred dollars.

For Olive A. Churchill, widow of S. Sylvester Church-
ill, as authorized by chapter one hundred and nine of
the resolves of the present year, the sum of one hundred
dollars.

For Giles R. Alexander, as authorized by chapter one
hundred and ten of the resolves of the present year, the
sum of one hundred and sixty dollars.

For the expenses of a commission to inquire into the
expediency of revising and amending the laws of the Com-
monwealth relating to taxation, as authorized by chapter
one hundred and eleven of the resolves of the present
year, a sum not exceeding five thousand dollars.

For expenses in connection with the preparation of the
schedule of forms of pleadings in criminal cases, as
authorized by chapter one hundred and thirteen of the
resolves of the present year, a sum not exceeding one
thousand dollars.

For the establishment of a fish hatchery in the western
part of the Commonwealth, as authorized l)y chapter one
hundred and fourteen of the resolves of the present year,
a sum not exceeding three thousand dollars.

For Charles W. AVilbur, the sum of one hundred and
sixty dollars ; for Marcus Holmes, the sum of one hun-
dred and sixty dollars ; for Freeman Holmes, the sum of
one hundred and sixty dollars ; for Charles E. Porcheron,
the sum of one hundred and sixty dollars ; for Cornelius
B. Holmes, the sum of one hundred and sixty dollars ;
for William Holmes, the sum of one hundred and sixty
dollars ; for Preston Hooper, the sum of one hundred
and sixty dollars ; for Francis E. Allen, the sum of one
hundred and sixty dollars ; for George F. Dunbar, the
sum of one hundred and sixty dollars ; all of which is
authorized by chapter one hundred and fifteen of the
resolves of the present year.

For the payment of expenses to carry out the act rela-
tive to the duties and authority of the attorney-general,

Acts, 1896. — Chap. 548. 593

as provided for by chapter four hundred and ninety of
the acts of the present year, a sum not exceeding thirty
thousand dollars.

To enable cities and towns to use the McTammany McTammany
voting machines in state, city and town elections, as chines ™^"
authorized by chapter four hundred and ninety-eight of
the acts of the present year, a sum not exceeding twelve
thousand five hundred dollars.

For Andrew J. Morton, as authorized by chapter one Andrew j.
hundred and sixteen of the resolves of the present year,
the sum of one thousand dollars.

For Edwin A. Andrews, the sum of three hundred and ^e°rtain^vrteran8
sixty dollars; for Elizabeth J. Barron, Bertha M. Arm- ioMeirose.
strong, heirs at law of Henry Barron, the sum of five
hundred and forty-seven dollars and fifty cents ; for
Eleanor Batchelder, William B. Batchelder, heirs at law
of George W. Batchelder, the sum of four hundred and
thirty-four dollars ; for Abbie A. Chandler, Frank A.
Chandler, Herbert W. Chandler, Henry I. Chandler, heirs
at law of Ros well W. Chandler, the sum of one hundred and
eighty dollars ; for Jacob M. Ellis, the sum of four hundred
and fifty-seven dollars and fifty cents ; for John C. Grover,
the sum of three hundred and fifty-six dollars ; for Henry
H. Jones, the sum of three hundred and sixty dollars ;
for Cushing W. Littlefield, the sum of one hundred and
eighty-six dollars ; for Sherman Lynde, the sum of five
hundred and fifty-eight dollars ; for James Macey, the
sum of three hundred and sixty-three dollars ; for Horace
E. Morse, sole heir at law of George J. Morse, the sum
of five hundred and thirty-five dollars ; for Thomas J.
Munn, the sum of three hundred and sixty dollars ; for
Torrey Peabody, Jr., the sum of five hundred and thirty-
two dollars and fifty cents ; for Daniel S. Pratt, the sum
of three hundred and sixty dollars ; for Albert F. Shelton,
the sum of one hundred and seventy-nine dollars ; for
Hannah G. Simonds, sole heir of Joseph R. Simonds, the
sum of five hundred and forty dollars ; for Samuel
Sprague, Jr., the sum of three hundred and seventy-two
dollars ; for Thomas B. Stantial, the sum of one hundred
and forty-nine dollars ; for Sarah E. Stilphen, Elva F.
Stilphen, Florence A. Stilphen, heirs at law of John E.
Stilphen, the sum of five hundred and sixty-four dollars ;
for George A. Tainter, the sum of three hundred and ten
dollars ; for Edward H. Whitney, the sum of three hun-

594 Acts, 1896. — Chap. 548.

died and sixty-one dollars ; for William Wyman, the sum
of three hundred and twenty-six dollars and sixty-seven
cents ; all of which is authorized by chapter one hundred
and seventeen of the resolves of the present year.

fjJhTT^^^^ To provide for the purchase of additional property for
the Lyman school for boys, as authorized by chapter one
hundred and eighteen of the resolves of the present year,
a sum not exceeding eighty-five hundred dollars.

Samuel F. ^o providc for placing in the state house a bust of

Samuel F. Smith, author of the hymn "America", as
authorized by chapter one hundred and nineteen of the
resolves of the present year, a sum not exceeding one
thousand dollars.

bruf/roa!r8° °^ ^^^ expenses in connection with aiding towns in the
construction and maintenance of better roads, as author-
ized by chapter five hundred and thirteen of the acts of
the present year, a sum not exceeding twelve thousand
dollars.

^ertSn^ veterans For Chcstcr W. Grccu, the sum of one hundred and

in Bioneham. tweuty-fivc dollars ; for Henry Howard, the sum of one
hundred and twenty-five dollars ; for John E. La Claire,
the sum of one hundred and twenty-five dollars ; for Jason
D. Washburn, the sum of one hundred and twenty-five
dollars ; for Peter Nolon, the sum of one hundred and
twenty-five dollars ; for Leonard F. Green, the sum of one
hundred and twenty-five dollars ; for Hummington Porter,
the sum of one hundred and twenty-five dollars ; for
Edward McGrady, the sum of one hundred and twenty-
five dollars ; for James H. Broughton, the sum of one
hundred and twenty-five dollars ; for William O. Ward,
the sum of one hundred and twenty-five dollars ; for
Charles L. Nash, the sum of one hundred and twenty-five
dollars ; for Oliver L. Childs, the sum of one hundred and
twenty-five dollars ; for William H. Burdick, the sum of
one hundred and twenty-five dollars ; for Solon A. Bryant,
the sum of one hundred and twenty-five dollars ; for
Samuel Berry, Jr., the sum of one hundred and twenty-
five dollars ; for Albert Jenkins, the sum of one hundred
and twenty-five dollars ; for Benjamin W. Jones, the sum
of one hundred and twenty-five dollars ; for Thomas
Kelley, the sum of one hundred and twenty-five dollars ;
for Samuel I. Dodge, the sum of one hundred and twenty-
five dollars ; for Augustus F. Stevens, the sum of one
hundred and twenty-five dollars ; for David H. Tilton,

Acts, 1896. — Chap. 549. 595

the sum of one hundred and twenty-five dollars ; for Eben
B. Lawrence, the sum of one hundred and twenty-five
dollars ; for Benjamin J. Burdick, the sum of one hun-
dred and twenty-five dollars ; for George W. Young, the
sum of one hundred and twenty-five dollars ; for William
H. Marden, the sum of one hundred and twenty-five dol-
lars ; for Nathan M. Walton, the sum of one hundred and
twenty-five dollars ; for Henry Poor, the sum of one hun-
dred and twenty-five dollars ; for Andrew J. Greene, the
sum of one hundred and twenty-five dollars ; for George
W. Marsh, the sum of one hundred and twenty-five dol-
lars ; for Edward W. Blandin, the sum of one hundred and
twenty-five dollars ; for John E. Frederick, the sum of
one hundred and twenty-five dollars ; all of which is
authorized l)y chapter one hundred and twenty of the
resolves of the present year.

For Calvin Francis Harlow, the sum of one hundred HarYow!^'*'"''^
and twenty-five dollars, as authorized by chapter one hun-
dred and twenty-one of the resolves of the present year.

To provide temporary accommodations for the senate Accommo-
and its officers in that part of the recent addition to the 8en'a°te%t'J.
state house which is known as the Bryant addition, as
authorized by chapter one hundred and twenty-four of the
resolves of the present year, a sum not exceeding ten
thousand dollars.

For the salaries and traveling expenses of two additional j^igifc^jfof
associate justices of the superior court, as authorized by "uperior court.
an act of the present year, a sum not exceeding four
thousand dollars.

For salaries and expenses of the two additional inspec- Examiners of
tors in the department of the district police, to act as '^°^'°''®"'
examiners of engineers, as provided for in an act passed
the present year, entitled "An Act relative to the licens-
ing of engineers and firemen of stationary engines ", a
sum not exceeding twenty-five hundred dollars.

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

Approved June 9, 1896.

ChapM9

An Act to provide for furnishing the uryant addition,
so-called, of the state house extension.

Be it enacted, etc., as follows:

Section 1 . The state house construction commission- Furnishing of
ers are hereby authorized to properly provide the rooms fjltatl house?"

596 Acts, 1896. — Chap. 550.

iu the Bryant addition, so-called, of the extension of the
state house, with shelving, cases and all necessary furni-
ture and fittings, ready for occupancy by the various
departments to which they have been or may l)e assigned,
and for such purpose may expend a sum not exceeding
two hundred thousand dollars.
^ate^housV'"™ Section 2. All expenses incurred under this act shall
loans. i^g paid from the state house loan of nineteen hundred and

one, authorized by chapter three hundred and forty-nine
of the acts of the year eighteen hundred and eighty-eight,
chapter three hundred of the acts of the year eighteen
hundred and eighty-nine, chapter four hundred and thirty-
eight of the acts of the year eighteen hundred and ninety-
two, and chapter five hundred and thirty-two of the acts
of the year eighteen hundred and ninety-four.

Section 3. This act shall take eliect upon its passage.

Approved June 9, 1896.

Chart 550 -^^ -^^^ relative to the metropolitan parks and houlevards.

Be it enacted, etc. , as folloivs :
Taking of lauds, Section 1. The metropolitan park commission shall,

6tc- bv nictro-

poiitan park prior to the first day of January in the year nineteen hun-
dred, take all the lands which it is authorized to take, and
shall lay out and construct all the parks, reservations,
boulevards and other works which it is authorized to lay
out and to construct, and the treasurer of the Common-
wealth shall pay from the proceeds of the loans authorized
for the purpose of meeting the expense of taking said
lands, of laying out said parks and reservations and of
constructing said boulevards and other works, or from the
proceeds of any of said loans, all moneys required prior to
and including the first day of January in the year eighteen
hundred and ninety-six to and including said first day of
January in the year nineteen hundred, to meet the interest
and sinking fund requirements for said loans as estimated
by said treasurer and to meet the cost of maintenance and
operation of said parks, reservations, boulevards and other
works as annually authorized by the legislature, and to
meet such amount as has heretofore been paid from the
treasury of the Commonwealth for such cost.
foTeTermhfe''" Section 2. The suprcmc judicial court sitting in equity
proportion to be j^hall in the vcar nineteen hundred, and in every fifth year

paid by cities , ^ ,.. /'•i •• r

and towns. thereattcr, on the application ot said commissioners or oi

Acts, 1896. — Chap. 550. 597

the attorney of either of the cities or towns in the metro-
politan parks district, and after notice to each of said
cities and towns, appoint three commissioners, neither of
whom shall be a resident of either of said cities and towns,
who shall, after such notice and hearing as they shall deem
sufficient and in such manner as they shall deem just and
equitable, determine the proportions in which each of said
cities and towns shall pay money into the treasury of
the Commonwealth each year for the term of five years,
beginning with the first day of January in each year in
which such commissioners are required to be appointed,
to meet said interest, sinking fund requirements, and cost,
for such year, and any deficiency in the amount previously
paid in as found by said treasurer, and shall return their
award into said court : provided, however, that the com- Proviso,
missioners shall fix and return the proportion to be paid
by the city of Boston for each year of the first of said
terms at fifty per cent. Every such award when accepted
by the court shall be a final and conclusive adjudication
for the term, of all matters referred to the commissioners,
and shall be binding upon all parties.

Section 3. The treasurer of the Commonwealth shall JsumTte^'^ *°
in the year nineteen hundred, and in each year thereafter, paid"ea'c''h y^ar
estimate, in accordance with the proportions determined *^*°'
as aforesaid, the several amounts required during the year
beginning with the first day of January, from the cities
and towns aforesaid, to meet said interest, sinking fund
requirements, and cost, for such year, and deficienc}^ if
any, and shall include the amount required from a city or
town, in, and make it a part of, the sum to be paid by
such city or town as its annual state tax, and the same
shall be paid by the city or town into the treasury of the
Commonwealth at the time required for the payment, and
as a part, of its state tax : provided, however, that the Proviso.
moneys to be paid into the treasury of the Commonwealth
each year, and the amount to be paid by the Common-
wealth and made a part of the annual state tax levy, shall
be as specified in section ten of chapter four hundred and
seven of the acts of the year eighteen hundred and ninety-
three, and in section eight of chapter two hundred and
eighty-eight of the acts of the year eighteen hundred and
ninety-four.

Section 4. Sections ten, eleven and twelve of chapter Repeal, etc.
four hundred and seven of the acts of the year eighteen

598 Acts, 1896. — Chap. 550.

hundred and ninety-three, sections eight, nine and ten of
chapter two hundred and eighty-eight of the acts of the
year eighteen hundred and ninety-four, all acts in amend-
ment of or in addition to said sections or either of them,
and all other acts or parts of acts inconsistent with this
act, are hereby repealed, and the treasurer of the Common-
wealth shall not hereafter require the payment of, and no
city or town shall hereafter pay, any money into the treas-
ury of the Commonwealth under any determination or
finding of any commission appointed under the provisions
of said sections, or any of them.

Section 5. This act shall take effect upon its passage.

Approved June 0, 1896.

Eesolves, 1896. — Chaps. 1, 2, 3. 599

RESOLVES.

of revenue.

Resolve authorizing the treasurer to borrow money in /^/^^^ 1
anticipation oe revenue. ^'

Resolved, That the treasurer and receiver general be Treasurer may
and he is hereby authorized to borrow, in anticipation of in anticipation
the receipts of the present year, such sums of money as
may from time to time be necessary for the payment of
the ordinary demands on the treasury, at any time before
the expiration of fifteen days after the meeting of the next
general court, at such rates of interest as shall be found
necessary ; and that he repay any sums he may borrow
under this resolve as soon as money sufficient for the pur-
pose, and not otherwise appropriated, shall be received
into the treasury. Aj-yproced January 16, 1896.

Resolve relative to the publication of the bulletin of (^Tffj.^y Q

COMMITTEE HEARINGS. ■*

Resolved^ That all bills contracted under the order Bulletin of
authorizing the joint committee on rules to publish a hearings.
bulletin of committee hearings and matters before com-
mittees shall be paid on approval of the sergeant-at-arms.

Approved January 29, 1896.

Chap. 3

Resolve to confirm the acts of lewis r. tucker as a justice
OF the peace.

Resolved, That all acts done by Lewis R. Tucker of Tulkerjustice
Boston as a justice of the peace, between the eleventh day of the peace,
of April and the eighteenth day of October in the year
eighteen hundred and ninet3'-five, are hereby confirmed
and made valid to the same extent as though he had been
during that time qualified to discharge the duties of said
oflBce. Approved January 31, 1896.

600

Resolves, 1896. — Chaps. 4, 5, 6, 7.

Nellie R.
Stevens.

(JJiaij. 4 Resolve in favor of nelme r. stbvens, widow of everett a

STEVENS.

Resolved, That there be allowed and paid out of the
treasury of the Commonwealth to Nellie R. Stevens,
widow of Everett A. Stevens late a member of the board
of railroad commissioners, who died on the thirteenth day
of July in the year eighteen hundred and ninety-five, the
sum of sixteen hundred twenty-seven dollars and sixty-
nine cents, being the amount of salary which said Everett
A. Stevens would have been entitled to receive had he
lived until the thirty-first day of December in the year
eighteen hundred and ninety-five.

Ajyproved January 31, 1896.

Chap. 5

Report of
metropolitan
sewerage com-
tuissionera.

Resolve providing for printing extra copies of the report
OF the metropolitan seaverage commissioners.

Resolved, That fifteen hundred extra copies of the
seventh annual report of the l^oard of metropolitan sew-
erage commissioners be printed, five hundred copies to be
bound in cloth, to be distributed under the direction of
said commissioners. Approved February 6, 1896.

ChciTJ. 6 I^ESOLVE to confirm the acts of THOMAS J. HOMER AS A NOTARY

PUBLIC.

Thotnae J.
Homer, notary
public, acts
coDfirmed.

Resolved, That all acts done by Thomas J. Homer of
Boston in the county of Suffolk as a notary public, be-
tween the eighth day of August in the year eighteen hun-
dred and ninety-five and the fourth day of January in the
year eighteen hundred and ninety-six, are hereby con-
firmed and made valid to the same extent as though he
had been during that time qualified to discharge the duties
of said office. Apjyroved February 7, 1896.

Ckaj). 7

Widow of
William S.
Shurtleff.

Resolve in favor of the widow of w^illiam s. shurtleff.

Resolved, That there be allowed and paid out of the
treasury of the Commonwealth to the widow of William
S. Shurtleff late judge of probate and insolvency for the
county of Hampden, who died on the fourteenth day of
January in the year eighteen hundred and ninety-six, the
sum of two thousand eight hundred and eighty-three dol-
lars and thirty-eight cents, being the amount of salary

Resolves, 1896. — Chaps. 8, 9, 10, 11. 601

which the said William S. Shurtleff would have been
entitled to receive had he lived until the thirty-first day
of December in the year eighteen hundred and ninety-six.

Approved February 12, 1896.

Resolve in favor of Patrick huckley. Chap. 8

Resolved. That there be allowed and paid out of the Patrick

• Buckley.

treasury of the Commonwealth to Patrick Buckley of
North Adams, an annuity of two hundred dollars for the
term of his natural life, in consideration of injuries sus-
tained at the Hoosac tunnel while in the employment of
the Commonwealth ; said annuity to be payable in equal
quarterly instalments. Chapter forty-five of the resolves
of the year eighteen hundred and ninety-one is hereby
repealed. Approved February 15, 1896.

Resolve in favor of ella Raymond. GhciJ). 9

Resolved, That there be allowed and paid out of the Eiia Raymond.
treasury of the Commonwealth an annuity of three hun-
dred dollars to Ella Raymond of Lowell, whose husband
was incapacitated from performing labor by reason of
injuries received in the discharge of militia duty at Fra-
mingham. Said annuity shall commence on the first day
of January in the year eighteen hundred and ninety-
seven, shall be payable quarterly, and shall continue for
the term of five years, should said Ella Raymond so long
survive. Approved February 15, 1896.

Resolve in favor of lavinia agnes bakbour. ChaV' 10

Resolved, That there be allowed and paid out of the Lavinia Agnes
treasury of the Commonwealth to Lavinia Agnes Barbour,
widow of James K. Barbour who was injured while de-
fending property at the Cooper street riot, and who at
the time of his decease was in receipt of an annuity from
the Commonwealth, an annuity of two hundred dollars, to
be paid to said widow during her natural life. Chapter eight
of the resolves of the year eighteen hundred and ninety-five
is hereby repealed. Approved February 15. 1896.

Resolve to confirm the acts of arthur l. huntington as njfnjy 11

A .JUSTICE of the PEACE.

Resolved, That all acts done by Arthur L. Huntington Arthur l. Hunt-

as a justice of the peace, between the twenty-third day o"nhe'peace!

slice
ice,
acta conQriued.

G02 Resolves, 1896. — Chaps. 12, 13, 14.

of October in the year eighteen hundred and ninety-five
and the sixteenth day of January in the year eighteen
hundred and ninety-six, are hereby confirmed and made
valid to the same extent as though he had been during
that time qualified to discharge the duties of said office.

Approved February 15, 1896.

Clia'D. 12 ^KSOLVE PROVIDING FOR THE EXPENSES OF THE MASSACHUSETTS

HIGHWAY COMMISSION.

MasBachusetta Resolved, Thdt thcrc be allowed and paid out of the

highway com- /• i ^^ i i

mission. tieasurv oi the Commonwealth a sum not exceedmg

twenty-five thousand dollars, to meet the expenses of the
Massachusetts highway commission, pending the action
of the legislature on the proposition to continue the
building of state highways and the issue of a loan for
meeting the expenses thereof. Upon the issue of such a
loan the treasury shall be reimbursed for all expenses
incurred under the authority of this resolve.

Approved February 15, 1896.

Oh.aT) 13 Resolve in favor of james a. grant.

James A. liesolved, That there be allowed and paid out of the

treasury of the Commonwealth to James A. Grant, of
Concord, who, while in the performance of his duty as
watchman at the Massachusetts reformatory, was totally
disabled from performing manual labor, in consequence of
an assault made upon him by a prisoner in said institution
on the seventeenth day of March in the year eighteen hun-
dred and ninety-four, an annuity of three hundred and
sixty dollars during his natural life, payable in equal quar-
terly instalments. Approved February 25, 1896.

Chan 14 Resoi^ve to confirm the acts of henry p. field as a justice

OF THE PEACE.

Henry P. Field, Rssolved, That all the acts done by Henry P. Field of

justice of the . ' . . ,, . , ,

peace, acts Northampton as a justice oi the peace, between the twenty-
third day of October in the year eighteen hundred and
ninety-five and the eleventh day of January in the year
eighteen hundred and ninety-six, are hereby confirmed
and made valid to the same extent as though he had been
during that time qualified to discharge the duties of said
ofiice. Approved February 25, 1896.

Resolves, 1896. — Chaps. 15, 10, 17. 603

Resolve to confirm the acts of chakles c hutchinsox as a (Jhaj) 15

JUSTICE of the peace.

Resolved, That all the acts done by Charles C. Hutch- charioac.
inson of Winthrop as a justice of the peace, between the justice of the
fourteenth day of September in the year eighteen hundred Jjonfltmed!
and ninety-four and the twenty-fifth day of January in the
year eighteen hundred and ninety-six, are hereby con-
firmed and made valid to the same extent as though he
had been during that time qualified to discharge the duties
of said office. Approved February 25, 1S9G.

Resolve providing for thk acquisition of land and the /^/,^^ ifi

ERECTION of TABLETS OR MONUMENTS ON THE BATTLEFIELD OF "*

ANTIETAM.

Resolved, That a commission, to be composed of the Battlefield of
following persons: — Samuel Dalton, Charles E. Davis, ""'"'"■
Jr., George L. Andrews, John W. Kimball, Augustus P.
Martin, Dennis Linehan and Albert A. Pope, shall have
authority to acquire, in the name of and for the Common-
wealth, by purchase or otherwise, sufficient land on the
field where occurred the battle of Antietam, in the state
of Maryland, on the seventeenth day of September in the
year eighteen hundred and sixty-two, and may erect
thereon, or in other suitable places, suitable tablets,
monuments, or a monument, to indicate the part taken by
Massachusetts troops in that battle. The said commission
shall serve without compensation but shall be reimbursed
for necessary expenses actually incurred. The design for
the tablets, monuments or monument shall be submitted
to and approved by the governor and council, who shall
approve all bills incurred before they are sent to the auditor
for payment. The total expenditure under this resolve
shall not exceed the sum of eight thousand dollars.
Chapter ninety-two of the resolves of the year eighteen
hundred and ninety-four is hereby repealed.

Apx>roved February 25, 1896.

Resolve relative to the settlement of certain controversies rfjjffj^ V7

CONCERNING FLATS IN CHARLES RIVER. "'

Resolved, That in the matter of the petition of Mary Fiatg m charies
Gr. Fisk and others against the Commonwealth of Massa- "'*"^'
chusetts, now pending in the superior court for the county

604 Kesolves, 1806. — Chaps. 18, 19, 20.

of Suffolk, under chapter forty-nine of the resolves of the
year eighteen hundred and ninety-five, the court may
summon all persons who have claims to any of the land
and flats referred to in said chapter to become parties to
said pending cause, by publication in such newspaper as
it may deem proper, once a week for three successive
weeks, the last publication to be fourteen days at least
before the return day of such summons ; and the final
judgment of the court in the cause, upon default of
appearance of claimants within ten days after the return
day, or after opportunity for hearing given to claimants
who appear, shall, as against the Commonwealth, be bind-
ing on all persons, and said court shall have all the powers
of a court of equity, so far as the same may be necessary,
for a final determination of the question involved in the
cause. Approved February 26, 1896.

ChCll). 18 I^ESOLVE IN FAVOR OF THE TRUSTEES OF THE SOLDIERS' HOME IN

MASSACHUSETTS.

Soldiers' Home. Resolved, That there be allowed and paid out of the
treasury of the Commonwealth to The Trustees of the
Soldiers' Home in Massachusetts, the sum of thirty thou-
sand dollars, the same to be used towards the maintenance
of a home for deserving soldiers and sailors.

Approved Fehruary 28, 1896.

ChdV' 10 Resolve relative to the new state normal school at salem.

Normal school ResoJvecl, That there be allowed and paid out of the
treasury of the Commonwealth for the purpose of the
construction of the new state normal school building at
Salem a sum not exceeding twenty-five thousand dollars,
in anticipation of the proceeds of the sale of the present
normal school building provided for by chapter ninety-one
of the resolves of the year eighteen hundred and ninety-
three. Approved March 5, 1896.

ChCin. 20 I^ESOLVE PROVIDING FOR THE CARE AND FURNISHING OF THE
ARMORY OF THE MASSACHUSETTS VOLUNTEER MILITIA IN THE
CITY OF FALL RIVER.

Armory at Resolved, That there be allowed and paid out of the

Fall River. /. i /- i i

treasury of the Commonwealth a sum not exceeding
twenty-two hundred dollars, for the care, heating, light-

Resolves, 1896. — Chaps. 21, 22, 23, 24. 605

ing and furnishing of the armory in process of erection in
the city of Fall River, until such time as the armory is
completed and turned over to the Commonwealth.

Approved March 5, 1896.

RkSOLVE relative to the funeral of FREDERIC T. GREEN- (JJidp^ 21
HALGE, LATE GOVERNOR OF THE COMMONWEALTH.

Resolved, That there be allowed and paid out of the Funeral of
treasury of the Commonwealth such sum, to be expended oreenhaige, late
by the lieutenant governor and the council, as in their governor.
opinion may be necessary for paying the funeral expenses
of Frederic T. Greenhalge, late governor of the Common-
wealth, and for showing proper respect to his memory.

Approved March 6", 1896.

Chap. 22

Resolve relative to completing the index of the war
records and the re-writing of the war record books in
the office op the adjutant general and the inspector

GENERAL.

Resolved^ That there be allowed and paid out of the index of war
treasury of the Commonwealth the sum of twenty-five ^^'^^^ *'
hundred dollars, in addition to the amount of fifteen hun-
dred dollars appropriated by chapter one hundred and
twenty-one of the resolves of the year eighteen hundred
and ninety-five, to be expended under the direction of the
adjutant general for the purpose of re-writing the record
books for permanent preservation.

Approved March 11, 1896.

Resolve to provide for the pchlication of an outline of HJiQ/jy 23

LESSONS IN DRAWING FOR UNGRADED SCHOOLS. "

Resolved, That there be allowed and paid out of the outuneof
treasury of the Commonwealth the sum of one hundred drTwing'for
and fifty dollars, to be expended under the direction of scifoofs!*^
the state board of education, for defraying the expense
of publishing three thousand copies of "An Outline of
Lessons in Drawing for Ungraded Schools ", for the use
of public schools. Approved March 11, 1896.

Resolve relative to the topographical survey and map of rih^jr^^ 04

MASSACHUSETTS. -*

Resolved, That there be allowed and paid out of the Topographical
treasury of the Commonwealth a sum not exceeding fifteen ^"'■^''^'

606 Kesolves, 1896. — Chaps. 25, 26, 27.

thousand one hundred dollars, to be expended by the com-
missioners on the topographical survey, for the following
purposes, to wit : For continuing the determination by
triangulation of the boundary lines of the cities and towns
in this Commonwealth, and marking state boundary lines,
to include supplementary topographical map and leveling,
a sum not exceeding twelve thousand dollars ; for selling
and distributing maps, a sum not exceeding one thousand
dollars ; for duplicating atlases of town boundary plans, a
sum not exceeding two thousand dollars, and for instru-
ments, a sum not exceeding one hundred dollars.

Approved March 19, 1896.

Chav 25 Resolve to provide for the publication of^a new edition

OF THE COURSE OF STUDIES FOR ELEMENTARY SCHOOLS.

New edition of Hesolved, That there be allowed and paid out of the
Bt*udTe8°or treasury of the Commonwealth a sum not exceeding two
sih^oi"';"'^^ hundred and tifty dollars, to be expended under the direc-
tion of the state board of education for the purpose of de-
fraying the expense of publishing three thousand copies
of the "Course of Studies for Elementary Schools", for
the use of the public schools.

Ap2yroved March 19, 1896.

Chap. 26

Resolve providing for the printing of five hundred extra

COPIES OF the seventh REPORT OF THE COMMISSIONER OF
PUBLIC RECORDS.

Report of Besolvecl, That five hundred additional copies of the

puwTc'recoTds?' sevciith rcport of the commissioner of public records be
printed, to be distributed under the direction of said com-
missioner. Approved March 19, 1896.

CJiav 27 Resolve to instruct the metropolitan park commission and

^ ' THE STATE BOARD OF HEALTH TO REPORT IN PRINT THE CON-

DITION OF THE CHARLES RIVER.

Report of park Resolvcd, That the joint board consisting of the metro-

BiX^boaid of politan park commission and the state board of health be

dittonoTcwieB instructed to report in print upon the condition of the

river. Charles river and its banks, from the line between Wal-

tham and Watertown and Mother brook in Dedham, as

required by chapter five hundred and twenty-nine of the

acts of the year eighteen hundred and ninety-four, and to

have printed and bound in cloth two thousand copies of

Resolves, 1896. — Chaps. 28, 29, 30, 31. 607

said report, five hundred copies to be for the use of the
legislature, five hundred copies for the use of the joint
board, and the balance to be distributed under the direc-
tion of the secretary of the Commonwealth.

Ap2)roved March 19, 1896.

Resolve in favor of liza hemmenway, a member of the has- (J]i(xj), 28

SANAMISCO tribe OF INDIANS.

Resolved, That there be allowed and paid out of the LizaHemmen-
treasury of the Commonwealth to the selectmen of Gard-
ner an annuity of three hundred dollars a year, for the
benefit of Liza Hemmenway, a survivor of the Hassana-
misco tribe of Indians, for the rest of her natural life, to
be expended by the selectmen for the support of said Liza
Hemmenway and her husband Henry B. Hemmenway,
beginning with the first day of January in the year eight-
een hundred and ninety-six and payable in equal quarterly
instalments. Approved March 21, 1896.

Gimp. 29

Resolve in favor of the massachusbtts charitable eye and
ear infirmary.

Resolved, That there be allowed and paid out of the Massachusetts
treasury of the Commonwealth to the Massachusetts and Ea"r ^ ^^
Charitable Eye and Ear Infirmary the sum of twenty i°fl'"'"'*''y-
thousand dollars, to be expended under the direction of
the managers thereof for the charitable purposes of said
infirmary during the present year.

Approved March 21, 1896.

Resolve in aid of the free public library of peru. ChciV' 30

Resolved, That the board of library commissioners is Free public
hereby authorized to expend one hundred dollars in the ' '^**^^°
purchase of books to aid in replacing the free public
library of the town of Peru, which was destroyed by fire
on the twenty-second day of February in the year eight-
een hundred and ninety-five. Approved March 25, 1896.

Resolve to provide for thh collection and circulation of f^jjf^j^ Q1
information relating to abandoned farms. ^

Resolved, That there be allowed and paid out of the information
treasury of the Commonwealth a sum not exceeding one abando°r!ed
thousand dollars, to be expended under the direction of ^"'^^•
the state board of agriculture in collecting all necessary

608 Kbsolves, 1896. — Chaps. 32, 33, 34.

information in regard to the opportunities for developing
the agricultural resources of the Commonwealth through
the repopulation of abandoned and partially abandoned
farms, and causing the facts obtained and a statement
of the advantages offered to be circulated where and in
such manner as said board may consider for the best in-
terests of the Commonwealth, in accordance with chapter
two hundred and eighty of the acts of the year eighteen
hundred and ninety-one. Apjjroved March 25, 1896.

Chcin. 32 Resolve to provide for certain improvements at the state

LUNATIC HOSPITAL AT NORTHAMPTON.

wuohoepuai. Besolvcd, That there be allowed and paid out of the
treasury of the Commonwealth a sum not exceeding
twenty-five thousand dollars, to be expended at the state
lunatic hospital at Northampton under the direction of
the trustees thereof for the purpose of completing the
reconstruction of the north wing of said hospital so as to
conform to the south wing thereof.

Approved March 25, 1896.

GhciT) 33 Resolve to provide for printing extra copies of the report

OF THE MASSACHUSETTS HIGHWAY COMMISSION.

Report of ResolvexJ , That three thousand extra copies of the third

highway com- annual report of the Massachusetts highway commission
be printed and bound in cloth. Out of the number so
printed each member of the present general court shall
be entitled to receive ten copies and the residue shall be
distributed under the direction of the commission.

mission.

Apjiroved March 25, 1896.

Chap. 34

JohnsoD.

Resolve in favor of mary o. johnson.

Resolved, That there be allowed and paid out of the
Maryo. trcasurv of the Commonwealth to Mary O. Johnson,

mother of George H. Johnson late registrar oi labor m
the department of the civil service commissioners who died
on the twenty-sixth day of January in the year eighteen
hundred and ninety-six, the sum of eighteen hundred sixty
dollars and twenty-two cents, being the amount of salary
to wdiich said George H. Johnson would have been entitled
had he lived until the thirty-first day of December of the
present year. Approved March 25 y 1896.

Resolves, 1896. — Chaps. 35, 36, 37, 38. 609

Resolve to provide additional copies of the report of the (^Tjf,^-, Qr

BOARD OF harbor AND LAND COMMISSIONERS. "^

liesolvedy That five hundred additional copies of the Report of
report of the board of harbor and land commissioners for commUBioners.
the year eighteen hundred and ninety -five be printed and
bound in cloth, to be distributed under the direction of
said board. Approved March 25, 1896.

Chaj). 36

Resolve relative to furnishing certain books to the town
of duxbury.

liesolued, That the secretary of the Commonwealth is Furnishing cer-
hereby directed to furnish to the town of Duxbury such town^of Dux-
volumes of the reports of decisions of the supreme judicial ^"""y*
court as he now has on hand for distribution, to replace
volumes destroj'ed at the burning of the almshouse in said
town. Ap2)rovecl March 25, 1896.

Cliaii. 37

Resolve ix favor of michael harkan and the town of

westfield,

Resolved, That there be allowed and paid out of the Michael narr
treasury of the Commonwealtli to Michael Harran of wes'taeid.''^
Westfield the sum of thirty-five dollars, being the value
of a cow belonging to him which was condemned and
killed by order of the lioard of health of said town ; and
the further sum of ten dollars to said town in reimburse-
ment for expenses paid by its board of health in examin-

ing, killing and buryins; said cow.

Approved March 25, 1896.

^- Chap. 38

Resolve granting a county tax for the county of barn-
stable.

Resolved, That the county commissioners for the county county tax.
of Barnstable are hereby authorized to levy as the county ^^'^°^*''^'*-
tax of said county for the current year, in the manner
provided by law, the sum of twenty-four thousand dol-
lars, to be expended for the following purposes, to wit : —

For interest on county debt, a sum not exceedinff one
thousand dollars.

For reduction of county debt, a sum not exceedino- nine
hundred dollars.

For salaries of county ofiicers and assistants, fixed by
law, a sum not exceeding five thousand three hundred and
fifty dollars.

610 Kesolves, 1896. — Chaps. 39, 40.

County tax, YoY sakries and expenses of district and police courts,

a sum not exceeding three thousand five hundred dollars.

For salaries of jailers, masters and assistants, and sup-
port of prisoners in jails and houses of coiTection, in ex-
cess of receipts, a sum not exceeding three thousand one
hundred dollars.

For criminal costs in the superior court, in excess of
receipts, a sum not exceeding two thousand dollars.

For civil expenses in supreme and superior courts, a
sum not exceeding one thousand eight hundred dollars.

For transportation expenses of county and special com-
missioners, a sum not exceeding three hundred dollars.

For medical examiners, inquests, and commitment of
the insane, a sum not exceeding seven hundred dollars.

For auditors, masters and referees, a sum not exceeding
one hundred dollars.

For repairing, furnishing and improving county build-
ings, a sum not exceeding one thousand nine hundred
dollars.

For care, fuel, lights and supplies in county buildings,
other than jails and houses of correction, a sum not ex-
ceeding eight hundred and fifty dollars.

For highways, bridges and land damages, in excess of
receipts, a sum not exceeding one thousand five hundred
. dollars.

For clerical assistance in county offices, in excess of re-
ceipts, a sum not exceeding four hundred and fifty dollars.

For truant schools, in excess of receipts, a sum not ex-
ceeding two hundred dollars.

For miscellaneous and contingent expenses, in excess
of receipts, a sum not exceeding three hundred and fifty
dollars. Approved March 25, 1896.

Chaj). 39 Resolve in favor of rokekt t. swan.

Robert T. Resolved^ That there be allowed and paid out of the

treasury of the Commonwealth to Robert T. Swan, com-
missioner of public records, the sum of fourteen dollars
and fifty-six cents, to reimburse him for money paid to the
state printers. Appjroved March 25, 1896.

Chcip. 40 Resolve granting a county tax for the county of dukes

COUNTY.

Duke'/county. Resolved, That the county commissioners for the county
of Dukes County are hereby authorized to levy as the

Resolves, 1896. — Chap. 41. 611

county tax of said county for the current year, in the county tax,
manner provided by law, the sum of seven thousand five " ** ''"°*^'
hundred dollars, to be expended for the following pur-
poses, to wit : —

For interest on county debt, a sum not exceeding three
hundred and fifty dollars.

For salaries of county ofiicers and assistants, fixed by
law, a sum not exceeding two thousand three hundred
dollars.

For salaries of jailers, masters and assistants, and sup-
port of prisoners in jails and houses of correction, in excess
of receipts, a sum not exceeding eight hundred dollars.

For criminal costs in superior court, in excess of
receipts, a sum not exceeding seven hundred dollars.

For civil expenses in supreme and superior courts, a
sum not exceeding one thousand dollars.

For trial justices, a sum not exceeding three hundred
dollars.

For medical examiners, inquests, and commitment of the
insane, a sum not exceeding one hundred dollars.

For repairing, furnishing and improving county build-
ings, a sum not. exceeding two hundred dollars.

For care, fuel, lights and supplies in county buildings,
other than jails and houses of correction, a sum not exceed-
ing four hundred dollars.

For highways, bridges and land damages, in excess of
receipts, a sum not exceeding one thousand dollars.

For clerical assistance in county ofiices, in excess of
receipts, a sum not exceeding three hundred dollars.

For miscellaneous and contingent expenses, in excess
of receipts, a sum not exceeding fifty dollars.

Approved March 28, 1896.

Resolve to provide for furnishing the new buildings of /^^^^ 4.I

THE MEDFIELD INSANE ASYLUM. ^ '

Resolved^ That there be allowed and paid out of the Buildings of the
treasury of the Commonwealth a sum not exceeding thirty ^yi'^m!^ '"^""^
thousand dollars in addition to the amount authorized by
chapter eighty-seven of the resolves of the year eighteen
hundred and ninety-five, to be expended under the direc-
tion of the trustees of the Medfield insane asylum for the
purpose of furnishing the buildings of said institution.

Approved March 28, 1896.

612 Eesolves, 1896. — Chaps. 42, 43, 44.

ChCtn. 42 I^ESOLVE TO PKOVIDE FOR ADDITIONAL COPIES OF THE REPORT OF
THE BOARD OF REGISTRATION IN MEDICINE.

^f^Ss^ration"^ J^GSolved, That one thousand additional copies of the
in medicine. sBcond annual I'eport of the hoard of registration in medi-
cine be printed, to be distributed under the direction of
said board. Approved March 28, 1896.

CJiaT). 43 Resolve providing for erecting in the state house or on

THE state house GROUNDS AN EQUESTRIAN STATUE, IN HRONZE,
OF THE LATE MAJOR GENERAL JOSEPH HOOKER.

Genera?j^8eph Besolved, That there be allowed and paid out of the
Hooker. treasury of the Commonwealth, to be expended under

the direction of the governor and council, a sum not to
exceed fifty thousand dollars, for the purpose of erecting
in Massachusetts an equestrian statue, in bronze, of the
late Major General Joseph Hooker ; said statue to be
placed in or near the state house, on such site as the gov-
ernor and council may designate.

Approved March 28, 1896.

Chap. 44 Resolve granting a county tax for the county of Plymouth.

County tax, Resolved, That the county commissioners for the county

ymout . ^^ Plymouth are hereby authorized to levy as the county

tax of said county for the current year, in the manner

provided by law, the sum of ninety-five thousand dollars,

to be expended for the following purposes, to wit : —

For interest on county debt, a sum not exceeding five
thousand five hundred dollars.

For reduction of county debt, a sum not exceeding
fifteen thousand dollars.

For salaries of county oflficers and assistants, fixed by
law, a sum not exceeding nine thousand five hundred
dollars.

For salaries and expenses of district and police courts,
a sum not exceeding twelve thousand five hundred dol-
lars.

For salaries of jailers, masters and assistants, and for
support of prisoners in jails and houses of correction, in
excess of receipts, a sum not exceeding eleven thousand
dollars.

For criminal costs in superior court, in excess of re-
ceipts, a sum not exceeding nine thousand dollars.

Resolves, 1896. — Chap. 45. 613

For civil expenses in supreme and superior courts, a county tax,
sum not exceeding six thousand dollars. Plymouth.

For transportation expenses of county and special com-
missioners, a sum not exceeding five hundred dollars.

For medical examiners, inquests, and commitment of
the insane, a sum not exceeding one thousand seven hun-
dred dollars.

For auditors, masters and referees, a sum not exceeding
two hundred dollars.

For repairing, furnishing and improving county Imild-
ings, a sum not exceeding two thousand dollars.

For care, fuel, lights and supplies in county buildings,
other than jails and houses of correction, a sum not ex-
ceeding three thousand four hundred dollars.

For highways, bridges and land damages, in excess of
receipts, a sum not exceeding nine thousand dollars.

For clerical assistance in county offices, in excess of re-
ceipts, a sum not exceeding one thousand dollars.

For law libraries, a sum not exceeding two thousand
dollars.

For truant schools, in excess of receipts, a sum not ex-
ceeding one thousand two hundred dollars.

For miscellaneous and contingent expenses, in excess of
receipts, a sum not exceeding five thousand five hundred
dollars. Approved March 28, 1896.

Resolve granting a county tax for the county of essex njjnrt A^

Resolved^ That the county commissioners for the county county tax,
of Essex are hereby authorized to levy as the count}^ tax ^^*®^'
of said county for the current year, in the manner provided
by law, the sum of two hundred and twenty-five thousand
dollars, to be expended for the following purposes, to
wit : —

For interest on county debt, a sum not exceeding four
thousand five hundred dollars.

For salaries of county officers and assistants, fixed by
law, a sum not exceeding twenty-five thousand four hun-
dred dollars.

For salaries and expenses of district and police courts, a
sum not exceeding thirty-three thousand five hundred
dollars.

For salaries of jailers, masters and assistants, and sup-
port of prisoners in jails and houses of correction, in

614 Kesolves, 1896. — Chap. 46.

County tax, excess of receipts, a sum not exceeding forty-three thou-
sand dollars.

For criminal costs in superior court, in excess of re-
ceipts, a sum not exceeding twenty-one thousand five
hundred dollars.

For civil expenses in supreme and superior courts, a
sum not exceeding sixteen thousand five hundred dollars.

For trial justices, a sum not exceeding four thousand
dollars.

For transportation expenses of county and special com-
missioners, a sum not exceeding five hundred dollars.

For medical examiners, inquests, and commitment of
the insane, a sum not exceeding eight thousand five hun-
dred dollars.

For auditors, masters and referees, a sum not exceeding
three thousand dollars.

For repairing, furnishing and improving count}" build-
ings, a sum not exceeding five thousand dollars.

For care, fuel, lights and supplies in county buildings,
other than jails and houses of correction, a sum not ex-
ceeding twelve thousand dollars.

For highways, bridges and land damages, in excess of
receipts, a sum not exceeding twenty thousand dollars.

For clerical assistance in county offices, in excess of
receipts, a sum not exceeding five thousand six hundred
dollars.

For law libraries, a sum not exceeding two thousand
dollars.

For truant schools, in excess of receipts, a sum not ex-
ceeding five thousand dollars.

For miscellaneous and contingent expenses, in excess
of receipts, a sum not exceeding fifteen thousand dollars.

Approved April i, 1896.

Chap, 46 Resolve granting a county tax for the county of Bristol.

BrtBtof **''' Resolved^ That the county commissioners for the county

of Bristol are hereby authorized to levy as the county tax
of said county for the current year, in the manner pro-
vided by law, the sum of two hundred and seventy thou-
sand dollars, to be expended for the following purposes,
to wit : —

For interest on county debt, a sum not exceeding
twenty-one thousand eight hundred dollars.

Resolves, 1896. — Chap. 47. 615

For reduction of county debt, a sum not exceeding county tax,
sixty thousand dollars.

For salaries of county officers and assistants, fixed by
law, a sum not exceeding nineteen thousand two hundred
dollars.

For salaries and expenses of district and police courts,
a sum not exceeding twenty thousand five hundred dollars.

For salaries of jailers, masters and assistants, and sup-
port of prisoners in jails and houses of correction, in
excess of receipts, a sum not exceeding forty-nine thou-
sand five hundred dollars.

For criminal costs in superior court, in excess of receipts,
a sum not exceeding twenty thousand dollars.

For civil expenses in supreme and superior courts, a
sum not exceeding fifteen thousand dollars.

For transportation expenses of county and special com-
missioners, a sum not exceeding five hundred dollars.

For medical examiners, inquests, and commitment of
the insane, a sum not exceeding six thousand dollars.

For auditors, masters and referees, a sum not exceeding
one thousand dollars.

For repairing, furnishing and improving county build-
ings, a sum not exceeding fifteen thousand dollars.

For care, fuel, lights and supplies in county buildings,
other than jails and houses of correction, a sum not exceed-
ing; fourteen thousand dollars.

For highways, bridges and land damages, in excess of
receipts, a sum not exceeding four thousand dollars.

For clerical assistance in county offices, in excess of
receipts, a sum not exceeding eleven thousand dollars.

For law libraries, a sum not exceeding two thousand
five hundred dollars.

For truant schools, in excess of receipts, a sum not
exceeding two thousand five hundred dollars.

For miscellaneous and contingent expenses, m excess of
receipts, a sum not exceeding seven thousand five hundred
dollars. Approved April 1, 1896.

Resolve in favor of elmer hewitt. Chap. 47

Eesolved, That Elmer Hewitt of Weymouth, father of EimerHewut.
Henry Hewitt formerly a member of company B, fourth
regiment, cavalry, Massachusetts volunteers, who died
while a prisoner of war during the war of the rebellion,

616 Resolves, 1896. — Chaps. 48, 49.

shall, from and after the passage of this resolve, be eligible
to receive state aid, under the provisions, rules and limita-
tions of chapter three hundred and one of the acts of the
year eighteen hundred and ninety-four, in the same man-
ner and to the same extent as other dependent fathers now
receiving aid under said chapter.

Approved April 1, 1896.

CllCtp. 48 Resolve in favor op Bridget lemmon.

Bridget Resolved, That Bridofet Lemmon, widow of Joseph

Lemmon who served during the war ot the rebeUion as
seaman on board the United States coast survey steamers
Vixen and Bibb, shall, from and after the passage of this
resolve, be eligible to receive state or military aid, under
the provisions, rules and limitations of chapter three hun-
dred and one of the acts of the year eighteen hundred and
ninety-four, in the same manner and to the same extent
that she would have been entitled to receive the same had
her late husband served as an enlisted seaman in the United
States navy. A^jproved April i, 1896.

CllCip. 49 Resolve granting a county tax for the county of Middlesex.
County tax, Resolved, That the county commissioners for the county

Middlesex. ' i • i i ^

of ^Middlesex are hereby authorized to levy as the county
tax of said county for the current year, in the manner pro-
vided by law, the sum of four hundred and forty-five
thousand two hundred dollars, to be expended for the fol-
lowing purposes, to wit : —

For interest on county debt, a sum not exceeding
twenty-five thousand dollars.

For reduction of county debt, a sum not exceeding forty
thousand dollars.

For salaries of county officers and assistants, fixed by
law, a sum not exceeding thirty-two thousand two hundred
dollars.

For salaries and expenses of district and police courts,
a sum not exceeding sixty-one thousand dollars.

For salaries of jailers, masters and assistants, and sup-
port of prisoners in jails and houses of correction, in
excess of receipts, a sum not exceeding seventy-eight
thousand dollars.

For criminal costs in superior court, in excess of re-
ceipts, a sum not exceeding twenty-six thousand dollars.

Resolves, 189G. — Chap. 50. 617

For civil expenses in supreme and superior courts, a county tax,
sum not exceeding forty thousand dollars.

For trial justices, a sum not exceeding two thousand
two hundred dollars.

For transportation expenses of county and special com-
missioners, a sum not exceeding eight hundred dollars.

For medical examiners, inquests, and commitment of
the insane, a sum not exceeding eleven thousand dollars.

For auditors, masters and referees, a sum not exceed-
ing five thousand dollars.

For repairing, furnishing and improving county build-
ings, a sum not exceeding thirty thousand dollars.

For care, fuel, lights and supplies in county buildings,
other than jails and houses of correction, a sum not ex-
ceeding twenty thousand dollars.

For highways, bridges and land damages, in excess of
receipts, a sum not exceeding twenty-five thousand dollars.

For clerical assistance in county ofiices, in excess of
receipts, (including eight thousand dollars for copj'ing
records of northern district registry,) a sum not exceed-
ing thirty-seven thousand dollars.

For law libraries, a sum not exceeding two thousand
dollars.

For truant schools, in excess of receipts, a sum not
exceeding five thousand dollars.

For miscellaneous and contingent expenses, in excess
of receipts, a sum not exceeding five thousand dollars.

Approved April 4, 1896.

Resolve GRANxixa a county tax for the county of hampden. nhrtj^ n;()

Resolved, That the county commissioners for the county county tax,
of Hampden are hereby authorized to levy as the county ^^'^p'*^"-
tax of said county for the current year, in the manner
provided by law, the sum of one hundred and sixty-five
thousand dollars, to be expended for the following pur-
poses, to wit : —

For interest on county debt, a sum not exceeding four-
teen thousand dollars.

For reduction of countv debt, a sum not exceeding;
twenty-one thousand dollars.

For salaries of county ofiicers and assistants, fixed by
law, a sum not exceeding twelve thousand dollars.

For salaries and expenses of district and police courts, a
sum not exceeding nineteen thousand five hundred dollars.

618 Eesolves, 1896. — Chap. 51.

nrmpdenf' ^^^ Salaries of jailers, masters and assistants, and sup-

port of prisoners in jails and houses of correction, in
excess of receipts, a sum not exceeding twenty-five thou-
sand five hundred dollars.

For criminal costs in superior court, in excess of
receipts, a sum not exceeding one thousand dollars.

For civil expenses in supreme and superior courts, a
sum not exceeding twenty-four thousand dollars.

For transportation expenses of county and special com-
missioners, a sum not exceeding two hundred dollars.

For medical examiners, inquests, and commitment of
the insane, a sum not exceeding four thousand five hun-
dred dollars.

For auditors, masters and referees, a sum not exceeding
two thousand dollars.

For repairing, furnishing and improving county build-
ings, a sum not exceeding eight thousand dollars.

For care, fuel, lights and supplies in county buildings,
other than jails and houses of correction, a sum not ex-
ceeding eight thousand dollars.

For highways, bridges and land damages, in excess of
receipts, a sum not exceeding eight thousand five hundred
dollars.

For clerical assistance in count}^ offices, in excess of
receipts, a sum not exceeding five thousand dollars.

For law libraries, a sum not exceeding two thousand
dollars.

For truant schools, in excess of receipts, a sum not
exceeding six thousand dollars.

For miscellaneous and contingent expenses, in excess
of receipts, a sum not exceeding three thousand eight
hundred dollars. Approved Ap)ril 4, 1896.

THE COUNTY OF HAMPSmRE.

Chap. 51 Resolve granting a county tax fok

County tax, Besolvecl, That the county commissioners for the county

of Hampshire are hereby authorized to levy as the county
tax of said county for the current year, in the manner
provided by law, the sum of fifty thousand dollars, to be
expended for the following purposes, to wit : —

For interest on county debt, a sum not exceeding four
thousand dollars.

For reduction of county debt, a sum not exceeding
eiofht thousand dollars.

Resolves, 1896. — Chap. 52. 619

For salaries of county officers and assistants, fixed by countytax,
law, a sum not exceeding seven thousand three hundred ""''* "^*"
dollars.

For salaries and expenses of district and police courts,
a sum not exceeding six thousand one hundred dollars.

For salaries of jailers, masters and assistants, and sup-
port of prisoners in jails and houses of correction, in
excess of receipts, a sum not exceeding seven thousand
eight hundred dollars.

For criminal costs in superior court, in excess of re-
ceipts, a sum not exceeding two thousand five hundred
dollars.

For civil expenses in supreme and superior courts, a
sum not exceeding four thousand dollars.

For transportation expenses of county and special com-
missioners, a sum not exceeding one hundred dollars.

For medical examiners, inquests, and commitment of
the insane, a sum not exceeding seven hundred dollars.

For auditors, masters and referees, a sum not exceeding
three hundred dollars.

For repairing, furnishing and improving county build-
ings, a sum not exceeding one thousand dollars.

For care, fuel, lights and su})plies in county buildings,
other than jails and houses of correction, a sum not ex-
ceeding four thousand dollars.

For highways, bridges and land damages, in excess of
receipts, a sum not exceeding one thousand dollars.

For clerical assistance in county offices, in excess of
receipts, a sum not exceeding one thousand dollars.

For law libraries, a sum not exceeding one thousand
dollars.

For truant schools, in excess of receipts, a sum not
exceeding two hundred dollars.

For miscellaneous and contingent expenses, in excess
of receipts, a sum not exceeding one thousand dollars.

Approved April 4, 1896.

Resolve uelative to the immigration of western islanders /^A^,v, no

INTO BARNSTABLE COUNTY. -^

Resolved, That the bureau of statistics of labor is hereby immigration of
instructed to make inquiries concerning the immigration isiandl^s.
of Western Islanders into Barnstable county, and to re-
port in print the results of such inquiries, including such

G20 Resolves, 1896. — Chap. 53.

statistical and other information as said bureau may deem
important, to the general court on or before the first
Wednesday in January in the year eighteen hundred and
ninety-seven. Approved April 4, 1S96.

Chan. 53 Resolve granting a county tax for the county of franklin.
County tax, Resolvecl, That the county commissioners for the county

of Franklin are hereby authorized to levy as the county
tax of said county for the current year, in the manner
provided by law, the sum of thirty-five thousand dollars,
to be expended for the following purposes, to wit : —

For interest on county debt, a sum not exceeding one
thousand six hundred dollars.

For salaries of county officers and assistants, fixed by
law, a sum not exceeding six thousand three hundred
dollars.

For salaries of jailers, masters and assistants, and sup-
port of prisoners in jails and houses of correction, in ex-
cess of receipts, a sum not exceeding five thousand dollars.

For criminal costs in superior court, in excess of re-
ceipts, a sum not exceeding four thousand two hundred
dollars.

For civil expenses in supreme and superior courts, a
sum not exceeding two thousand dollars.

For trial justices, a sum not exceeding three thousand
dollars.

For transportation expenses of county and special com-
missioners, a sum not exceeding five hundred dollars.

For medical examiners, inquests, and commitment of
the insane, a sum not exceeding seven hundred dollars.

For auditors, masters and referees, a sum not exceeding
three hundred dollars.

For repairing, tiirnishing and improving county build-
ings, a sum not exceeding three thousand dollars.

For care, fuel, lights and supplies in county buildings,
other than jails and houses of correction, a sum not ex-
ceeding two thousand dollars.

For highways, bridges and land damages, in excess of
receipts, a sum not exceeding one thousand dollars.

For clerical assistance in county offices, in excess of
receipts, a sum not exceeding three thousand dollars.

For law libraries, a sum not exceeding six hundred
dollars.

Resolves, 1896. — Chaps. 54, 55, 56. 621

For truant schools, in excess of receipts, a sum not
exceeding one hundred dollars.

For miscellaneous and contingent expenses, in excess
of receipts, a sum not exceeding one thousand seven
hundred dollars. Approved Ap)ril 4, 1896.

Resolve to pkoviue kok completing and furnishing the gym- nj^rfj^ KA

NASIUM of the WORCESTER NORMAL SCHOOL.

Resolved. That there be allowed and paid out of the Worcester

^ ■, r^ iji , T J. normal school

treasury oi the Commonwealth a sum not exceeding ten gymnasium.
thousand dollars, for the purpose of completing and fur-
nishing the gymnasium connected with the state normal
school at Worcester and providing the buildings with
electric lights. Approved April 7, 1896.

Resolve in favor of philip h creasey. (Jlian. b^

Resolved^ That there be allowed and paid out of the PhiiipH.
treasury of the Commonwealth to Philip H. Creasey of ''^'^^^y-
Newburyport the sum of five hundred dollars, said Creasey
being a naval cadet who was detached from the training
ship Enterprise on the twenty-seventh day of January in
the present year and placed on board the steamer St.
Louis at Xew York, and who on the twenty-ninth day of
January was disabled for life by an accident occurring to
him on said steamer. Approved April 10, 1896.

Resolve granting a county tax for the county of Worcester, ni^f.^-f 5(3

Resolved, That the county commissioners for the county county tax,
of Worcester are hereby authorized to levy as the county ^°'"'=®*^^'^-
tax of said county for the current year, in the manner
provided by law, the sum of two hundred and fifty thou-
sand dollars, to be expended for the following purposes,
to wit : —

For interest on county debt, a sum not exceeding four
thousand three hundred and seventy-five dollars.

For reduction of county debt, a sum not exceeding
twenty-five thousand dollars.

For salaries of county oflicers and assistants, fixed b}'
law, a sum not exceeding twenty-three thousand one
hundred and fifty dollars.

For salaries and expenses of district and police courts,
a sum not exceeding twenty-seven thousand four hundred
and fifty dollars.

622 Resolves, 1896. — Chap. 57.

woTcLter! -^^^ salaries of jailers, masters and assistants, and sup-

port of prisoners in jails and houses of correction, in
excess of receipts, a sum not exceeding forty-four thou-
sand dollars.

For criminal costs in superior court, in excess of re-
ceipts, a sum not exceeding sixteen thousand dollars.

For civil expenses in supreme and superior courts, a
sum not exceeding fifteen thousand dollars .

For trial justices, a sum not exceeding four thousand
dollars.

For transportation expenses of county and special com-
missioners, a sum not exceeding eight hundred dollars.

For medical examiners, inquests, and commitment of
the insane, a sum not exceeding five thousand five hundred
dollars.

For auditors, masters and referees, a sum not exceeding
two thousand seven hundred dollars.

For building county buildings, a sum not exceeding five
thousand dollars.

For repairing, furnishing and improving county build-
ings, a sum not exceeding ten thousand dollars.

For care, fuel, lights and supplies in county buildings,
other than jails and houses of correction, a sum not ex-
ceeding thirteen thousand nine hundred dollars.

For highways, bridges and land damages, in excess of
receipts, a sum not exceeding twenty thousand dollars.

For clerical assistance in county offices, in excess of
receipts, a sum not exceeding eighteen thousand four hun-
dred dollars.

For law libraries, a sum not exceeding four thousand
dollars.

For truant schools, in excess of receipts, a sum not ex-
ceeding five thousand dollars.

For miscellaneous and contingent expenses, in excess
of receipts, a sum not exceeding five thousand seven hun-
dred and twenty-five dollars. Approved April 13, 1896.

Chap. 57 Resolve in favor of joseph f. toole.

Jo^^ephF. Resolved, That there be allowed and paid out of the

treasury of the Commonwealth to Joseph F. Toole of
Boston the sum of two hundred and fifty dollars, in full
compensation for injuries received by said Toole while in
the discharge of his duties as an employee of the gypsy
moth commission. Approved April 13, 1896.

Resolves, 1896. — Chaps. 58, 59. 623

Resolve im favor ok john j. donahue. CJiClT). 58

Resolved^ That there be allowed and paid out of the Johnj.
treasury of the Commonwealth to John J. Donahue of
Salem the sum of one hundred and fifty dollars, in full
compensation for injuries received by said Donahue on the
twenty-fourth day of May in the year eighteen hundred
and ninety-five in consequence of the firing of a salute by
the state militia at the funeral of General William Coffswell.

Approved April 13, 1896.

Resolve granting a county tax to the county of Berkshire. (JJinq^ 59

Resolved, That the county commissioners for the county county tax,
of Berkshire are hereby authorized to levy as the county ^®'^'^^^"'®-
tax of said county for the current year, in the manner
provided by law, the sum of eighty thousand dollars, to •
be expended for the following purposes, to wit : —

For interest on county debt, a sum not exceeding seven
thousand two hundred dollars.

For reduction of county debt, a sum not exceeding ten
thousand dollars.

For salaries of county officers and assistants, fixed by
law, in excess of receipts, a sum not exceeding nine thou-
sand dollars.

For salaries and expenses of district and police courts, a
sum not exceeding fourteen thousand five hundred dollars.

For salaries of jailers, masters and assistants, and sup-
port of prisoners in jails and houses of correction, in
excess of receipts, a sum not exceeding fourteen thousand
three hundred dollars.

For criminal costs in superior court, in excess of re-
ceipts, a sum not exceeding eight thousand five hundred
dollars.

For civil expenses in supreme and superior courts, a
sum not exceeding three thousand five hundred dollars.

For transportation expenses of county and special com-
missioners, a sum not exceeding one hundred dollars.

For medical examiners, inquests, and commitment of
the insane, a sum not exceeding one thousand eight hun-
dred dollars.

For auditors, masters and referees, a sum not exceeding
four hundred dollars.

For repairing, furnishing and improving county ])uild-
ings, a sum not exceeding two thousand dollars.

624

Resolves, 1896. — Chaps. 60, 61.

County tax,
Berkshire.

Chap

For care, fuel, lights and supplies in county buildings,
other than jails and houses of correction, a sum not ex-
ceeding three thousand eight hundred dollars.

For highways, l)ridges and land damages, in excess of
receipts, a sum not exceeding one thousand four hundred
dollars.

For clerical assistance in county offices, in excess of
receipts, a sum not exceeding one thousand dollars.

For truant schools, in excess of receipts, a sum not
exceeding one thousand five hundred dollars.

For miscellaneous and contingent expenses, in excess
of receipts, a sum not exceeding one thousand dollars.

Approved April 13, 1896.

50 Rksolve to authokize the appointmext of a commission to
investigate the charitable and kekohmatoky interests

ComtnisBion to
investigate the
charitable and
reformatory
interests, etc.,
of the Com-
monwealth.

AND INSTITUTIONS OF THE COMMONWEALTH.

Resolved, That the governor, by and with the advice
of the council, be and he is hereby authorized to appoint a
commission, consisting of three persons, to investigate the
public charitable and reformatory interests and institutions
of the Commonwealth ; to inquire into the expediency of
revising the system of administering the same and of
revising all existing laws in regard to pauperism and in-
sanity, including all laws relating to pauper settlements ;
and furthermore to inquire into the relation of pauperism
and insanity to cinme, with a view to securing economy
and efficiency in the care of the poor and insane in this
Commonwealth. Said commission may employ a stenog-
rapher, shall have power to send for persons and papers,
and may incur such expenses and receive such compensa-
tion for their services as the governor and council may
determine. Said commission shall submit its report in
print, with a bill or bills, if practicable, to the governor
and council before the first day of February in the year
eighteen hundred and ninety-seven.

Ax)proved April 13, 1896.

Chap. 61 Resolve relative to the report of the state board of

HEALTH UPON THE SANITARY CONDITION OF THE NEPONSET
MEADOWS.

fa'n'lfarVcon- Bcsolved, That the state board of health is hereby

dition of the authorized to reijort in print the results of its investiga-

Neponset n i • • • i -vt i

meadows. tion of the sauitary condition ot the iSeponset meadows,

Eesolves, 1896. — Chaps. 62, 63, 64, 65. 625

made in conformity with the provisions of chapter eighty-
three of the resolves of the year eighteen hundred and
ninety-five, and that two thousand copies of said report
be printed. Approved April 13, 1896.

Resolve in favor of the town of orange. Chav. 62

Resolved, That there be allowed and paid out of the Town of
treasury of the Commonwealth to the town of Orange ^^^^^'
the sum of three hundred and fifty dollars, for armory rent
for the year eighteen hundred and ninety-five.

Apj^roved April 13, 1896.

Resolve in favor of Caroline e. chase. Chan 63

liesolved. That Caroline E. Chase of Marblehead, widow Caroline e.
of Henry Frost, alias Charles H. Chase, who was a ser- ^^''^^•
geant in company G, first regiment, Louisiana volunteer
cavalry, shall, from and after the passage of this resolve,
be eligible to receive state aid under the provisions, rules
and limitations of chapter three hundred and one of the
acts of the year eighteen hundred and ninety-four, in the
same manner and to the same extent that she would have
been entitled had the said Henry Frost served to the credit
of this Commonwealth. Approved April 13, 1896.

Resolve in favor of harry w. welch. Oh art 64

Resolved, That there be allowed and paid out of the Harry w.
treasury of the Commonwealth to Harry W. Welch of ^^^''^•
Cambridge an annuity of three hundred dollars for the
term of his natural life, to be so allowed from the first day
of January in the year eighteen hundred and ninety-seven,
in consequence of disabilities incurred while on duty as a
member of company B, first regiment, infantry, Massa-
chusetts volunteer militia, at the annual muster of the
regiment in the year eighteen hundred and eighty-eight.

Approved April 13, 1896.

Resolve rROvioiNG for the preparation of an index to the (^lyfyr^ (\^

REGISTRATION RETURNS, ^ *

Resolved, That there be allowed and paid out of the index to
treasury of the Commonwealth a sum not exceeding two refurns?'""
thousand dollars for completing the alphabetical index to
the returns of births, marriages and deaths for the years
eighteen hundred and eighty-one to eighteen hundred and
eighty-nine, inclusive. Approved Ajjril 14, 1896.

626 Resolves, 1896. — Chaps. 66, 67, 68.

Chap. 66 Resolve relative to the standard weights, measures and

BALANCES OF THE COMMON AVE ALTH.

^'^°'if^™ Resolved. That there be allowed and paid out of the

weights, meas- ' .

urea, etc. treasury of the Commonwealth a sum not exceeding one

thousand dollars, to be expended by the treasurer and
receiver general for the purpose of repairing and adding
to the standard weights, measures and balances of the
Commonwealth. Approved April 14, 1896.

CJlCiV' 61 Resolve in favor of the widow of frederic t. greenhalge.
Widow of Resolved, That there be allowed and paid out of the

Greenhalge. treasury of the Commonwealth to the widow of Frederic
T. Greenhalge late governor of the Commonwealth of
Massachusetts, who died on the fifth day of March in the
year eighteen hundred and ninety-six, the sum of six
thovisand five hundred fifty-nine dollars and fourteen cents,
being the amount of salary said Frederic T. Greenhalge
would have been entitled to receive had he lived until the
thirty-first day of December of the present year.

Approved April 15, 1896.

GTiav. 68 Resolve extending the time for the report of the board
ON docks and terminal facilities, and providing for the
continuance of the investigation relative thereto.

Report of board Resolved, That the time allowed for the filing of the
terminal rcport of the l)oard on docks and terminal facilities, re-

quired to be made to the general court by chapter two
hundred and ninety-one of the acts of the year eighteen
hundred and ninety-five, providing for an investigation of
the wants of the port of Boston for an improved system
of docks and wharves and terminal facilities in connection
therewith, is hereby extended to the first Wednesday of
January in the year eighteen hundred and ninety-seven ;
and a sum not exceeding four thousand dollars, in addition
to any amount heretofore authorized, may be expended for
the purpose of completing the investigation provided for
in said act ; and the term of oflice of said commission is
hereby extended to the first day of April in the year
eighteen hundred and ninety-seven.

Approved April 15, 1896.

Resolves, 1896. — Chaps. 69, 70, 71. 627

Resolve extending the time for the kepokt of the state QJiny) (59

BOARD OF HEALTH RELATIVE TO SEWAGE DISPOSAL AND DRAIN-
AGE IN SALEM AND PEABODY.

Resolved^ That there be allowed and paid out of the Report on sew-
treasury of the Commonwealth a sum not exceeding one etcofsaiem
thousand dollars, to be expended by the state board of "" ^^ ° ^'
health in continuing the investigations relating to a gen-
eral system of drainage and sewerage for the city of Salem
and the town of Peabody, provided by chapter one hun-
dred and twelve of the resolves of the year eighteen hun-
dred and ninety-live, said amount being in addition to the
three thousand dollars provided for in said resolve ; the
Commonwealth to be reimbursed for such additional ex-
penditure herein provided for as shall be approved by the
governor and council, in the same manner as provided in
said resolve. The time allowed for the completion of the
report of said state board of health relative to said general
system of drainage and sewerage for the city of Salem and
the town of Peabody is hereby extended, and said board
is directed to submit said report in print, together with
plans and estimates of cost, to the city of Salem and the
town of Peabody on or before the first day of July in the
present year, and to present a duplicate of said report to
the general court on or before the first Wednesday of
January in the year eighteen hundred and ninety-seven.

Approved April 17^ 1896.

Resolve to provide for printing one thousand additional (JJicin. 70

COPIES OF THE REPORT OF THE BOARD OF LIBRARY COMMISSIONERS.

Resolved^ That there be allowed and paid out of the Report of
treasury of the Commonwealth the sum of one hundred m'lBeioners""
and twelve dollars, to defray the expense of printing one
thousand additional copies of the sixth report of the board
of library commissioners for the use of said board.

Approved April 17, 1896.

Resolves providing for submitting to the people the ar- rif^f^rr^ 71

TICLES OF AMENDMENT TO THE CONSTITUTION ESTABLISHING "'

BIENNIAL ELECTIONS OF STATE OFFICERS AND MEMBERS OF THE
GENERAL COURT.

Resolved, That the following articles of amendment to Amendment to
the constitution, having been agreed to by the last and

628

Resolves, 1896. — Chap. 71.

present general courts, and published in the manner re-
quired by the constitution, be submitted to the people for
their ratification and adoption : —

Biennial elec-
tions of gov-
ernor, lieuten-
ant governor
and councillors.

To apply at
election in 1898.

Heads of
departments.

To apply at
election in If

yiRST AKTICLE OF AMENDMENT.

The governor, and lieutenant governor, and councillors,
shall hold their respective offices for two years next fol-
lowing the first Wednesday in the January succeeding
their election, and until others are chosen and qualified
in their stead.

The first election to which this article shall apply shall
be that held on the Tuesday next after the first Monday in
November in the year eighteen hundred and ninety-eight ;
and thereafter elections for the choice of all the officers
before mentioned shall be held biennially on the Tuesday
next after the first Monday in November.

All the provisions of the Constitution inconsistent with
the provisions herein contained are hereby annulled.

The secretary, treasurer and receiver general, auditor,
and attorney-general, shall hold their respective offices for
two years, beginning with the third Wednesday in the
January succeeding their election, and until others are
chosen and qualified in their stead.

A person shall be eligible as treasurer and receiver gen-
eral for three successive terms, and no more.

The first election to which this article shall apply shall
be that held on the Tuesday next after the first Monday in
Noveml)er in the year eighteen hundred and ninety-eight ;
and thereafter elections for the choice of all the officers
before mentioned shall be held biennially on the Tuesday
next after the first Monday in November.

All the provisions of the Constitution inconsistent with
the provisions herein contained are hereby annulled.

Biennial elec-
tion of senators
and repre-
sentatives.

To apply at
election in 1898.

SECOND AKTICLE OF AMENDMENT

Senators and representatives shall hold their respective
offices for terms of two years, beginning with the first
Wednesday in the January succeeding their election.

The first election to which this article shall apply shall
be that held on the Tuesday next after the first Monday in
November in the year eighteen hundred and ninety-eight ;
and thereafter elections for the choice of senators and rep-
resentatives shall be held biennially on the Tuesday next
after the first Monday in November.

Resolves, 1896. — Chap. 71. 629

The oeneral court shall assemble every year on the first (General court

^ . 1 11, to aeserable

VVednesaay in January; and each general court shall, annually.
without any proclamation or other act of the governor,
be finally dissolved on the day preceding the day ap-
pointed for the first assembling of the next elected general
court.

All the provisions of the Constitution inconsistent with
the provisions herein contained are hereby annulled.

Resolved, That the people shall be assembled for the vote upon
purpose aforesaid, in their respective polling places in the amendment, etc.
several cities and towns, in meetings to be legally warned,
and held on Tuesday the third day of November next, at
which meetings all persons qualified to vote for state
oflicers may give in their votes by ballot for or against said
articles of amendment ; and the same oflicers shall preside
in said meetings as in meetings for the choice of state
officers, and shall in open meetings receive, sort, count
and declare the votes for and against the said articles of
amendment ; and the said votes shall be recorded by the
clerks of said cities and towns, and true returns thereof
shall be made out under the hands of the mayors and
aldermen, and of the selectmen, or a major part of them,
and of the clerks of said cities and towns, respectively,
and sealed up, and, within ten days after the said meet-
ings, transmitted to the secretary of the Commonwealth.
So far as the same can be made applicable, the provisions
of law applicable to the election of state officers shall apply
to the taking of the vote on said articles of amendment.

Resolved, That each of the said articles shall be con- To be voted
sidered as a distinct amendment, to be adopted in the mei'y?^^
whole or rejected in the whole, as the people shall think
proper. And every person qualified to vote as aforesaid
may express his opinion on each of said articles of amend-
ment, and the following words shall be printed on the
ballot, to wit : —

First Article of Amendment : Shall the pro-
posed amendment to the constitution establish-
ing biennial elections of state officers be approved
and ratified?

Second Article of Amendment : Shall the
proposed amendment to the constitution estab-
lishing biennial elections of members of the
general court be approved and ratified? And each article
that shall appear to be approved by a majority of the per-

Yes.

No.

Yes.

No.

Questions to be
printed on
ballot.

630 Kesolves, 1896. — Chap. 72.

sons voting thereon shall be deemed and taken to be
ratified and adopted by the people.
^*br"la°mi'n°edf Resolved, That his excellency the governor, and the
s'c- council, shall forthwith open and examine the votes re-

turned as aforesaid ; and if it shall appear that said articles
of amendment, or either of them, have been approved by
a majority of the persons voting thereon, according to
the votes returned and certitied as aforesaid, the same
shall be enrolled on parchment, and deposited in the
secretary's office as a part of the constitution of this Com-
monwealth, and shall be published in immediate connec-
tion therewith, numbered according to their numerical
position, with the articles of amendment of the constitu-
tion heretofore adopted, in all future editions of the laws
of this Commonwealth printed by public authority,
raairprociama- Besolvecl, That his excellency the governor be, and
vote °^ '^^*"" °^ hereby is, authorized and requested to issue his proclama-
mation forthwith after the examination of the votes re-
turned as aforesaid, reciting said articles of amendment,
or either of them, and announcing that said articles, or
either of them, have been duly adopted and ratified by
the people of the Commonwealth, and thus become a part
of the constitution thereof, and requiring all magistrates
and officers and all citizens of the Commonwealth to take
notice thereof and govern themselves accordingly, or that
said articles, or either of them, have been rejected, as the
case may be.
foTt/anT'^"' liemlved. That a printed copy of these resolves, includ-
mitted to cities j^^p ^\^q gj^j^j articlcs of amendment, shall be transmitted

and towns. » r* i /~\

as soon as may be by the secretary of the Commonwealth
to the mayors and aldermen of the several cities and to
the selectmen of the several towns of the Commonwealth.

Approved Aptril 17^ 1896.

Chaj). 72 Resolve providing for certain repairs and improvements at

THE TAUNTON LUNATIC HOSPITAL.

ho^p'ilai! ^""^"^ Resolved, That there be allowed and paid out of the
treasury of the Commonwealth a sum not exceeding
twenty thousand eight hundred and seventy-nine dollars,
to be expended at the Taunton lunatic hospital at Taunton
under the direction of the trustees and superintendent,
for the following purposes, to wit : — For enlarging the
straw barn, five hundred dollars ; for slating roof of the
large well house, four hundred dollars ; for concrete walks

Kesolves, 1896. — Chaps. 73, 74, 75. 631

in rear of hospital buildings, three hundred dollars ; for
ventilating the old wings of the hospital, five thousand
dollars ; for steam boiler, one thousand dollars ; for
changing workroom in rear center into dormitories for
employees, nine hundred dollars ; for enlarging chapel,
including heating, ventilating, painting and decorating,
and all the changes in rooms connected therewith, seven
thousand seven hundred and seventy-nine dollars ; and
for general repairs, five thousand dollars.

Approved April 22, 1896.

Resolve providing fok certain improvements at the state rjlinjy 7Q

INDUSTRIAL SCHOOL FOK GIRLS.

Resolved^ That there be allowed and paid out of the state industrial
treasury of the Commonwealth a sum not exceeding two ^"^ °° °^ ^" **
thousand nine hundred and sixty dollars, to be expended
at the state industrial school for skirls under the direction
of the trustees thereof, for the following purposes, to
wit : — For the purchase of pipe, hydrants, hose and
other connections and additions to the water works, two
thousand and sixty dollars ; for the construction of a pig-
gery, nine hundred dollars. Approved April 22, 1896.

Resolve to confirm the acts op charles g. allen as a njinrf) 74

JUSTICE OF THE PEACE.

Resolved, That all acts done by Charles G. Allen of charieso.

T-i ' 1- i>ji ii jij , Allen, justice or

rJarre as a justice oi the peace, between the twenty- the peace, acts
seventh day of January in the year eighteen hundred and *^°°^''™'^'^-
ninety-three and the ninth day of March in the same year,
are hereby confirmed and made valid to the same extent
as though he had been during that time qualified to dis-
charge the duties of said office.

Approved April 22, 1896.

Resolve to provide additional shop room at the state /y-r 7/r

PRISON. ^ '

Resolved, That there be allowed and paid out of the shop room at
treasury of the Commonwealth a sum not exceeding two ^'"'^p™""-
thousand dollars, to be expended by the warden of the
state prison under the direction of the general super-
intendent of prisons, in enlarging and extending the shop
room at said prison. Approved April 22, 1896.

632 Kesolyes, 1896. — Chaps. 76, 77, 78.

ChciV' 76 Resolve providing for certain repairs and improvements

AT THE WESTBOROUGH INSANE HOSPITAL.

westborough Eesolved, That there be allowed and paid out of the

insane nospital. ' '-

treasury of the Commonwealth a sum not exceedmg
twenty-six thousand four hundred and fift}' dollars, to be
expended at the Westborough insane hospital under the
direction of the trustees thereof, for the following pur-
poses, to wit: — A sum not exceeding fifteen hundred
dollars for improvements and repairs of farm buildings ;
a sum not exceeding twenty-five hundred dollars for an
addition to the laundry and furnishing the same ; a sum
not exceeding twenty-five hundred dollars for a coal shed
and enlarging the engine room ; a sum not exceeding one
thousand dollars for new refrigerators ; a sum not exceed-
ing five thousand dollars for new furniture and furnishings ;
a sum not exceeding one thousand dollars for cooking ap-
paratus for the new kitchen ; a sum not exceeding two
thousand dollars for two new boilers ; a sum not exceed-
ing nine hundred and fifty dollars for land purchased for
a new sewage field ; and a sum not exceeding ten thousand
dollars for the construction of a new system of drainage
and sewerage in accordance with the recommendation of
the state board of health. Apinoved April 27^ 1896.

GhCLV. 11 Resolve providing for surveys and other work connected

WITH THE CONSERVATION OF THE CONNECTICUT RIVER.

linTconnecUcuJ Resolvcd, That there be allowed and paid out of the
river. trcasury of the Commonwealth a sum not exceeding one

thousand dollars, to be expended by the harbor and land
commissioners in carrying out the provisions of chapter
three hundred and forty-four of the acts of the year
eighteen hundred and eighty-five, entitled "An Act in
relation to the conservation of the Connecticut river."

Approved April 27, 1896.

Chav 78 Resolve providing fob a codification of the statutes re-
lating TO ELECTIONS.

Codification of Resolvecl, That the secretary of the Commonwealth pre-

pare a codification of all the statutes in force relating to
the manner of conducting national, state and numicipal
elections ; and also relating to ballots, balloting, and the
manner of holdinsr and conductins: caucuses for the nom-

Kesolves, 1896. — Chap. 79. 633

ination of candidates to be voted for at such elections, in-
cluding all laws passed at this session of the legislature,
and report the same to the next general court. He shall
also report such changes and amendments in existing laws
as in his opinion may be advisable. He shall receive such
compensation therefor not exceeding the sum of three hun-
dred dollars, and may employ such clerical assistance to
an amount not exceeding two hundred dollars, as may be
approved by the governor and council.

Approved April 27, 1896.

Resolve granting a county tax fok the county of Norfolk. QTiQrtj 79

Resolved, That the county commissioners for the county county tax,
of Norfolk are hereby authorized to levy as the county ^°''^°'^-
tax of said county for the current year, in the manner
provided by law, the sum of one hundred affd twenty
thousand dollars, to be expended for the following pur-
poses, to wit : —

For interest on county debt, a sum not exceeding seven
thousand three hundred dollars.

For reduction of county debt, a sum not exceeding ten
thousand dollars.

For salaries of county officers and assistants, fixed by
law, a sum not exceeding ten thousand two hundred
dollars.

For salaries and expenses of district and police courts,
a sum not exceeding thirteen thousand dollars.

For salaries of jailers, masters and assistants, and sup-
port of prisoners in jails and houses of correction, in
excess of receipts, a sum not exceeding sixteen thousand
dollars.

For criminal costs in superior court, in excess of receipts,
a sum not exceeding eight thousand five hundred dollars.

For civil expenses in supreme and superior courts, a
sum not exceeding eleven thousand dollars.

For trial justices, a sum not exceeding five thousand
dollars.

For transportation expenses of county and special com-
missioners, a sum not exceeding three hundred dollars.

For medical examiners, inquests, and commitment of
the insane, a sum not exceeding two thousand seven hun-
dred dollars.

For auditors, masters and referees, a sum not exceeding
two thousand five hundred dollars.

634 Eesolves, 1896. — Chaps. 80, 81.

NorfoiV."^' ^<^^' repairing, furnishing and improving county build-

ings, a sum not exceeding three thousand five hundred
dollars.

For care, fuel, lights and supplies in county buildings,
other than jails and houses of correction, a sum not ex-
ceeding ten thousand two hundred dollars.

For highways, bridges and land damages, in excess of
receipts, a sum not exceeding five thousand dollars.

For clerical assistance in county ofiices, in excess of
receipts, a sum not exceeding eight thousand eight hun-
dred dollars.

For law libraries, a sum not exceeding five hundred
dollars.

For truant schools, in excess of receipts, a sum not
exceeding three thousand dollars.

For miscellaneous and contingent expenses, in excess
of receipts, a sum not exceeding two thousand five hun-
dred dollars. Approved April 27, 1896.

Chap. 80 Resolve relatfve to the state military and naval historian.
state military Resolved. That the governor and council are hereby

and naval .' ^ . ~ . _, .,.'^

historian. authorized to extend the appointment ot the state military

and naval historian for such further time, not exceeding
six months, as may be necessary to enable him to com-
plete his work, provided that no salary or compensation
shall be allowed to said historian on account of said exten-
sion of time. Approved April 27, 1896.

Ohnn 81 Resolve providing for the erection of two buildings at the

' MASSACHUSETTS SCHOOL FOR THE FEEBLE-MNDED AT WALTHAM.

MasBachusetts Resolved, That there be allowed and paid out of the
Feebleminded, trcasury of the CommoHwcalth a sum not exceeding sixty
thousand dollars, to be expended at the Massachusetts
School for the Feeble-minded at Waltham under the
direction of the trustees of said institution, for the pur-
pose of erecting two new buildings, in accordance with
the recommendations contained in the forty-eighth annual
report of the said trustees. No contracts shall be made
for the construction of either of the buildings hereby
authorized until the plans therefor have been approved by
the governor and council ; and such approval shall not be
given until plans and estimates in detail shall have been

Resolves, 1896. — Chaps. 82, 83, 84, 85. 635

submitted to the governor and council and they are satis-
fied that the cost of the said buildings will not exceed the
amount authorized to be expended by this resolve.

Ajiproved April 27, 1896.

Resolve authorizing the payment of sewer assessments on the ryi on

PROPERTY OF THE COMMONWEALTH IN THE CITY OF WORCESTER. -^ *

Resolved, That there be allowed and paid out of the sewerassesB.
treasury of the Commonwealth to the city of Worcester myof°tht?o°om-
the sum of four hundred nineteen dollars and five cents, wo°rTes^ter/^
on account of benefit to land held by the trustees of
the Worcester insane as^dum, and the further sum of
eighty-two dollars, on account of benefit to land of the
state normal school in Worcester, from sewers and drains
constructed in said city. Appn'oved April 27, 1896.

Resolve providing for the preparation of an index to the f-ii oo

MASSACHUSETTS ARCHIVES. yyilUj)' OO

Resolved^ That there be allowed and paid out of the index to Massa-
treasury of the Commonwealth a sum not exceeding twelve ar"hTveB.
hundred dollars, to be expended under the direction of the
secretary of the Commonwealth for preparing an alpha-
betical index to the volumes of miscellaneous papers added
to the Massachusetts archives collection durino- the years
eighteen hundred and ninety-four and eighteen hundred
and ninety-five. Apjiroved April 27, 1896.

Resolve relative to the battleship Massachusetts. OJinn S4

Resolved, That the governor and council be requested Battleship
and authorized to select and present to the government of Massachusetts.
the United States a suitable and appropriate gift to be
placed in the battleship Massachusetts, now in process of
construction, in recognition of the honor done the Com-
monwealth in the selection of the name of said battleship ;
and they are hereby authorized to expend a sum not ex-
ceeding two thousand dollars for said purpose.

Apj)roved April 27, 1896.

Resolve in favor of the manufacturers' agricultural so- rij^rij^ Q^n

CIETY in north ATTLEBOROUGH. ^

Resolved, That there be allowed and paid out of the Manufacturers'
treasury of the Commonwealth the sum of six hundred gomety id'^no.

Attleborough.

636 Resolves, 1896. — Chap. 86.

dollars to the Manufacturers' Agricultural Society in North
Attleborough, for a bounty for the year eighteen hundred
and ninety-five, being the amount which said society
would have been entitled to receive had it been incorpo-
rated by an act of the legislature.

Ajyproved April 28, 1896.

Chav. 86 Resolve relative to a state highway between the city or

BOSTON AND THE CITY OF NEWBURYPORT.

State highway Resolvecl, That the Massachusetts highway commission

and Newbury- cousidcr the expediency of laying out a state highway

^°"" between the city of Boston and the city of Salem or the

city of Newburyport, over the shore route, so-called, which

route may be described substantially as follows : —

Starting from the south ferry, at Lewis street, in Boston,
thence through Lewis street to Maverick square, thence
through Maverick square to Chelsea street, thence over
Chelsea street to Bennington street, thence over Benning-
ton street to Orient Heights, thence over the main travelled
road to the town of Revere, continuing on the main road
to Beachmont, continuing over the main travelled road,
known as Ocean avenue, along the ocean front to the
Point of Pines, crossing the Saugus river on the easterly
side of the Boston, Revere Beach and Lynn railroad and
running to the south end of Sea street in Lynn, thence
through Sea street to Broad street, thence through Broad
street to Lewis street, thence through Lewis street to New
Ocean street, thence througli New Ocean street to the
town of Swampscott, thence through New Ocean street,
in Swampscott, to the junction of Burrill street and Para-
dise road, thence over Paradise road to the northeast
end of said road, thence through Paradise woods on nearly
a straight line to Vinin square, at the junction of the
towns of Swampscott and Marblehead and the city of
Salem, thence northerly to Loring avenue in the city of
Salem, thence over Loring avenue to Lafayette street,
thence over Lafayette street to Central street, thence
over Central street to Essex street, thence through Salem
to and over Beverly bridge, thence through the city of
Beverly, and thence to Newburyport, using the present
travelled roads as far as may be, with such additions of
new road as may lie necessary. Said Massachusetts high-
way commission shall report to the next general court the

Kesolves, 1896. — Chap. 87. 637

probable cost of such a highway, with such other informa-
tion as may be obtained in relation thereto, on or before
the thirty-tirst day of January in the year eighteen hundred
and ninety -seven. Approved April 28, 1896.

Resolve providing for a consolidation and arrangement ok
the public statutes of the commonwealth.

Chap. 87

Resolved, That the governor, by and with the advice consolidation,
and consent of the council, shall appoint three able and puiJa/ sututeB.
discreet persons, learned in the law, to be commissioners
for consolidating and arranging the Public Statutes of the
Commonwealth which may be in force and operation at
the time such commissioners may make their tinal report
of their doings in the premises. Such commissioners shall
carefully collect under diflerent titles and chapters, upon
the basis, plan and general form and method of the Public
Statutes, all acts and pails of acts relating to the same
subject ; and shall execute and complete such consolidation
and arrangement in such manner as in their judgment will '
render the said Public Statutes most concise, plain and in-
telligible. The commissioners may, in consolidating and
arranging the statutes, omit redundant enactments, and
those which may have ceased to have any eflect or influence
on existing rights ; reject superfluous words, and condense
into as concise and comprehensive a form as is consistent
with a full and clear expression of the will of the legis-
lature, all circuitous, tautological and ambiguous phrase-
ology ; suggest any mistakes, omissions, inconsistencies
and imperfections w^iich may appear in the laws to be con-
solidated and arranged, and the manner in which they may
be corrected, supplied and amended. The commissioners
shall indicate by brief marginal notes and references, the
statutes, chapters and sections consolidated and arranged
by them, the substance of the contents of each section, and
the leading and prominent judicial decisions upon the
same. They shall complete the said consolidation and
arrangement, and make and present their final report, in
print, to the legislature, as soon as may be. Said commis-
sioners shall receive such compensation from the treasury
of the Commonwealth as the governor and council shall
determine. Approved April 28, 1890.

638 Resolves, 1896. — Chaps. 88, 89, 90.

ChctV' 88 Resolve to pkovide for printing additional copies of the

REPORT OF THE METROPOLITAN DISTRICT COMMISSION.

^eport^of met. Resolved, That twenty-five hundred additional copies
trictcom- of the repoi't of the metropolitan district commission be

printed, to be distributed under the direction of the secre-
tary of the Commonwealth ; and that there be allowed and
paid from the treasury of the Commonwealth a sum not
exceeding three hundred dollars to meet the expense of the
sixteen hundred copies of the report of said commission
already printed in excess of the number authorized by law.

A];)proved April 28, 1896.

Chap. 89 Resolve providing for certain repairs and improvements at

THE STATE FARM AT BRIDGEWATER.

State farm. Resolvecl , That there be allowed and paid out of the

treasury of the Commonwealth a sum not exceeding thirty-
four thousand two hundred dollars, to be expended at the
state farm at Bridgewater under the direction of the trus-
tees and superintendent thereof, for the following purposes,
to wit : — For an extension of the prison department to
contain not less than twenty large strong rooms, and a
workshop to contain not less than seven thousand square
feet of floor, heating, plumbing and furnishing included,
and all necessary yard and connecting walls for the same, a
sum not exceedinor eighteen thousand five hundred dollars ;
for increasing the administration accommodations of the
asylum for insane criminals, renewing the plumbing in
east and west wings and enlarging the hot water system of
said asylum, a sum not exceeding ten thousand dollars ; for
additional laundry machinery and a sterilizer, a sum not
exceeding thirty-two hundred dollars ; for extending elec-
tric lighting and a system of arc lights for the yards, and
one additional boiler, a sum not exceeding twenty-five
hundred dollars. Approved May 2, 1896.

CJiav 90 Resolve to provide for improvements at the state normal

SCHOOL AT FRAMINGHAM.

State normal Resolvecl, That there be allowed and paid out of the treas-

BChool at 1 ^ 111 £' 1 • 1 1

Framingham. ury of the Commouwealth the sum oi thirty-one thousand
dollars, to be expended under the direction of the state
board of education for the purpose of making the follow-
ing improvements at the Framingham normal school : —

Resolves, 1896. — Chaps. 91, 92, 93. 639

Providing an electric light and power plant, heating and
ventilating the buildings, erecting a boiler house, provid-
ing blackboards, electric clocks and gymnastic apparatus,
and painting May Hall. A^oproved 3fay 2, 1896.

Resolve to provide for grading the grounds and furnish- ryj,^^ q-i

ING AND FITTING THE NEW NORMAL SCHOOL BUILDINGS. ^ *

Resolved, That there be allowed and paid out of the New normal
treasury of the Commonwealth, for the purpose of grading ^^^°°> *^"^'<^-
the grounds, furnishing and fitting for occupancy the new
normal school buildings, a sum not exceeding the follow-
ing amounts : — Hyannis, twenty-five thousand dollars ;
Fitchburg, thirty-five thousand dollars ; Lowell, fifty
thousand dollars ; North Adams, twenty-five thousand
dollars; Salem, forty-three thousand dollars; these said
amounts to be expended under the direction of the state
board of education. Approved May 2, 1896.

Resolve to provide for improvements and repairs at the (^jjfj^ QO

STATE almshouse. "'

Resolved, That there be allowed and paid out of the state aims.
treasury of the Commonwealth a sum not exceeding fifty- ^°"*®"
six thousand four hundred dollars, to be expended at the
state almshouse under the direction of the trustees thereof,
for the following purposes : — For the consolidation of the
boiler plant, including three new boilers, new building,
new engine and dynamo, and change in piping, nineteen
thousand seven hundred dollars ; for the purchase of land,
four thousand two hundred dollars; for a new barn, three
thousand two hundred dollars ; for summer houses for
the asylum yard, and two thousand lineal yards of con-
crete, four thousand dollars ; for building a brick wall, one
thousand five hundred dollars ; for furnishing the new
women's asylum, three thousand eight hundred dollars ;
and for a home training school for nurses, twenty thou-
sand dollars. Api^rovedMay 2, 1896.

Chap. 93

Resolve relative to the industries at the state prison
and reformatories.

Resolved, That there be allowed and paid out of the industries at
treasury of the Commonwealth the sum of one hundred rlfwmato°r°eB."*^
thousand dollars, to be expended under the direction of
the general superintendent of prisons for maintaining the

640 ' Kesolves, 1896. — Chaps. 94, 95, 96.

industries at the state prison, the Massachusetts reforma-
tory and the reformatory prison for women for the current
year ; said sum to be in addition to the amounts already
appropriated for said purpose. Approved May 5, 1896.

Ghan. 94 Resolve to provide for repairs at the reformatory prison

FOR WOMEN.

pdlorC^ Resolved, That there be allowed and paid out of the

women. treasury of the Commonwealth a sum not exceeding two

thousand eight hundred dollars, to be expended at the
reformatory prison for women under the direction of the
commissioners of prisons, for the following purposes, to
wit: — For erecting and repairing farm buildings, a sum
not exceeding fifteen hundred dollars ; for a new boiler, a
sum not exceeding thirteen hundred dollars.

Api^roved May 2, 1896.

(Jhan. 95 Resolve to provide for the protection of the town of

AGAWAM against THE FURTHER ENCROACHMENTS OF THE CON-
NECTICUT RIVER.

Protection of Resolved, That there be allowed and paid out of the

Agawam p i z-i 11 1 i i 1

against en- trcasuiy 01 the Commonwealth, to be expended under the

croachments of -,• ,. x» j_i 1 n i' 1 i 1 ^ \ • •

Connecticut dircctiou ot the board oi harbor and land commissioners.

river.

in pursuance of the provisions of chapter three hundred
and forty-four of the acts of the year eighteen hundred
and eighty-five, the sum of fifteen hundred dollars, for
such surveys and examinations and for such protective
works as may be found necessary and practicable to pro-
tect the western bank of the Connecticut river in the town
of Agawam, and the highway near said bank, from the
further encroachments of said river. '

Apjiroved May 2, 1896.

Chan. 96 Resolve directing the state board of education to report

A PLAN FOR CARRYING INTO EXECUTION ITS RECOMMENDATIONS
RELATIVE TO SCHOOL ATTENDANCE AND TRUANCY.

School attend- Besolved, That the state board of education is hereby
truancy. directed to report to the next general court a plan for

carrying into execution the recommendations submitted
by said board in its report on the subject of school attend-
ance and truancy, made in conformity with the require-
ments of chapter forty-seven of the resolves of the year

Resoltes, 1896. — Chaps. 97, 98. 641

eighteen hundred and ninety-five. A sum not exceeding
five hundred dollars shall be allowed and paid out of the
treasury of the Commonwealth for such expenses actually
incurred as may be necessary to carry out the provisions
of this resolve. Approved May 5, 1890.

Chap. 97

Resolve in favor ov the Massachusetts charitable eye and
ear infirmary,

Resolved, That there be allowed and paid out of the treas- MasBachusette
ury of the Commonwealth to the Massachusetts Charitable an'd E^^'r^'infli-m.
Eye and Ear Infirmary the sum of one hundred thousand "'"^'
dollars, to be expended under the direction of the managers
thereof on account of the cost of construction of a new
hospital building for said infirmary : provided, that if the
real estate situated near North Charles street and adjoin-
ing the Massachusetts General Hospital, in the city of
Boston, which is to be bought and on which said new
building is to be erected, shall ever cease to be used for
the purposes of said institution, or if the building to be
constructed on said land shall not be completed before the
first day of January in the year nineteen hundred and one,
the said institution shall repay to the Commonwealth the
amount above appropriated ; and provided, further, that
said sum shall be paid to said institution when it has satis-
fied the treasurer of the Commonwealth that it has secured
the title to not less than twenty thousand ^eet of the land
above-mentioned, provided, however, that no more than
fifty thousand dollars shall be paid to said institution
during the year eighteen hundred and ninety-six.

Ajyproved May 9, 1896.

Resolve in favor of the Massachusetts agricultural college. r'Jfrfj) 0«

Resolved, That there be allowed and paid out of the Massachusetts
treasury of the Commonwealth a sum not exceeding thir- cliVeg'e.'"'^"'
teen thousand nine hundred dollars, to be expended at the
Massachusetts Agricultural College under the direction of
its trustees, for the following purposes, to wit: — For re-
pairing damage occasioned by the hail-storm of September
eleventh, eighteen hundred and ninety-five, a sum not ex-
ceeding one thousand two hundred dollars ; for repairing
the spire of the chapel, a sum not exceeding two hundred
dollars ; for the purchase and improvement of the Clark
property, a sum not exceeding five thousand five hundred

642 Resolves, 1896. — Chap. 99.

dollars ; and for extending the laboratories of the experi-
ment department, a sum not exceeding seven thousand
dollars. From and after the first day of January in the
year eighteen hundred and ninety-seven there shall be
allowed and paid annually from the treasury of the Com-
monwealth, in accordance with chapter nineteen of the
resolves of the year eighteen hundred and ninety-two,
for the term of four years, the sum of ten thousand dol-
lars, for the following purposes, to wit: — Five thousand
dollars for the continuance of a labor fund to assist needy
students of said college ; and five thousand dollars to pro-
vide the theoretical and practical education required by its
charter and the law of the United States relating thereto.
Said sums shall be paid in equal quarterly payments.

Approved May 15, 1896.

ChctV' 99 Resolve to provide for publishing a report of the public

EXERCISES COMMEMORATIVE OF FREDERIC T. GREENHALGE, LATE
GOVERNOR OF THE COMMONWEALTH.

^xTrciees^om. Hesolved, That there be allowed and paid out of the
™emorative of trcasury of the Commonwealth a sum not exceeding one
Greenhaige. thousaud dollars, to meet the expense of publishing the
report of the public exercises held under the direction of
the executive and legislative departments of the Common-
wealth, commemorative of the life and public services of
Frederic T. Greenhaige, late governor of the Common-
wealth. Said report shall be printed under the direction
of the secretary of the Commonwealth and shall include
a portrait of the late governor, the introductory remarks
by His Honor Lieutenant Governor Roger Wolcott, the
prayer ofi'ered by the Reverend Edward Everett Hale and
the eulogy pronounced by United States Senator Henry
Cabot Lodge, also an appendix wherein shall be printed
the programme at the public exercises, and the resolutions
adopted by the legislature. There shall be printed a
sufiicient number of copies thereof to be distributed as
follows : — To the family of the late governor, twenty-
five copies, to the lieutenant governor, members of the
executive council, the secretary, treasurer, auditor, and
attorney-general of the Commonwealth, ten copies each,
and to the secretaries and messengers of the executive
department, one copy each. To each member and oflBcer
of the general court for the year eighteen hundred and

Resolves, 1896. — Chaps. 100, 1@1. 643

ninety-six, ten copies. To each messenger and page of
the general court, and to each state house watchman and
elevator man, one copy. To each reporter regularly
assigned a seat in the reporters' gallery, one copy. To
the orator and chaplain of the day, twenty-five copies
each. To each senator and representative from the Com-
monwealth in the congress of the United States, one
copy. To the state library, twenty copies. To each
free public library in the Commonwealth, one copy. To
each city and town of the Commonwealth in which there
is no free public library, one copy. To each historical
society in the Commonwealth, one copy. To each state
and territory in the United States, one copy. To the
secretary of the Commonwealth for distribution at his
discretion, two hundred copies.

Approved May 15, 1896.

Resolve to provide for carrying on the work of the
suppression of the gypsy moth.

ChaplOO

Resolved, That there be allowed and paid out of the suppression of
treasury of the Commonwealth a sum not exceeding one ^ ^^^"^ ™
hundred thousand dollars, to be expended under the
direction of the state board of agriculture for continuing
the work of the suppression of the gypsy moth, within
the Commonwealth, as provided for in chapter two hun-
dred and ten of the acts of the year eighteen hundred and
ninety-one. No part of the above appropriation shall be
paid by the state board of agriculture to any person not a
citizen of this Commonwealth. The above sum shall be
in addition to any balance remaining unexpended of the
appropriation made in the year eighteen hundred and
ninety-five. Approved May 21, 1896.

Resolve providing for an investigation of the subject of /^J^^^ilOl

THE ventilation OF RAILROAD AND STREET RAILWAY CARS. ^ *

Resolved, That the board of railroad commissioners are ventuation of
hereby instructed to make an investigation into the gen- ete.'^'"* '^^ *'
eral subject of the ventilation of passenger cars used on
steam railroads and street railways, including an investi-
gation into the systems of ventilation now in use and
other systems, with special reference to the question
whether there are any systems of ventilation which should
be adopted in whole or in part by railroad and street rail-

6U Kesoltes, 1896. — Ghaps. 102, 103, 104

way corporations in this Commonwealth. Said board shall
report in print the result of their investigation, with their
recommendations, if any, to the next general court on or
before the first Wednesday of February in the year
eighteen hundred and ninety-seven.

Ajiproved May 25, 1896.

Ch(ip.\02i Resolve providing for the payment of expenses in connection

WITH THE establishment OF THE BOUNDARY LINE BETWEEN THE
COMMONWEALTH OF MASSACHUSETTS AND THE STATES OF NEW
HAMPSHIRE AND VERMONT.

be't^em'VMsa- Hesolved, That there be allowed and paid out of the
n'araMhir^lnd trcasury of the Commonwealth a sum not exceeding live
Vermont. thousaud dollars, for expenses in connection with the
settlement of the boundary line between the Common-
wealth of Massachusetts and the states of New Hampshire
and Vermont, as provided for by chapter one hundred and
six of the resolves of the year eighteen hundred and ninety-
five. Approved June 3, 1896.

CJiCip-1.03 Resolve in favor of elijah smith.

Elijah Smith. Resolved, That there be allowed and paid out of the

treasury of the Commonwealth the sum of one hundred
dollars to Elijah Smith of Easton, a veteran who served
in the United States navy in the war of the rebellion to
the credit of the town of Easton, and who never received
a bounty for said service. The sum allowed by this re-
solve shall be paid only to the beneficiary named herein
or to his executor or administrator.

Ap)proved June 5, 1896.

CJiap.1.04: Resolve in favor of joiin h. lamson.

i°^\fn Hesolved^ That there be allowed and paid out of the

treasury of the Commonwealth the sum of one hundred
and thirty-five dollars to John H. Lamson, a veteran who
served in the United States army in the war of the rebel-
lion to the credit of the town of Quincy, and who never
received a bounty for said service. The sum allowed by
this resolve shall be paid only to the beneficiary named
herein or to his executor or administrator.

Approved June 5, 1896.

Resolves, 1896. — Chaps. 105, 106, 107, 108. 645

Resolve in favor of james n. tolman. Chav.lOo

Resolved, That in recognition of the long and faithful James n.
service of James N. Tolman a messenger in the sergeant-
at-arms' department, who has been employed therein as
watchman, sergeant-at-arms' messenger, and in charge of
the legislative document room, for nearly fifty years, and
who is now afflicted with a disease which incapacitates him
from further service, the sergeant-at-arms be allowed to
continue the said James N. Tolman on his pay roll for
the term of one year from the fourth day of June in the
year eighteen hundred and ninety-six, at the rate of six
hundred dollars per year, which sum shall be paid out of
the treasury of the Commonwealth to the said James N.
Tolman monthly, and in case of his death the same sum
per month shall be paid to his widow to the end of the
year above-specified. Approved June 5, 1896.

Resolve in favok of ellis k. holbrook. (7/?-aw.l06

Besolved, That there be allowed and paid out of the eihb r.
treasury of the Commonwealth the sum of one hundred
and twenty-five dollars to Ellis R. Holbrook ; said Hol-
brook being a veteran who served in the United States
army in the war of the rebellion to the credit of the town
of West Bridgewater, and who never received a bounty
for said service. The sum allowed by this resolve shall
be paid only to the beneficiary named herein or to his
executor or administrator. Approved June 3, 1896.

Resolve in favor of william gibbons. Ohnii 107

Resolved, That there be allowed and paid out of the wiuiam
treasury of the Commonwealth the sum of one hundred *^'^^°°*-
and twenty-five dollars to William Gibbons, a veteran
who served in the United States army in the war of the
rebellion to the credit of the town of Natick, and who
never received a bounty for said service. The sum allowed
by this resolve shall be paid only to the beneficiary named
herein or to his executor or administrator.

Approved June 4, 1896.

Resolve in favor of Sylvester av. russell. Ohnrt 108

Resolved, That there be allowed and paid out of the Sylvester w.
treasury of the Commonwealth the sum of one hundred ^^"**^"-

646 Resolves, 1896. — Chaps. 109, 110, 111.

dollars to Sylvester W. Russell ; said Russell being a
veteran who served in the war of the rebellion to the
credit of the town of North Bridgewater, and who never
received a bounty for said service. The sum allowed by
this resolve shall be paid only to the beneficiary named
herein or to his executor or administrator.

Approved June 4, 1896.

Chav.^OQ Resolve in favor of olive a. churchill.

Olive A. Resolved, That there be allowed and paid out of the

treasury of the Commonwealth the sum of one hundred
dollars to Olive A. Churchill, widow of S. Sylvester
Churchill; said S. Sylvester Churchill being a veteran
who served in the United States army in the war of the
rebellion to the credit of the town of North Bridgewater,
and who never received a bounty for said service. The
sum allowed by this resolve shall be paid only to the
beneficiary named herein or to her executor or adminis-
trator. Approved June 4, 1896.

C7)rtr) 110 Resolve in favor of giles r. Alexander.

Giles R^ Resolved, That there be allowed and paid out of the

treasury of the Commonwealth the sum of one hundred
and sixty dollars to Giles R. Alexander, a veteran who
served in the United States army in the war of the re-
bellion to the credit of the town of Bridgewater, and who
never received a bounty for said service. The sum
allowed by this resolve shall be paid only to the bene-
ficiary named herein or to his executor or administrator.

Approved June 4, 1896.

Alexander.

CJiap.lW

Resolve to authorize the appointment of a commission to
inquire into the expediency of revising and amending
the laws ok the commonwealth relating to taxation.

commisBionto Resolved, That the governor, by and with the advice
JeiatinlTt^* and consent of the council, appoint a commission of five
taxation. persous to obtain, collate and report facts concerning

taxation, present a summary of conclusions to be drawn
therefrom, and suggest any changes advisable in the laws
of the Commonwealth relating to taxation. They shall
have authority to em})loy assistance and to send for per-
sons and papers ; and their necessary expenses so far as
approved by the governor and council, together with such

Resolves, 1896. — Chaps. 112, 113, 114. 647

compensation to the members as shall be determined by
the governor and council, shall be paid from time to time
from the treasury of the Commonwealth. They shall
make and present their final report to the governor and
council not later than the first day of October in the year
eighteen hundred and ninety-seven. Two thousand copies
of said report shall be printed, one copy of which shall
be sent by the secretary of the Commonwealth to each
of the members elect of the general court for the year
eighteen hundred and ninety-eight, when elected, and the
remainder shall be distributed in such manner as the com-
missioners shall determine. Apjyroved June 4, 1896.

Chap.112

Resolve relative to the carriage of bicycles by railroad
corporations.

Resolved^ That the board of railroad commissioners is carriage of
hereby instructed to investigate and determine upon what ra^froads/
terms and conditions bicycles should be carried within
this Commonwealth by railroad corporations under the
supervision of said board ; to recommend to said railroad
corporations such changes in their present rules relative
thereto as the board may think desirable for the public
interest ; and to report to the general court what legisla-
tion, if any, the board may think advisable in regard to
such carriage of bicycles. Approved June 4, 1896.

Resolve providing for the preparation of a schedule of /^^^y^llQ

FORMS OF pleadings IN CRIMINAL CASES. "'

Resolved, That the governor by and with the advice and pufa'dfuKs in
consent of the council shall appoint three persons learned '^"mi"''' <=»«^«-
in the law to investigate and report upon a plan for the
simplification of criminal pleadings, and to prepare a
schedule of forms of pleadings to be used in criminal
cases. They shall make a report in print of their doings
to the next general court. They shall receive such com-
pensation from the treasury of the Commonwealth as the
governor and council shall determine.

Approved June 4, 1896.

Resolve to provide for the establishment of a fish hatch- /^^^^ 114^

ERY in the western PART OF THE COMMONWEALTH. -^'

Resolved, That there be allowed and paid out of the Fish hatchery
treasury of the Commonwealth a sum not exceeding three J," liTe^common-

wealtb.

648 Kesolves, 1896. — Chaps. 115, 116, 117.

thousand dollars, to be expended under the direction of
the commissioners on inland fisheries and game for the
purpose of establishing and maintaining in the western
part of the Commonwealth a hatching house for the prop-
agation of trout, salmon and shad, and for the purchase
and erection of buildings necessary for that purpose.

Ajyproved June 4, 1896.

Chap.1^15 Resolve in favor of certain veterans of the town of

BRIDGEWATER.

on'he^own T' Resolved, That there be allowed and paid out of the
Bridgewater. trcasury of the Commonwealth the sum of one hundred
and sixty dollars each to the following named persons :
Charles W. Wilber, Marcus Holmes, Freeman Holmes,
Charles E. Porcheron, Cornelius B. Holmes, William
Holmes, Preston Hooper, Francis E. Allen and George
F. Dunbar, said persons being veterans who served in the
United States army in the war of the rebellion to the credit
of the town of Bridgewater, and who never received a
bounty for said service. The sum allowed by this resolve
shall be paid only to the beneficiaries named herein or to
their executors or administrators.

Approved June 4, 1896.

Chap.WQ Resolve in favok of andreav j. mokton.

uo^tllZ'^' ^Vliereas, Andrew J. Morton after having served as

first clerk in the office of the tax commissioner for thirty-
one years, resigned his position in August last past by
reason of ill health ; therefore

Resolved, That in recognition of his long and faithful
service there be allowed and paid out of the treasury of
the Commonwealth to the said Andrew J. Morton the sum
of one thousand dollars. Approved June 5, 1896.

Chap.Wi Resolve in favor of certain veterans of the town of

MELROSE.

ofthe town oT^ R^solvcd, That there be paid out of the treasury of the
Melrose. Commouwcalth to the following named persons the sums

placed after their names respectively ; said persons being
veterans or heirs or legal representatives of veterans who
served in the United States army in the war for the sup-
pression of the rebellion, to the credit of the town of
Melrose, the within claim arising from a vote of said town

Resolves, 1896. — Chap. 118. 649

passed on the sixth day of May in the year eighteen hun- certain veterans
dred and sixty-one: Edwin A. Andrews, three hundred Meirose.^" °
and sixty dollars ; Elizabeth J. Barron, Bertha M. Arm-
strong, heirs at law of Henry Barron, five hundred and
forty-seven dollars and fifty cents ; Eleanor Batchelder,
William B. Batchelder, heirs at law of George W. Batch-
elder, four hundred and thirty-four dollars ; Abbie A.
Chandler, Frank A. Chandler, Herbert W. Chandler,
Henry I. Chandler, heirs at law of Roswell W. Chandler,
one hundred and eighty dollars ; Jacob M. Ellis, four
hundred and fifty-seven dollars and fifty cents ; John C.
Grover, three hundred and fifty-six dollars ; Henry H.
Jones, three hundred and sixty dollars ; Cushing W. Lit-
tlefield, one hundred and eighty-six dollars ; Sherman
Lynde, five hundred and fifty-eight dollars ; James Macey,
three hundred and sixty- three dollars ; Horace E. Morse,
sole heir at law of George J. Morse, five hundred and
thirty-five dollars ; Thomas J. Munn, three hundred and
sixty dollars ; Torrey Peabody, Jr., five hundred and thirty-
two dollars and fifty cents ; Daniel S. Pratt, three hundred
and sixty dollars ; Albert F. Shelton, one hundred and
seventy-nine dollai's ; Hannah G. Simonds, sole heir af
Joseph R. Simonds, five hundred and forty dollars ; Sam-
uel Sprague, Jr., three hundred and seventy-two dollars;
Thomas B. Stantial, one hundred and forty-nine dollars ;
Sarah E. Stilphen, Elva F. Stilphen, Florence A. Stil-
phen, heirs at law of John E. Stilphen, five hundred and
sixty-four dollars ; George A. Tainter, three hundred and
ten dollars ; Edward H. Whitney, three hundred and sixty-
one dollars ; W^illiam Wyman, three hundred and twenty-
six dollars and sixty-seven cents. The money allowed by
this resolve shall be paid only to the beneficiaries named
herein or to their executors or administrators.

Ajyproved June 9, 1896.

Chap.118

Resolve to provide for the purchase of additional prop-
erty FOR THE LYMAN SCHOOL FOR BOYS.

Resolved, That there be allowed and paid out of the Lyman school
treasury of the Commonwealth a sum not exceeding eight '""^ ^°^*"
thousand five hundred dollars, to be expended under the
direction of the trustees of the Lyman school for boys, for
the purchase of the so-called Flagg farm in the town of
Berlin, and for the proper repairing and furnishing of
the buildings situated thereon. Approved June 9, 1890.

650 Besolves, 1896. — Chaps. 119, 120.

(7Aay).119 Resolve providing for the placing in the state house of a

BUST of SAMUEL F. SMITH, AUTHOR OF THE HYMN " AMERICA ".

F^sn^th*™"^' Resolved, That there be allowed and paid out of the
treasury of the Commonwealth a sum not exceeding one
thousand dollars for a life size marble bust of Samuel F.
Smith, author of the hymn "America", to be executed
by such person as the governor may select, and to be
placed in the state house. Approved June 9, 1896.

(J Jiap, 120 Resolve in favor of certain veterans of the town of

STONEIIAM.

of tifJ^owno?" Resolved, That there be allowed and paid out of the
stonehani. trcasury of the Commonwealth the sum of one hundred
and twenty-iive dollars each to the following named per-
sons : Chester W. Green, United States Navj'- ; Henry
Howard, John E. La Claire, Jason D. Washburn, Peter
Nolon, Leonard F. Green, Humington Porter, Edward
McGrady, James H. Broughton, William O. Ward, Charles
L. Nash, Oliver L. Childs, William H. Burdick, Solan A.
Bryant, Samuel Berry, junior, and Albert Jenkins, all of
the thirteenth Massachusetts volunteers ; Benj. W. Jones,
first battalion heavy artillery ; Thomas Kelley, nineteenth
Massachusetts volunteers ; Samuel I. Dodge, first com-
pany sharpshooters, Massachusetts volunteers ; Augustus
F. Stevens, sixth Massachusetts light battery ; David H.
Tilton, first battalion heavy artillery ; Eben B. Lawrence,
second company sharpshooters, Massachusetts volunteers ;
Benjamin J. Burdick, second company sharpshooters,
Massachusetts volunteers ; George W. Young, second
company sharpshooters, Massachusetts volunteers ; Wil-
liam H. Marden, second company sharpshooters, Mas-
sachusetts volunteers ; Nathan M. Walton, fifty-ninth
Massachusetts volunteers ; Henry Poor, sergeant major,
seventeenth Massachusetts volunteers ; Andrew J. Green,
ninety-ninth New York volunteers ; George W. Marsh,
thirteenth Massachusetts volunteers ; Edward W. Blandin,
seventeenth Massachusetts volunteers ; John E. Frederick,
first battalion heavy artillery ; said persons being veterans
who served in the United States army or navy in the war
of the rebellion to the credit of the town of Stoneham,
and who never received a bounty for said service. The
sum allowed by this resolve shall be paid only to the
beneficiaries named herein or to their executors or ad-
ministrators. Approved June 9, 1896.

Resolves, 1896. — Chaps. 121, 122, 123, 124. 651

Resolve in favor of calvin francis harlow. Chap.121

JResolved, That there be allowed and paid out of the caivin Francia
treasury of the Commonwealth the sum of one hundred
and twenty-five dollars to Calvin Francis Harlow ; said
Harlow being a veteran who served in the United States
army in the war of the rebellion to the credit of the town
of East Bridgewater, and who never received a bounty for
said service. The sum allowed by this resolve shall be
paid only to the beneficiary named herein or to his executor
or administrator. Approved June 9, 1896.

Resolve to confirm the acts of fredrik peterson as a (JJia7),V2i2t

JUSTICE of the peace.

Resolved, That all acts done by Fredrik Peterson as a Fredrik Peter-
justice of the peace, between the sixteenth day of January the'peaceracts
in the year eighteen hundred and ninety-six and the thir- *=°°^'''"^^-
tieth day of April in the year eighteen hundred and ninety-
six, are hereby confirmed and made valid to the same extent
as though he had been during that time qualified to dis-
charge the duties of said office. Approved June 9, 1896.

Chap.123

Resolve to confirm the acts of moses h. ames as a justice
of the peace.
Resolved, That all the acts done by Moses H. Ames of Moses H.Ames,

-r . . ,. , , , justice of the

Lawrence as a justice oi the peace, between the twenty- peace, acts
fourth day of December in the year eighteen hundred and "^"^ ^°^^
ninety-one and the fourteenth day of September in the
year eighteen hundred and ninety-two, are hereby con-
firmed and made valid to the same extent as though he
had been during that time qualified to discharge the duties
of said oflSce. Ajyproved June 9, 1896.

Resolve authorizing and directing the state house con- rii^f.^ 1 04.
struction commission to provide temporary accommoda- -^ *

tions for the senate.

Resolved, That the state house construction commission Temporary
is hereby authorized and directed to provide temporary uonTfTilTe
accommodations for the senate and its officers in that part ^'^°'"^-
of the recent addition to the stats house which is known
as the Bryant addition ; such accommodations to be ready
for occupancy by the senate next to be chosen ; and that
for the purpose herein specified said commission is author-
ized to expend a sum not exceeding ten thousand dollars.

Approved June 9, 1896.

652 Resolutions.

RESOLUTIONS.

Resolutions relative to the navigation of the Connecticut

RIVER.

Navigation of^^ WJtereas, It is desirable that the attention of congress
river. should be Called to the urgent need of re-opening the

Connecticut river, running through the states of Massa-
chusetts and Connecticut, to navigation, as far up said
river as the cities of Springfield and Holyoke in said
Commonwealth, for the following reasons : —

First, because the re-establishing of navigation on the
Connecticut river will restore to said river the shipping
industry that formerly made up a large part of the busi-
ness of Springfield.

Second, because the Connecticut river is the largest and
most important river in New England.

Third, because navigation on the Connecticut river
would enable the general government to reach by water
its arsenal and armory at Springfield.

Fourth, because by the opening of navigation on said
river the general government would save thousands of dol-
lars annually in freight charges.

Fifth, because by making said river navigable millions
of dollars would be saved in freight charges to the people
living along its banks.

Sixth, because it would benefit a territory populated by
more than five hundred thousand inhabitants.

Seventh, because it would advance the prosperity of a
section of the Commonwealth of Massachusetts that is in-
creasing in population with marked rapidity.

Eighth, because by removing the present obstructions
that impede navigation, as well as the natural flow of the
river, the health of the people living along its borders
would be less liable to the dangers of malaria, resulting
from the overflow of the said, river, in the spring of the
year, caused by said obstructions.

Resolutions. 653

Ninth, because by making said river navigable, it would Navigation of

.' .•^, ?, - 1 '^^ Connecticut

again turnish an inexhaustible supply of shad and other "^er.
migratory fish, which formerly contributed to the yield of
food for the inhabitants, and which are now totally un-
known in its waters on account of said impediments to
navigation ; and

Tenth, because said Connecticut river being a natural
water highway, the people's rights to its use as such should
not only be protected, but such improvements should be
made as would make more valuable their inherent rights
to such a highway.

Resolved^ That our Commonwealth cannot be true to
herself if she remains silent or inactive when her rights
are encroached upon by acts within or without her borders.

Resolved^ That the people of this Commonwealth have
just cause of complaint on account of the existing impedi-
ments to navigation on the Connecticut river, inasmuch as
said river is a navigable body of water in law as it would
be in fact, were it not for the artificial obstructions placed
in the way of such navigation.

Resolvedf That the inactivity of our Commonwealth in
protecting the inherent rights of her citizens in the great
water highway which she has recently taken under her
protection is a manifest injustice to those citizens who
would save millions of dollars by the opening of said river
to navigation.

Resolved, That our senators and representatives in con-
gress be requested to use their best endeavors to urge
upon congress the importance and justice of re-opening
the Connecticut river to navigation as far up as the cities
of Springfield and Holyoke.

Resolved, That the secretary of the Commonwealth be
requested to forward a copy of these resolutions, properly
attested, to each of our senators and representatives in
congress.

In Senate, adopted, February 5, 1896.

In House of Representatives, adopted in concurrence, February
6, 1896.

Resolutions relative to the improvement of boston harbor.

WJier^eas, The Commonwealth of Massachusetts has improvement of
ever been in favor of all improvements relating to rivers ^°'"*°° harbor.
and harbors which have been of national importance ; and

654 Resolutions.

B3o°n hM^bor*!' ^^^^ Uniformly, by the votes of her senators and represent-
atives, helped in securing the appropriations requisite for
such improvements, and

Whereas, There is at this time no expenditure more
imperatively needed, or of greater national importance,
than that required for the improvement of Boston harbor,
by providing ample water-ways and safe approaches for
the growing commerce of Boston and for the largely in-
creased size for modern steamships ;

Resolved, That the general court requests the senators
and representatives of this Commonwealth in congress to
use their best efforts to procure the passage of such legis-
lation as may be necessary to secure needftil improve-
ments in Boston harbor, by the appropriation of a sum of
money adequate for deepening, straightening and widen-
ing existing channels as far as the Charlestown navy yard,
to the depth of thirty feet at mean low water and to the
width of not less than twelve hundred feet, and for open-
ing a fair water-way for vessels of the largest class through
Broad sound into the President roads.

Resolved, That the general court confidently asks the
effective co-operation of the senators and representatives
of the other states of the United States in securing for
Boston such a harbor and such approaches thereto as its
present condition, position and commerce demand.

Resolved, That the president of the senate and the
speaker of the house of representatives be instructed to
present or to forward these resolutions to congress.

In Senate, ado^tted, February 21, 1896.
In House of Eejjresentatives, adopted in concurrence, February
24, 1896.

Resolutions relative to veterans of the Mexican war.

MlxTcan^wIr!'' Resolved, That, in the opinion of the general court of
Massachusetts, it is expedient that the few remaining vet-
erans of the Mexican war should be allowed the increase
of pension from the national treasury for which they have
petitioned, and the general court therefore urges upon
congress the passage of such legislation as may be neces-
sary to effect such increase.

Resolved, That properly attested copies of these resolu-
tions be transmitted by the secretary of the Commonwealth

Resolutions. 655

to the presiding officers of both branches of congress, and
to the senators and representatives in congress from this
Commonwealth.

In House of Representatives, adopted, February 24, 1896.
In Senate, adopted in concurrence, February 28, 1896.

Resolutions relative to the granting op pensions by the

NATIONAL government TO SOLDIERS AND SAILORS CONFINED IN

conp^ederate prisons.

Whereas, A bill is now before the congress of the Pensions to
United States, granting pensions to soldiers and sailors eaiiJrsconflned
confined in so-called confederate prisons ; and p^isons!^^'^^*''

Whereas, Many officers, soldiers, sailors and marines
of the federal army and navy were confined in so-called
confederate prisons for a great length of time, suffering
unusual hardships and contracting diseases and disabili-
ties difficult to fully prove under existing pension laws :
Therefore, for the purpose of doing justice to a specially
deserving class of surviving veterans of the war,

Be it Resolved, That the senators and representatives
of the Commonwealth of Massachusetts, in general court
assembled, believe in the justice and equity of House
Bill No. 306, to those that served our government as pris-
oners of war during the war of the rebellion, and request
the senators and representatives from this Commonwealth
in the congress of the United States to use their influence
in favor of the passage of said bill.

Resolved, That copies of these resolutions, properly
attested, be transmitted by the secretary of the Common-
wealth to the presiding officers of both branches of congress,
and also to the senators and representatives in congress
from this Commonwealth.

In House of Representatives, adopted, February 27, 1896.
In Senate, adopted in concurrence, March 3, 1896.

Resolution expressing the regard of the general court for
HIS excellenct governor greeniialge, and the desire that
he may be speedily restored to health.

Resolved, By the senate and house of representatives, lunessof
that the news of the serious illness of His Excellency, GrJenhaige.
Governor Frederic T. Greenhalge, comes as a sad surprise
to the general court and to the people of Massachusetts

656

Resolutions.

Illness of
Governor
Oreenhalge.

and awakens the profound sympathy of every citizen. It
is our earnest prayer that he may speedily recover and be
permitted to return to duty in the high office which he
adorns. The members of his family and those nearest him
in official station have assurance that we share their
anxieties and w^ould gladly co-operate in their watchful
and tender care. And finally, we wish it were in our
power to waft a breath of healing or of comfort to the
distinguished sufferer, and with some misgivings for the
exactions that the people have increasingly made upon
their governors in recent years, we promise that if he is
providentially permitted to resume his useful and illus-
trious career, there will hereafter be greater consideration
for his power of endurance, for his physical comfort and
his mental rest.

In Hoxise of Representatives, adopted, March 2, 1896.
In Senate, adopted in concurrence, March 3, 1896.

On the death of
ex-governor
George D.
Robinson.

Resolutions on the death of geokge d. robinson.

Remlved, That the senate and house of representatives
desire to express their sense of the loss which Massachu-
setts has suffered in the death of George D. Robinson,
formerly governor of the Commonwealth and for four
years one of its representatives in the congress of the
United States.

Ability, learning, industry, sturdy honesty and rare
knowledge of human nature combined to give him emi-
nence in law, in politics and in affairs of state. He won
the confidence and affection of his fellow citizens, and was
a noble type of the worthy sons whom the Commonwealth
has always delighted to honor.

The memory of his blameless life will long be cherished
by his fellow citizens, and will be an inspiration to patri-
otism and to nol)le living.

Resolved, That the senate and house of representatives
tender to the bereaved family their sincere sympathy.

Resolved, That an engrossed copy of these resolutions
be transmitted to the family of the deceased.

In Senate, adojyted, March 4, 1896.

In House of Representatives, adopted in concurrence, March
4, 1896.

Resolutions. 657

Resolutions relative to the extermination of the gypsv

MOTH.

Whereas^ The gypsy moth, an insect pest, has found a Extermination
lodgment in this Commonwealth, and careful and per- moui!^^'"*^
sistent work is necessary to prevent its spread over others
of the United States ; and this Commonwealth has ap-
propriated and expended under the direction of the state
board of agriculture large sums in the work of exterminat-
ing said pest ; and said board has asked for the appropria-
tion of the sum of two hundred thousand dollars for iihe
current year, to continue said work ;

Resolved^ That the senate and house of representatives
of the Commonwealth of Massachusetts, in general court
assembled, request the senators and representatives from
this Commonwealth in the Congress of the United States
to use their influence to induce the United States govern-
ment to take up the work and carry it on to completion,
or to secure from congress a liberal appropriation to assist
this Commonwealth in defraying the necessary expenses
of the work.

Resolved, That a copy of these resolutions, properly
attested, be transmitted by the secretary of the Common-
wealth to each of our senators and representatives in
congress.

In Senate, adopted, March 30, 1S96.

In House of Rex)rese)itatives, adoj^ted in concurrence, April 3,
1896.

Resolutions on the death of his late excellency, fredekic
T. greenhalge.

Whereas, The senate and house of representatives of the on the death oi
Commonwealth of Massachusetts in general court assembled 3\l^^\t'T!"'^
have learned with profound sorrow of the death of His late ^'^^^"^''•se.
Excellency, Frederic T. Greenhalge, the honored and be-
loved governor of this Commonwealth ;

Resolved, That in his death the Commonwealth loses an
able and devoted governor, the people of the state a tried
and loyal friend, the nation a high-minded and patriotic
citizen. Having no advantages of fortune or of birth, this
son of the people, by the force of his ability and worth,
rose to fill high public stations and to render conspicuous
services to the Commonwealth which he loved and which

658 Resolutions.

honored him. Treading with cheerful steps the hard road
of duty and of opportunity, he attained high success in
his chosen fields of usefulness and showed once more the
possibilities that, under our free institutions, lie before
him who has the heart and strength to make the battle.

His career is alike an inspiration and an example to
every ambitious youth and to every man in public life.
It bids the youth aspire and fit himself to deserve success.
It calls upon him who would win lasting approval in pub-
lic afi^airs to cease time serving, and to serve the state as
his sense of duty bids ; to cast aside timidity and be
brave ; to rise above the small expediency of the hour and
stand for principle and conviction ; to heed not the clamor
of the day, but to follow the call of duty. Animated by
such a spirit, he whom we mourn served well his state, his
country and his age, and leaves for his family, his friends
and his fellow citizens a proud record and an honored and
inspiring memory ;

Resolved^ That these resolutions be entered on the jour-
nals of the two houses and that an engrossed copy of the
same be sent to the bereaved family, to whom, in their
deep affliction, the sincere sympathy of the senate and
the house and of the people of the entire Commonwealth
is respectfully tendered.

In Senate^ adopted, April 2, 1S96.

In House of Rejyresentatives, adopted in concurrence, April 7,
1896.

Resolutions relative to the establishment of a national
military park at vicksburg.

tiry pTr'kTt''" Wheveas, There is now pending in congress a bill, H. R.

Vickeburg. 4339, "To Establish a National Park to Commemorate
the Campaign, Siege and Defense of Vicksburg", which
has been favorably reported by the committee on military
affairs ; and

Wltereas, Gettysburg and Vicksburg being inseparably
connected and constituting the greatest epoch in the war
of the rebellion, should be equally commemorated in the
most impressive and enduring manner possible ; and

WJiereas, The establishment of a national military park
to commemorate the campaign and siege of Vicksburg,
will be a most appropriate monument to the commander
whose genius planned these operations and directed them

Resolutions. 659

to a successful issue, and whose fame and character are so
dear to all Americans ; and

Whereas, The state of Massachusetts has not only a
general, but also an especial interest in this bill, for the
reason that three of her gallant regiments of infantry
volunteers, the twenty-ninth, thirty-hfth and thirty-sixth,
participated in the operations it proposes to commemorate ;
therefore

Resolved, That the senate and house of representatives
of the Commonwealth of Massachusetts in general court
assembled request the senators and representatives from
this Commonwealth in the congress of the United States
to use their influence to secure the prompt passage by
congress, at this session, of the bill, H. R. 4339, and re-
quest the house committee on rules to give the earliest
possible date for its consideration by the house.

Resolved, That a copy of these resolutions, properly
attested, be transmitted by the clerks of the two branches
of the general court to each of our senators and repre-.
sentatives in congress.

In Senate, adopted, April 14, 1896.

In House of Representatives, adopted in concurrence, April 16,
1896.

Resolutions relative to discrimination on account of color.

Whereas, On the twenty-ninth day of January, eight- Discrimination

1 -t !• • 1 T-» i-r>'' Tir on account of

een hundred and nmety-six, the Keverend Benjamin vV . color.
Arnett, D.D., of Wilberforce, Ohio, senior bishop of the
American Methodist Episcopal church, president of the
board of trustees of Wilberforce university, and member
of many learned societies, was refused entertainment at
certain reputable hotels in the city of Boston, because he
was a colored man, in spite of statute law against discrim-
ination on account of color ; therefore.

Resolved, That the senate and house of representatives
of the Commonwealth of Massachusetts, in general court
assembled, successors of those bodies which repeatedly
elected Charles Sumner to the senate of the United States,
and for four years received messages from John A. An-
drew, hereby express their severest reprobation of such
discrimination and their firm conviction of the truth of
that clause in the declaration of the independence wherein
all men are declared to be created equal. And it is further

660

Resolutions.

Resolved, That still more to be reprobated is the senti-
ment of any part of the public against any class of our
fellow citizens whereby such discrimination is rendered
possible, and that a vigorous campaign for statute rights
by the persons most aggrieved will meet the hearty ap-
proval and co-operation of the two branches of the general
court.

In Senate, adopted, April 17, 1896.

In House of Representatives, adoptted in concurrence, Aj^ril 22,
1896.

Resolutions in support of the monroe doctrine.

theXTn^roe^* Resolved, That the senate and house of representatives
doctrine. of the Commouwealth of Massachusetts, in general court

assembled, has seen with profound gratitication that the
action of the United States is about to secure a settlement
of the controversy between Great Britain and Venezuela
which is honorable to both nations, will establish the
•principle of arbitration in international disputes, and by
enforcing the JNIonroe doctrine, which should be iirmly
sustained by the United States wherever it justly applies,
will protect the smaller American governments from the
danger of European aggression.

Resolved, That a copy of these resolutions, properly
attested, be transmitted by the secretary of the Common-
wealth to each of our senators and representatives in
congress.

In Senate, adopted, April 29, 1896.

In House of Representatives, adopted in concurrence, April
30, 1896.

Amendment to
coDBtitiition of
the United
StateB, etc.

Resolutions relative to an amendment to the constitution

OF THE united STATES ENABLING CONGRESS TO ENACT LAWS
REGULATING THE HOURS OF LABOR.

Resolved, That in the opinion of the general court of
Massachusetts it is desirable that the constitution of the
United States should be so amended as to place it clearly
within the power of congress to enact laws regulating the
hours of labor in the several states according to some
uniform system ; and the senators and representatives of
this Commonwealth in congress are hereby requested to
take such action as may be necessary in order to bring the
question of so amending the constitution before congress.

Resolutions. 661

Resolved, That properly attested copies of these resolu-
tions be forwarded by the secretary of the Commonwealth
to the presiding officers of both branches of congress,
and also to the senators and representatives in congress
from this Commonwealth.

In House of Representatives, adopted, May 5, 1896.
In Senate, adopted in concurrence. May 13, 1896.

Resolution of sympathy to kepresentative john a. woou-
bury' of hopkinton.
Resolved, That the shocking accident by which Mr. of sympathy
John A. Woodbury of Hopkinton was this morning pre- Ttwe'johrA.
vented from coming to the House and as the result of Woodbury,
which he now lies in a critical condition with the loss of
limb, has brought sadness to the hearts of all his associ-
ates. By his faithful and intelligent service he had gained
the respect and friendship of all his associates, who now
join in expressing their sympathy and the hope of his
speedy recovery.

In House of Representatives, adopted, June 10, 1896.

Resolution of sympathy to representative samuel s. bourne
OF middleborough.
Resolved, That the House learns with deep regret of of sympathy
the serious illness of one of its members, Mr. Samuel S. atiyes^rmu*!"
Bourne of Middleborough. His modest and gentlemanly
demeanor while here, his perfect uprightness, his clear
intelligence and his ability in debate have won the highest
respect and confidence. It is the earnest wish of his
associates, now about to separate, that he may soon be
restored to health and that the public may continue to
enjoy his valuable services.

lyi House of Representatives, adopted, June 10., 1896.

S. Bourne.

The general court of 1896, during its annual session, passed 550 acts
and 124 resolves which received executive approval.

Three acts, entitled respectively, " An Act relative to the protection
of lobsters", " An Act in relation to membership in the Society of the
First Congregational Church in Lowell", and "An Act to incorporate
the Massachusetts Pipe Line Company ", were passed and laid before the
executive for his approval, and were returned, with objections thereto,
to the branch in which they originated ; were reconsidered, and the
vote being taken on passing the same, the objections of the executive
to the contrary notwithstanding, they were rejected, two-thii-ds of the
members present and voting thereon not having voted in the attirmative.

The general court was prorogued on Wednesday, June 10, at 12.20
P.M., the session having occupied 162 days.

662 Governor's Address.

INAUGURAL ADDRESS

OP

His Excellency Feederic T. Greenhalge.

At twelve o'clock on Thursday, the second day of
January, his excellency the governor, accompanied by
his honor the lieutenant governor, the memliers of the
executive council, and officers of the civil and military
departments of the government, attended by a joint com-
mittee of the two houses, met the senate and house of rep-
resentatives, in convention, and delivered the following

ADDRESS.

Senators and Representatives:

It must be apparent even to the casual observer that
the Commonwealth is at present in a period of rapid
development, of unusual activity, and of unquestionable
improvement in many directions. The fact is sufficiently
attested by the great enterprises now in progress or in
contemplation, among which may be mentioned the
metropolitan water supply system, metropolitan sewer-
age, metroi>olitan park system, metropolitan or greater
Boston, the subway, the public docks project, the im-
provement of the harbor, and the construction of state
highways.

We have then reached an era of development and pro-
gress. And these public works and projects mean much
for the people of Massachusetts, in promoting their health,
convenience and comfort; in fostering and developing
business and commerce ; in elevating and refining the
mind ; in short, in adding greatly to the value and beauty
of the every-day life of the people. Surely a Common-
wealth can find few worthier objects upon which to put
forth its strength and to expend its mental and material
resources.

Governor's Address. 663

The purification of the Charles river, in connection
with the development of the great system of metropolitan
parks, is a measure recommended by imperative consid-
erations of health and comfort. There should be as far
as possible harmony and unity of purpose and effort be-
tween those having in charge the extension of the park
system along the banks of the Charles river, and those
having in charge the improvement of the harbor.

METROPOLITAN WATER SUPPLY.

The metropolitan water l)oard was established under
chapter 488 of the acts of the year 1895, for the purpose
of constructing and maintaining a system of water works
which shall provide a sufficient supply of pure water for
the metropolitan water district, comprising the cities
of Boston, Chelsea, Everett, Maiden, Medford, Newton
and Somerville, and the towns of Belmont, Hyde Park,
Melrose, Revere, Watertown and Winthrop. Power was
given to admit any other city or town within ten miles
of the state house, and under this power the city of
Quincy has applied to be included within the district.

The general plan of the system to be constructed was
fixed by the legislature to be substantially in accordance
with the scheme of water supply recommended, after long
and careful consideration, by the state board of health.
This scheme contemplated in general the taking of the
waters of the south branch of the Nashua river, and the
taking of other sources of water supply, principally those
belonging to the city of Boston, including the Sudbury
river.

Surveys and specifications for the aqueduct from Clinton
to the Sudbury system have been completed and propos-
als for its construction are nearly ready to be issued, so
that work upon it may be begun early in the year 189G.
The work of connecting the Chestnut Hill district with
Spot Pond and the Mystic system is still further advanced ;
routes have been surveyed and contracts are expected to
be executed the present month for the furnishing of the
iron pipe mains. Plans for pumping stations arc in prog-
ress, so that upon completion of the aqueduct and the pipe
lines there may be no obstacle to the immediate introduc-
tion of additional water into the various portions of the
metropolitan district.

664 Governor's Address.

METROPOLITAN PARKS.

Under authority of the park act of 1893, the Blue Hills,
Middlesex Fells, Stony Brook and Beaver Brook reser-
vations, a total of 6,070 acres, had been acquired, in ad-
dition to 156 acres in West Roxbury parkway transferred
to the care and maintenance of the city of Boston . During
the past year these reservations have been amended by
the taking of 286 acres and by the abandonment of 75 acres,
chiefly to provide for boundary roads or entrances from
the nearest highways. In addition, new acquisitions have
been made on the Charles river, and at various other
points in Newton, Needham, Wellesley and other towns,
so that the holdings of the Commonwealth comprise 6,781
acres. The money appropriated for lands and work un-
der the park acts amounts in all to $2,300,000, of which
$300,000 only can be expended on and about the- Charles
river.

Of these approj^riations $1,194,651.41 have already
been expended. While more than half the claims for
land taken have been settled there are several large
claims awaiting adjustment ; and the development of the
park system cannot safely l^e continued until an appro-
priation is made which will leave a balance for further
work after these claims are paid.

The people of the park district and vicinity seem to
feel a keen interest in the development of the system,
and it is acknowledged on all sides that the immense
beneiits resulting from the project amply justify the out-
lay.

METROPOLITAN SEWERAGE.

Since last January negotiations have been pending
between the city of Boston and the l)oard of metro-
politan sewerage commissioners with a view to fixing
upon the yearly rental value of the trunk sewer, pump-
ing station and outfall of the Boston improved system for
the use of our Charles river system, for a term of five
years. It was hoped that some agreement might be
reached. During the last five years the Commonwealth
has paid the city of Boston for this use an average yearly
rental of about $26,000 ; but now the city of Boston asks
about $52,000 per year for the next five years. Under

Governor's Address. 665

the statute the Commonwealth can by the exercise of the
rio^ht of eminent domain take the right to use the trunk
sewer, and leave the question of rental to be determined
by the courts or otherwise. The same question will arise
when it becomes necessary to use the Neponset valley
sewer, which is soon to be constructed. It would be
well to consider Avhether it would not be economy and
good policy for the Commonwealth to take the main
trunk sewer of the Boston improved system, from the
point in Huntington avenue where the metropolitan
sewer connects with it to the pumping station, and take
the pumping station and outftill sewer now belonging to
the city of Boston as a part of the metropolitan system,
and have the same thereafter maintained and operated by
the Commonwealth.

There may be some (juestion whether chapter 439 of
the acts of 1889 is In-oad enough in its terms to confer
upon the commission the authority to take the pumping
station and outfall sewer ; therefore, if it should seem best
to pursue this course, such legislation should be had as
would give the power and provide the funds.

METROPOLITAN DISTRICT.

The question of a metropolitan district, emliracing the
city of Boston and vicinity, has received much considera-
tion, and a report embodying the conclusions reached by
the commission having the inquiry in charge will soon be
presented for your examination.

RAPID TRANSIT IN BOSTON.

In conformity with the recommendation which I made
a year ago the legislature of 1895 passed certain amend-
ments to the laws relating to the construction of subways
in the city of Boston. Among other things the powers
of the commission in building the subway under the
Bovlston street and Tremont street malls were enlaro^ed
and more fully defined.

As a result of this legislation alterations in the plans
were made, furnishing improved and more ample accom-
modations for the public. The work of construction is
already well advanced, and I am glad to be able to state
that there is good reason to hope that before the end of

666 Goveri^or's Address.

the year the subway will be ready for operation from the
entrance in the Public Garden to Park street, and that
the present most burdensome congestion on Tremont and
Boylston streets will be materially relieved by the trans-
ferring from the surface of the street to the subway of
those Boylston street cars which now reverse at the
Granary burial ground.

Again I ask the legislature to give consideration to
such amendments, if any, of the acts relating to subways
as the commission may recommend, for the purpose of
facilitating the construction or increasing the utility of
this novel and much-needed public improvement.

I am confirmed in the opinion that the subway when
completed will add greatly to the convenience of the pub-
lic, and will be found to be in every way a profitable and
progressive enterprise. The greatest care must however
be taken to prevent its being the object of selfish specula-
tion, and to insure that conservative management of it
which will regard the public interests as the prime pur-
pose to 1)0 attained ; and I am confident that satisfactory
arranoements can be made to this end.

HIGHWAYS.

In June, 1894, $300,000 were appropriated, and in
the year 1895 $400,000 were appropriated, for this work,
making a total of $700,000 appro})riated by the legis-
lature for the construction of state highways.

Two hundred and twenty-two petitions have been re-
ceived to date, representing one hundred and eighty-five
towns and fourteen cities, the })etitions coming from the
county commissioners, the selectmen of towns, and the
mayor and aldermen of cities.

Owing to the lateness of the season last year when
appropriations were available but little w^ork was com-
pleted, so that substantially all the y^^ork has been done
this year. Ninety miles of state highway have been laid
out in seventy different cities and towns, one fifth of the
entire number of municipalities in the state. Sixty-two
miles of state road have been completed and twenty-
eight miles are in process of construction.

The amount expended for construction, up to and in-
cluding November 16, is $582,945.04. The bills for
work done since that date will not l)e rendered until

Governor's Address. 667

December 14, but it is fair to say that the amount ex-
pended for construction will be between $600,000 and
$625,000.

Ninety-five contracts for the construction of roads have
been executed.

No appropriation was made by the legislature in ac-
cordance with my recommendation for the purchase of
road machinery, but I may state that there has been a
large addition to the road machinery of the Common-
wealth. The report of 1893 showed that there were in
Massachusetts, including the city of Boston, twenty-nine
steam rollers, but since then there has been an addition
of forty-seven, and the same is true, proportionally, of
other road machinery, so that the cities and towns are
now better prepared to enter into the work another year
than they have been in the past.

All contracts, with the exception of five, have been
made with the different munici})alities. In five instances,
where the municipalities have declined to contract, con-
tracts have been made by competition.

The sections laid out are, according to law, fairly
distributed among the different counties of the state.

STREET RAILWAYS.

With the rapid growth of street railways arises the
question of the best and most reasonable method of
protecting the public interest wherever public authority
is invoked to confer powers and privileges. Intelligent
and conservative opinion will, I think, be found to
strongly favor giving authority to towns and cities to
grant charters to street railway companies and kindred
organizations, upon such terms and conditions as shall
secure the full and just rights of the public, while not
unduly limiting or curtailing the opportunities of in-
vestors. Contracts between a munici})ality and a street
railway, based upon principles of justice and fairness,
would give security to both the public and the railway
company.

PUBLIC SCHOOLS.

A simple presentation of statistics will serve to show
the present condition of our public schools. A comparison
of the year 1895 with the year 1885, embracing a period of
ten years, may perhaps throw some light upon the subject.

668 Governor's Address.

In 1885 the number of pupils of all ages enrolled in
the public schools was 339,714; in 1895, 412,953.
Again, the average extent of tuition in 1885 was nine
months; in 1895, nine months and six days. In 1885
the amount expended on behalf of each pupil was $16.38 ;
in 1895, $19.98 ; and the increased expenditure is amply
justified by the increased educational benefits to the
pupils.

The whole number of pwpils in other schools of similar
grade, viz., academies, parochial and private schools, is
64,688. So that, in spite of the natural increase of the
number of pupils of all ages, with the increase of popu-
lation and the growth of every kind of private school,
nearly eighty-seven per cent, of the children of school
age are to be found in the puldic schools to-day. It
seems clear therefore that the public schools have gained
in public favor.

As to normal schools the buildings of the new nor-
mal schools at Barnstable, Fitchburg, Lowell and North
Adams have all been contracted for within the limits of
the appropriations and are now well under way. It still
remains to provide for their furnishings. The normal
school at Fitchlnirg was organized in September last,
with forty-three pupils.

The board of education has directed that in 1896 and
thereafter candidates for admission to the normal schools
must be graduates of high schools, or must have received
an equivalent education, and that their examinations shall
be in high school as well as in grammar school subjects.
Inasmuch as free high school tuition has been made the
legal right of every properly qualified child in the state,
and is attaina])le at home by the great majority of pupils,
the new standards of admission seem to be within general
reach and are likely to improve the qualifications of
teachers.

The policy of the state in providing means for the pro-
fessional training of its teachers has received not only
the sanction that comes from half a century of successful
trial but also the implied approval of that general normal
school movement of the country that had its beginning in
Massachusetts. The state's generous provision for such
training points to the wisdom of making a l)eginning, at
least, in some policy of demanding that hereafter only
trained teachers shall be employed in its pul)lic schools.

Governor's Address. 669

Next to good teaching in promoting the welfare of the
schools comes skilled supervision. Although the employ-
ment of superintendents of schools by school boards has
been voluntary the practice has grown during the past
fifty years, until now it embraces ninety-three per cent,
of the entire school population. It may well engage
attention whether a plan so fully tried and so amply
justified may not ])e extended to the entire state and
fixed as a permanent policy.

The forthcoming report of the board of education will
show an increase over last year in the average memljcr-
ship of the public schools, of about thirteen thousand
children, and an increase in the average attendance of
about fifteen thousand. This gain of attendance upon
meml^ership is a significant one. Increasing constancy
of attendance means growth in the oversight of parents,
in the attractiveness of the schools, in the interest of the
pupils, and in the worth of the results. Nevertheless,
the weakness, neglect or connivance of parents, the press-
ure for that gain which comes from children's labor, the
unwillingness of some of our towns to impose upon them-
selves the money burden of enforcing the attendance laws,
still work to deprive many children of their schooling.
In accordance Avith a legislative order an investigation
has been made into the truancy conditions of the state,
and it is expected, as a result, that ways will be pointed
out for a still more efi'ective enforcement of the attendance
laws. The enforcement of such laws is more helpful to
the child, more conducive to the public welfare, and more
creditable to the state, than the subsequent enforcement
of harsher laws against such children as are negligently
permitted to drift into the ranks of criminals. Every
child saved to honorable citizenship from the ranks of
those whose trend, through association or misfortune, is
downward, is an economic gain to the state, to say noth-
ing of the enhanced worth of the child to himself.

NAUTICAL TRAINING SCHOOL.

The nautical training school has attained a high degree
of efiiciency. The numl^er of cadets is on the average
upwards of a hundred. A class of twenty was graduated
last year, and the cadets are in great demand for the
merchant marine. Improvements have been made in the

670 Governor's Address.

course of study, and the commissioners are entitled to
great credit for their zealous, intelligent and economical
administration. A saving of nearly $5,000 has been ef-
fected this year.

STATE INSTITUTIONS.

I may say generally that the charitable, penal and re-
formatory institutions of the Commonwealth are in excel-
lent condition. The additions to the buildings at the state
prison contribute materially to efficient and economical
administration. The industries of the prison also are on
a better footing than ever. The union of the functions
of superintendent of prison industries and of clerk of the
prison commission appears to be practicable and bene-
ficial.

Our hospitals for the insane are equal in point of
equipment and administration to any in the country.
The institution at Westborough, with improved sanitary
arrangements, is doing excellent work, with excellent
results. The institution for the treatment of dipsomani-
acs at Foxborough has, I believe, passed through the
experimental stage and promises to be a success. The
misunderstanding of its character and purpose by many
who were sent there, and by their friends, has been
removed; it is a penal institution, with the hospital feat-
ures combined, and has a distinct and valuable function
among our reformatory institutions. The crowded con-
dition of some of the hospitals should be relieved, and
the opening of the Medfield asylum will operate to bring
about this result.

The trustees of the Lyman school found it absolutely
necessary to purchase a farm and buildings for the use of
the school, and, as no appropriation was available, made
a temporary arrangement for the purchase money by
borrowing from the principal of the Lyman ftind. The
amount thus borrowed should be reimbursed, and the
principal kept unimpaired.

While I believe our institutions for the treatment of
the insane have reached a high degree of efficiency, are
we to conclude that they are now at a standstill, that
further advance is impossible, that the ultimate result in
the way of remedial treatment has been attained ? Econ-
omy ; kind, firm and patient dealing with the inmates ;
neatness, cleanliness and intelligent care in administration ;

Governor's Address. 671

sanitary and esthetic conditions and surroundings, — all
these have been secured. Can there be any forward step
made in scientific methods of observation, classification,
and the deduction of conclusions, rules and principles,
which may be of the greatest importance and benefit in
the direction of improved methods of treatment and con-
sequently in the chances of promoting recovery? Even
the fixing of a uniform standard in our several institutions
in the particulars mentioned could not fail to be })roduc-
tive of material advantage. The employment in one or
more of our hospitals of a pathologist who devotes his
whole time to the study of these and kindred subjects has
already been found to be very satisfactory ; and the same
kind of work may in the future be found beneficial to our
other institutions for the insane.

A good deal of discussion has arisen lately as to the
functions of the board of lunacy and charity, both as to
the care and control of the minor wards of the Common-
wealth and as to the supervision of the hospitals for the
insane. It must however be acknowledged that the work
of this lioard has been performed with diligence, fidelity
and judgment ; and before any change is made, as by the
creation of other boards, such as have been suggested,
— children's bureau, commission of lunacy, etc., — good
cause should be shown therefor.

TUBERCULOSIS IN CATTLE.

The eradication or limitation of tuberculosis in cattle
has been carried on with vigor during the last year.
There have been examined upon request 235 herds, com-
prising 2,325 animals, of which 26.5 per cent, were dis-
eased, and there are now many herds waiting to be
examined, but which cannot he for lack of funds. The
owners of cattle killed have received about $35 per head.
There seem.s to be less opposition to the work of the com-
mission and an increase of confidence in the methods
adopted.

It is true that the whole subject is one of difficulty, and
there is need of patience and judgment on all sides in
order to obtain the best results. I trust the report
of the commission will receive your most earnest con-
sideration.

672 Governor's Address.

GYPSY MOTH.

The eflbrts for the extirpation of the gypsy moth pre-
sent another subject of great difficulty. The situation is
not as encouraging as it might be. Appeals have been
made to the general government for assistance in the
work but none has as yet been granted although favorable
intimations have been given. The ravages of this insect
have undoul)tedly been restricted and minimized, but no
precautions have been sufficient to prevent its doing con-
siderable injury. The area of its depredations has not
been extended, which is the main feature of encourage-
ment. Upon the whole the weight of scientific testimony
and the best practical judgment seem to favor the con-
tinuance of our labors in the direction already taken.
To what extent, in what manner, and at what cost this
perplexing task is to be prosecuted must be determined
by your wisdom, care and experience. The difficulty is
too great to be met in any narroAV or impatient spirit, or
by half-way measures.

TEMPERANCE.

I am pleased to note at this time a continuation and
advance in the cause of temperance corresponding to that
of the previous year. At the last state election 64 towns
voted for license and 257 towns voted against license.
We have here a loss of 9 towns, as against the previous
year. In the case of cities however a distinct gain is
found, — 17 cities voted yes and 15 cities voted against
license. In the year 1894, 19 cities voted for license and
11 cities voted against.

Upon the whole the forces of temperance, law and
good order are making a steady, gradual, irresistible for-
ward movement, supported by public sentiment and sus-
tained by the practical and successful operation of law.
Moral and didactic declarations on the statute book may
have some effect on public opinion and conduct, but pub-
lic opinion backed by practical administration forms the
best and safest foundation of law.

THE MILITIA.

The militia of the Commonwealth is in good condition.
There is a spirit of enthusiasm and emulation among offi-
cers and men which is only satisfied with the best results

Governor's Address. 673

attainable. It is necessary however in order to promote
the efficiency of the force that the quality of arms and
equipments shall be kept up to the highest standard, and
much attention has been given to this matter.

It is intended to keep the troops armed with service-
able rifles and that the best camp equipage shall be fur-
nished.

The acquisition of the frigate ' ' Minnesota " as a prac-
tice ship will ])e of the greatest beneiit to the naval
brigade.

Altogether the militia in every branch of the service is
in a very satisfactory condition, and I am glad to say that
economy has accompanied the very efficient management
of this branch of public work.

ANTIETAM COMMISSION.

The report of the Antietam commission will require
your attention. Their work is not yet finished, owing to
the fact that the ground for the proposed tablets has not
yet been furnished by the United States. A new resolve
will be necessary in order to renew the former appropri-
ation, which has not yet been expended.

DISTRICT POLICE.

The district police now numbers forty-three members.
Of these thirteen are designated as detective officers.
Four are boiler inspectors, whose duties are the inspec-
tion of uninsured boilers and the examination of engi-
neers for licenses as such. Two are assigned to the work
of inspecting tenement houses, under the law relating to
the manufacture of clothing in unhealthy places. There
are two female inspectors who are assigned to a special
duty of enforcing the laws relating to the employment of
women and children. The remainder constitutes two
classes of the inspection department, the first class being
engaged in enforcing the laws relating to the construc-
tion of buildings, ventilation and sanitary provisions, and
the examination of alleged dangerous buildings ; and the
second class have as their work the enforcement of the
statutes relating to the guarding of dangerous machinery,
the inspection of elevators, regulating the hours of labor
and the employment of children, sanitary provisions in
factories and workshops.

674 Governor's Address.

POLICE.

The board of police in Boston gives a large measure
of security and order to the city. If the always vexa-
tious question of liquor licenses could be placed upon
some impersonal and non-partisan basis a great advance
might be made, consistent with and supported by public
opinion. If every applicant could be graded or rated in
such a way as to give weight to character, to previous
history or record, to location and similar features, the
struggle for licenses might be relieved from some of its
more objectionable features. In fact, though a suggestion
of civil service rules in such cases might seem ironical,
some system which would eliminate political and perni-
cious influences is to be desired.

SAVINGS BANKS.

During the year ending October 31, 1895, the 187
banks received 1,214,171 deposits, amounting to $80,-
768,468.89, and there were placed to the credit of
depositors $16,025,893.44 in dividends; during the
same period 962,205 withdrawals were made, the amount
withdrawn being $74,309,785.76, leaving the aggregate
amount at the credit of depositors on that date $439,-
269,861.15, represented by 1,302,479 accounts, an aver-
age of $337.25 to each account. The total assets of the
banks amount to $466,426,722.72.

As compared with the previous year these figures show
an increase of 169,522 in number and $5,821,898.88 in
amount of deposits made ; a decrease of 6,372 in num-
ber and an increase of $185,088.43 in amount of with-
drawals ; an increase of $254,929.55 in dividends; an
increase of $22,491,843.62 in aggregate deposits ; an in-
crease of $24,035,457.91 in total assets, and an increase
of $3.05 in the average to each account.

With the exception of the year ending October 31,
1892, the increase in aggregate deposits is larger than
in any one year since 1871.

The average sum deposited was $66.52, as against
$71.74 the previous year.

The average of the withdrawals was $77.23, as against

1.53 the previous year.

Governor's Address. 675

In addition to the large increase in the deposits of the
savings banks the returns of the 119 co-operative banks
show an increase of "dues capital" paid in of about
$1,550,000, and an increase of nearly $1,940,000 in

assets.

TRUST COMPANIES.

I ask you to consider whether restrictive legislation is
not needed relative to trust companies. There are now
thirty-one doing business or incorporated within this
Commonwealth. Eleven of them have established a trust
department, the others merely receive deposits, discount
and collect notes, and in fact transact such business as is
ordinarily done by national banks, and, although called
trust companies, they are in fact state banks, and ought
not to enjoy the privileges of, or be entitled to call them-
selves, trust companies. They are authorized to receive
funds on decrees of courts without furnishing sureties
therefor. The savings bank commissioners recommend
either that a larger capital be required or that their ap-
proval be necessary before trust companies are incorpo-
rated. H

CORPORATIONS AND OTHER SUBJECTS. "'

I also ask you to consider whether it would not be for
the public interest to secure some legislation which shall
require the terms of consolidation of gas or electric light
companies to be approved by the board of gas and electric
light commissioners, suljstantially in harmony with chap-
ter 506 of the acts of 1894, applicable to railroad com-
panies.

Section 4 of chapter 346 of the acts of 1886 forbids a
gas company to transfer its franchise, lease its works, or
contract with any other person for carrying them on, and
there seems to be no general law authorizing the consoli-
dation of any of these companies ; but if this power
exists, or should be granted, it should be exercised sub-
( ject to the restrictions of said section 4.

Chapter 506 however seems to apply to special railway
consolidation acts, similar to those which may be passed
applying to gas or electric companies.

A strict supervision of the operations of corporations,
both public and quasi-public, would seem to be demanded

676 Governor's Address.

for the protection of the public, whether as to increase
of capital, extension of functions, leases, or consoli-
dations. And the granting of special charters should be
regulated and carefully guarded. The granting of char-
ters to be used only as menaces to legitimate enterprises,
or to be sold for speculative purposes, must ultimately
work injury to the public.

The recent legislation directed against stock watering
has proved effective and beneficial. It would be well
further to require all corporations chartered elsewhere
than in the Commonwealth to come under all the con-
ditions and restrictions applicable to domestic corpora-
tions, especially in regard to the paying in of capital.

So much complaint is made of the harsh and question-
able methods of so-called mutual benefit insurance so-
cieties or companies that it is incumbent upon you to
consider the expediency of exercising more ample state
supervision over them.

Let me call your attention to what seems to me a
growing evil. Last year more than $50,000 was expended
by the various commissions and boards for counsel fees
and legal expenses. This amount will increase rather
than diminish if the present system continues. I recom-
mend your consideration of the foUoM'ing suggestions.
Reorganize and enlarge the law department of the Com-
monwealth. Let the attorney-general have compensation
sufiicient to command his whole time ; furnish the de-
partment with all the assistants or deputies necessary to
perform substantially all the law business of the Com-
monwealth in the way of advising the several adminis-
trative departments, or furnishing other legal assistance.
In this way more unity of system and of legal and con-
sistent policy will be olitained than by connnitting this
responsible labor to a dozen or a score of attorneys, acting
without reference to any general plan or purpose.

THE CIVIL SERVICE.

Appointment to the classified civil service of the Com-
monwealth and her cities has been for more than ten years
regulated by civil service classification and rules, and the
method can now be considered an established part of our
administrative svstem.

Governor's Address. 677

In the legislation of 1884 Massachusetts took the lead
in providing that the civil service rules and system should
be applied to the selection of persons to be employed as
laborers in the public service of our cities. Under the
authority given to the civil service commissioners to limit
the application of the rules they restricted the new system
of employing laborers to the city of Boston. The change
thereby effected has been commended by her mayors since
1884, as an improvement upon the former method of
solicitation and employment, as a relief to the appoint-
ing officers, and as an act of justice to applicants for
public labor.

The benefit and popularity of these labor regulations
have led to their application to some of the other cities.
In 1889, at the request of the city of Cambridge, the
commissioners applied the rules and system to her labor
service. New Bedford followed in 1891, Newton in 1894,
the town of Brookline under chapter 267 of the acts of
1894, and Everett quite recently. XJitizens of other cities
have requested the extension to their municipalities.

The system as enforced is efficient, simple and inex-
pensive. It requires merely in each city a local registrar
or clerk, under the supervision of the civil service com-
missioners. With other incidental expenses the addi-
tional cost will be less than $300 for each city.

I am informed by the commissioners that this system
of lal)or employment can now be applied to all the cities
of the Commonwealth at an annual expense not exceeding
in the aggregate $12,000, in addition to their present
general appropriation, and they will request this addi-
tional appropriation. I recommend that the request be
granted.

In the thirty-two cities of the Commonwealth there
are probably 15,000 laborers paid by city treasuries, and
naturally more or less under the influence of officers or
persons interested in city elections. Assuming the aver-
age yearly wage of each to l)e at least $500, we have an
annual municipal expenditure for pulilic labor aggregat-
ing $7,500,000. At the expense to the Commonwealth
of a small portion of one per cent, of this sum the legis-
lature can by the proposed ai)})ropriation improve the
labor service of our cities, place all the cities upon an
equality in the application of the civil service rules, and,

678 Governor's Address.

under requirement of law, make the employment of the
public laborer depend, not upon political activity or in-
j9.uence but solely upon merit and efficiency.

CITIZENSHIP, SUFFRAGE, ETC.

While great progress has been made it must be re-
memljered that education, material and intellectual de-
velopment, the heaping up of riches, the Improvement of
our institutions of correction and charity, the strengthen-
ing of police and militia, the purification of political
methods, the exaltation of justice and its administration,
will avail us nothing, if out of all this improvement and
development we do not secure a high standard of citizen-
ship, which is not only the foundation but the end and
aim of all good government.

There are various suggestions as to the mode of im-
proving the quality of citizenship, among them the fol-
lowing : —

1. Greater care should be exercised in the adminis-
tration of naturalization laws so far as our state courts
are concerned,

2. A proliationary period of residence after naturali-
zation might be prescribed by constitutional amendment.
The twenty-third amendment was such a constitutional
provision ; this was repealed as unnecessary and oppres-
sive ; but existing circumstances may seem to justify at
least a shorter term of probation.

3. While there may be a division of opinion as to
disfranchising for felony, as is done in some states, it
seems clear that persons undergoing sentence in penal
institutions should not be permitted to vote.

The decisive vote on woman sufirage at the recent state
election would seem to show that public opinion will not
for some time be prepared to accept any radical change
in the established system of suffrage ; on the contrary
the public mind appears to be growing more and more
in favor of biennial elections, and there is no good
reason why the question should not be submitted to
the people.

Governor's Address. 679

FINANCIAL STATEMENT.

The actual expenses incurred as appears by the charges
on the books for warrants issued, and warrants that will
be issued and paid on the first day of January, 1896,
which include salaries and expenses for the month of
December and by law become a part of the expenses of 1895,
a portion of which is of course a matter of estimate, will
amount to $5,992,338.59. Add to this the interest on the
public debt, about $1,250,000. To this must be added the
unexpended appropriations which are likely to be called for
during the year 1896, for public buiklings and other pur-
poses of that kind which are authorized by the legislature,
and so a part of the expenses of 1895, and for which the
state tax was raised, amounting to about $1,050,000, thus
giving a total of expenses of all kinds for 1895 of $8,292,-
338.59. These figures of course include both what are
called ordinary and extraordinary expenses. The ordi-
nary running expenses of the Commonwealth, strictly
speaking for quite a number of years, were about seven
millions of dollars annually.

The receipts into the treasury for all purposes up to
the present time, so far as appears by the l)ooks, amount
to $5,042,016.54, to which add the state tax, $1,500,000,
making a total of $6,542,016.54. Now to this revenue,
in order to comply with the laws of the Commonwealth,
it is necessary to add the cash on hand January 1, 1896,
as the law requires the auditor in reporting the revenue
to add to it the cash on hand. I assume that the amount
of cash on hand the 1st of January will be $1,250,000;
that, added to the receipts as al)ove-stated, will give
a total of $7,792,016.54, leaving, as appears by these
figures, $500,322.05 to be provided for by taxation.
But, taking into account the cash required to carry on the
government, with other expenses, it is deemed necessary
to have from a million to a million and a quarter of cash
on hand at the commencement of the year ; and it will
therefore be necessary, as will be seen by these figures,
to have a tax of at least one and one half millions the
present year. Unless the legislature makes some extraor-
dinary grants or incurs some extraordinary expenditures
a tax as above-stated will be sufficient to meet all the
demands ao;ainst the Commonwealth, in addition to the

680 Governor's Address.

revenue, which of course will probably be considerably
larger.

I submit also a statement as to the sinking funds and
the state del)t : —

Statement of the Debt of the Commonwealth.

Total funded debt $29,675,229 40

Less armory loan, Fitchburg Railroad security loan,
metropolitan sewerage loans, metropolitan parks
loans and metropolitan water loan, . . . 16,090,000 00

Total $13,585,229 40

Amount of sinking funds for the redemption of the
above, exclusive of the armory, Fitehburg Rail-
road securities, metropolitan sewerage, etc., . . 7,444,001 42

Net debt, f 6,141,227 98

The deductions are made on account of the armory loan
because it is to be paid from a sinking fund sustained and
increased each year by the taxation of the cities and towns
in which armories are located.

The Metropolitan Sewerage Loan will be paid by a
sinking fund created and endowed by the taxation of the
several cities and towns benefited by the sewer.

The Metropolitan Parks Loan will be i^aid by a sink-
ing fund created and endowed l)y the taxation of what
is known as the metropolitan district, and the Metro-
politan Parks Loan, Series 2, one half of which, that is
to say, $250,000, will be paid in the same manner, also
the Fitchburg Railroad securities loan, $5,000,000. The
principal and interest will be paid li}^ the Fitchburg Rail-
road Company bonds, which, with the Fitchburg Railroad
Company's stock, constitute the sinking fund established
for their redemption.

The following instalments of the public del)t will ]:)e-
come due during the present year, to wit : Danvers Lunatic
Hospital Loan, $450,000, due Sept. 1, 1896; Worcester
Lunatic Hospital Loan, $350,000, due Sept. 1, 1896.
These loans will be paid from the sinking fund, which is
ample for the purpose.

TAXATION.

Our laws of taxation, which have for many years been
the subject of constant discussion, should have careful
consideration, as recommended in my first message. The

GovERNOii's Addeess. 681

sentiment seems to be prevalent that our present law is
complicated, impracticable and inequitable. If, as ex-
perience seems to have proved, it is impossible to fairly
and efficiently collect our taxes under the present law,
and if the method of assessing under the law is, as seems
evident, so variable in different communities and in the
same community at different times as to cause constant
disturbance and an almost excusable effort on the part of
some of our citizens to evade payment of the full legal
levy, it is certainly time for a thorough investigation of
the subject, with the definite purpose of enacting a clear
and equitable law, which can he enforced in a fair and
just manner. I desire also to call especial attention to the
fact that our laws seem to bear oppressively on our lousi-
ness and industrial enterprises, which should be especially
fostered and encouraged, as the source from which most
of our citizens derive their livelihood. Massachusetts
must enter into competition with other states ; and ex-
perience has shown that there is no force more potent in
bringing industrial development, with all its attendant
advantages of lalior for our people, lousiness for our mer-
chants, markets for our farmers and traffic for our rail-
roads, than wise and liberal laws of taxation.

MISCELLANEOUS.

The commissioner of public records is charged with a
very important duty and his suggestions as to changes in
the laws relating to the preservation of our public rec-
ords will, I think, commend themselves to your judgment.

The boards of registration in medicine, pharmacy and
dentistry are doing diligent and effective work, and their
labors tend to raise the standard of the several profes-
sions included in their supervision, and their reports and
recommendations are worthy of careful consideration.

The publication of the province laws is proceeding
with all the despatch consistent with accuracy and judg-
ment.

The work of the military and naval historian has loeen
prosecuted with diligence and two volumes are nearly
completed. In order to make a complete history the
work should contain an alphabetical list of all enlisted
men, and, if possible, of sailors, their records being
given in the same way as the record of officers.

682 Governor's Address.

Gentlemen : — The purity and character of a legislat-
ure rest largely with the legislature itself, and ultimately
— or rather primarily — with the people. All laws based
upon a reckless assumption of the inherent baseness of
legislatures are as likely to aggravate as to remedy real
evils, which are, I trust, at present, small rather than
great. The character of the legislator of Massachusetts
should be as high as the character of INIassachusetts ; it is
in fact the character of Massachusetts. Yet every safe-
guard, every precaution, every danger signal, must be
used to warn, to admonish, to deter the weakest — or the
meanest — mind which could possibly entertain the
thought of prostituting the high public trust reposed in
a legislator to selfish or sordid ends. Stringent legisla-
tion, calculated to emphasize to the legislator the necessity
of being above suspicion, and to warn the lobbyist of the
peril he runs in even approaching the legislator wath cor-
rupt proposals, will serve to prevent those vague rumors
which from time to time disturb the public mind without
crystallizing into specific cases. Such legislation would
prevent rather than recognize the alleged abuses of the
lobby.

The growth and improvement of the Commonwealth as
here set forth are not limited by material or physical lines.
Charity is learning to be business-like without being
sordid ; correction is ])ecoming gentle without becoming
weak ; education is bountiful in her gifts, but not extrav-
agant. We must not however tall into any such self-
complacency as to reject or discourage improvement and
further progress. We must not be unwilling to learn
from others. Only by maintaining this earnest, open,
emulous spirit can we hold and maintain the ' ' glorious
gains " of the past and reach out to the future for equal
or greater achievements.

Gentlemen, I have thus rapidly sketched for you the
present condition of the Commonwealth. Massachusetts
now commits her affairs to you. You take upon your-
selves a great trust. May you be inspired in the perfor-
mance of your duty by a spirit of genuine patriotic love
and pride. In all confidence the people commit to your
care the future of the Commonwealth.

Special Messages. 683

SPECIAL MESSAGES

THE FOLLOWING SPECIAL COMMUNICATIONS AVERE MADE BY HIS

EXCELLENCY THE GOVERNOR TO THE LEGISLATURE

DURING THE ANNUAL SESSION.

[To the senate and house of representatives, January 6, 1896 ]

I have the honor to present, in compliance with chapter Pardons.
50 of the resolves of 1860, a report of the forty pardons
issued by the governor and council during the year of my
administration just closed.

Of the number thus released six were in the state prison,
twenty-two in houses of correction, six in the Massa-
chusetts reformatory, four in the reformatory prison for
women in Sherborn, and two in the house of industry on
Deer Island. Sickness was the controlling reason for the
discharge of nine, two of whom have since died.

FREDERIC T. GREENHALGE.

No. 1. HoYT O. Chapin. Convicted of larceny,

Superior Court, Franklin county, Nov. 27, 1893. Sen-
tenced to the house of correction for two years. Par-
doned Jan. 24, 1895, upon the recommendation of judge
Bishop who imposed the sentence, and district attorney
Aiken who prosecuted the case, on the ground that he
had been sufficiently punished for the slight offence com-
mitted. At the time of sentence it was supposed that he
was addicted to crime ; it has since been learned that he
had never before been convicted of any offence, and that
the corn which was stolen was taken under a supposed
claim of a right to do so.

No. 2. James McMahon. Convicted of breakino-
and entering and larceny, Superior Court, Middlesex
county, March 8, 1894. Sentenced to the house of cor-

684 Special Messages.

Pardons. rection for eighteen months. Pardoned Feb. 7, 1895.

The prisoner was dangerously ill with tuberculosis, with
no hope of recovery. He died March 12.

No. 3. Hugh J. Kelliher. Convicted of assault,
Superior Court, Middlesex county, Nov. 23, 1893.
Sentenced to the house of correction for two "years.
Pardoned Feb. 21, 1895, upon the recommendation of
the judge and probation officer of the First District Court
of Eastern Middlesex, and other leading citizens of Mal-
■ den. The assault, as has since been proved, was not a
serious one. The committee believed that he had been
sufficiently punished for the slight offence committed,
and that — as immediate employment awaited him — his
release would be a benefit to himself and family.

No. 4. William Haley. Convicted of breaking and
entering, Superior Court, Middlesex county, June 10,
1890. Sentenced to the house of correction for fifteen
months. Escaped October 4, 1890, recaptured Jan. 17,
1895. Pardoned Feb. 21, 1895, upon the certificate of
the prison physician that the prisoner was suffering from
phthisis pulmonalis, and in all probability could live but
a short time.

No. 5. John Connors. Convicted of larceny. Mu-
nicipal Court, Boston, May 21, 1894. Sentenced to the
Massachusetts reformatory on an indeterminate sentence.
Pardoned Feb. 21, 1895, u}X)n the recommendation of
the prison commissioners. Connors, who had been out
of employment for several months, stole a musical instru-
ment and pawned it for two dollars, which he took to
his wife, who was under hospital treatment, to pay for
her medicine and food. He would not tell his wife where
he got the money ; she thought he borrowed it. This
was his first offence. His wife, who was in feeble health,
was without any means of support. Benevolent people,
who had assisted in supporting his wife and child, had
secured immediate employment for him.

No. 6. Edward Mills. Convicted of larceny, Su-
perior Court, Suffolk county, Aug. 13, 1894. Sentenced
to the house of correction for one year. Pardoned March
7, 1895, upon the ground of humanity. The prisoner's

Special Messages. 685

wife and two children had been supported during his Pardons.
imprisonment liy his brother-in-law, who had been killed
by the cars a few days previous to the granting of the
pardon, leaving both families entirely destitute of the
necessaries of life. The arrestinsj officer recommended
a pardon.

No. 7. Fred H. Hill. Convicted of perjury, Su-
perior Court, Plymouth county, Feb. 17, 1892. Sen-
tenced to state prison for five years. Pardoned March
14, 1895, upon the recommendation of the district attor-
ney who prosecuted the case. The crime was committed
during the trial of a friend of the petitioner's for main-
taining a liquor nuisance. The petitioner reaped no bene-
fit, emolument or reward from the perjury. The rights
of no individual were in any way impaired. About that
time the crime of perjury in the courts of Plymouth
county had become flagrant, and it was felt that some
firm stand should be taken in order to stop it. It was
l)elieved that he had been sufficiently punished for his
mistaken zeal in endeavoring to aid a friend.

No. 8. Arthur Ashworth. Convicted of larceny,
Police Court, Lowell, Nov. 17, 1894. Sentenced to the
Massachusetts reformatory on an indeterminate sentence.
Pardoned March 14, 1895, upon the recommendation of
the commissioners of prisons, who were of the opinion
that this case might properly have been dealt with by
probation. His age was fifteen years.

No. 9. George W. Crapo. Convicted of breaking
and entering and larceny, Superior Court, Bristol county,
July 17, 1893. Sentenced to the house of correction for
three years. Pardoned March 21, 1895. Crapo was
very ill with a complication of diseases, with little hope
of recovery. He died about six months after his release.

No. 10. John Connolly. Convicted of violating the
license law, Municipal Court, South Boston, Jan. 25,
1895. Sentenced to pay a fine of fifty dollars. Par-
doned March 22, 1895. The prisoner was unable to pay
the fine, and in default of payment had been held for
nearly two months in the house of industry. His family

686 Special Messages.

Pardons. ^^s entirely without means of support. Benevolent

people had secured employment for him if released.

No. 11. Charles H. Churchill. Convicted of drunk-
enness, Police Court, Marlborough, Oct. 27, 1894. Sen-
tenced to the Massachusetts reformatory on an indeter-
minate sentence. Pardoned March 28, 1895, upon the
recommendation of the commissioners of prisons and the
justice who imposed the sentence, on the ground that he
had been sufficiently punished and will hereafter lead a
temperate life.

No. 12. William Hamilton. Convicted of embezzle-
ment, Superior Court, Suffolk county, March 30, 1892.
Sentenced to the state prison for five years. Pardoned
April 4, 1895. Hamilton became involved in a question-
able transaction in connection with the order of the Fra-
ternal Circle. They had consulted counsel and supposed
they had a legal right to do as they had done in the prem-
ises. Restitution was made. Three years of the sentence
having been served it was the opinion of the council that
the ends of justice had been answered. Leading citizens
of Somerville urged a pardon. His previous character
had been of the best.

No. 13. James E. Murphy. Convicted of the larceny
of a necktie worth fifty cents. Municipal Court, Boston,
Oct. 23, 1894. Sentenced to the Massachusetts reforma-
tory on an indeterminate sentence. Pardoned April 11,
1895. The commissioners of prisons recommended the
pardon on the ground of excessive sentence and the need
of his family of his assistance.

No. 14. Harry P. Entwistle. Convicted of assault
with intent to kill, Superior Court, Middlesex county,
Feb. 13, 1892. Sentenced to the state prison for fifteen
years. Pardoned April 11, 1895, for the following
reasons : first, his meritorious and heroic conduct in
assisting the officers in suppressing a riot at the state
prison at the risk of his life ; second, his uniform good
conduct while in prison ; third, public safety and the pro-
motion of good order and discipline in all the prisons
of the Commonwealth will, in the opinion of the pardon

Special Messages. 687

committee, be materially promoted hy granting the par- Pardons.
don. The complainant, who was not seriously injured,
strenuously urged a pardon.

No. 15. Benigno Camuso. Convicted of polygamy,
Superior Court, Suffolk county, April term, 1894. Sen-
tenced to the house of correction for two years. Par-
doned April 12, 1895. Camuso's first wife had left him
and gone off with another man. Knowing no English and
being ignorant of our laws he married again, supposing
he had a right to do so. His first wife has died since he
was sentenced ; the second wife with her two children
were in the state almshouse ; friends stood ready to give
him employment ; he was re-married to the second wife
immediately after his release.

No. 16. George Elderkin. Convicted of larceny,
Superior Court, Essex county, Feb. 13, 1894. Sentenced
to the house of correction for three and one half years.
Pardoned April 18, 1895, upon the certificate of the
prison physician that the prisoner was suffering from
the effects of la grippe, and was not likely to recover.

No. 17. Henry E. White. Convicted of breaking
and entering and larceny, Superior Court, Middlesex
county, Nov. 6, 1893. Sentenced to the house of correc-
tion for three years. Pardoned April 25, 1895. White
was in an advanced stage of tubercular phthisis, with no
hope of recovery.

No. 18. Joseph Carr. Convicted of larceny, Superior
Court, Suffolk county, August term, 1894. Sentenced to
the house of correction for eighteen months. Pardoned
May 2, 1895, upon the recommendation of the complain-
ant and district attorney. This was the prisoner's first
offence ; he had previously borne a good reputation. He
had a wife and six small children depending upon him for
support. It was the opinion of the pardon committee
that the granting of the pardon would be no detriment to
justice.

No. 19. James Hogan. Convicted of larceny, Third
District Court, Bristol county, Nov. 21, 1894. Sentenced

688 Special Messages.

Pardons. .j^q |]-^g }iouse of coiTection for eighteen months. Pardoned

May 29, 1895. He was dangerously ill with an organic
disease of the heart and liable to die at any time.

No. 20. Daniel J. Cunningham. Convicted of lar-
ceny, Superior Court, Suffolk count}^ Ma}^ 19, 1894.
Sentenced to the Massachusetts reformatory on an inde-
terminate sentence. Pardoned June 5, 1895, upon the
recommendation of the commissioners of prisons. The
prisoner was in the first stages of consumption, with
little hope of recovery if he remained in the reformatory.

No. 21. Alexander Bright, Convicted of breaking
and entering, Superior Court, Hampden county, May 9,
1894. Sentenced to the house of correction for two
years. Pardoned June 13, 1895, upon the recommenda-
tion of the district attorney and sheriff of Hampden
county, upon the ground that the crime committed was
far less serious than was represented at the trial.

No. 22. Frank H. Scanlon. Convicted of violating
the license law, Superior Court, Worcester county. May
21, 1895. Sentenced to pay a fine of sixty dollars.
Pardoned July 3, 1895, upon the recommendation of the
district attorney and the prison physician. Scanlon was
in consumption, with little prospect of recovery.

No. 23. Albert Joy. Convicted of murder in the
first degree, July 12, 1877, and sentenced to be hanged
Oct. 19, 1877. Owing to there being grave doubts as to
his guilt, the evidence at the trial being circumstantial,
the governor and council commuted the sentence to im-
prisonment for life, Oct. 16, 1877. After remaining in
prison eighteen years he was conditionally pardoned
July 5, 1895. After many and careful hearings, at
which evidence was introduced which was not presented
at the trial, the pardon committee was satisfied that the
object of imprisonment had been accomplished and that
no public interest would suffer by his release. He had
always protested his innocence in the most emphatic
manner. His prison conduct had been excellent. He
had a good home, where he would be aided to lead a
useful life.

Special Messages. G89

No. 24. Edward H. Farrell. Convicted of drunk- i^^ious.
enness and assault, Superior Court, Norfolk county,
Sept. 13, 1893. Sentenced to the house of correction
for three and one half years. Pardoned July 24, 1895,
upon the recommendation of the district attorney, sherift"
and prison physician. Prisoner was seriously ill with
acute consumption, with little hope of recovery unless
released.

No. 25. Herbert H. Grainger. Convicted of as-
sault and battery, First District Court, Northern Middle-
sex, June 25, 1895. Sentenced to the Massachusetts
reformatory on an indeterminate sentence. Pardoned
eTuly 25, 1895, upon the recommendation of a large num-
ber of the leading citizens of Pepperell, where the alleged
crime was committed. The commissioners of prisons
made a very careful investigation, and were strongly of
the opinion that the sentence Avas unjust and that the
young man should not have been sent to the reformatory.

No. 26. Ida L. Moore. Convicted of vagrancy and
of being idle and disorderly, Police Court, Lee, July 17,
1893. Sentenced to the reformatory prison for w^omen
during minority. Pardoned July 31, 1895. The pris-
oner had a home to go to in Maine, where she would be
under good influences and entirely removed from her
former associates. The pardon committee were of the
opinion that she would profit by the punishment already
received, and that it had been sufficient.

No. 27. George A. HoDGNEY. Convicted of larceny,
Superior Court, Middlesex county, February term, 1895.
Sentenced to the house of correction for fifteen months.
Pardoned Sept. 4, 1895, upon the recommendation of the
})ersons from whom the property was stolen, one of whom
was ready to give him steady employment. His crime
consisted of breaking into hen houses in the town of
Hopkinton. His previous character had been good.

No. 28. Charles J. Ball. Convicted of assault,
Superior Court, Worcester county, Jan. 24, 1894. Sen-
tenced to the house of correction for three years. Par-
doned Sept. 4, 1895. The district attorney certified that
facts had come to his knowledge, not appearing at the

690 Special Messages.

Pardons. trial, wliich had modified tlie view lie had takeu of the

defendant's guilt ; that he had reason to believe that it
was a case where executive clemency might properly be
exercised, and that public justice would not be prejudiced
by such action. This was the prisoner's first oftence.
Pardon was urged by the selectmen and many of the lead-
ing citizens of Holden, where the crime was committed.

No. 29. Michael Connolly. Convicted of violating
the license law, Municipal Court, South Boston, July 26,
1895. Sentenced to pay a fine of fifty dollars, for non-
payment of which he was committed to the house of
industry. Pardoned Sept. 26, 1895, upon the recom-
mendation of the justice who imposed the sentence. The
prisoner, who was too poor to pay his fine, had been in
prison for two months, which was considered an adequate
punishment for the offence, as he had been engaged in
the illegal traffic not more than two or three weeks when
arrested. His family was in destitute circumstances
owing to his imprisonment.

No. 30. Margaret A. Foley. Convicted of stub-
bornness, Municipal Court, South Boston, May 24, 1895.
Sentenced to the reformatory prison for women for one
year. Pardoned Oct. 10, 1895, upon the recommenda-
tion of the commissioners of prisons. During her im-
prisonment she had been quiet and well-behaved. Since
her sentence her mother has died, and her father, who is
nearly blind, left without a housekeeper. The pardon
committee was of the opinion that she would profit by the
punishment she had received, and that it had been suf-
ficient.

No. 31. Joseph Gregoire. Convictedof lewd and las-
civious cohabitation, Superior Court, Worcester county,
Oct. 17, 1894. Sentenced to two years in the house of
correction. Pardoned Oct. 17, 1895. The district attor-
ney, after a conference with Justice Braley, who passed
sentence in the case, was led to the conclusion that the
exercise of executive clemency would not be prejudicial to
the administration of the law. The prisoner was accord-
ingly pardoned upon the completion of just half his sen-
tence, and returned immediately to his home in Belgium.
His associate in crime, who was living with him as his wife,

Special Messages. 691

he having a wife in Belgium, was allowed to go without ^^''''ons.
punishment, and returned to her friends in France.

No. 32. Charles W. Cavanaugh. Convicted of lar-
ceny, Superior Court, Suffolk county, March 12, 1894.
Sentenced to two years in the house of correction. Par-
doned Oct. 17, 1895, upon the recomendation of the com-
missioner of institutions of the city of Boston, and the
district attorney of Suffolk county. It appeared that the
crime was of a less serious nature than was represented
at the trial. He was convicted upon the evidence of a
pawn-broker since found to have been an untruthful wit-
ness.

No. 33. Charles Cronin. Convicted of larceny, Su-
perior Court, Suffolk county, March 12, 1894. Sentenced
to two years in the house of correction. Pardoned Oct.
17, 1895, for the same reasons as No. 32.

No. 34. Bridget Mahoney. Convicted of drunken-
ness. Municipal Court, Boston, June 19, 1895. Sen-
tenced to the reformatory prison for women for one year.
Pardoned Oct. 31, 1895. The prisoner was a married
woman but nineteen years old. She had a child twelve
months old who was ill and needed a mother's care and
attention. The father was not able to provide for its
wants in the mother's absence. It was believed that the
young Avoman would profit by the imprisonment already
served and would hereafter abstain from the use of intoxi-
cating drink.

No. 35. Willis E. Flint. Convicted of larceny,
Superior Court, Middlesex county, February term, 1895.
Sentenced to the house of correction for fifteen months.
Pardoned Nov. 11, 1895. This was Flint's first offence and
was not of a serious nature. His previous reputation had
been of the best. The pardon committee was of the
opinion that justice had been answered by the punish-
ment already suffered.

No. 36. Max Pearlstein. Convicted of larceny,
Superior Court, Suffolk county, Dec. 31, 1894. Sen-
tenced to the house of correction for two and one half
years. Pardoned Dec. 5, 1895. The pardon committee

692 ' Special Messages.

Pardons. ^^s of the opinioii that justice had been satisfied by the

punishment already suffered, as there were mitigating,
circumstances connected with the case which, if presented
at the trial, would undoubtedly have materially lessened
the sentence.

No. 87. Mary Gibbons. Convicted of being idle
and disorderly. Municipal Court, Boston, Aug. 24, 1895.
Sentenced to the reformatory prison for women for one
year. Pardoned Dec. 12, 1895. The prisoner was the
only daughter of most respectable parents. As this was
her first oflence, and as her home surroundings were good,
she was thought to be a proper subject for executive
clemency.

No. 38. Timothy J. Hayes. Convicted of breaking
and entering, Superior Court, Norfolk county, Sept. 20,
1895. Sentenced to the house of correction for two
years. Pardoned Dec. 19, 1895. The pardon commit-
tee was satisfied that the prisoner was innocent of the
crime for which he was sentenced. The principal witness
upon whose testimony he was convicted has since been
found to be unreliable and untruthful. The district at-
torney and a portion of the jury believed there was doubt
as to his guilt, and were of the opinion that the ends of
justice would be met if he were released.

No. 39. Peter Shellmer. Convicted of robbery,
Superior Court, Suffolk county, May term, 1894. Sen-
tenced to the state prison for seven years. Pardoned
Dec. 26, 1895, upon the recommendation of district
attorney Stevens. Shellmer and one George McQueeney
were married to sisters, and lived in a tenement house of
six tenements. The party assaulted was a milkman. He
had a helper who lived in this tenement house, and was
accustomed to call early in the morning for him. The
prisoners having heard his footsteps previous mornings,
lay in wait for him, believing him to be a burglar, and
severely assaulted him. The district attorney was of the
opinion that it was simply an assault under a misappre-
hension. Shellmer's employers had always found him an
industrious, sober and hardworking man, and were ready
and anxious to give him employment as soon as he could
be released.

Special Messages. 693

No. 40. George McQueeney. Convicted of robbery, Pardons.
Superior Court, Suftblk county. May term, 1894. Sen-
tenced to the state prison for seven years. Pardoned
Dec. 31, 1895. The circumstances which led to the
pardon of Shelhner, No. 39, apply equally to the case
of McQueeney.

[To the honorable senate and house of representatives, Jan. 6, 1896.]

I transmit to you herewith for your information and
action the seventh annual report of the state house con-
struction commissioners.

[To the honorable senate and house of representatives, Jan. 10, 1896.]

I transmit herewith, for your consideration and action,
a communication from the governor of the state of Ten-
nessee inviting the people of this Commonwealth to attend
the grand industrial interstate and international exposi-
tion in the city of Nashville, beginning Sept. 1, 1896.

[To the honorable senate and house of representatives, Feb. 4, 1896.]

I herewith transmit for your consideration and action
a supplementary report of the "board of commissioners
for the promotion of uniformity of legislation in the
United States", authorized by chapter 405 of the acts of
1891.

[To the honorable senate and house of representatives, Feb. 24, 1896.]
It is my duty to announce to the legislature the death,
on Saturday, February 22, of ex-governor George Dexter
Robinson.

The life of a noble public servant has been suddenly
terminated. The public services of George D. Robinson
cannot l>e over-estimated, whether in national or state
affairs. His character represents the ideal of the state of
Massachusetts. His sturdy honesty, his inflexil)ility of
purpose, his training and industry, all contributed to
make him a valuable member of the community, whether
in public or private station. His death is a great bereave-
ment to the people, and the Commonwealth is a sincere*
mourner.

I recommend your honorable body to take such action
upon this sad event as may seem to you fitting.

694 Special Messages.

THE FOLLOWING SPECIAL COMMUNICATIONS WERE MADE TO THE
LEGISLATURE, BY HIS HONOR, THE LIEUTENANT GOVERNOR,
ACTING GOVERNOR, SUBSEQUENT TO THE DECEASE OF GOVER-
NOR GREENHALGE.

[To the honorable senate and house of representatives, March 5, 1896.]

His Excellency, Frederic T. Greenhalge, governor of
the Commonwealth of Massachusetts, died at his home in
Lowell this fifth day of March at 12.30 a.m. It is with a
profound sense of personal sorrow that I make this official
announcement to your honorable bodies.

Not for seventy-one years has the Commonwealth been
called to mourn the death of her supreme executive magis-
trate during his term of office. The grief which her loyal
citizens would ever feel at the untimely death of one in
high office is increased by their appreciation of the ability,
fidelity and courage which governor Greenhalge has dis-
played in the performance of his laborious and responsi-
ble duties. His devotion to the ])est interests of the
Commonwealth has been conscientious and unremitting.
He has not spared time or strength in her service.

By his manly independence of thought and speech, by
his high sense of loyalty and patriotism, and by his
kindliness of nature, he has endeared himself to all her
citizens. His memory is safe in their keeping. His
name will find permanent place on the roll of those who
have faithfully and ably served the Commonwealth of
Massachusetts.

Your honorable bodies* will doubtless take such action
as may seem to you befitting this solemn occasion, and I
shall endeavor to meet the convenience of any committees
that may ])e appointed, with the ^^ew of conferring as to
the liest methods of showing respect to his honored
memory.

[To the honorable senate and house of representatires, March 13, 1896.]

I have the honor to call to your attention the fact that
by chapter 109 of the resolves of 1893 a sum of money
^was appropriated by the legislature of that year to be
expended by the governor and council in providing a
suitable and appropriate gift to the government of the
United States to l)e placed in the battleship " Massachu-
setts," in recognition of the honor paid the Commonwealth

Special Messages. 695

in the selection of the name of said battleship. Owing to
the length of time requisite to the construction of a vessel
of this class it was not found possible to take any action
under this resolve before the close of the year 1894, when
the sum so appropriated reverted, under Public Statutes,
chapter IG, section 30, to the general treasury, and cannot
l^e paid out except upon a new appropriation.

The battleship which is to bear the name of this Com-
monwealth will shortly 1)e completed, and I deem it my
duty to present these facts to your consideration, with the
recommendation that such action be taken as shall carry
out the intent of the resolve of 1893 and shall seem to
you befitting the dignity of the Commonwealth.

[To the honorable senate and house of representatives, April 15, 1896.]

I transmit to you herewith for your information and
use the accompan>'ing report of the Massachusetts l)oard
of managers at the cotton states and international exposi-
tion, appointed under chapter 113, resolves of 1895.

[To the honorable senate and house of representatives, April 27, 1896.]

I return herewith to the branch of the legislature, in
which it originated, a bill entitled "An Act relative to
the Protection of Lobsters," together with my objections
thereto in writinff.

This act lessens the protection which our statutory law
for twenty-two years has afforded, by reducing the size
at which loljsters may be taken and sold from 10| to 9
inches. It does not require proof by statistics, but is a
fiict of common observation that during this period the
average size of lobsters placed on the market for sale
has diminished, while the price has advanced. This
shows that under the conditions that have existed, the
supply of this important food has not kept pace with the
increasing demand.

If it could be shown that the proposed legislation
would prove of more than temporary benefit to those
immediately occupied in this fishery, and tliat this benefit
would not l)e ofi'-set hy injury to the great Ijody of our
people, it would deserve and would receive executive
approval. But from the most careful examination which
I have been able to give to this matter, I am satisfied
that this is not the case. *

696 Special Messages.

There is no unanimity in favor of this legislation even
amonir those actually engaged in the industry. Not only
from dealers in lobsters, but from numerous lobster fish-
ermen as well have come earnest protests against the
change. Improvident and illegal methods employed by
those beyond the jurisdiction of this Commonwealth have
doul)tless helped to make more difficult the livelihood of
our citizens engaged in this fishery ; and in certain local-
ities the condition of those who yield a ready oliedience
to the law, which in any Massachusetts community must
always constitute the great majority, is without doubt
one of diminishing profit and increasing hardship.
^ But the executive must look to the effect of proposed

legislation upon the people of the whole Commonwealth,
and believing that the effect of this bill, if enacted, even
if temporarily l)eneficial to a part of the population of
the state, must be finally a detriment to all, I am unalile,
in the performance of the duty imposed upon me 1)y the
constitution, to approve it.

[To the honorable senate and house of representatives, May 2, 1896.]

I return without my approval, to the branch in which it
originated, a bill entitled " An Act in relation to member-
ship in the society of the First Congregational Church of
Lowell." I present herewith my objections thereto in
writinof.

The bill in terms requires the admission of persons to
membership in the society of the First Congregational
Church of Lowell who are not now members, and this
without the consent and even against the will of the pres-
ent members of the society. This is done avowedly for
the purpose of effecting a change in the action of the
corporation upon certain contested issues, by changing
the present minority to a majority.

I do not recall an instance in the legislation of this
Commonwealth in which this has been done or attempted
l)efore. Certainly such legislation is most unusual.

If the society of the First Congregational Church of
Lowell is a corporation owning property, the effect of the
bill would be practically an alienation of the rights of
the existing members in the corporate property without
their consent. Such legislation would plainly be uncon-
stitutional.

Special Messages. 697

It is claimed, however, that the corporation owns no
property. I understand the facts in relation to this mat-
ter to be that the former owners of the land on which the
meeting-house stands made a deed of the same to the
First Congregational Church of Lowell, a voluntary eccle-
siastical association without corporate existence. This was
in 1870. In 1873 the church, desiring to raise money
upon the property, applied to a savings institution for
that purpose, and was advised by the attorney of said
institution that the deed to the church was void, there
being no corporation so entitled. Accordingly a new deed
was made from the original proprietors to the society of
the First Congregational Church of Lowell, a body duly
incorporated, and the society thereupon entered into pos-
session of the property and has continued in peaceable and
undisputed possession thereof since that time, being a
period of more than twenty years. Money has been loaned
to the society upon the security of a mortgage of the
property executed by said society ; the property has been
insured for the benefit of the society ; an expensive church
edifice has been erected by the society upon the land, and
m all respects the society has dealt with it as its own.
This has been done, so far as I am informed, without pro-
test or objection upon the part of the church or any mem-
ber thereof.

Proceedings have been taken in court within a short
time in which the title of the society to the property is
drawn in question ; the church clamiing that the prior
deed to it is valid, and that the title is therefore in the
church.

It is not the province of the executive to pass upon the
merits of the questions of law involved in these proceed-
ings, but I cannot shut my eyes to the fact that the society
is and for many years has been in possession of the prop-
erty under a claim of title apparently acquiesced in and
under which it has made valuable contracts. There can
be no question that if the title to the property is in the
society this bill is unconstitutional. Inasmuch as the
society is in possession under a claim of title which has
not been disputed for many years, the presumptions of
fact are so far in its favor that I think I ought not to give
my assent to a bill which may disturb that title, and which
upon the presumption of existing facts is plainly unconsti-
tutional and can only become a constitutional measure if

698 Special Messages.

those now in possession of the property are divested of
their title by legal proceedings recently begun.

Upon general considerations of public policy, I do not
think the bill is wise. It is not only special legislation,
but is legislation which directly takes sides in a church
controversy, some of the issues of which are already before
the court for dgtermination. I think the policy of the
Commonwealth is best carried out when the state abstains,
so far as may be, from interference with church affairs,
and requires members of religious organizations to settle
their affairs under the wise provision of the general laws
upon our statute books.

It has been strongly claimed, and I doubt not that the
members of the legislature were influenced by the belief,
that the equities of the case required the passage of the
bill. On this point I do not feel called upon, for
the purposes of this message, to express an opinion,
but it is proper to obsen^e that the polity of the con-
gregational body provides a tribunal to hear and settle
church dissensions, to wit, a council of churches, and that
this method of adjudicating differences has been declined
by the petitioners for the present legislation. I cannot
but believe that the members of the legislature have been
influenced by the consideration of the apparent equities
of the present case to disregard the general policy which
should animate all legislation, to wit, that special legis-
lation is at all times to be deprecated, and that the state
should keep aloof from, and not interfere in, theafl'airs of
religious corporations. To do so would, in my judgment,
not only be unwise as a matter of public policy, but would
invite frequent applications for such interference, to the
extent that the legislature would find itself called upon to
be the court of appeal in all church affairs where the mem-
bers and officers found themselves unable to agree.

For the foregoing reasons I am unable to approve the
bill.

[To the honorable senate and house of representatives, May 4, 1896.]

I transmit herewith for your consideration a communi-
cation recently received by me from the chairman of the
state house construction commissioners, reporting that
the work of constructing the extension of the state house
betw^een the Bulfinch front and the north side of Mt.
Vernon street has so far approached completion that, if it

Special Messages. 699

is desired to furnish it, an appropriation should be made
for that purpose, and for the interior linish of Memorial
Hall.

[To the honorable senate and house of representatives, June 2, 1896.]

• I return herewith " An Act to incorporate the Massa-
chusetts Pipe Line Company," with my objections thereto
in writing.

The powers and privileges granted to the corporation
are far more extensive than the title of the act would indi-
cate. It is not a pipe line company merely ; it is a gas
company with privileges more far-reaching than have ever
heretofore been granted to a Massachusetts corporation.
The six persons named, their associates and successors, are
granted a charter with a capital which may be indefinitely
increased. They may engage in the business of manufac-
turing gas for all purposes, of all kinds, by any method
and in all parts of the Commonwealth. Under this bill
they may establish gas works in every city and town in
the state. They may lay pipe lines for the conveyance
of gas in every highway. Their right to lay such pipe
lines, not only from town to town but within the same
town wherever they see fit to connect one pipe line with
another or with a distributing system, is absolute, and
not subject to the prohibition or control of any authority
whatever, excepting as to the mere details of location.
They may, with the approval of the municipal authorities
or the board of gas commissioners, engage in the business
of selling gas to private consumers and lay pipes therefor
in any town or city in the state. Although under the
well-settled policy of the Commonwealth a municipality
may not engage in the business of furnishing gas to con-
sumers without purchasing plants already established
within its borders, this company is under no such obli-
gation to purchase. It is relieved from certain of the
restrictions of existing laws as to the quality of the gas
which it may sup{)ly. Finally, it is given the power to
acquire by purchase or lease the property of all the gas
companies in the state.

It is obvious that this bill is a radical departure from
the well-settled policy of legislation in Massachusetts.
Heretofore, not only the organization of companies for
the manufacture and sale of aas, but the business carried

700 Special Messages.

on by them, have been carefully regulated by general
laws applical^le to all persons and companies alike. The
limit of capital is fixed. The location and extension of
pipes, involving the right of digging up public ways, are
to be obtained only by permission of the local authori-
ties ; the quality and price of the gas manufiictured are
under the immediate control of the CommouAvealth. The
purchase or leasing of a gas plant by another company is
practically prohibited. In compensation for this strict-
ness of control, the right of competition, so for as it
authorizes two or more distributing systems to encuml)er
the streets of the same municii)ality, has been carefully
restricted, and the assurance thus held out to promoters
of such enterprises that if their Inisiness be well con-
ducted and the quality and price of their gas satisfactory
they should be protected from destructive competition.
Upon the faith of this policy of the Commonwealth, a
policy repeatedly declared by the legislature, many mil-
lions of dollars have been invested in the business of
making and distributing gas.

By this bill no one of these regulations is removed from
existing companies, except that they may sell or lease
their plants to the Massachusetts Pipe Line Company.
The established policy of the Commonwealth as to other
gas companies remains unchanged. But the bill gives to
this company a charter empoAvering it to compete through-
out the state with existing companies, handicapped as
those companies necessarily would be l)y restrictions and
regulations in force as to them, but from many of which
these incorporators are exempt.

I feel justified in saying that rights and privileges so
exceptional should not be granted to any body of men
without the clearest assurance of benefit to the pu1)lic. It
is a fundamental principle of the organic law of ^lassa-
chusetts that " no man, nor corporation or association of
men, have any other title to obtain advantages or partic-
ular and exclusive privileges distinct from those of the
community than what arises from the consideration of
services rendered the public." The only ground upon
which this l)ill can stand is that by its passage the price
of gas will be made cheaper to the public. But upon
examination of its provisions I find no such assurance.
The only provisions which relate to the price of gas are :
first, that when the company purchases an existing plant

Special Messages. 701

it shall not increase the price of gas ; second, that when
it enijaoes in the business of sellmo- o'as to the consumer on
its own account its prices shall be subject to the jurisdiction
of the gas commissioners, as those of existing companies
now are ; and third, that when it sells gas to a corporation
or municipality the price of gas delivered to the holder or
distributing system of such company or municipality shall
not exceed thirty-five cents per thousand cubic feet.

It is obvious that the two provisions first named do not
insure cheaper gas to the consumer. There is no promise
of reduction of price in case of purchase of another plant ;
and there is no obligation on the company, in case it sells
gas to the consumer on its own account, to sell at any
cheaper rate than do existing companies. Indeed, the
petitioners, as I am informed, have expressly disclaimed
any such assurance. When an amendment was adopted
in the house of representatives limiting the price of gas
to consumers at fifty cents, it was frankly stated by the
friends of the bill that a charter with that provision would
l)e of no benefit to the promoters. Even a proposition
which was made in the senate, to limit the price to con-
sumers at ninety cents, a sum not greatly less than the
present average price of gas to consumers in this state,
was defeated by the friends of the bill.

The only possible ground upon which it can l)e claimed
that the bill affords any assurance of cheaper gas is the
clause which limits the price to thirty-five cents per
thousand feet when delivered to the holder or distribut-
ing system of a city or town or of anotiier company. But
this limitation does not necessarily reach the consumer.
It is matter of common knowledge that a very consider-
able portion of the expense of gas to the consumer is in
the distribution ; and it is asserted that the average cost of
gas of standard illuminating power in the holder does not
greatly exceed thirty-five cents, and that, if the restrictions
as to illuminating power were removed, as is permitted to
this company, a much cheaper price in the holder might
be obtained. Moreover, many of the extraordinary priv-
ileges granted by this bill, such as the right to purchase
or lease the property of companies already established,
and the roving commission to engage in the gas business
throughout the Commonwealth in competition with exist-
ing companies, have no necessary relation to the pipe line
business, to which alone this limit of price applies.

702 Special Messages.

I am aware that the statement is made that it is hoped
and expected by the promoters that by the introduction of
a kind of coal not now in general use and by some pro-
jected improvements in methods of manufecture the com-
pany will be able to furnish cheap coke and cheaper gas
for illuminating purposes, and especially to reduce largely
the price of gas for fuel purposes. These claims, how-
ever, are merely prospective, — they are not in the bill.
It is not necessary, in order to establish the truth of such
claims, that a company be granted extraordinary privi-
leges. It is matter of common knowled2:e that this fran-
chise is sought l)y men of wealth and enterprise, who have
already under their control the largest distributing system
in the Commonwealth, where every facility is aflbrded for
the production of cheap gas both for fuel and illuminating
purposes, even to the extent of a double line of distribut-
ing pipes in many of the streets of the territory which it
covers. I refer to the densely populated area now covered
by the Boston Gas Light Company and the Brookline Gas
Company.

All the claims of these promoters can be verified and
established upon the systems now within their control.
It will be time enough, in my judgment, to grant the
exceptional privileges of this bill when, in the field now
controlled by them, they shall have been able to verify
the claims upon the mere promise of which they ask for
this bill.

Nor can I lose sight of the fact that this bill is a grave
menace to existing companies, in which the money of
the citizens of Massachusetts has been largely invested.
Massachusetts owes much of her prosperity to the safe-
guards she has imposed upon her corporate investments.
To this wise policy,, under which the rights of the public
and the rights of capital are both assured, she is largely
indebted for her present high position. The Common-
wealth stands pledged to the proposition that those who
have risked their money in public-service corporations,
so long as they serve the public well and cheaply, shall
not be exposed to destructive competition. I am well
aware that these considerations of regard for vested inter-
ests should have no weight when they are opposed to the
welfare of the pul)lic.

It is far more important that the citizens of Massachu-
setts should have gas for illuminating and fuel purposes

Special Messages. 703

at the cheapest possible price than that the investments
of shareholders in gas companies should be protected.
Any measure in the interest of cheap gas is of the highest
possible public benefit, and other considerations must
yield to the advantage thus gained to the public. Cor-
porate interests cannot stand against the welfare of the
community.

But the only way in which this bill, otherwise than
through its pipe line features, to which I have referred,
can justly claim to be for the benefit of the public is in
the privilege of competition it affords to the corporation
it creates. That this competition may be destructive of
vested rights it is not difficult to foresee. This is not
alone because the promoters of this bill are men of means
and enterprise, nor is it pretended that they are the ex-
clusive possessors of any new invention or patented
method, which they alone can employ. The bill itself, •
through the exceptional privileges it grants and which
are denied to its competitors, gives to this company
an undue advantage. Experience has demonstrated that
unrestricted competition by public-service corporations,
although the temporary results may be to make cheaper
prices to the public, seldom accomplishes any permanent
good. The public must eventually pay the bills.

I can see no permanent advantage to the community in
arming this company with a club by which it may strike
down those already in the field. Temporarily it may
cheapen prices ; indeed, it must do so or promise to do
so, that it may strike them down ; but the history of such
competition demonstrates that eventually it is the public
that suffers.

If the wise policy of Massachusetts, long established
and maintained as to its public-service corporations, is to
be changed, the change should l)e made not for the benefit
of one body of men, but for all alike. If better results
can be obtained for the public by competition, then it is
but simple justice that the restrictions which have been
established should be removed from all citizens and all
corporations alike. In my opinion, it is not justice to
vested rights, nor sound business policy, nor for the
interests of the public, to authorize the discriminations
which this bill proposes to establish, especially without as-
surance by actual demonstration or sufficient guaranty that
the public benefit which could alone justify them must ensue.

704: Special Messages.

If the bill were limited to a pipe line charter, that is,
a charter granting authority to lay pipe lines for the con-
veyance of gas from town to town, with the privilege of
selling the product to the municipality or to existing com-
panies or even to consumers, if no distributing system is
in the field, with suitable restrictions as to price and
quality, many if not all the objections which I have stated
to the existing bill would be removed. Indeed, from the
arguments and claims of the promoters of the enterprise,
which have been put in my hands for perusal, the estab-
lishment of a pipe line system appears to have been the
essence of their petition ; l)ut this bill does not stop
with such a system ; it has added such exceptional, un-
necessary, and, in my judgment, injurious, privileges and
powers, that in its present form I cannot give it my
approval.

CHANGE OF NAMES.

CHANGE OF ]^AMES OF PERSONS.

In compliance with the requirement of the Public Statutes, Chap. 148, Sect. 14, returns of the
following Changes of Names have been received in the office of Secretary of the Common-
wealth, as decreed by the several Judges of the Probate Courts in their respective Counties ; —

BARNSTABLE COUNTY.

Date of
Decree.

Original Name. Name Decreed.

Residence.

1893.

Feb. 12,
April 2,
May 14,
Sept. 10,
Oct. 1,
1,
Dec. 10,

Joseph Warren Francis,*
Gorden Baker,*
Wendell Van Campen Craig
Charlotte W. Smith, .
Mary A. Fahey,* .
Margaret Rogers Wade,*
Nellie Spencer,*

Joseph Warren Barnes,
Walter Everett Stuart, .
David Van Carapen Craig, .
Charlotte W. Hardy,
Mary Ellsworth Wiley,
Margaret Rogers Wade Voae,
Harriet Elizabeth Runnels, .

Provincctown.

Falmouth.

Provincetown.

Chatham.

Wellfleet.

Chatham.

Eastham.

BERKSHIRE COUNTY.

March

5,

Edith Irene Beatty,* .

Edith Irene Ford

Williametown.

April

2,

Helen Isabelle Duncanson,*

Helen Isabelle Baillie, .

Adams.

May

11.

Jennie May Griswold,* .

Jennie May Upton,

Adams.

June

20,

William Lee,*

William Lee Kent,

Cheshire.

Aug.

10,
10,

Elizabeth Tibdeor,*
Eva Maude Loring,*

Elizabeth Mooney, .
Eva Myrtle Pomeroy,

Pittsfield.
Washington.

Sept.

3,
3,
3,

Frederick McNulty,*
Bessie Miller,*
John Ready,* .

Michael Frederick Cassidy,
Viola Lillian Norrie,
John R. Quinn,

Lee.

Pittsfield.

Piltetield.

Dec.

4,

20,

William Maloney,*
Johanna Norton,* .

William Lavassur, .
Annie Conway,

New Marlborough.
Sheffield.

BRISTOL COUNTY.

Jan.

4

Feb.

1

15

15

April

5

May

3

June

21

Aug.

2

2

2

Oct.

4

Nov.

1

1

15

15

Charles Leeming,*

Florence L. Cahill,*

T^o„.,», A \ Galand,* )

Joseph A. I Q^nani* \ '

Joseph Leeming,* .

Lucy Williams,* .

Aima May McKinnon,*

Donald Angus McLeod,*

Elsie E. Lang,*

William Carmichael of Fall River,

Mary Kelly,* .

Clytie May Ball,* .

George F. Bennett,*

Irene McDonald,* .

William A. Hitt,* .

Frances B. Rugg,* .

Charles Leeming Potts,
Maud Alice Cook, .

Leo Alfred Togus, .

Joseph T. Whormby,
Lucy Matteson,
Bertha May Stearns,
Donald A. McL. Dunn,
Elsie E. Jones,
Charles L Carr,
Isabel F. Adam,
Clytie May Mills, .
George F. Morrow,
Gertrude Evelj'n Polsey
William Shaw Leach,
Frances S. Thayer,

Fall River.
Fall River.

Fall River.

Fall River.
Fall River.
Mansfield.
New Bedford.
Taunton.
Freeport, Me.
Fall River.
Fall River.
Fall River.
Attleborough.
Pall River.
Fall River.

* Changed by reason of adoption.

708

Change of Names.

ESSEX COUNTY.

Date of

Original Name.

Name Decreed.

Residence.

Decree.

1895.

Jan.

21

Cecelia Morarity,* ....

Cecelia Robishaw, ....

Salem.

Feb.

4

RuthE.Dolan* .

Ruth Esther Stevens,

Salem.

18

Irene M. Young,* .

Irene Girard

Lynn.

March

4

Margaret Galvin,* .

Margaret Mary Durand,

Boston.

11

Josephine Switzer,*

Josephine Gerhaeuser, .

Lawrence.

18

Minnie Knowles,* .

Bessie Mildred Jones, .

Lynn.

18

Minnie E. Keilly,*.

Minnie Emily Keefe,

Lawrence.

April

15

Frank E. Trohon, .

Frank Edward Thorndike, .

Lynn.

15

Henry 8. McCabe, .

Henry Samuel Nickerson,

Gloucester.

15

Teresa M. Connors,*

Teresa Margaret Choate,

Boston.

15

Clayton nil),*

Clayton Hill Stevens,

Boston.

May

6

Ida M. Trebble,* .

Iva Alice Greene

Lawrence.

6

George Guilford,* .

George Louis Greene, .

Lawrence.

6

Nellie Bkerritt,* .

Nellie Laliberty

Methuen.

6

Constance C. Wakefield

*

Constance Vivian Frazier,

Boston.

20

James F.Cook,

Benjamin Franklin Cook,

Gloucester.

June

10

Martha J. Russell,*

Martha Jane Weimer, .

Boston.

July

1

Alida N. Tever,* .

Alida Nekolin Swinson,

Gloucester.

Aug.

5

Everett S. Littlefleld,*

Clarence Irving Willis, .

Lawrence.

5

Frank W. Knight, .

Frank Woodfin Hammond, .

Beverly.

Sept.

16

Ernest Ames,*

Frederick Forrest Patterson,

Lynn.

23

Hiram McCabe,

Hiram Nickerson, ....

Gloucester.

Oct.

14

Mary E. Johnson,*

Clara Louise Locke,

Peabody.

21

Hazel F.Hubley,*.

Hazel Florence Grafton,

Lynn.

Nov.

11

Esther Wakely,* ,

May Low Tarr, ....

Boston.

Dec.

2

James Hanson,*

Walter Henry Christian,

Gloucester.

2

Maude E. Mace,* .

Maude Esther Miller,

Salem.

16

Clarence Hanson,* .

Clarence William Carye,

Gloucester.

16

Hildas. Warner,*

Hilda Sophia Anderson,

Rockport.

FRANKLIN COUNTY.

April

13,

Vajda,*

Frederick Kiley Hillman,

Ashfleld.

13,

Tobin,* .

Mary Sullivan,

Montague.

May

28,

Florence Lola Chase,* .

Florence Lola Canedy,

Shelburne.

Sept.

3,
3,

Bertha Davis,*
Walter Charles Doyle,*

Edna Ethel Howlaud,
Walter Charles Davis,

Heath.
Monroe.

Oct.

1,

Bessie T. Backus,*

Bessie T. White, .

Orange.

Nov.

6,

Mary M. Roberts,*

Mary M. Parsons, .

Greenfield.

Dec.

3.

Joseph Oliver Watson,*

Oliver Watson,

Greenfield.

HAMPDEN COUNTY.

Feb.

15,

Robert Harry Mclntire,*

Robert Harry McVeigh,

Agawam.

March

29,

Addie E. Bemis,* ....

Addie E.Frost

Springfield.

April

12,

Ellen Theresa Linquist,*

Ellen Theresa Armstrong,

Springfield.

May

1".

Helen Robinson Peacock alias
Donaldson.

Helen Robinson Donaldson, .

Holyoke.

1".

Hiram Bucher Peacock alias
Donaldson.

Hiram Bucher Donaldson,

Holyoke.

June

S,

Mary Travers,* ....

Mary Travers Sexton, .

Springfield.

19,

Simon Kovenski, ....

Simon Franklin

Springfield.

July

12,

Robert Mills Morgan,* .

Robert Mills Rising,

Springfield.

•Sept.

4,

Frederick William Matthews,

Frederick William Matthews
Robinson.

Springfield.

4,

William Chase Furnel, .

William Chase Fernald,

Springfield.

4,

Ellen Smith Furnel,

Ellen Smith Fernald, .

Springfield.

4,

Ada Mary Furnel,

Ada Mary Fernald,

Springfield.

4,

Edgar Smith Furnel, .

Edgar Smith Fernald, .

Springfield.

* Changed by reason of adoption.

Change of IS'ames.

HAMPDEN COUNTY -Concluded,

709

Date of
Decree.

Original Name.

Name Decreed.

Residence.

1S95.

Sept. 4

4

21

27

28

Oct. 2

Nov. 6

"Walter Merritt Furnel, .
Nofa Augusta Furnel, .
Catherine Frances Craven,*
Elsie Cosens,*
Earle Fuller,*
Frank Tobin,*
May B. Sargood,* .

Walter Merritt Fernald,
Nora Augusta Fernald, .
Catherine Frances Scully,

Elsie Dupee

Earle Wentworth Makepeace,
Frank Heredeen, .
May Sargood Wheeler, .

Springfield.

Springfield.

Springfield.

Holyoke.

Springfield.

Monson.

Springtield.

HAMPSHIRE COUNTY.

Jan.

1,

Feb.

5,

March

5,

6,

May

7,

21,

July

2,

Aug.

13,

13,

Sept.

3,

S,

Dec.

3,

"Walter E. Mann,* .
Alice Carrington,*
Grace Barney,*
Mabel Hattie Packard,*
Clarence J. Snow,*
George W. Jordan,*
Henrietta Goldie Wilson,*
Henry De'Wolf CotTm,*
Rupert Aubrey Ranney,*
George Keating,* .
Daisy Maree Newton,* .
William Newcomb,*

Charles Washington Holcomb,
Alice Carrington Hofraan,
Grace Woodward Montague,
Mabel Hattie Cosgrove, .
Clarence J. Hibbard,
George Leon Cooley,
Clementina Sophia Briggs, .
Carleton DeWolf Livermore,
Rupert Ranney Marsh, .
Delaney Rice Dilts,
Mary Louise Kingsley, .
William Newcomb Bucknam,

Pelham.

South Hadley.

Westhampton.

Plaintield.

Ware.

Plainfield.

Northampton.

Northampton.

Amherst.

Northampton.

Westhampton.

Northaiupton.

MIDDLESEX COUNTY.

Jan.

1

Christene M. Lord,*

Christene Lord Brown, .

Chelsea.

8

Edouard Belval,* .

Edouard Pouliotte,

Lowell.

8

Mabel Crowe,*

Delphine Theresa Salloway,

Boston.

22

Margaret Rose,*

Elsie Lambert Baxter, .

Cambridge.

Feb.

5

Frederica Modee, .

Frederica "Von Toll,

Cambridge.

5

Allan McCleery Chase,

Allan McCleery Parker Chas

e,

Cambridge.

5

Annie Whitmore,*

Annie Whitmore Maker,

Concord.

12

Howard Daniel Cha=e,*

Howard Chase Wlnslow,

Everett.

12

Annie E. Sullivan,*

Elizabeth Theresa Hughes,

Cambridge.

12

Nietta Rolfe, .

Nina Rolfe

Cambridge.

12

May Etta Smith,* .

Blanche Everett Ford, .

Lowell.

19

Elizabeth Urania Whitcomb

*

Rose Lalhrop,

Natick.

26

Raymond Howard Clapp,*

Raymond Atkins Hahn,

Boston.

26

Georgie Emma Keville,*

Margaret Gowiug, .

Boston.

March

6

Hope Leslie Severance,*

Winifred Adams, .

Leyden.

12

William Joseph Farquharso

3* '.

William Joseph Greene,

Waltham.

12

Alice Gertrude Hitch,*.

Lita Fernald, .

Boston.

19

Emma Elizabeth A. Ford,*

Frida Minnie Bock,

Boston.

19

Mary Elizabeth Ormsby,*

Mary Elizabeth Bemis, .

Maiden.

26

Catherina Scott,* .

Ruth Catherina Swau, .

Maiden.

26

John W. Parker, .

John Dalling Parker,

Cambridge.

April

2

Clayton Burtt Prescott,*

Cla> ton Ford Burtt,

Stoneham.

2

, Florence Edson,* .

Gertrude Tingley, .

Boston.

2

, Dolly Mcintosh,* .

Ethel Herrick Dunbar, .

Stoneham.

2

Arthur O. Pratt, .

Arthur Peabody Pratt, .

Medford.

2

William Faulkner,

William Broadley, .

Maynard.

16

, Beth Louise Barrett,

Elizabeth Louise" Barrett,

Concord.

16

Elsie Gleason,*

Helen Green, .

Barre.

16

Bessie Anderson,* .

Gladys Clyde Dickson, .

Cambridge.

16

Walter J Felch,* .

Walter J. Carter, .

Lowell.

23

Alice May Had ley,*

Alice May Couillard,

Boston.

23

Mary Joy,*

Myrtle Viola Fletcher, .

Boston.

May

7

Thomas Symonds,*

Alonzo Hazelton Rice, .

Lynn.

28

Mason Harris Dolbeare,

Harris Mason Dolbeare,

Wakefield.

28

Hugo Anthony Asp,* .

John Clarence Goodwin,

Worcester.

* Changed by reason of adoption.

710

Change op Xames.

MIDDLESEX COUNTY — Concluded.

Date of
Decree.

Original Name.

Name Decreed.

June

1895.

May 28

2s:

28
28
28
4
4,
4
11
11
25
25,
25
2

July

Sept.

Oct.

Nov.

Dec.

Bertha Nauman,* .
Jarae8 Worcester,*
Joseph Fulton,*
Blanche Macker,* .
Grace L. B. Mahan,*
Catherine Ellen Dooley
Daniel Leary,*
Frances Viola Lowe,*
Lillian Laurette Walker,
Arthur H. Bowen,*
Ruth Alma Bales,*
Lithie Sangalier,* .
Ariel Isabel Ross,*
Gertrude Lillian Atwood,*
Carmine Edwards Terry,*
Francis J. Johnson,*
Laura Ouimette,* .
Mabel Malinda Hartshorn,*
Kaspara Alvilde Gundersen
Ella Wyraan Hawxhurst,*
George M. Thompson,*
Angle Kennedy,* .
.Tessie Jones,*
Edmond Poirier,* .
Henri I'oirier,*
Laurent Poirier,* .
Ella M. Taylor,* .
Arthur Handy,*
Francis Pooler,*
Lillian May Elliot,*
George Henry Lafferty,
Gladys E. Mellen,*
Frederick Brown,*
Roberts. Mowry,*
Edith E. Mowry,* .
Ethel Beazley,*
Mary Ignacio,*
Theodor J.Fuchs,*
William McGrath,*
Charles Gordon Hutchins,
Hans Andreas Kjbsterud,
Louisa O'Brien,* .
Daniel Alvin Lynde,
Frances Clara Spencer,*
Matilda Boulay,
Lulu Walter,*
.Joseph Havelock Collamore
Dorothy Page,*
Chaiincy Munroe,*
Ella Kendall,*

Ida Clara Dorothea Salzmann
Frederick Philip Kirchner,
Joseph Halgren,
Blanche Fuller,
Grace Newell Emery,
Catherine Ellen Harrington,
Daniel Wise, .
Edith Frances Gilraore, .
Lillian Laurette Woodbury,
Arthur Frank Eddy,
Ruth AlmaPhaneuf,
Lena Pauline Ahern,
Ariel Isabel Jukes,.
Gertrude Lillian Palmer,
Carmine Elizabeth Harlow,
Francis James Toner,
Laura Daigneault, .
Mabel Malinda Durell,
Kaspara Gunderson Livesey
Ella Wyman Terry,
George Morris Tompson
Angle Hurtubise, .
Jessie Keene, .
Edmond Plante,
Henry Banville,
Laurent Cossette, .
Ella M. Biedman, .
William Landis,
Franklin Crosby Snow,
Lillian May Elliot Brown,
George Henry Benner,
Gladys E. Chapman,
Lawrence Cyrus May,
Robert S. Harris, .
Edith E. Harris, .
Helen Louisa Bean,
Mary Oliver, .
Theodore Jasper Wild,
William Whelan, .
Gordon Hutchins, .
Hans Andreas Chester,
Louisa Gladys Teague,
Alvin Lynde, .
Grace Josephine Home
Matilda Archambeault,
Loais" Lawrence, .
Joseph Havelock Gumb,
Dorothy Leach,
Chauncy Clinton Farrow,
Ilene Marguerite Miller,

Cambridge.

Soraerville.

Boston.

Marlborough.

Portland, Me.

Cambridge.

Brookline.

Chelsea.

Cambridge.

Maiden.

Hudson.

Boston.

Wakefield.

Stoneham.

Soinerville.

Somerville.

Lowell.

Somerville.

Cambridge.

Cambridge.

Wakefield.

Lowell.

Newton.

Lowell.

Lowell.

Lowell.

Natick.

Maiden.

Soraerville.

Medford.

Townsend.

Billerica.

Boston.

Newton.

Newton.

Boston.

Reading.

Waketield.

Natick.

Concord.

Cambridge.

Lexington.

Melrose.

Boston.

Hudson.

Medford.

Lowell.

Boston.

Chelsea.

Boston.

NANTUCKET COUNTY.

May le

Carlotta Marcellina Massardo
Caruso.

Carlotta Marcellina Massardo
Hulbert Caruso.

Rome, Italy.

NORFOLK COUNTY.

Feb. 6,

20,

March 6,

Charles Burnett De Young,*
Myrtle McMillan,*.
Enrique Gennaro,*

Charles Burnett Pitts, .
Marion Bernice Rich, .
Henry Gennaro Webster,

Braintree.

Enfield.
Braintree.

* Changed by reason of adoption.

Change of Names.

NORFOLK COUNTY — Concluded.

711

Date of
Decree.

Original Name.

Name Decreed.

Residence.

1895.

April 3,

24,
May 15,

15,
June 19,
Sept. 4,

25,

Nov. 6,

6,

2"

Dec. 18,'

Carl Otto Copenhagen, .
Evelyn Alma Rich,*
John Oscar Nyberg,* .
Percy Treen,*
George Porter,*
Charles Allen,*
Sarah Adrianna Shackley,
John Anderson,* .
Pauline May Cox,*
Jenette Grace Patterson,*
Frederick Dunham,

Charles Otto Winters, .
Evelyn Alma Lewis,
William Henry Kelley, .
Percy Leon Thayer,
Charles Parkman Crowd,
Charles Allen Crane,
Sarah Adrianna Webber,
Philip Evelyn Myers, .
Dorothy Alden Clark, .
Jenette Grace Brown, ,
Fred Walter Foster,

Braintree.

Hyde Park.

Medford.

Boston.

Milton.

Boston.

Needhara.

Boston.

Brookline.

Walpole.

Norwood.

PLYMOUTH COUNTY.

March 11,

Benjamin Elmer Afey,*

Benjamin Elmer Thomas,

Plymouth.

25,

Annabelle G. Knowles,*

Gertrude LeBaron,

West Bridgewater.

25,

Delia Higgins,*

Lillian Howes Terry,

Brockton.

April

22,

Nancy N. Allen, .

Nanette Allen,

Brockton.

22,

Michael Murphy, .

Michael Edward Murphy,

Brockton.

May

13,

Benjamin'F. Pennington, Jr

J

Frank Bruce Pennington,

Brockton.

13,

Kebrick,*

Lillian Adelia Bobbins, .

Plymouth.

13,

Warren F. Spooner,*

Warren F. Grew, .

Brockton.

July

«.

Ethel M.Sullivan,*

Mary Elizabeth Borden,

Brockton.

Sept.

9,

Addie K. Sweet,* .

Addie Ellen Briggs,

Marion.

23,

George H. Green,*

Harold Whitaker, .

Brockton.

Oct.

14,

Orraan G. Johnson,*

Orman G. Elms,

Wareham.

14,

Clifford Bulley,* .

Clifford A. Pratt, .

Middleborough.

Deo.

23,

Lucy V. Parmenter,* .

Gladys V. Goldthwait, .

Brockton.

SUFFOLK COUNTY.

Jan. 3,

Jacob Baruck Asikowitz, .

Jacob Baruck Askowith,

Boston.

3,

Samuel Asikowitz,

Samuel Askowith, . . , .

Boston.

3,

William Brooks,* ....

Winthrop Burleigh Hammond, .

Boston.

3,

Ethel Moore,* ....

Ethel E. Mitchell

Boston.

10,

Mary McNulty,* ....

Ruth Jessie Dukett,

Boston.

10,

Ellen Salmon,* ....

Ellen Gibbins

Boston.

1",

Fanny Puray,* ....

Ella Marion Fuller,

Boston.

IT,

Alfred Jordan,* ....

George Alfred Hall,

Boston.

n,

Bertrand Dalton Tukey,

Bertrand Dalton Burnham, .

Boston.

24,

Susan S. Fay, ....

Susan Fellows Thompson, .

Boston.

24,

Beatrice A. Mainwaring,* •

Florence Lillie Hodge, .

Boston.

24,

John Dexter,* ....

John W. Smith

Boston.

24,

Gertrude Freeman,*

Zylpha Odysell Johnson,

Boston.

31,

Francis Edward Hill,* .

Francis Edward Burnett,

Boston.

31,

Eliza Harding,* ....

Alice Marjorie Grant, .

Unknown.

31,

James Lewis Mills,

. James Lewis Miller,

Boston.

31,

William Levy, ....

William Leroy, . . . .

Boston.

Feb. 7,

Frederick Dwyer,*

Joseph Frederick Meharg, .

Boston.

14,

Wm. Thomas Smith,* .

George Franklin Middleton, .

Boston.

14,

Samuel Kasanowitz,

Samuel Kasanowitz Casson, .

Boston.

14,

Abraham Kasanowitz, .

Abraham Kasanowitz Casson,

Boston.

28,

John Porter Coombs, .

John Stickney Coombs,

Boston.

28,

Berthold Carl Kieckebnsch,

Berthold Carl Bush,

Boston.

28,

Ijouis Francis Sprengel,*

Louis Francis Morse,

Chelsea.

28,

Ellen Friend,* ....

Ellen Friend Balch,

Boston.

March 7,

William O'Dowd, ....

William G. Prior, ....

Boston.

7,

Helen I. Partridge,*

Helen Idella Whipple, .

Boston.

14,

Ruth Gallup.* ....

Sarah Barbara Lucas, .

Boston.

14,

Margaret Mullen,* .

Margaret McMillan,

Lynn.

21,

Catherine Fairclough,* .

Gladys Howard

Boston.

* Changed by reason of adoption.

712

Change or Names.

SUFFOLK COUNTY — Continued,

Date

of

Original Name.

Name Decreed.

Residence.

Decree.

189

5.

March 21

May Brown,*

Lulu Maud Fessenden, .

Boston.

28

Tliomas Atkins,* ....

Edward Alfred Fogg, .

Boston.

28

Margaret Mary Ryan,* .

Margaret Mary Ryan Scanlan,

Boston.

28

Emma T. Gregory,*

Effie Dyer,

Chelsea.

28

Kichard A. LeBouttillier,* .

Richard A. LeBoutillier Kelley, .

New York.

April

4

Israel Ratshesky

Israel Alfred Ratshesky,

Boston.

4

Carl Alfred Carleen,

Charles Alfred Carlsen Hansen, .

Boston.

4

Alga Johanne Carlson .

Alga Johanne Carlsen Hansen, .

Boston.

4

Ane Sophie Marie Nielsigne
Christine Carlsen.

Nielsigne Christine Carlsen Han-
sen.

Boston.

4

Henry Sachs Kaliske, .

Henry Sachs,

Boston.

4

Pansy Hains,* ....

Mary Johanu Felleter, .

Boston.

4

Gertrude Marion Pierce,*

Gertrude Marion Pierce Griffin, .

Boston.

11

Adolph Rice,* ....

William Smith

Boston.

11

Miua Aurena Clapp,* .

Janet UrquhartEwing, .

Boston.

18

Eva Flo ranee Pratt,*

Eva Florence Wyman, .

Boston.

18

Edward Brooks, ....

George Edward Sleeper,

Boston.

May

2

Hymau Rostovsky,

Herman Moses Ross,

Boston.

2

Elizabeth Deegan,*

Mary A. Marks

Chelsea.

9

Belle MaGralh,* ....

Helen Katherine Keleher,

Boston.

16

Henry Paul Grudzenskie,

Henry Paul

Boston.

16

Abraham Stern,* ....

Abraham Stairen

Boston.

16

Minnie Alice Richardson,* .

Alice Townsend Sparrow, .

Boston.

16

Gertrude Pennie,* .

Gertrude Pennie Morau,

Boston.

23

James Wright

James Dean Peabody, .

Boston.

23

Alice Briere,*

Alice Harriet Cummings,

Boston.

June

6

Mary Young,* ....

Mary Hill

Boston.

6

Fred W. Pollard,* ....

Frederick William Converse,

Boston.

6

Charles Cohen,* ....

Louis Brown,

Boston.

13

Wm. Henry Brooks,

Wm. Henry Sleeper,

Boston.

13

Edward Howard Brooks,

Edward Howard Sleeper,

Boston.

13

Kenneth Westwood Endres,

Kenneth Westwood Windram
Endres.

Boston.

13

Laura Amy Mitchell,* .

Laura Amy Bissonet, .

Boston.

20

Leon Eugene Stirckler,

Leon Eugene Morton,

Boston.

20

F'rank Georgadis,*

Edwin Nathaniel Knowlton,

Boston.

27

Ethel K. Simes

Ethel K. 8. Nowell,

Boston.

July

5

Frances Austin,* ....

Edna Elizabeth Bonta, .

Unknown.

5

Arthur Bissett, Jr.,*

Arthur Frederick, •

Boston.

5

Emma Lowell McDougal,* .

Muriel Emma Lowell, .

Boston.

11

Ruth Asenath Rudolph,

Ruth Asenath Woodman,

Boston.

11

Mabel Winship,* ....

Esther Francis Barker, .

Boston.

25

Mamie Gallagher,*

Agnes Mathilde Jacobsen,

Ilingham.

25

Alvin Trevett, alias Speck,* .

Alvin Trevett Johnson, .

Boston.

Aug.

15

Mary Clark,*

Mary Frances McKay, .

Boston.

15

Isaac Harry Pinkofski, .

Isaac Harry Plnkham, .

Chelsea.

15

Rose Alymer,* ....

Ruth BurrillStowell,

Boston.

15

Mary Agnes Davis,*

Marion Agnes Davis,

Boston.

15

Elizabeth Murray,*

Elizabeth Overton,

Boston.

Sept.

5

Frederick Charles Roberts, .

Frederick Charles Hammond

.

Boston.

12

George Whitaker,*

George Luther Holt,

Boston.

19

Frank Shea,* .....

Francis E. Fisher, .

Boston,

19

Annie Griiner,* ....

Erna Beatrice Haskell, .

Boston.

26

Mary Caro,* .....

Mary Sargent, .

Boston.

26

George Joseph Albert D' Arcy, .

George Joseph Albert Hill,

Boston.

26

Mary Ballard,* ....

Mary Enieline Gardner,

Boston.

Oct.

3

Clarence Stetson King, .

Clarence Stetson, .

Boston.

3

Mary Thompson,* .

Maud Frances Watson, .

Boston.

3

Frank Muudshenk,

Frank Miller, .

Boston.

10

Catherine Flanagan,

Catherine F. Johnson, .

Boston.

10

Katherine Amelia Malloy, .

Katherine Amelia Mallory,

Boston.

17

Frances C. Betts, ....

Frances Coster Robinson,

Boston.

17

Jessie Blanche Gibbon,

Gertrude Blanche Hersey,

Boston.

17

Abbie A. Francis, ....

Abbie A. Hatch,

Boston.

17

Altus Deroy Flower,

Richard Charles Flower,

Boston.

24

Nathan Newman Linaky,

Nathan Newman Lindsey,

Boston.

24

Herman Woodruff Bundy, .

Herman Woodruff Aborn,

Boston.

24

Stevens,*

Paul Harrington, .

Boston.

24

Franklin Alexander Granville,* .

Frederick Wm. Sheehan,

Boston.

24

Irma 8. Morrill,* ....

Irma Morrill Wadsworth,

Boston.

* Changed by reason of adoption.

Change of Names.

713

SUFFOLK COUNTY — Concluded.

Date of
Decree.

Original Name.

Name Decreed.

Residence.

1895.

Nov. 7,
7,
7,
14,
14,
21,
29,
29,
29,
29,
29,
29,
29,
29,
Dec. 5,
5.
19,
19,
' 19,
13,
26,

Alice Harding,*
John H. Hazelton,*
Burt L. Davenport,*
John Polep, .
Ateta J. Jernegan Vinct
Charles W. Williams,*
Mary Ryan,* .
Clara J. Tobin,* .
Annie Garey,*
Arthur Charles Hale,
Mary Pantaleo,* .
Margaret Sbaw,* .
Robert Wilson Kemp,*
Katharine Erskine Kem
Natalie Willard,* .
Helen Langley Malloy,
Amy Morgan,*
Edward J. O'Dowd,
Mary Williams,* .
Harry Smith,*
Bhiro Kuroda,*

jnt,*
P,*

Esther Marie Thomas, .
John Herbert Lewis,
Burt Davenport Dares, .
John Paul,
Aleta White Parker,
Charles Walter Morrell,
Mary Kelly,
Carrie J. Beach,
Annie Rowena Streeter,
Arthur Hale Crawford, .
Mary Parisi, .
Margaret Caverly, .
Henry Erskine Stillings,
Katharine Erskine Stillings,
Natalie Louise Prescott,
Helen Langley Mallory,
Amy F. Nesbitt, .
Edward J. Dowd, .
Margaret Henebury,
Harry Roscoe Hall,
Shiro Wilcox Kuroda, .

Boston.

Boston.

Boston.

Boston.

Edgartown.

Boston.

Boston.

Boston.

Boston.

Boston.

Boston.

Boston.

Boston.

Boston.

Boston.

Boston.

Boston.

Boston.

Boston.

Boston.

Kawagista, Japan.

WORCESTER COUNTY.

Jan.

4,

Elizabeth Augusta Lattime,*

Sarah Elizabeth Waite, .

Worcester.

8,

Elizabeth Fennelly,* .

Elizabeth Theodora Finn,

Worcester.

29,

Ethel Blanche Ellis,* .

Joyce Lindley Tyler,

Worcester.

29,

Emma McCarthy, ....

Emma Smith,

Sturbriclge.

29,

George Shattuck,* .

George William Read, .

Clinton.

Feb.

5.

Florence Betters,* .

Florence Lyons, ....

W^orcester.

March

5,

Mary E.Beazley,* .

Blanche Inez Parraenter,

Athol.

5,

Nellie Josephine Stimpson, .

Helen Josephine Stimpson, .

Worcester.

12,

William Murphy,*

Chester John Darling, .

Worcester.

April

2,

Francis William Taylor,*

Evan Taylor Brown,

Westborough.

2

Alberta Liota Connor,* .

Alberta Liota Balcome, .

Worcester.

5!

Milly Levi,*

Milly Rabinowich, ....

W^orcester.

12,

James Lanier,* ....

James Keenan, ....

Worcester.

12,

Freddie Lanier,* ....

Freddie Keenan, ....

Worcester.

22,

Willard Everett Flanigan, other-
wise known as Willard Everett
Martin and Willard E. Marshall.*

Willard Everett Martin,

Warren.

22,

Thomas Herbert Ferris,*

Thomas Herbert Sullivan,

Worcester.

23,

Otto Gulbrandson,

Otto Maimer

Fitchburg.

May

14,

Adeline May Paul,*

Adeline May Mirick,

Worcester.

21,

*

Helen M. La Dobauche, .

Worcester.

28,

Lula Isabel Burke,*

Lula Isabel Page, ....

Fitchburg.

28,

Lizzie Churchill Hayward, .

Elizabeth Churchill Hayward,

Usbridge.

June

14,

Gertrude Irene Ammond,* „

Gertrude Irene Saunders,

Westerly, R.I.

18,

Emery Sawyer Todd,* .

William Emery Rogers,

Worcester.

July

2,

Lena Elizabeth Green,*

Lina Elizabeth Soucy, .

Worcester.

9,

Caroline Lena Carruth,*

Caroline Lena Patterson,

Clinton.

9.

Ralph Myron Hartwell,*

Everett Andrew Ayer, .

Fitchburg.

12,

Mary W. Bigelow,*

Mary Witter Flint,

Worcester.

12,

Philip H. Bigelow,*

Philip Witter Flint,

W^orcester.

16,

Jennie Etta Towsley,* .

Jennie Etta Hale

Roy^lston.

30,

W^inuie Sawyer Stowe,*

Winnie May Millens,

Northbrid^e.

30,

Mary Dunn,*

Hazel A rdena Davis,

Milton, N.^H.

30,

Bessie Theresa Niras, .

Elizabeth Theresa Nims,

Leominster.

Sept.

17,

Harry L. Houghton,

Henry L. Houghton,

Worcester.

27,

Delia May Cameron,* .

Ella May Congdon,

North Brookfleld.

Oct.

1,

Fred Warren White, .

Frederick W^arren White,

Worcester.

18,

Hilda Flink,*

Beulah C. Kemp

Worcester.

25,

Martha Margaret Howe,*

Martha Margaret Moore,

l^olton.

29,

Minnie Alice McLean,* .

Winnie Alice Robertson,

NV'orcester.

Nov.

12,

Mabel M. Nickerson, .

Mabel M. Sheldon

Worcester.

12,

Hedley V.Nickerson, .

Hedley V. Sheldon,

Worcester.

12,

Addie Nickerson

Addie Sheldon

Worcester.

26,

Gertrude Power,* ....

Gertrude Harney, ....

Worcester.

* Changed by reason of adoption.

THE

CIVIL GOVERNMENT

AND OFFICERS IMMEDIATELY CONNECTED THEREWITH FOR
THE POLITICAL YEAR

1896.

EXECUTIVE DEPARTMENT.

HIS EXCELLENCY

FREDERIC T. GREENHALGE,*

Governor.

Henry A. Thomas «
Edward F. Hamlin

Private Secretary
Executive Clerk.

HIS HONOR

ROGER WOLCOTT

Lieutenant Governor.

COUNCIL
L — NATHANIEL F RYDER
IL — BENJAMIN S. LOVELL
in —FRANCIS H. RAYMOND
IV. — JOHN H. SULLIVAN .
v. — B. FRANK SOUTHWICK
VL — JOHN M. HARLOW .
VII. — CHARLES E. STEVENS
VIIL — CHARLES A. TOWNE .

(By Districts).

Middleborough,

Weymouth.

Somerville.

Boston.

Peabody.

Woburn.

Ware.

Orano:e,

WILLIAM M. OLIN,

Secretary of the Commonwealth.
Isaac H. Edgett, 1st Deinity. Herbert H. Boynton, 2d Deputy.

EDWARD P. SHAW,

Treasurer and Receiver General.

John Q. Adams, 1st Clerk. George S. PIall, 2d Clerk.

Wendell P. Marden, Cashier.

JOHN W. KIMBALL, •

Auditor of Accounts.
William D. Hawley, 1st Clerk. James Pope, 2d Clerh

HOSEA M. KNOWLTON,

Attorney-General.

George C. Travis

James Mott Hallowell .

. First Assistant Attorney- Oetieral.
. Second Assistant Attorney- General

* His Excellency Frederic T. Greenhalge deceased March 5.

LEGISLATIVE DEPARTMENT.

GENERAL COURT.

Arranged in Accordance with the District Revision of 1886.

SE]^ATE.

Preside7it — GEORGE P. LAWRENCE.

Name of Senator.

First Suffolk, .

Joseph B. Maccabe,

Boston.

Second "

Joseph J. Corbett,

Boston.

Third "

ISlartin M. Lomasney, .

Boston.

Fourth "

John Quinn, Jr , .

Boston.

Fifth

George P. Sanger,

Boston.

Sixth

William H. McMorrow.

Boston.

Seventh "

Isaac P. Hutchinson,

Boston.

Eighth "

Richard Sullivan, .

Boston.

Ninth "

Charles F. Sprague,

Boston.

First Essex,

Lewis H. Bartlett,

Lynn.

Second "

George A. Galloupe,

Beverly.

Third "

J. Loring Woodfall,

Rockport.

Fourth "

John J. Prevaux, .

Amesbury.

Fifth

Horace H. Atherton,

Saugus.

Sixth

James H. Derbyshire, .

Lawrence.

First Middlesex,

George W. Perkins,

Somerville.

Second "

James P. Niles, .

Watertown.

Third

Fredei'ick W. Dallinger,

Cambridge.

Senate.

719

Fourth ^Middlesex, .

Fifth

Sixth

SeA'enth "

Fii'St Worcester,

Second "

Third

Fourth

AVorcester and Hampshire,

First Hampden,

Secontl "

Franlvlin,

Berkshire,

Berkshire and Hampshire,

First Norfolk,

Second "

First Plymouth,

Second "

First Bristol, .

Second " . . .

Third "...

Cape, ....

Name of Senator.

George A. Reed, .
George J. Burns, .
Arthur H. Well man,
Fisher H. Pearson,
Alfred S. Roe,
William H.Cook, .
Erastus Jones,
Joel D. Miller, .
Percival Blodgett,
Edward S. Bradford,
William A. Chase,
Dana Malone,
George P. Lawrence,
Richard W. Irwin,
Francis W. Darling,
Clarke P. Harding,
Albert F, Barker, .
Noble W. Everett,
Louis C. Southard,
Joseph O. Neill, .
Rufus A. Soule,
William A. Morse,

Framingham.

Ayer.

Maiden.

Lowell.

Worcester.

Milford.

Spencer.

Leominster.

Tempi eton.

Springfield.

Holyoke.

Greenfield.

North Adams.

Northampton.

Hyde Park.

Medway

Hanson.

AVareham.

Easton.

Fall River

New Bedford.

Tisbury.

HENRY D. COOLIDGE,
EDMUND DOWSE,
JOHN G. B. ADAMS, .

Clerk.

Chaplaiyi.

Sergeanl-at-Arms.

720

House of Representatives.

HOUSE OF EEPRESENTATIYES.

Speaker— GEORGE v. L. MEYER.

COUNTY

OF SUFFOLK.

District.

Town or Ward.

Name of Representative.

Residence.

1st,

Boston, Ward 1,

■ \

John L. Bates,
James A. Cochran,

Boston.
Boston.

2d,

Boston, Ward 2,

■ \

Manassah E Bradlej-, .
Michael J. Leary, .

Boston.
Boston.

3d,

Boston, Ward 3,

■ \

John M. O'Hara, .
David B. Shaw,

Boston.
Boston.

4th,

Boston, Ward 4,

■ \

Timothy J. Donovan, .
Jeremiah J. McCarthy, .

Boston.
Boston.

.5th,

Boston, Ward 5,

■ \

Robert F. Denvir, .
James H. Leary, .

Boston.
Boston.

6th,

Boston, Ward 6,

■ \

Jeremiah E. Mahoney, .
Daniel D. Rourke, .

Boston.
Boston.

7th,

Boston, Ward 7,

■ \

Patrick J. Carroll, .
George F, Coleman,

Boston.
Boston.

8th,

Boston, Ward 8,

■ \

Thomas F. Keenan,
David T. King,

Boston.
Boston.

9th,

Boston, Ward 9,

• \

George v L Meyer,
William L. Reed, .

Boston.
Boston.

10th,

Boston, Ward 10,

■ \

Edward S. Crockett,
Clarence P. Weston,

Boston.
Boston.

11th,

Boston, Ward 11,

■ \

Joshua B. Hold en,
Francis C. Lowell,

Boston.
Boston.

12th,

Boston, Ward 12,

■ \

Daniel M. Driscoll,
William. P. Driscoll, .

Boston.
Boston.

13th,

Boston, Ward 13,

■ \

James A. Gallivan,
James S. McKenna,

Boston.
Boston.

14th,

Boston, Ward 14,

■ \

Daniel J. Barry, ,
Joseph J. Norton, .

Boston.
Boston,

House of Representatives.

COUNTY OF SUFFOLK — Concluded.

721

Town or Ward.

Name of Representative.

15th,

16th,

17th,

Boston, Ward 15,

Boston, Ward 16,

Boston, Ward 17,

18th,

Boston, Ward 18,

19th,

Boston, Ward 19,

20th,

Boston, Ward 20,

21st,

Boston, Ward 21,

22d,

Boston, Ward 22,

23d,

Boston, Ward 23,

24th,

Boston, Ward 24,

25th,

Boston Ward 25,

26th,

Chelsea, Wards 1, 2, 3

^Chelsea, Wards 4, 5,
27th, ^ Revere,

(^Winthrop,

James F. Creed, .
Michael J. Reidy, .

James Keen an,
John A. Keliher, .

James M. Douglass,
Franz H. Krebs, Jr.,

John W. Johnson,
Albert C. Smith,

Daniel J. Curley,
Frank J. O'Toole,

Daniel C Casey,
Charles I. Quirk,

Fi'ederick Atherton,
William W. Davis,

William H. Morgan,*

William E. Ford, .
Arthur A. Maxwell,

George B Bird,
John E. Tuttle,

Samuel Ho Mitchell,

5 Franklin O. Barnes,
} Edward E. Willard,

Ernest W. Roberts,
Charles A. Grant,t

Boston.
Boston.

Boston.
Boston.

Boston.
Boston.

Boston.
Boston.

Boston.
Boston.

Boston.
Boston.

Boston.
Boston.

Boston.

Boston.
Boston.

Boston.
Boston.

Boston.

Chelsea,
Chelsea.

Chelsea.
Winthrop.

COUNTY OF ESSEX.

1st,

f Salisbury, .
j Amesbury,
', Merrimac,
(_ West Newbury,

J

Horace S. Bean.
Nelson P. Cummings,

Amesbury.
Meri'imac.

* Declared elected by acceptance of report of committee on elections February 25 ; qualified
February 28.

t Elected February 11; qualified February 17; in place of George T. Sleeper, elected clerk
of the house of representatives.

722

House of Representatives.

COUNTY OF ESSEX — Continued.

Town or Ward.

Name of Representative.

2d,

3d,

4th,
5th,
6th,

7th,

8th,

9th,

10th,

11th,

12th,
13th,
14th,
15th,
16th,

17th,

Haverhill, Wards 1,2, 4, 6,

^ Haverhill,Wards 3, 5.
) Methuen, .
(^Bradford, .

Lawrence, Wards 1, 2, 3,

Lawrence, Wards 4, 5, 6,

J Andover. .

\ North Andover,

( Groveland,
! Georgetown,
j Boxford, .
l^ Topsfield, .

^ Newburyport, Wards 1-6,
( Newbury, .

fRowlej', .

j Ipswich, . . .

] Hamilton,.

l^ Wen ham, .

f Gloucester, Wards 1, 3, 4,

I 5,6,7,8,

j Essex,

\^ Manchester,

^ Gloucester, Ward 2, .
I Rockport, .

Beverly,

Salem, Wards 1,2, .

Salem, Wards 3, 5,

Salem, Wards 4, 6,

Marblehead,

^ Swampscott,

( Lynn, Wards 2, 3, .

Samuel W. George,
Thomas E. St. John,

Levi A. Drurj%
Jackson Webster, .

Joseph J. Flynn, .
Cornelius F. Sullivan,

Harry R. Dow,
Charles F Sargent,

William Halliday, Jr.,

Roger S. Howe,

Charles O. Bailey, ,
Caleb B. Huse,

Walter E. Lord, .

Charles D. Brown,
Arthur I). Story, .
George J. Tarr,

George M. McClain,

Joseph W. Stocker,

John D. H. Gauss, .

Tristram T. Savory,

George G. Russell,

P. Howard Shirley,

Aaron R. Bunting,
E. Knowlton Fogg,

Haverhill.
Haverhill.

Bradford.
Havei'hill.

Lawrence.
Lawrence.

Lawrence.
Lawrence.

North Andover.

Georjretown.

Newbury.
Newburyport.

Ipswich.

Gloucester.

Essex.

Gloucester.

Rockport.

Beverly.

Salem.

Salem.

Salem.

Marblehead.

Swampscott,
Lynn.

House of Representatives.

COUNTY OF ESSEX — Concluded.

723

Town or Ward.

Name of Representative.

^ Lynn, Ward 4, .
I Nahant,

^ Lynn, Wards 1, 5,
\ Lynnfield,

^ Lynn, Wards 6, 7,
( Saugus,

Peabody, ,

Danvers, .
Middleton,

Henry C. Attwill, .
Joseph G. Brown, .

Daniel W. Allen, .
Benjamin F. Estes,

Howard K. Sanderson,
AVilliam Shepherd,

Nicolas M. Quint, .
Joseph W. Woodman,

Lynn,
Lynn.

Lynn.
Lynn.

Lynn.
Lynn.

Peabody.
Danvers.

COUNTY OF MIDDLESEX.

Cambridge, Wards 1, 5,

Cambridge, Ward 2,

Cambridge, Ward 3,

Cambridge, Ward 4,

Somerville, Ward 1,
Somerville, Ward 2,
Somerville, Wards 3, 4,
Medford, Wards 1-6,

Maiden, Wards 1-7,

Everett, Wards 1-6,
Melrose, .
Stoneham,
Wakefield,

David T. Dickinson,
James J. Myers, .

Jeremiah F. Donovan,
Wellington Fillmore,

John H. Ponce,

James W. Coleman,
George S. Evans, .

Amasa E. Southworth,

Frank W. Kaan,

Elmer A. Stevens, .

Samuel N. Mayo, .

Harvey L. Boutwell,
Ezra A. Stevens, .

George A. Brown, .

George R Jones, .

William H. Marden,

Silas W. Flint,

Cambridge.
Cambridge.

Cambridge.
Cambridge.

Cambridge.

Cambridge.
Cambridge.

Somerville.

Somerville.

Somerville.

Medford.

Maiden.
Maiden.

Everett.

Melrose.

Stoneham.

Wakefield.

724

House or Representatives.

COUNTY OF MIDDLESEX — Continued.

14th,
15th,
16th,
17th,
18th,

19th,

20th,

21st,
22d,
23cl,

24th,

25th,
26th,

27th,
28th,

Town or Ward.

Name of Representative.

<\ Woburn, Wards 1-7,
I Reading, .

^ Arlington,
I Winchester,

^ Watertown,
( Belmont, .

Newton, Wards 1-7,

<s Waltham, Wards 1-7,
I Weston, .

f Lexington,
I Lincoln, .
•{ Concord, .
I Bedford, .
1^ Burlington,

f Chelmsford,
I Billerica, .
^ Tewksbury,
I Wilmington,
l^ North Reading,

Lowell, Ward 1,

Lowell, Ward 2,

Lowell, Ward 3,

^ Lowell, Wards 4, 5,

) Dracut,

(^ Tyngsborough ,

Lowell, Ward 6,

Natick,

^ Hopkinton,
I Ashland, .

fHolliston,.
J Sherborn, .
j Framingham, .
(^ Wayland, .

Solon Bancroft,
William Beggs,

Forrest C. Manchester,

Frank Chandler, .

Albert L. Harwood,
J. Edward Mollis, .

Charles P. Bond, .
Arthur L. Coburn, .

William R. Hayden,

Charles E. Hosmer,

Fred H. Rourke, .

George E. Putnam,

John J, O'Connor,.

William H. I, Hayes,
George A. Roper, .
E. A. Stevens,

Thomas F. Hoban,

Edward H. Wilson,

John A. Woodbury,

Walter Adams,
Charles H. Dowse,

Reading.
Woburn.

Winchester.

Belmont.

Newton.
Newton.

Waltham.
Weston.

Bedford.

Billerica.

Lowell.

Lowell.

Lowell.

Lowell.
Lowell.
Dracut.

Lowell.

Natick.

Hopkinton.

Framingham.

Sherborn .

House of Representatives.

COUNTY OF MIDDLESEX — Concluded.

725

District.

Town or Ward.

Name of Representative.

Residence.

29th,

^Marlborough, Wards
} Hudson, .
Q Sudbury, .

'1

Charles E. Bennett,
Atherton W. Rogers,

Hudson.
Sudbury.

30th,

CMaynard, .

Stow
, Boxborough,
1 Littleton, .

Acton,
.Carlisle, .

■ 1

1

1

>

Frank A. Patch. .

Boxborough.

31st,

f Westford, .
i Groton,
I Pei^perell,
1^ Dunstable,

• 1
>
J

Avander N. Blood,

Pepi^erell.

32d,

' Ayer,

J Shirley, .
] Townsend,
(^ Ashby,

1
1

>
1

J

George L. Whitcomb, .

Townsend.

COUNTY OF WORCESTER.

1st,

r .4thol,

< Royalston,

(Phillipston,

}

Harding R, Barber,

Athol.

2(1,

("Gardner, .

! Winchendon, .

j Templeton,

1^ Ashburnham, .

( Barre,

George N. Dyer, .
Henry C. Newell, .

Gardner.
Ashburnham.

3d,

1 Dana,
^ Petersham,
1 Hardwiek,
(.Rutland, .

George H. Kelton,.

Petersham.

4th,

f Westminster, .
1 Hubbardston, .
■{ Princeton,
1 Holden, .
[ Paxton,

Waldo E. Austin, .

Holden.

5th,

( Brookfield,

North Brookfield,

West Brookfield,
^ New Braintree,

Oakham, .

Sturbridge,
(.Warren, .

Wilson H. Fairbank,
Clarence H. Parker,

Warren.
Oakham.

726

House or "Representatives.

COUNTY OF WORCESTER — Continued.

6th,

7th,

8th,

9th,

10th,

11th,

12th,

Town or Ward.

13th,

14th,

^ Spencer, .
) Leicester, .

("Charlton, .
) Dudley, .
( South bridge,

("Webster, .
) Oxford, .
(_ Auburn, .

("Douglas, .
) Millbury, .
(_ Sutton,

(" Uxbridge,
) Northbridge,
(^ Upton,

f Blackstone,
J Mendon, .
i Milford, .
( Hopedale,

C Westborough,
Noi'th borough, ,
Southborough,
Berlin,
Shrewsbui-y,

(^Grafton, .

'Boylston, .

Bolton,

West Boylston,
<{ Clinton, .

Harvai'd, .

Lancaster,
\^ Sterling, .

^ Leominster,
) Lunenburg,

16th, I Fitchburg, Wards 1-6,

16th,
17th,

Worcester, Ward 1,
Worcester, Ward 2,

Name of Representative.

Warren J. Livermore, . Spencer

Charles D. Monroe,

Cyrus Spauldiug,

George F. Chase, .

Southbridge.

Webster.

Millbury.

John Rogers Thurston, . Northbridge.

Walter S. V. Cooke, . Milford.
Cornelius R. Day, . . Blackstone.

John E. McClellan,
J. Henry Robinson,

Walter F. Howard,
Edward A. Co wee.

Henry R Smith, .

Grafton.
. ; SouthboT'OUgh.

Clinton.

West Boylston.

Leominster.

Henry Thrasher, . . ' Fitchburg.

George W. Weymouth, . | Fitchburg.

George INI. Rice, . . Worcester.

William P. Searls, . Woi'cester.

House of Representatives.

COUNTY OF AVORCESTER— Concluded.

727

District.

Town or Ward.

Name of Representative.

Residence.

18th,

Woi'cester, Ward 3, .

Eugene M. Moriarty, .

Worcester.

19th,

Worcester, Ward 4, .

James H. Mellen, .

Worcester.

20th,

Worcester, Ward 5, .

James F. Melaven,

Worcester.

21st,

Worcester, Ward 6, .

Ellery B. Crane, .

Worcester,

22d,

Worcester, Ward 7, .

Willie C. Young, ,

Worcester.

23d,

Worcester, Ward 8, .

George H. Mellen,

Worcester.

COUNTY OF HAMPSHIRE.

1st,

^ Northampton, Wards 1-7, "^
} Easthampton, . . >
(^Southampton, . . )

Albert E. Addis, .
Charles W. Smith,

Northampton,
Easthampton.

2d,

f Chesterfield, . . ^

Cummington, .

Goshen, .
J Huntington, . . !
] Middlefield, . . \

Plainfield,

Westhampton, .
^^Worthington, . . J

f Hatfield, . . . ]

Arlin V. Stevens, .

Cummington.

3d,

J Hadley, . . . '
^1 South Hadley, . . |
l^ Williamsburg, . . J

Charles S. Shattuck,

Hatfield.

4th,

^Amherst, . . . ")
) Belchertown, . . >
(.Granby, . . . )

Myron S. Barton, .

Belchertown.

6th,

f Enfield, . . . ^

Greenwich,
<; Pelham, . . . )■
1 Prescott, ... 1
tWare, . . . j

George D. Storrs, .

Ware.

728

House of Kepresentatives.
county of hampden.

Town or Ward.

Xame of Representative.

1st,

2d,

3d,
4th,
5th,

6th,

7th,
8th,

9th,

10th,

( Chester, .
I Blandford,
' Tolland, .
j Granville, .
I Southwick,
l^Agawam, . . . j

f Montgomery, . . 'I

! Russell, ... !

] Westfiekl, . . f

(^ West Springfield, . j

Holyoke, Wards 5, 6, 7, .

Holyoke,Wards 1, 2, 3, 4, .

Chicopee, Wards 1-7,

Springfield, Wards 1, 4, 8, j

Springfield, Ward 5,

Springfield, Wards 2, 3,

6,7, .

' East Longmeadow,

Longmeadow,
, Hampden,
; Wilbraham,

Monson, .
t Wales, ... J

f Ludlow, . . . ']
\ Palmer, . '

j Brimfield,
1^ Holland, .

Calvin S. Miller,

S. Augustus Allen,
Henry M. Van Deusen,

Patrick J. Kennedy,

John F. Sheehan, ,

Henry J. Boyd,

George F. Fuller, .
Willmore B. Stone,

Charles L. Young,

Benjamin C. Harvey,
Francis R. Richmond,

Charles W. King, .

Thomas W. Kenefick,

Southwick.

Westfield.
Westfiekl.

Holyoke.

Holyoke.

Chicopee.

Springfield.
Springfield.

Springfield.

Springfield.
Springfield.

Monson.

Palmer.

COUNTY OF FRANKLIN.

1st,

^Greenfield,
< Shelburne,
(_Bernardston,

' Herbert C. Parsons,

Greenfield.

House of Representatives.

COUNTY OF FRANKLIN — Concluded.

729

Town or Ward.

Name of Representative.

2d,

od,

4th,

6th,

f Warwick, ,
I Orange,
•{ New Salem,
I Erving,
[^ Shutesbury,

fNorthfield,
' Gill, .
I Montague,
l^ Wendell, .

( Leverett, .

Sunderland,
<( Whately, .
I Deerfield, .
l^ Conway, .

fAshfield, .

Buckland,

Chai'lemont,

Colrain,
^ Hawley,

Heath,

Leyden,

Rowe,
^^ Monroe,

Edward H. Hardins:,

Benjamin W. Mayo,

John B. Packard, .

C. Wells Severence,

Orange.

Montague.

Conway.

Leyden.

COUNTY OF BERKSHIRE.

1st,

2d,

3d,

New Ashford,
Williamstown,
North Adams,
Florida,
Clarksburg,

Adams,
Cheshire, .
Savoy,

Hancock, .
Lanesborough,
Lenox,
Windsor, .
Peru,

Hinsdale, .
Washington,
Richmond,

George H. Kearn, .
Clinton Q. Richmond,

Thomas Riley,

Henry R. Van Rensselaer,

North Adams.
North Adams.

Adams.

Lanesborouffh,

730 House of Representatives.

COUNTY OF BERKSHIRE — Concluded.

Town 01" Ward.

Name of Representative.

4th,
5th,

6th,
7th,

^ Pittsfield, Wards l-^
} Dalton,

^ Stockbridge,
< Lee, .
(^Becket,

( West Stockbridge,
Alford, .
Egremont,
Great Bavrington,

( Monterey,

Otis, .
I Sandisfield,
•{ New Marlborough,

Sheffield, .
I Mt. AYashington,
(^Tyringham,

George W. Bailey,
William Tolman, .

Daniel B. Fenn,

Charles W. Ray,

Edward O. North way.

Pittsfield.
Pittsfield,

Stockbridsre.

Gt. Barrino'ton.

Sandisfield.

COUNTY OF NORFOLK.

1st,

2d,
3d,

4th,
5th,
6th,

7th,

8th,

Dedham, .
Norwood, .

Brookline,

Hyde Park,

Milton,
Canton,

Quincy, Wards 1-6,
Weymouth,

^ Braintree, .
f Holbrook,

f Randolph,
I Stoughton,
■{ Avon,
I Sharon,
l^Walpole, .

f Franklin, .
I Foxborough,
J Wrentham,
I Bellingham,
I Medway, .
1^ Norfolk, .

Henry D. Humphrey,

Charles H. Utley, .
Charles F. Light, .

John Malcolm Forbes,

James H. Flint,
Thaddeus H. Newcomb
James Thompson, .

Will W. ISIavhew, .

George W. Porter,
George Albert Wales,

Daniel Brown,
Jefferson C. Gallison,

Dedham.

Brookline.
Hyde Park.

Milton.

Weymouth.

Quincy.

Quincy.

Braintree.

Avon.
Stoughton.

Wrentham.
Franklin.

House of Representatives.

COUNTY OF NORFOLK — Concluded.

731

District. Town or Ward.

Name of Representative.

Residence.

9th,

f Needham, . . . "
1 Dover,
<i Medfield, .
Wellesley,
iMillis, . . . ;

'

Albert Clarke,

Wellesley.

COUNTY OF PLYMOUTH.

1st,

riyiuouth,

Horace P. Bailey, ,

Plymouth.

f Marshfield,

^

>

2d,

J Plympton, .
; Kingston, .
l^ Duxbury, .

( Scituate, .

J

Albert T. Sprague,

Marshfield.

3d,

! Norwell, .
j Hanson,
1^ Pembroke,

1
J

Lloyd F. Hammond,

Norwell.

4th,

("Cohasset, .
) Hingham, .
(Hull, .

}

Walter L. Bouve, .

Hingham.

6th,

< Rockland, .
} Hanover, .

\

Joshua S. Gray,

Rockland.

6th,

K Whitman, .
) Abington, .

\

Ernest W. Calkins,

Abington.

7th,

( Mattapoisett,
1 Marion,
■{ Wareham, .
Rochester, .
[ Carver,

>
1
J

Harvey Crocker, .

Wareham.

8th,

^ Middleborough,
) Lakeville, .
(Halifax, .

s

Samuel S. Bourne,

Middleboro'.

9th,

C Bridgewater,
) East Bridgewat(
(West Bridgewat

er.

}

Francis M. Kingman, .

E. Bridgewater.

10th,

Brockton, Wards 4, 5

,6,

A. Webster Butler,

Brockton.

11th,

Brockton, Wards 2, 3

Frederic Hanson, .

Brockton.

12th,

Brockton, Wards 1, 7

Charles W. Tilton,

Brockton.

732

House of Representatives.

COUNTY OF BRISTOL.

Town or Ward.

Name of Representative.

1st,

2d,

3d,

4th,

5th,
6th,
7th,
8th,
9th,

10th,'

f Attleborough, .
J North Attleborough,.
j Norton,
[ Seekonk, .

^Mansfield,
) Easton,
(^Raynham, .

5 Taunton, Wards 1-8,
I Berkley, .

^Fairhaven,
} Acushnet, .
Q Freetown,.

5 New Bedford, Wards
^ 1,2, 3, .

5 New Bedford, Wards
I 4, 5, 6, .

^ Westport, .
I Dartmouth,

5 Fall River, Wards 1,
} 2,3,4,6, . .

S Fall River, Wards 5,

^ 7, 8, 9, .

fDighton, .
J Somerset, .
j Swanzey, .
(^ Rehoboth, .

Burrill Porter, Jr.,
Mark O. Wheaton,

George G. Withington, .

T. Preston Burt, .
E. Clarence Holt, .
William W. Waterman,

Nathan R. Davis, .

Thomas M, Denham,
Samuel Ross, .

Frank W. Francis, .
Fred D. Stanley, .

John O. Slocum, .

J. Dwight Brady, .
Thomas Donahue, .
James Driscoll,

Charles E. Mills, .
David F. Slade, .

Frank M. Trafton, .

N. Attleboro'.
Attleborough.

Easton.

Taunton.
Taunton.
Taunton.

Freetown.

New Bedford,
New Bedford.

New Bedford,
New Bedford.

Dartmouth.

Fall River.
Fall River.
Fall River.

Fall River.
Fall River.

Somerset.

COUNTY OF BARNSTABLE.

1st,

f Falmouth, .

Bourne,
I Sandwich,.
■{ Mashpee, .

Barnstable,
I Yarmouth,
1^ Dennis,

Charles C. Crocker,
Seba A. Holton,

Barnstable.
Falmouth.

House of Representatives. 733

COUNTY OF BARNSTABLE — Concluded.

District.

Town or Ward.

Name of Representative.

Kesideiice.

f Harwich, .

1

11

2d,

' Chatham, .
1 Brewster, .
(^Orleans, .

Theophilns B. Baker, .

Harwich.

fEastham, .

1

3d,

J Wellfleet, .

1 Truro,

[ Provincetown, .

J j

Luther Nickerson, .

Provincetown.

COUNTY OF DUKES COUNTY.

1st,

fChilmark,
I Cottage City,
I Edgartown,
<{ Gay Head,
Gosnold, .
I Tisbury, ,
(^ West Tisbury,

Otis Foss,

Cottage City,

COUNTY OF NANTUCKET.

1st,

Nantucket,

Jolm J. Gardner,

Nantucket.

GEORGE T. SLEEPER,
DANIEL W. WALDRON,
JOHN G. B. ADAMS,

Clerk.
Chaplain.
Sergeant-al-A nns.

734

Judicial Department.

JUDICIAL DEPAETMENT.

SUPREME JUDICIAL COURT.
CHIEF JUSTICE.

WALBRIDGE A. FIELD,

of Boston.

ASSOCIATE JUSTICES.

CHARLES ALLEN, .

OLIVER WENDELL HOLMES,

MARCUS P. KNOWLTON, .

JAMES M. MORTON, .

JOHN LATHROP, .

JAMES MADISON BARKER,

of Boston,
of Boston,
of Springfield,
of Fall River.,
of Boston,
of Pittsfield.

SUPERIOR COURT.
CHIEF JUSTICE.

ALBERT MASON,

ASSOCIATE JUSTICES,

CALEB BLODGETT,
JOHN W. HAMMOND,
JUSTIN DEWEY, .
EDGAR J. SHERMAN,
JAMES R. DUNBAR,
ROBERT R. BISHOP,
DANIEL W. BOND,
HENRY K. BRALEY,
JOHN HOPKINS, .
ELISHA BURR MAYNARD,
FRANKLIN G. FESSENDEN,
JAMES B. RICHARDSON, .
CHARLES S. LILLEY, .
HENRY N. SHELDON, .
FRANCIS A. GASKILL,

of Brookline.

of Boston,
of Cambridge,
of Springfield,
of Lawrence,
of Brookline.
of Newton,
of Northamj^ton,
of Fall River,
of Millbury.
of Sjyringficld.
of Greenfield,
of Boston,
of Lowell,
of Boston,
of Worcester.

Judicial Department.

735

JUDGES OF PROBATE AND
JOHN W. McKIM, Boston,
ROBERT GRANT, Boston,
ROLLIN E. HARMON, Lynn, .
CHARLES J. McINTlRE, Cambridge, .
GEORGE FIELD LAWTON, Lowell,
WILLIAM T. FORBES, Westborough, .
WILLIAM G. BASSETT, Northampton, .
CHARLES L. LONG, Springfield, .
CHESTER C. CONANT, Greenfield, .
EDWARD T. SLOCUM, Pittsfield, .
GEORGE WHITE, Newton,
BENJAMIN W. HARRIS, East Bridge water,
WILLIAM E. FULLER, Taunton, .
HIRAM P. HARRIMAN, Wellfleet, .
JOSEPH T. PEASE, Edgartown, .
THADDEUS C. DEFRIEZ, Nantucket, .

INSOLVENCY.

. Suffolk.

. Suffolk.

. Essex.

. Middlesex.

. Middlesex.

. Worcester.

. Hampshire.

. Hampden.

. Franklin.

. Beuksiiire.

. Norfolk.

. Plymouth.

. Bristol.

. Barnstable.

. Dukes.

. Nantucket.

REGISTERS OF PROBATE AND

ELIJAH GEORGE, Boston,
JEREMIAH T. MAHONEY, Salem, .
SAIMUEL H. FOLSOM, Winchester, .
GEORGE H. HARLOW, Worcester, .
HUBBARD M. ABBOTT, Northampton,
SAMUEL B. SPOONER, Springfield,
FRANCIS M. THOMPSON, Greenfield,
FRED. R. SHAW, Adams, .
JONATHAN COBB, Dedham, .
JOHN C. SULLFV^AN, Middleborough,
ARTHUR M. ALGER, Taunton,
FREEMAN H. LOTHROP, Barnstable,
BERIAH T. HILLMAN, Edgartown,
HENRY RIDDELL, Nantucket,

INSOLVENCY.

. Suffolk.

. Essex.

. Middlesex.

. avorcester.

. Hampshire.

, Hampden.

. Franklin.

. Berkshire.

. Norfolk.

. Plymouth.

. Bristol.

. Barnstable.

. Dukes.

. Nantucket.

DISTRICT ATTORNEYS,
OLIVER STEVENS, Boston, .
FRED N. WIER, Lowell, ....
ALDEN p. WHITE, Danvers, .
ROBERT O. HARRIS, East Bridgewater,
ANDREW J. JENNINGS, Fall River, .
HERBERT PARKER, Lancaster,
CHARLES L. GARDNER, Palmer, .
JOHN C. HAMMOND, Northampton,

Suffolk.

Northern.

Eastern.

Southeastern.

Southern.

Middle.

Western.

Northwestern.

736

Judicial Department.

SHERIFFS
JOHN B. O'BRIEN, Boston, .
SAMUEL A. JOHNSON, Salem,
HENRY G. GUSHING, Lowell,
ROBERT H. CHAMBERLAIN, Worcester
JARIUS E. CLARK, Northampton, .
EMBURY P. CLARK, Springfield, .
ISAAC CHENERY, Montague, .
CHARLES W. FULLER, North Adams,
AUGUSTUS B. ENDICOTT, Dedham,
ALPHEUS K. HARMON, Plymouth,
EDWIN H. EVANS, Taunton, .
JOSEPH WHITCOMB, Provincetown, '
JASON L. DEXTER, Edgartown, .
JOSIAH F. BARRETT, Nantucket, .

Suffolk.

Essex.

Middlesex.

Worcester.

Hampshire.

HAMPDE>r.

Franklin.

Berkshire.

Norfolk.

Plymouth.

Bristol.

Barnstable.

Dukes.

Nantucket.

CLERKS OF COURTS.
HENRY A. CLAPP, Boston, Clerk of the Supreme Judicial

monwealth.
JOHN NOBLE, Boston, Supreme Judicial Court,
JOSEPH A. WILLARD, Boston, Sup. Ct., Civil Bus,
JOHN P. MANNING, Boston, Sup. Ct,, Crim. Bus
DEAN PEABODY, Lynn, .
THEODORE C. HURD, Winchester,
THEODORE S. JOHNSON, Worcester,
WILLIAM H. CLAPP, Northampton,
ROBERT O. MORRIS, Springfield, .
EDWARD E. LYMAN, Greenfield, .
HENRY W. TAFT, Pittsfield, .
ERASTUS WORTHINGTON, Dedham,
EDWARD E. HOB ART, Bridge water,
SIMEON BORDEN, Fall River,
SMITH K. HOPKINS, Barnstable, .
SAMUEL KENISTON, Edgartown, .
JOSIAH F. MURPHEY, Nantucket, .

Court for the Com-

. Suffolk.

■ Suffolk.

. Essex.

. Middlesex.

. Worcester.

. Hampshire.

. Hampden.

. Franklin.

. Berkshire.

. Norfolk.

Plymouth.

. Bristol.

. Barnstable.

. Dukes.

. Nantucket.

Membeks of Congress.

737

MEMBERS OF THE FIFTY-FOURTH CONGRESS.

[Congressional Districts established by Chap. 396, Acts of 1891.]

GEORGE F. HOAR,
HENRY CABOT LODGE,

Senators.

of Worcestei'.
of Nahant.

Representatives.
District I. — ASHLEY B. WRIGHT, .

n. — FREDERICK H. GILLETT,

III. — JOSEPH H. WALKER, .

IV. — LEWIS DEW ART APSLEY,,
v. — WILLIAM S. KNOX, .

VI. — WILLIAM H. MOODY, .
A^L — WILLIAM E. BARRETT,
VIII. — SAMUEL W. McCALL, .
IX. — JOHN F. FITZGERALD,
X. — HARRISON H. ATWOOD,
XL — WILLIAM F. DRAPER,
XII. — ELIJAH A. MORSE,
XIII— JOHN SIMPKINS, .

of North Adams,
of Springfield,
of Worcester,
of Hudson,
of Lawrence,
of Haverhill,
of Melrose
of Winchester,
of Boston,
of Boston,
of Hopedale.
of Canton,
of Yarmouth.

The following tables have been prepared by Fisher Ames, Esq.,
appointed to that duty under Chapter 238 of the Acts of 1882,
which directs the Governor to appoint some person to prepare
"tables showing w4iat general statutes have been affected by sub-
sequent legislation, in such manner as to furnish ready reference to
all chanjjes in such statutes."

TABLES

SHOWING

WHAT GENERAL STATUTES OF THE COMMONWEALTH

HAVE BEEN AFFECTED BY SUBSEQUENT

LEGISLATION.

I.
CHANGES IN THE '* PUBLIC STATUTES."

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

Sect. 1. Provision is made for clefiuiug the boundary line between
Massachusetts and Rhode Island. St. 1883, 113, 154. Between Massa-
chusetts and New Hampshire. Res. 1885, 73; 1886,58; 1890,73; 1891,
70 ; 1895, 106. And between Massachusetts, New Hampshire and Ver-
mont. Res. 1893, 87.

Sect. 3. A part of Gallop's island in Boston harbor is added. St.
1889, 27. And certain lauds in Winthrop. St. 1891, 81. And in Taun-
ton. St. 1891, 197.

Sect. 4. Lands for the use of the United States fisheries commission
added. St. 1882, 131.

Chapter 2. — Of the General Court.

Legislation recommended by State boards, etc., shall be reported to the
secretary of the Commonwealth before first Wednesday in Januar3^ St.
1893, 144.

The employment of legislative counsel and agents is regulated and pro-
vision made for returns of expenses therefor. St. 1890, 456; 1891, 223;
1895, 410 ; 1896, 342. (See 1891, 349 ; 1894, 298.)

Sect. 5 et seq. Manner of publishing notice and presenting petitions
changed in certain cases. St. 1885, 24; 1890, 302; 1896, 381. (See
1885, 371 ; 1888, 375 § 3.)

Sects. 15, 16. Compensation of members changed. The issuing to or
acceptance by them of railroad tickets free, or at less than usual rates, is
forbidden. St. 1892, 59. (See 1884, 319 ; 1886, 352 ; 1894, 359.)

742 Changes in the [Chaps. 3, 4.

Sects. 17, 18. Compensatiou of door-keepers, messengers, postmaster
and pages fixed. St. 1895, 193. (See 1882, 257; 1887, 116. Res.

1894, 86.)

Sects. 21, 22. Clerks' salaries fixed and allowance made for clerical
assistance. St. 1884, 329,334; 1888,1; 1894, 394. (See 1882, 257.)
Sects. 24, 35 repealed. St. 1884, 60.
Sect. 27. Number of door-keepers, etc., increased. St. 1882, 257 § 4 ;

1895, 11.

Sect. 32. See St. 1892, 124; 1893, 417 § 137.

Sect. 34. Additional holidays. St. 1882, 49 ; 1887, 263. Fast Day
abolished and April 19 made a holiday. St. 1894, 130; 1896, 162.

Chapter 3. — Of the Statutes.

A commission is established to promote uniformity of legislation in the
United States. St. 1891, 405 ; 1893, 311.

Provision for codification of public statutes. Res. 1896, 87.

Sect. 1. When an act is to be voted on for acceptance by a municipal
or other corporation, a return of the vote must be made to the secretary of
the Commonwealth. St. 1883, 100.

Sect. 3. Words "mayor and aldermen" defined. St. 1882, 164.

"Net indebtedness" of towns, cities and districts defined. St. 1883,
127.

Legal notices may be published in a periodical devoted exclusively to
legarnews. St. 1885, 235.

Word "gaming" includes lotteries, policy, pool buying or selling and
registering bets. St. 1895, 419 § 1.

Chapter 4. — Of the Printing and Distribution of the Laws and Public

Documents.

This chapter is revised. St. 1894, 393; 1895, 96, 238, 250, 290, 363,
463 §2; 1896, 86, 189, 221, 223, 258. (See 1882, 6, 158; 1883,55;
1884, 166; 1885, 369; 1886, 346 § 2 ; 1887, 118; 1888, 23,85, 122, 186,
191, 256, 383; 1889, 32, 35, 124, 150, 164, 212, 440; 1890, 50, 97, 126,
223 § 3, 423 § 118; 1891, 76, 191, 193, 292; 1892, 140; 1893, 70, 108,
223, 413, 417 §204, 438; 1894, 200. Res. 1886, 36; 1891, 60; 1894,
20; 1896, 5, 26, 27, 33, 35, 42, 61, 70, 88, 96, 99, 111.)

Provision is made for publishing tables of changes in the general statutes.
St. 1882, 238. For reports of election cases. Res. 1886, 36. For reports
of capital cases. St. 1886, 214. For supplements to the Public Statutes.
St. 1888, 383. Res. 1891, 60. St. 1895, 363. Histories of certain Massa-
chusetts soldiers and sailors. St. 1889, 374; 1891, 235. Res. 1891, 100;
1892, 67. (See St. 1893, 411, 413. Res. 1895, 62, 104. Res. 1896, 87.)

Provision made for pavment of postage and express charges on certain
public documents. St. 1895, 93. (See 1889,53; 1892,422.)

No illustrations shall be introduced into printed reports to the governor
or legislature unless authorized by law, or approved by secretary of state.
St. 1896, 258.

Chaps. 5-7.] PuBLIC STATUTES. 743

Chapter 5. — Of the State House, the Serge ant-at- Arms and State

Library.

Additional accommodations are provided for. St. 1882, 262 ; 1888,
349 ; 1889, 300, 394 ; 1892, 404, 438 ; 1893, 450 ; 1894, 532. (See 1891,
224 ; 1893, 129, 325 ; 1895, 39, 490 ; 1896, 531, 549. Res. 1891, 21, 25 ;
1892, 34, 96.) Portraits of governors to be collected. Res. 1890, 58;
1895, 54.

Sects. 4, 6, 9. 10. The duties of the sergeant-at-arms are revised.
St. 1884, 14; 1887, 128; 1889, 53; 1890, 456 §2; 1891, 223; 1894,
230 § 2, 298; 1895, 11, 284.

He shall give bond for faithful performance of duties and accounting.
St. 1895, 284 § 3.

Clerk provided for. St. 1887, 128. Salaries fixed : Sergeant-at-arms.
St. 1895, 284 § 2. (See 1884, 333; 1887, 128.) Clerk. St. 1893,
358. (See 1887, 128.) Messenger. St. 1893, 409. Certain exi^enses
provided for. St. 1894, 314; 1895, 10, 365. (See Res. 1895, 68.)

Sect. 12 is revised. Contingent expenses of the council and officers in the
State House are omitted. St. 1887, 128. Authority enlarged. St. 1894, 531.

Sect. 15 et seq. The trustees and librarian are authorized to prepare an
index of current events. St. 1892, 140.

Sect. 17 repealed. Appointment of trustees and librarian regulated and
salaries fixed. St. 1893, 86. (See 1887, 209 ; 1892, 287.)

Sect. 18. Additional allowance made for assistance in State librar3\
St. 1891, 24. (See 1882, 29; 1886, 6G.)

Sect. 20. Appropriation for books, furniture, etc., increased. St. 1888,
24. (See 1882, 196.)

Chapter 6. — Of the Qualification and. Registration of Voters.

This chapter is revised. St. 1893, 417 §§ 13-70; 1894, 268, 271, 291 ;
1895, 2, 27. 61, 207, 220, 489, 502 ; 1896, 73, 109, 469. (See 1882, 247,
268; 1884, 298; 1885, 246, 271 § 6, 345 § 7 ; 1886, 68, 264; 1887, 249,
329, 432; 1888, 200, 206; 1889, 69, 196, 337 § 1, 404; 1890, 393, 423
§§ 2-65, 208 ; 1891, 242, 277, 286, 290, 395 ; 1892, 351 ; 1893, 209, 351 ;
1895, 425 ; 1896, 363, 527, 547. Amendments to constitution, arts. 3, 32.)

Chapter 7. — Of the Manner of Conducting Elections and Returning

Votes.

This chapter is revised, and the laws relating to elections codified and
consolidated. St. 1893, 417, 465; 1894, 132, 200, 209, 275, 343, 504
1895, 196, 220, 237, 240, 242, 244, 253, 262, 275, 285, 299, 323, 355, 489
502, 507, 508; 1896, 244, 383, 469, 518. (See 1882, 28, 74, 260; 1883
42, 100, 229; 1884, 299; 1885, 108, 142, 159, 229, 248, 268, 351 ; 1886
49, 262, 264; 1887, 272, 371 ; 1888, 146, 164, 203, 353, 434, 436, 437, 441
1889, 191, 413; 1890, 175, 219, 223, 254, 381, 386, 393, 423, 436; 1891
10, 31, 74, 155, 238, 256, 264, 269, 270, 278, 305, 314, 328, 329, 336
1892, 51, 115, 124, 190, 224, 279, 316, 332, 368, 405, 406, 416, 431 ; 1893
39, 87, 146, 177, 209, 304, 307, 308, 349, 351, 376; 1894, 248, 385 § 2
449 ; 1895, 89, 436, 502 ; 1896, 363, 393, 527.)

744 Changes in the [Chaps, s-u.

Political committees and caucuses are regulated. St. 1895, 489, 502,
507; 1896,109,435,469. (See 1888, 441 ; 1893, 417 §§ 71-74 ; 1894,504.)
Provision for inquests in election cases. St. 1895, 355.
An act relative to the State ballot law commission. St. 1896, 383. (See

1889, 413; 1890, 436 § 5 ; 1891, 270; 1892, 406; 1893, 417 §§ 92-95;
1893, 343.)

McTammany voting machines are authorized. St. 1893, 465 ; 1896, 498.
And stamps for marking ballots. St. 1896, 518.

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

This chapter is revised. St. 1893, 417 §§ 146, 247, 285, 306, 307.
(See 1884, 299 § 7 ; 1885, 107 ; 1886, 262 § 5 ; 1890, 423 §§ 146-164, 228.)

New senatorial and councillor districts are established, and new apportion-
ment made of representatives. St. 1896, 509. (See 1886, 256, 338, 348.)

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

This chapter is revised. St. 1893, 417, Title IX. (See 1888, 382;

1890, 423 §§ 165-187, 228; 1892, 279.)

New congressional districts established. St. 1896, 519. (See 1891,
396.) The requirement of residence in the district is omitted. St. 1882, 253.

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

This chapter is revised. St. 1893, 417, Title IX. (See 1890, 423
§§ 188-207; 1892, 115; 1893, 39.)

The office of commissioner of insolvency is abolished. St. 1895, 100.
(See Res. 1894, 87.)

Chapter 11. — Of the Assessment of Taxes.

Provision is made for a State tax on certain collateral successions and
grants. St. 1891, 425 ; 1892, 379 ; 1893, 432 ; 1895, 307, 430 ; 1896, 168.

Polls and estates established as a basis for apportionment of State and
county taxes. St. 1895, 90. (See 1883, 71 ; 1886, 73 ; 1889, 103 ; 1892,
96.)

The rate of taxation is limited in cities. St. 1885, 312 § 1 ; 1893, 247,
445. (See 1885, 178; 1887, 226.)

Provision for assessment of property held for water-supply purposes in
another city or town. St. 1893, 352.

The assessors may divide any ward in a city into convenient assessment
districts. St. 1889, 115.

They shall print and distribute in cities and certain towns, and post in
other towns, lists of voters and polls. St. 1893, 417 § 18. (See 1884,
298 § 19; 1888, 206; 1890, 305, 423 §§ 25, 26; 1891, 277; 1892, 351
§§ 7-10.)

Sect. 1. As to poll taxes on females, see St. 1893, 417 §§ 14, 16.

Sect. 4. "Or indebtedness" substituted for "due" in sixth line. St.
1882, 76. But see St. 1888, 363. Words " this proviso shall apply to
corporations mentioned in Pub. St., ch. 13 § 46," added. St. 1887, 228.

Chap. ll.J PuBLIC STATUTES. 745

Railroad bonds are made taxable. St. 1888, 363.

Personal property leased for profit is made taxable, where situate, to the
owner or person having possession. St. 1889, 446.

Sect. 5, cl. 3, is revised. Certain societies and associations are added.
St. 1889, 465. (See 1882, 217 § 2 ; 1886, 231 ; 1888,, 158.)

Cl. 9. Certain real estate of incorporated horticultural societies is ex-
empted. St. 1884, 176.

Cl. 10. It does not affect the exemption that the property is owned in
common with others. St. 1885, 169.

Cl. 11. Domestic fowls to the value of fifteen dollars exempted. St.
1894, 220.

Cl. 12. See St. 1884, 298 § 7. Property of certain disabled soldiers
and sailors exempted to the amount of $2,000. St. 1895, 202. (See
1894, 315.)

Sect. 6. See St. 1883, 189.

Sect. 10. The provisions of this section are extended. St. 1893, 149.
(See 1887, 373; 1889, 286; 1891, 116.)

Sect. 13. The person appearing as the owner of record is to be held to
be the true owner even though deceased. St. 1889, 84.

Sect. 14 amended. "Taxable real estate," in first line, changed to
"real estate not exempt from taxation under section five of this chapter."
St. 1882, 175 § 3.

Sects. 14-16. See St. 1888, 390, §§ 32-34; 1889, 334.

Sect. 20. Provision made for assessment of personal property held by
an assignee in insolvency, or for creditors ; and of personal property held
by joint owners or tenants in common, other than partners. St. 1882,
165.

Royalty-paying machines are assessable. St. 1887, 125. Personal prop-
erty leased for profit shall be assessed where situated. St. 1889, 446.

Cl. 2. An act to prevent the double taxation of certain machinery. St.
1894, 304.

Cl. 5. Amended to prevent double taxation. St. 1894, 490.

Cl. 6. See St. 1888, 390 § 26.

Cl. 7. See St. 1891, 425.

Sect. 31 et seg. See St. 1885, 312; 1893, 247, 445.

Sect. 34. See St. 1882, 133.

Sect. 38. Returns of mortgages of real estate provided for. St. 1882,
175. And of property held for literary, benevolent, charitable or scientific
purposes. St. 1882, 217; 1888, 323. Uniform form of returns provided
for. St. 1894, 294.

Sect. 38 e« seg. See St. 1884, 298 §§ 11-14; 1888, 200, 206; 1890,
423 § 17 ; 1893, 352, 417 §§ 16-21.

Sects. 38, 72. See Res. 1892, 55.

Sect. 39 amended. St. 1891, 381.

Sect. 44. Provision for abatement without a new list in certain cases.
St. 1894, 354.

Sect. 49. The overlay is valid, although it may cause the tax to exceed
the legal limit. St. 1887, 226. (See 1885, 312 ; 1887, 281 ; 1888, 362 ;
1893,247,445.)

746 Changes in the [Chaps. 12, 13.

Sect. 50. Piovisiou lor free iiccess to lists of valuation and assessment.
St. 1888, 307.

Sects. 52-55 are amended and changes made in returns. St. 1883, 41,
91; 1890, 242; 1891, 65. (See 1885, 106; 1886, 56; 1887, 86. Amend-
ments to constitution, art. 32.) As to Boston, see St. 1894, 318.

Sect. 61. Assessoi's shall certify amount assessed upon each poll as
State and county tax respectively. St. 1889, 467 § 1.

Sect. 69. Tenants under obligation to pay taxes may apply for abate-
ment. St. 1888, 315. (St. 1890, 127.)

Sects. 69-76. Appeal may be made to superior court. Proceedings
regulated. St. 1890, 127; 1895, 75. (See 1882, 218; 1893, 352 § 3.)

Sect. 73. See St. 1884, 298 § 11 ; 1888, 200 ; 1890, 423 ; 1893, 417.

Sect. 75. Interest allowed on taxes abated. St. 1894, 207.

Sect. 77. See St. 1885, 67, 161.

Sect. 78 is revised. St. 1888, 362. (See 1886, 85.)

Sect. 90. Assessors must send to tax commissioner all lists and state-
ments received of exempt property. St. 1882, 217 § 3.

Sect. 91. Amount of sinking funds or proportionate annual payments
of debts must be given. St. 1882, 133 § 2.

Sect. 92. As to Boston, see St. 1882, 252 § 5 ; 1892, 419 § 138.

Sect. 93. Apportionment of State and county taxes is to be stated on
tax bills of males assessed for poll tax only, and they are not entitled to a
certificate under this section. St. 1889, 467 § 2. (See 1884. 298 § 8.)

Sects. 96, 97. For apportionments, see St. 1883, 71 ; 1886, 73 ; 1889,
103; 1892, 96; 1895, 90.

Chapter 12. — Of the Collection of Taxes.

This chapter is repealed, and the law as to the collection of taxes revised
and codified. St. 1888, 390; 1889, 253, 334; 1890, 331; 1891, 288;
1892, 109, 168, 370; 1893, 241 ; 1894, 537. (See 1882, 243; 1883, 101 ;
1884, 162, 242; 1886, 320; 1887, 110, 142.)

The service of process in the collection of taxes is regulated. St. 1892,
168. Provision made for preservation of accounts, papers and records
relating to assessment and collection of taxes. St. 1892, 370.

State treasurer may sue to recover the State legacy and succession tax.
St. 1891, 425 § 18.

Provision to prevent excessive charges in redemption of tax titles. St.
1891, 288.

Chapter 13. — Of the Taxation of Corporations.

Office of deputy tax commissioner abolished and that of tax commissioner
and commissioner of corporations established ; duties defined and salary
fixed. St. 1890, 160; 1891, 233 § 2, 360; 1894, 484. (See 1882, 217
§ 3, 252 § 5 ; 1887, 214 § 94, 342 § 1 ; 1890, 127 § 7.)

Sect. 2. Salaries of clerks fixed and allowance made for clerical assist-
ance. St. 1887, 342 § 2 ; 1891, 342.

Sect. 6. See St. 1882, 217 § 3, 252 § 5.

Sects. 8, 9. Provision made for counsel to defend suits to recover a
national bank tax paid to a city or town. St. 1886, 332. (See 1887, 142
§ 3; 1888, 3-90 § 95.)

Chap, 14.] PuBLIC STATUTES. 747

Sects. 17, 40. Title insurance companies are to be taxed under these
sections. St. 1884, 180 § 5 ; 1887, 214 §§ 62-64.

Sect. 20. Tlie exemption is extended. (See ch. 116 § 20, cl. 8.) St
1883, 248. (See 1886, 77.)

Sects. 20, 22. Taxes upon savings banks to be assessed by, and returns
made to tax commissioner. St. 1890, 160 § 4. Provision for repayment
■of tax on real estate used for banking purposes. St. 1890, 406 ; 189f, 171.
Sect. 24 is repealed. The capital stock, franchises and personal estate.
but not the real estate, of co-operative banks are exempted. St. 1890 63
(See 1883, 98; 1885, 121 § 3.)

Sect. 25 et seq. The provisions as to the taxation of insurance com-
panies are revised, and §§ 26, 34, 37 are amended. St. 1887, 283 ; 1888,
154; 1890, 197; 1892, 129. (See 1887, 214 §§ 19, 64.)

Sect. 33 amended. When reinsurance is effected otherwise than by
licensed resident agent no deduction is to be made for sums paid therefor.
St. 1888, 154. (See 1887, 214; 1890, 197; 1892, 129.)

Sects. 38-40. Telephone companies are to be taxed under these sec-
tions. St. 1885, 238 ; 1886, 270.

Sects. 40, 52, 53, 54, 57, 58, 59. Taxation of safe deposit, loan and
trust companies regulated. St. 1888, 413 §§ 21-24.

Sect. 43. Taxation of foreign mining, quarrying, land and oil com-
panies regulated. St. 1882, 106; 1883, 74; 1884, 330 § 3; 1886, 230
(See 1891, 341.)

Sect. 46. Corporations mentioned in this section are within the proviso
of ch. 11 § 4, as to local taxation. St. 1887, 228. Rate of taxation fixed.
St. 1895, 300.

Sects. 61, 62. Appeal from assessors may be made to superior court.
Proceedings regulated. St. 1890, 127. (See 1895, 75.)

Chapter 14. — Of the Militia.

This chapter is revised. St. 1893, 367, 439; 1894, 236; 1895,465;
1896, 348, 425. (See 1882, 97, 154 § 11, 178, 179 ; 1884, 45, 230 ; 1885,
147, 236; 1886, 63, 105, 237; 1887, 411; 1888, 366, 384; 1889, 360;
1890, 425; 1891, 232; 1892, 238,366; 1893, 193,231. Res. 1882, 15-

1890, 67.)

A naval brigade is established. St. 1892, 366 ; 1893, 367 § 29 ; 1894
312; 1896, 182. (See 1888, 366.) And a nautical training school. St!

1891, 402; 1893, 124.

Provision made for armories in cities. St. 1888, 384; 1894, 211. (See
1893, 367 §§ 92-97; 1895, 465 § 5.)

The law defining what bodies of men may parade with arms is revised
St. 1895, 465 § 6. (See 1887, 411 § 124; 1890; 425 § 10; 1893, 367
§ 124. Res.. 1890, 67.)

Ambulance corps reorganized. St. 1894, 236.

Provision is made for appointment of a State military and naval his-
torian. St. 1889, 374; 1891, 235. (See Res. 1894, 14, 94; 1895, 62,
104; 1896, 80.) And for a compilation of records of the revolutionary
war. Res. 1891, 100. And of the grand army of the republic. St. 1893,
411. (See St. 1893, 413.)

748 ChA]S-GES in the [Chaps. 15, 16,

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

the Commonwealth.

Provision for delegates to certain national conventions. St. 1894, 376.

Sects. 1-10. Salaries fixed: Governor; St. 1892, 101. (See 1884,

328; 1892, 59.) Governor's private secretary and executive clerk; St.

1891, 411. (See 1884, 8; 1885, 77; 1887,83.) Executive messenger;
1891,429. (See 1884, 38; 1887, 221.) Stenographer ; 1892, 16. Secre-
tary of the Commonwealth; 1888, 385. (See 1884, 79.) First and second
clerks; 1891, 410. (See 1885, 87; 1886, 238.) Third clerk; 1893, 103.
(See 1883, 48 ; 1887, 26.) Allowance for messenger and clerk hire ; 1890,
239; 1893, 112; 1895, 402. And for extraordinary expenses. St. 1890,
415. (See 1884, 15; 1889, 101; 1890, 455.)

The secretary is required to give bond and make annual reports. St.

1892, 262; 1893, 148; 1896, 443. (See 1894, 393 § 7.)

Sect. 2. Salary of lieutenant governor, when acting governor, fixed.
St. 1896, 347.

Sect. 9. Additional duties of the secretary : As to elections. St. 1893,
417; 1895, 242. (See 1888, 436 §§ 13, 14; 1890, 223 § 3, 423 § 118;
1891, 328, 329; 1892, 124, 416 § 18. Res. 1896, 78.) Changes of
names of corporations. St. 1891, 360, § 5. As to returns of medical exam-
iners. St. 1885, 379 §§ 4-6. Department records. St. 1883, 99. Res.
1884, 60. St. 1885, 337; 1894, 378. (See Res. 1893,30, 32.) Reports
recommending legislation. St. 1893, 144; 1896, 258. State printing.
St. 1896, 248, 258. (See 1893, 287.) Care of Commonwealth building.
St. 1884, 14. Sale of railroad equipments, etc. St. 1894, 326 § 2. (See

1893, 413.) Index to state archives, Res. 1896, 83.

Sect. 12. Form and device of the great seal established. St. 1885,
288.

Sect. 15 is repealed. Blank forms for returns are to be furnished by
the commissioners of prisons. St. 1882, 226.

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

The par of exchange established by U. S. Rev. St. § 3565 is adopted.
St. 1882, 110.

Duties of auditor extended. St. 1882, 22; 1883, 258, 264; 1884, 179,
207, 255 § 30; 1885, 41, 313, 371 § 2, 385; 1886, 300; 1887, 87; 1891,
384; 1893, 287, 417 § 123.

Provision made for auditing accounts of county officers, officers of infe-
rior courts and trial justices, and for returns and payments by them. St.
1887, 438; 1888, 275; 1890, 216, 306, 380 § 3 ; 1893, 257, 270; 1894,
183, 248. (See 1886, 169; 1890, 204, 215.)

Provision made for an agent to prosecute claims of the Commonwealth
against the United States. Res. 1883, 45.

Claims under St. 1862, 62 ; 1863, 254, to be filed with the auditor.
St. 1882, 112. (See 1894, 67.)

Provisions of this chapter extended to advances on account of nautical
training school. St. 1893, 124.

Chap. 17.] PUBLIO STATUTES. 749

Sect. 2. Salaries fixed. Auditor; St. 1889, 70. (See 1885, 195.)
Clerks; St. 1891, 375. Expert iu printing; St. 1893, 287. (See 1885,
195; 1887, 30; 1888, 432.) Clerical assistance. St. 1894, 397.

Sect. 7. Time for auditor's report changed. St. 1884, 207.

Sect. 17. Clerks and clerical assistance provided for, and salaries of
treasurer and clerks fixed. St. 1885, 263; 1886, 38, 334; 1889, 349;
1891, 233 ; 1893, 432 ; 1895, 276, 392 ; 1896, 326 (See 1882, 111 ; 1883,
164; 1885, 15; 1891, 310.) Office hours regulated. St. 1886, 257.

Provisions in regard to trust deposits. St. 1891, 233 ; 1893, 224 ; 1894,
522 §§ 79, 94. (See 1887, 214 § 94.)

Sect. 18 superseded. St. 1890, 160.

Sects. 19, 26, 60. Provision for management of surplus accumulations
of sinking funds. St. 1891, 259. (See 1893, 424.) Certain moneys are
to be paid into the school fund. St. 1890, 335 ; Res. 1894, 90.

Treasurer may receive from the United States, and pay over, sums for
the soldiers' home. St. 1890, 373. (See 1889, 282.) And moneys
from cities and towns in su^jport of practice and model schools. St.
1896, 133.

Sect. 26. Annual financial estimates are to be made to the auditor.
St. 1885, 41.

Sect. 28. Advances for small expenses and method of accounting
therefor provided for. St. 1884, 179; 1887, 269 §5, 438; 1888, 180^,
322; 1890,58; 1891, 54; 1893, 124; 1894, 245, 314; 1895, 10. (See
1895, 34.)

Certain unclaimed funds shall be paid to the treasurer. St. 1890, 330.

Sect. 42 repealed, and power of committees to cause hearings to be
advertised limited. St. 1885, 371. (See 1885, 24.)

Sect. 52. Payments of money from sales of public property regulated.
St. 1884, 326.

Sect. 53. Suits for collateral legacy and succession tax are to be brought
by the treasurer. St. 1891, 425 § 18. (See 1892, 379 ; 1893, 432.)

Sect. 54. Advances on account of monthly salaries authorized. St.
1895, 34.

Sect. 55 extended to trust and safe deposit companies approved by the
governor and council. St. 1891, 310.

Sect. 60. Additional investments are allowed. St. 1882, 130.

Sects. 72, 73 repealed. St. 1887, 438 § 8. (See 1886, 169 ; 1888, 275 ;
1890, 216, 306, 380; 1893, 270.)

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

Sects. 1, 2. Duties and authority of the attorney-general regulated.
St. 1896, 490. (See 1886, 216; 1888, 425.)

Salaries fixed. St. 1889, 402. (See 1896, 490 § 3.)

Sect. 3. Attorney-general shall appear in capital cases when the public
interests require it. ^St. 1891, 379 § 10; 1893, 324.

Sect. 8 extended. St. 1892, 159; 1894, 127; 1895, 373.

Sect. 9. Attorney-general may cause reports of capital cases to be pub-
lished. St. 1886, 214. (See 1890, 374; 1895, 372.)

Sect. 10. Allowance for coutiugeut expenses increased. St. 1890, 388.

750 Changes in the [Chaps. is, i9.

Sects. 13-15. Salaries fixed and assistants allowed: Eastern district;.
St. 1882, 156, 157; 1888, 289. Middle; 1889, 250. (See 1885, 168.)
Assistant; 1888, 157; 1893, 138. Southern; 1892, 319. Assistant^

1893, 457. South-eastern; 1888, 267. Assistant, 1891, 113; 1894, 297.
(See 1888, 267 § 2.) Suffolk; 1887, 160. First assistant; 1892, 233.
Second assistant; 1887, 160. Clerk; 1889, 238. (See 1882, 245 §2;

1887, 160.) Western; 1887,97.

Salaries of all assistants are to be paid out of the treasury of the Com-
monwealth. St. 1895, 424.

Sect. 16. See St. 1888, 267 § 2 ; 1891, 113.

Sect. 19 is extended. St. 1893, 345. (See 1885, 379 § 7.)

Chapter 18. — Of Notaries Public and Commissioners to administer
Oaths of OflQ.ce and to take Acknowledgments of Deeds, etc.

Form of acknowledgment and execution of deeds, etc., established. St.

1894, 253 ; 1895, 460.

Sect. 1. Notaries have jurisdiction throughout and are appointed for
the Commonwealth. St. 1891, 38.

Women may be appointed special commissioners to administer oaths^
take acknowledgments and depositions and summon witnesses. St. 1883,
252; 1889, 197; 1896, 476. (See 1882, 139.)

Sect. 14. The oath may be taken before a United States minister or
consul. St. 1885, 31.

Chapter 19. — Of the Board of Harbor and Land Commissioners.

The commissioners are authorized to remove wrecks and obstructions in
tide-waters. St. 1883, 260. (See 1887, 98.)

United States government may occupy and fill flats on Gallop's island,
and build structures over tide- waters. St. 1889, 27 § 2.

Sect. 1. Salaries fixed. St. 1893, 298.

Sect. 2. Custody of archives of Maine lands transferred to the secre-
tary of the Commonwealth. St. 1883, 99.

Sect. 3 not to apply to certain province lands. St. 1893, 470 § 4. (See

1886, 144.) The commissioners have general care and supervision of the
Connecticut river and of structures therein. St. 1885, 344; 1891, 266.
(See 1882, 274 ; 1883, 183.) Building restricted in the river. St. 1893,
301.

They have the same charge of Commonwealth lands, not otherwise pro-
vided for, that they have of lands in tide-waters. St. 1886, 144. (See

1888, 318; 1893, 470.)

Sect. 7. Regulations are established for Gloucester harbor ; St. 1885,
315; 1895, 106. Harbor lines are established for Boston; St. 1892, 358
§ 2. East Boston; 1882, 48. South bay, Boston; 1891, 309. Chelsea;

1887, 344. Gloucester ; 1882, 103 ; 1883, 109 ; 1895, 106 § 2. Haverhill ;
1883, 104. (See 1891, 344; 1893, 435)

Sect. 8 et seq. The board has supervision over great ponds and may
license structures therein. St. 1888, 318. (See 1886, 248.) A license
is required to dam a navigable stream or outlet of a great pond for cran-
berry culture. St. 1892, 55.

Chaps. 20, 21.] PuBLIC STATUTES. 751

Sects. 8, 10, 11, 12 apply to the Couuecticut river. St. 1885, 344 §§ 2,
3; 1891, 266.

Sects. 10-13, 16 apply to great pouds. St. 1888, 318 § 5.

Chapter 20. —Of the State Board of Agriculture.

An agricultural experimeut station is established, and ineiiibership and
duties of board of control prescribed. St. 1882, 212 ; 1883, 105 ; 1885,
327; 1887,31,212; 1888,333; 1889,111; 1894, 143; 1895, 57; 1896,
254. (See 1888, 296 ; 1895, 421 ; 1896, 297.)

A dairy bureau is established, to consist of three members of the board
of agriculture. St. 1891, 412; 1892, 139. (See 1894, 280; 1895, 212.)

Provision is made for registration of pedigrees of horses. St. 1890, 334.
And for punishing false registration or giving false pedigrees of horses,
cattle, etc. St. 1887, 143 ; 1890, 334.

The agricultural college may receive moneys granted by the United
States. St. 1889, 111. (See 1887, 212.)

The trustees of the college are allowed certain expenses. St. 1889, 45.

Provision is made for a bounty for sugar from beets or sorghum cane.
St. 1883, 189. And for bounties to chartered poultry associations. St.
1895, 351.

Sect. 1. Membership of board changed. St. 1894, 144.

Sect. 2 amended. St. 1896, 254.

Sect. 4. Assistant secretary provided for. St. 1891,412 § 6. Salaries
fixed: Secretary; St. 1883, 184. Assistant; St. 1891, 412 § 6. Clerks;
St. 1891, 300; 1892, 143; 1893, 130. (See 1887, 245.)

Allowance for clerical services and for lectures increased. St. 1884, 66.

Sects. 5, 6. The board is authorized to collect and circulate informa-
tion about abandoned farms. St. 1891, 280. (See Res. 1893, 46.)

And to take measures to exterminate the " gypsy " moth. St. 1891, 210.
(See 1890, 95. Res. 1893, 40.) Provision is made for extermination of
insect pests by cities and towns. St. 1893, 78.

Sect. 8 amended. St. 1894, 101.

Chapter 21. -General Provisions relating to State Officers.

A civil service commission is established and appointments to service
regulated. St. 1884, 320; 1887, 364, 437; 1888, 41, 253, 334; 1889,
177, 183, 351, 352, 473 ; 1891, 140 ; 1893, 95, 253 ; 1894, 267, 519 ; 1895,
376, 501; 1896, 449, 494, 502, 517. (See 1888, 41; 1895, 376; 1896,
86, 256, 424. Res. 1892, 34.)

Certain officers shall not accept railroad tickets at less than usual rates.
St. 1892, 59.

Legislation recommended by State boards and commissions shall be re-
ported to the secretary of the Commonwealth before the first Wednesday
in January. St. 1893, 144.

Provision made for appointment of a State military and naval historian.
St. 1889, 374; 1891, 235. (See Res. 1894, 14, 94; 1895, 62, 104; 1896,
80.) And for a compilation of records of State soldiers and sailors in the
revolutionarv war. Res. 1891, 100. And of the grand army of the repub-
lic. St. 1893, 411. (See St. 1893, 413. Res. 1893, 49.)

752 Changes in the [Cmap. 22.

Legal services required by officers or boards shall be performed by or
under direction of the attorney general. St. 1896, 490.

Standard record inks required. St. 1894, 378.

Sect. 1, Tenure of office of officers appointed by governor and council
regulated. St 1887, 364.

Sect. 7. Official bonds must be examined yearl}', and, if insufficient,
renewed. St. 1885, 32 ; 1893, 257.

Sect. 10. Treasurer's office hours regulated. St. 1886, 257 ; 1896,
522. Advancements on account of salaries authorized. St. 1895, 34.

Chapter 22. — Of Counties and County Comuiissioners.

Sect 1. Muskeget and Gravelly islands annexed to Nantucket. St.
1887, 88.

Sect. 5. Counties to provide places for holding district and police
courts. St. 1893, 396 § 1.

Sect. 13. When their clerk is absent, the commissioners shall appoint
one of their number clerk pro temjwre. St. 1890, 198. Proceedings reg-
ulated. Pro tempore clerk may be a woman and shall be sworn. St. 1896,
384.

Sect. 14. Compensation fixed : Barnstable; St. 1893, 276. Berkshire;
St. 1890, 133. Bristol; 1893, 291. (See 1886, 251 ; 1889, 339.) Essex;
1892, 354. (See 1885, 277.) Franklin; 1888, 65. Hampden; 1889, 30.
Hampshire; 1887, 211. Middlesex ; 1889, 303. (See 1885, 277.) Nor-
folk; 1892,399. (See 1885, 277; 1891, 80.) Plvmouth ; 1892, 298.
(See 1886, 251.) Worcester; 1893, 288. (See 1886, 251; 1891, 79;

1892, 59; 1893, 275 § 1.) Transportation expenses are allowed. St.

1893, 273.

Special commissioners. St. 1894, 250; 1895, 112.

Sect. 15. Meetings changed in Berkshire. St. 1883, 63.

Sect. 17. Certain formal proceedings are authorized, notwithstanding
disqualification. St. 1893, 238.

Sect. 18 repealed. St. 1893, 275 § 2.

Sect. 19. Oaths of treasurers and registers of deeds are to be recorded.
St. 1890, 308.

Sect. 20. Commissioners may examine reservoirs and dams, and pro-
ceed under P. S , ch. 190 §§ 53-58. St. 1891, 315 ; 1893, 99.

Provision for additional accommodation for courts in Middlesex. St.
1893, 160; 1895, 492. And in Worcester. St. 1896, 350.

Provision made for certain expenses of inferior courts and justices. St.
1890, 440 § 11 ; 1891, 70, 325 ; 1893, 396 § 1. And for rearranging, in-
dexing and recording certain records and dockets when worn, mutilated or
indistmct. St. 1891", 225 ; 1892,253.

Provision in regard to payment of county taxes. St. 1889, 253.

Orders drawn on county treasurers must be recorded, certified and ac-
companied by original vouchers. St. 1890, 206.

Proposals for county loans must be advertised for. St. 1895, 111. (See
1895, 143.)

Sect. 26 is limited to regular commissioners and made applicable to
Issuing orders of notice. St. 1685, 91.

Chaps. 23, 24.] PuBLIC STATUTES. 753

Chapter 23. — Of Coiinty Treasurers and County Finances.

Sect. 1. Record shall be made of oath of treasurer. St. 1890, 308.

Sect. 2. Salaries fixed: Berkshire; St. 1889, 58. Bristol; 1889, 16.
Essex; 1886, 133. Hampden; 1884, 112. Hampshire; 1887, 159. Mid-
dlesex; 1887, 57. Norfolk; 1892, 295. (See 1890, 143.) Plymouth;
1889, 260. Worcester ; 1886, 132.

Allowance for clerical assistance : Bristol ; St. 1892, 144. Essex ; 1889,
810; 1896, 147. Middlesex ; 1889, 85. Norfolk ; 1895, 133. Worcester;
1893, 156; 1895, 113. And travelling expenses in certain counties. St.
1896, 176.

Sect. 6 et seq. County expenditures regulated. St. 1890, 206, 209,
296 ; 1896, 357. (See 1887, 438 ; 1890, 216, 380 ; 1893, 270 ; 1895, 482 ;
1896, 172.)

Proposals for county loans must be advertised for. St. 1895, 111. (See
1895, 143.)

No payments of fees to clerks of courts. St. 1890, 209.

Sects. 11, 20, 30. Yearly reports of prison receipts and expenses pro-
vided for. St. 1891, 187; 1892, 430.

Sect. 22 is revised. St. 1895, 143 ; 1896, 128, 443. (See 1895, 482,
493 § 2; 1896, 172.)

Sect. 24 affected. St. 1889, 253.

Sect. 28. Treasurer's accounts and returns regulated. St. 1890, 141,
380. (See 1887, 438 ; 1888,275; 1895,482.)

Sect. 30. See St. 1891, 187; 1892, 430.

Sect. 32 repealed. St. 1890, 380 § 2.

Sects. 36-39 repealed. Controller of county accounts established. St.
1887, 438; 1888, 275; 1890, 216, 380; 1893, 257, 270; 1894, 183; 1895,
143; 1896, 128. (See 1886, 169; 1890, 204; 1894, 248.) And deputies.
St. 1890, 306; 1895, 175.

Chapter 24. — Of Registers of Deeds.

Salaries are established for registers and assistant registers. The fees
are to be paid to the county. St. 1895, 493. (See 1887, 438.) Pro-
vision for assistant registers and clerical assistance. St. 1896, 172.

Standard record inks are required. St. 1894, 378.

Sect. 2. Copies of certain records in registry of northern district to be
deposited in registry of southern district. St. 1890, 158 ; 1891,174. New-
registry established in Bristol. St. 1891, 234.

Sect. 5. And in Worcester. St. 1884, 40.

Sect. 6. Record shall be made of oath of registers. St. 1890, 308.

Sect. 9. Women may be assistant registers. St. 1885, 7.

Sect. 12. Requirement of residence in place of registry repealed. St.
1892, 121.

Sects. 13-26. Provision for recording office copies of instruments affect-
ing titles to lands lying in more than one county or registry district. St.
1889, 448. And for re-recording worn or indistinct records. St. 1892,
253.

754 Changes in the [Chaps. 25-27.

Sect. 22. Indexes, except in Snffolk, must show towns in which the
lauds lie. St. 1885, 29.

Sects. 25, 26 amended. Registers substituted for commissioners. St.
1896, 443.

Sect. 29 repealed. St. 1895, 493 § 6.

Sects. 30, 31, 33 repealed. St. 1896, 443. (See 1893, 148.)

Chapter 25. — Of Sherifis.

Sect. 16. Sherilif may further arrest a person under arrest bv a con-
stable. St. 1896, 247.

Sect. 18. See St. 1893, 423, § 32.

Sect. 20 is extended to writs and processes in favor of a sheriff. St.
1885, 75.

Sect. 22. Salaries fixed : Barnstable; St. 1894, 153. Berkshire; St.
1887, 58. Essex; 1894, 415. (See 1887, 164.) Hampden; 1889, 38
Hampshire; 1891, 154. Middlesex; 1888, 95. Suffolk; 1888, 228.
Worcester; 1888, 244.

In Dukes and Nantucket fees are allowed. St. 1884, 209 ; 1886, 28.

Sects. 24, 25. Sheriffs must deposit public moneys beyond what are
required for immediate use. St. 1890, 215. (See St. 1893, 148, 270 § 2.)

Chapter 26. — Of Medical Examiners.

Sect. 2. New district made in Franklin county ; St. 1884, 321 ; and in
Plymouth ; 1886. 74.

Sect. 6 repealed. St. 1893, 257.

Sect. 9 et seq. Fees and duties of examiners resjulated. St. 1885, 265
§ 4, 379 ; 1887, 310; 1888, 306 § 2 ; 1890, 213 ; 1892, 286 ; 1896, 338.

When death is supposed to be due to violence, no embalming fluid shall
be used without a permit signed by an examiner. St. 1892, 152.

Sects. 12-15. Provision for verbatim reports of evidence at inquests in
cases of death by accident on a railroad or street railway. St. 1896, 302.
(See St. 1888, 365; 1889, 154; 1896, 338.)

Sects. 14, 25. Fees of witnesses, etc., at inquests regulated. St. 1883,
61 ; 1885, 379 § 2 ; 1890, 440 § 9. (See 1888, 180.)

Sects. 20, 24. Provision made for disposition of bodies and for account
of expenses. St. 1887, 310.

Sect. 25. Special justices of mnnicipal, police and district courts, with
certain exceptions, are to have same fees as trial justices. St. 1885, 40.
The record must state the fact which gives them jurisdiction. St. 1892, 268.

Chapter 27. — Of Towns and Town Oflacers.

Deposits of town moneys regulated. St. 1893, 266.

Sects. 2-6. Provision for definition and preservation of town boundary
lines. St. 1888, 336.

Sect. 9. Towns may lease public buildings, except school- houses, to
grand army and veteran firemen's associations. St. 1885, 60; 1891, 218.

May take lands for public parks. St. 1882, 154 ; 1890, 240 ; 1893, 300.
(See 1893, 75, 416 ; 1896, 199.) And for preservatioij of forest trees or

Chap. 27.] PuBLIC STATUTES. 755

preservation of water supply. 8t. 1882, 255 ; 1896, 190. And for puri-
fication and disposal of sewage. 8t. 1890, 124. And for public libraries.
8t. 1894, 145.

May provide by by-law for making all drains and sewers main drains
and common sewers. St. 1895, 227. (See 1896, 251 § 2.)

May lay out, alter and widen highways and county bridges. St. 1891,
170.

May adopt act providing for extermination of insect pests. St. 1893, 78.

May establish and maintain public play-grounds. St. 1893, 225. Cer-
tain towns may lease open spaces for play-grounds. St. 1893, 331. (See
1893, 300, 416.)

May regulate width of tires on vehicles owned in the town. St. 1895, 296.

May give the improvement of public grounds to corporations organized
for the purpose. St. 1885, 157. (See 1893, 300 § 6, 331, 416.)

May manufacture and distribute gas and electricity on certain condi-
tions. St. 1891, 370; 1892, 259; 1893, 454; 1894, 182, 533.

Sect. 10. Towns may contract for disposal of garbage, refuse and offal.
St. 1889, 377.

May contract with hospitals for temporary care of the sick. St. 1890,
119. (See 1891, 90.)

May employ counsel at hearings before legislative committees. St.
1889, 380.

May pay interest on public gifts in certain cases. St. 1895, 217.

May raise money to erect, dedicate and repair monuments to soldiers
and sailors in national wars. St. 1884,42; 1886,76; 1896, 291. And
to firemen fatally injured in performance of their duties. St. 1896, 455.
And to mark spots of historic interest. St. 1896, 477.

May furnish State and military aid to soldiers and sailors. St. 1889,
279, 301. Shall support certain soldiers and sailors and their families.
St. 1890, 447; 1893, 237, 279. (See 1888, 438; 1889, 298.)

Sect. 10, last clause. See St. 1888, 304 ; 1889, 312 ; 1890, 347 ; 1892,
255.

Provision for furnishing towns with steam rollers for construction of
macadamized roads, upon certain conditions. St. 1896, 513. (See 1894,
497; 1895, 347, 486.)

Certain towns may water streets and assess cost thereof on the abutters.
St. 1895, 186.

Sect. 11. Towns may appropriate money for certain anniversary cele-
brations. St. 1889, 21; 1892, 166. And July fourth. St. 1896, 152.

Sect. 12. May raise fifty cents per poll for planting, etc., of shade
trees. St. 1885, 123 § 1. (See 1890, 196; 1891, 49; 1892, 147; 189^3,
78, 403.)

Sect. 15 et seq. Regulations for use of carriages, etc., in streets under
P. S., ch. 28 § 25, shall be made by selectmen in towns and published.
St. 1885, 197. (See 1894, 479 ; 1895, 296.) And to regulate and control
itinerant musicians and coasting. St. 1892, 390.

Sect. 27. Towns having a water supply may contribute with other
towns to construct a sewerage system to protect the purity of such supply.
St. 1888, 160.

756 ©RANGES IN THE [Chap. 27.

Sect. 34. No fee for detention and support shall be allowed unless it
appears by officer's return that defendant was actually detained in the
lock-up. St. 1890, 166.

Sect. 41 extended to public library buildings. St. 1894, 145.

Sects. 44-49 are extended to all persons and corporations, and to electric
light and telephone wires. St. 1883, 221 ; 1887, 385 § 8 ; 1889, 398, 434 ;
1895, 350. (See 1884, 302, 306; 1887, 382.)

Sects. 48, 129. Superior court given concurrent jurisdiction. St.
1891, 293.

Sect. 52. See St. 1887, 249; 1890, 423 § 208; 1892, 351 § 2; 1893,
417 § 13.

Sects. 52-69. The laws relating to town meetings, moderators and
election of town officers are revised. St. 1893, 417 §§ 259-294 ; 1894, 16,
132 ; 1895, 89, 285. (See 1883, 229 ; 1884, 208 § 4, 299 ; 1885, 5, 261 ;
1886, 262, 264, 295; 1887, 249, 371; 1888, 221, 353; 1889, 191 ; 1890,
351, 419, 423 §§ 208-227 ; 1891, 10, 31, 32, 74, 155, 270, 305, 336 ; 1892,
51, 190, 224; 1893, 87, 177; 1896, 251 § 2.)

Voting precincts provided for. St. 1893, 417 § 101 ; 1894, 132. (See
1886, 264; 1890, 423 § 72; 1893, 465; 1896, 498.)

Sect. 55. See St. 1888, 436 § 10; 1890, 386 § 3 ; 1892, 124; 1893,
417 §§ 260, 345.

Sects. 64, 66-68, 70, 73, 74, 77-81, 83, 84, 86, 87, 89-91, 93, 94, 97,
98 are repealed. St. 1893, 417 § 345. (See 1894, 16, 132.)

Sects. 71, 72, 75, 76, 82, 85, 88, 92, 95, 96, 99-128 are repealed, and
laws as to powers and duties of town officers revised. St. 1893, 423. (See
1886, 295 ; 1888, 221 ; 1889, 98, 178 ; 1893, 60.)

Women may be chosen overseers of the poor. St. 1886, 150. Or assistant
town or city clerk. St. 1895, 142.

Provision for town auditors. St. 1893, 417 § 266 ; 423 § 20. (See
1886, 295 ; 1888, 221 ; 1889, 191 ; 1890, 254.) Sewer commissioners. St.

1893, 304, 417 § 266. (See 1893, 423 § 24.) Superintendents of streets.
St. 1893, 423 § 25. (See 1889, 98, 178.) Highway surveyors. St. 1895,
374. (See 1893, 417 § 266, 423 § 21 ; 1894, 17.) Boards of health. St.

1894, 218, 473; 1895, 398, 508. (See 1885, 307.) Commissioners of
public burial grounds. St. 1890, 264. Assistant town clerks. St. 1893,
423 § 4. (See 1893, 60; 1895, 142.) Tree wardens. 1896,190.

Town officers shall demand and receive from their predecessors, under
oath, their official records, papers, etc. St. 1891, 340.

Sect. 85. Police officers may be assigned to agricultural and horticult-
ural exhibitions. St. 1892, 180. Pi'ovision for street railway police. St.

1895, 318. (See 1896, 338.)

Special officers for emergencies must be residents of the Commonwealth.
St. 1892, 413.

Sect. 95 et seq. Town clerks shall give bonds to account for moneys
received for dog licenses. St. 1888, 320. (See 1888, 308.)

Shall make returns of votes on acceptance of acts by the town. St.
1883, 100. (See 1890, 175, 423 § 155 ; 1893, 417 § 203 ; 1894, 132.)

Shall notify commissioners of prisons of appointment of certain police
officers and constables. St. 1892, 290.

Chap. 28.] PuBLIC STATUTES. 757

Sects. 102-104. Form of oath modified. Provision to punish fraud in
vahiations. St. 1885, 355 ; 1893, 423 § 10.

Sect. 112 et seq. Town clerks shall return names of constables to clerks
of county courts within seven days after they qualify. St. 1889, 384.

Sect. 129. Superior court given concurrent jurisdiction. St. 1891,293.

Sect. 130 applies to St. 1893, 423 § 41.

Chapter 28. — Of Cities.

General provision is made for the establishment of city governments.
St. 1892, 377.

Words " mayor and aldermen " defined. St. 1882, 164.

Provision made for acting mayor in case of death, absence, etc., of
mayor. St. 1896, 380. (See 1882, 182.)

Deposits of city moneys regulated. 1893, 266.

City officers shall demand and receive fi'om their predecessors, under
oath, their official records, papers, etc. St. 1891, 340.

City clerks shall notify secretary of the Commonwealth of vote on acts
to take effect on acceptance. St. 1883, 100.

And of changes in wards and polling places. St. 1893, 417 § 105.
(See 1884, 279 § 4 ; 1886, 78; 1888, 437; 1890, 423 § 71 ; 1896, 244.)

And send him attested copies of records of votes for State officers. St.
1893, 417 § 179. (See 1890, 175, 423 § 155.)

They must return to clerks of courts names of constables elected or ap-
pointed. St. 1889, 384.

And must notify prison commissioners of appointment of certain police
officers and constables. St. 1892, 290.

Cities may lay out lands for public parks. St. 1882, 154; 1890, 240;
1893, 300. (See 1893, 75, 416; 1896, 199.) And for preservation of
forests or preservation of water supply. St. 1882, 255. May designate
and preserve shade trees. St. 1890, 196. May establish and maintain
public plaj^-grounds. St. 1893, 225. And lease open spaces for play-
grounds. St. 1893, 331. (See 1885, 157; 1893, 300 § 6.)

May lease public buildings, except school-houses, to grand army or
veteran firemen's associations. St. 1885, 60; 1891, 218.

May appropriate money for enforcement of civil service laws. St. 1887,
345. And for certain anniversary celebrations. St. 1892, 166. And for
repairing or decorating graves or memorials of firemen killed in perform-
ance of duty. St. 1896, 455.

May indemnify police officers for injuries or expenses incurred while act-
ing as such. St. 1888, 379. And persons required to assist them. St.
1893, 186.

May pay interest on public gifts in certain cases. St. 1895, 217.

May, by ordinance, require all fees, charges and commissions allowed to
officials to be paid into the treasury. St. 1888, 308. Regulate sale of
prepared wood, slabs and edging. St. 1891, 136. And width of tires on
vehicles owned in the city. St. 1895, 296. Provide for inspection of ice
sold within the city. St. 1895, 338. For making all drains and sewers
main drains and common sewers. St. 1895, 227. (See 1896, 251.)

May contract for disposal of garbage, refuse, etc, St. 1889, 377.

758 Changes in the [chap. 29.

May adopt the act requiring appropriations for exterminating insect
pests. St. 1893, 78.

May furnisii military or State aid to soldiers and sailors. St. 1889, 279,
301. May contract with hospitals for temporary care of the sick. St. 1890,
119. (See 1891, 90.) Shall support certain soldiers and sailors and their
families. St. 1890, 447; 1893, 237, 279. (See 1888,438; 1889, 298.)
Shall provide for treatment of indigent persons suffering from contagious
or infectious venereal diseases. St. 1895, 400. (See 1894, 511.)

May expend money for watering streets and assess the whole or part of
the expense on abutters. St. 1891, 179. (See 1890, 365.)

May take land for purification and disposal of sewage. St. 1890, 124.

May manufacture and distribute gas and electricity on certain conditions.
St. 1891, 370; 1892, 259; 1893, 454; 1894, 182, 432, 448, 533.

Cities having a water supply may contribute with other cities and towns
to construct a sewerage system to protect purity of supply. St. 1888,
160.

Tenure of police officers established in certain cities. St. 1890, 319.

Members of the police may be pensioned in cities containing not less
than seventy-five thousand inhabitants. St. 1892, 378. (See f892, 353;
1893, 51.)

Provision for street railway police. St. 1895, 318. And a reserve police
in certain cities. St. 1896, 314.

Police matrons and houses for detention of woiiien are required in cer-
tain cities. St. 1887, 234; 1888, 181.

Board of police for city of Boston to be appointed by the governor. St.
1885, 323; 1889, 419; 1894, 266. (See 1896, 338.) ^

Sect. 6. Any item in an ordinance or vote involving an appropriation
of money, or raising a tax, may be separately vetoed. St. 1885, 312 § 3.

Sect. 7. Mayor may not vote in board of aldermen or joint convention.
St. 1882, 180.

Sect. 11. Police officers may be assigned to agricultural or horticultural
exhibitions. St. 1892, 180.

Sects. 14-16. New division of wards in cities provided for. St. 1893,
417 § 96. (See 1884, 125, 181 § 9, 299 § 3; 1885, 156; 1886, 78, 283;
1888, 437.) Voting precincts. See St. 1893, 417 §§ 97, 98 ; 1896, 244.

Sect. 19. See St 1885, 159 § 3.

Sect. 23. No member of a city council is eligible by the city council
or either branch thereof to any office the salary of which is paid from the
city treasury. St. 1886, 117.

Sect. 25. Selectmen in towns may make these rules, etc. St. 1885, 197.
(See 1894, 479 ; 1895, 296.) And to regulate and control street musicians
and coasting. St. 1892, 390.

Chapter 29. — Of Municipal Indebtedness.

" Net indebtedness " is defined. St, 1883, 127.

Sect. 4. The limit of the city debts is reduced. St. 1885, 312. (See
1885, 178; 1892, 178; 1893, 23; 225 § 3, 247.)

Exception made in certain cases. St. 1886, 178, 254, 304; 1887, 312;
1888, 73, 144, 185, 229, 392; 1889, 68, 157, 172, 176, 283 § 4; 1890, 65,

Chap. 30,] PUBLIC STATUTES. 759

120, 121, 135, 142, 203, 258, 271, 355, 357 § 10, 424, 444; 1891, 27, 150,
212, 230, 301, 316, 323, 324 ; 1892, 42, 45, 150, 153, 155, 247, 367 ; 1893,
37, 52, 101, 110, 128, 141, 167, 233, 245, 250, 269, 341, 449, 489 § 20;

1894, 85, 89, 92, 99, 177, 201, 208, 210, 212, 234, 244, 286, 293, 310, 323,
339, 340, 344, 346, 396, 403, 405; 1895, 36, 47, 74, 85, 98, 99, 130, 150,
151 § 5, 221, 241, 274, 325, 331, 333, 346, 357, 386, 395, 417, 433, 455 ;
1896, 103, 134, 142, 168, 181, 197, 200, 201, 207, 227, 233, 245, 271, 325,
392, 395, 419, 478, 479.

Damages for alteration of grade crossings are excepted. St. 1892,
178.

Sect. 6. Temporary loans in anticipation of taxes are limited. St.
1885, 312 § 4; 1889, 372.

They must be payable within one year. St. 1891, 221. They shall not
be considered in determining the limit of indebtedness. St. 1893, 23.

Skcts. 7, 8. Issuing bonds, notes or scrip for city or towu debts is au-
thorized. St. 1884, 129; 1892, 245 § 7; 1896, 269. (See 1889, 166;

1891, 321; 1896, 163.)

Sect. 8 amended. Word " tiiirty " substituted for "twenty" in fourth
line. St. 1892, 245 § 6. (See 1893, 225 § 3.)

Time for payment of "other debts" extended in certain cases. St.
1889, 166; 1891, 321 ; 1894, 421.

Sect. 9. Fixed annual appropriations may be made as a substitute for
a sinking fund. St. 1882, 133.

Sect. 11 is extended. St. 1894, 146. Provision for reissue of bonds
not due held in sinking funds for payment of bonds becoming due. St.

1895, 243.

Sinking funds for sewer debts regulated. St. 1892, 245 § 9.
Sect. 15. Management of surplus accumulations of State sinking funds
regulated. St. 1891, 259.

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

This chapter is repealed, and the law as to State and military aid revised
and extended. St. 1890, 447; 1893, 237; 1894, 279,301. (See 1884,
34; 1885, 173, 204,214; 1886, 39, 110; 1887, 122; 1888, 438; 1889,
279, 298, 301 ; 1892, 291. Res. 1892, 84.)

Cities and towns must furnish relief to certain soldiers and sailors
and their families. St. 1890, 447 ; 1893, 237. (See 1888, 438 ; 1889,
298.)

Provision is made for burial of deceased indigent soldiers, sailors and
marines, and their wives and widows. St. 1896, 279. (See 1889, 395 ;

1892, 184; 1894, 62.)

Grand army posts may distribute aid to soldiers, St. 1885, 189.

An agent for settlement of pension, bounty and back pay claims pro-
vided for. St. 1888, 396; 1891, 196.

Ajipointment of State trustees for the soldiers' home provided for. St.
1889, 282. (See 1890, 373.)

Sect. 1. Salary of third commissioner fixed. St. lcS94, 279 § 9. (See
1885, 214 ; 1889, 279 § 9 ; 1892, 291.)

760 Changes in the [Chaps. 31-35.

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

Deceuuial census provided for. St. 1894, 224. (See 1884, 181.)

Special enumeration provided for in certain cases. St. 1892, 280 ; 1894,
334 ; 1896, 440.

Certain useless papers may be burned, St. 1887, 43.

Sects. 1-12 are revised. St. 1894, 224. (See 1884, 181.)

Sects. 13-16. Additional statistics are required. St. 1886, 174; 1894,
332. (See 1884, 181 ; 1885, 1.56; 1888, 437 § 6 ; 1892, 280; 1896, 440.)

The report of the board may be in parts. St. 1890, 97. (See 1894, 393
§7.)

Publication of a bulletin authorized. St. 1895, 290.

A second clerk is provided for. St. 1884, 4.

Clerks' salaries fixed. St. 1888, 115. (See 1884, 4.)

Sect. 17 is amended. St. 1886, 101 § 4.

Chapter 32. — Of the Kegistry and Return of Births, Marriages and

Deaths.

Standard record inks are required. St. 1894, 378.

Sect. 1. Provision made for further particulars in records of deaths.
St. 1887, 202; 1890, 402. (See 1889, 208.)

Depositions may be filed to complete or covrect records and new copies
made. Penalty imposed for false return. St. 1892, 305 ; 1894, 402.

Returns of births and deaths of residents of other towns to be made to
and recorded in such towns. St. 1889, 208.

Sects. 1, 2. See St. 1894, 206, 401, 409.

Sect. 3 is revised and further statements required in certain oases. St.
1888, 63, 306 ; 1889, 224 ; 1893, 263.

Sect. 4. Returns of sextons and undertakers shall be preserved and
arranged for reference. St. 1887, 202.

Sects. 5, 6. Additional requirements for removal, transportation and
burial of bodies. St. 1883, 124 ; 1887, 335 ; 1888, 306 ; 1893, 263 § 2.

Sect. 7. Additional facts to be reported. St. 1883, 158. The words
" except Boston " are stricken out. St. 1889, 288.

Sect. 10 amended. St. 1894, 206. (See 1894, 401, 409.)

Sects. 11, 14-17. Special provisions for Boston. St. 1892, 314; 1894,
206.

Chapter 33. — Of Workhouses and Almshouses.

No person whose insanity has continued less than twelve months may be
detained in an almshouse without remedial treatment. St. 1890, 414 § 2.
(See 1886, 319, § 3.)

Chapter 35. — Of Fires, Fire Departments and Fire Districts.

Provision for allowance to families of firemen fatally injured at fires.
St. 1893, 401.

Oflice and duties of State fire marshal established. St. 1894, 444 ; 1895,
452; 1896,303. (See 1886, 354 ; 1887,231.)

Chaps. 36-38.] PuBLIC STATUTES. 761

Pensions provided for in Boston. St. 1892, 347. (See 1880, 107;
1888, 174 ; 1896, 256.) Persons five feet five inches in lieiglit may be ap-
pointed to Boston fire department. St. 1896, 424.

Assistance for the Massachusetts State firemen's association provided
for. St. 1890, 450; 1891, 274; 1892, 177; 1894, 375. (See 1893, 401.)

Sect. 1. Forest fire-wards are provided for. St. 1886, 296 §§ 2, 3.

Sects. 10, 11 were repealed by St. 1888, 199, which was repealed by
St. 1889, 451 § 8. (See 1886, 296 § 4 ; 1887, 214 § 16 ; 1891, 229 )

Sect. 28. Additional apparatus required. St. 1888, 310.

Boai'd of fire engineers, or chief of fire department, shall investigate
origin, etc., of fires. St. 1889, 451 ; 1891, 229.

Sect. 29. Selectmen may remove engineers after notice and hearing.
St. 1886, 113.

Sect. 35. Penalties prescribed for violations of rules. St. 1888, 220.

Sect. 40. Fire districts may incur debts for temporary loans in antici-
pation of taxes. St. 1896, 280.

Sect. 51. Hydrant and water service added. St. 1895, 295.

Chapter 36. — Of Fences and Pence Viewers, Pounds and Field

Drivers.

Sects. 1-19. Fences and like structures over six feet in height, mali-
ciously erected, etc., are declared nuisances. St. 1887, 348.
Barbed wire fences are restricted. St. 1884, 272.

Chapter 37. — Of the Public Records.

A commissioner of public records is established, his duties prescribed
and salary fixed. St. 1892, 333.

An act to prevent the destruction of public records. St. 1894, 356.

Provision for arranging and recording certain worn or indistinct records,
etc. St. 1891, 225; 1892, 253.

Standard record inks are required. St. 1894, 378.

Sect. 1 is revised and quality of paper regulated. St. 1891, 281.

Sect. 3. Provision for additional accommodations. St. 1886, 207.

Sect. 5. Records of death may also be copied. St. 1887, 202.

Sects. 5-7. Indexes of records are to be kept. St. 1885, 190.

Sects. 14, 15. In Boston, city registrar shall perform duties of city or
town clerk under these sections. St. 1892, 314 § 3.

Sect. 15. City or town clerk shall demand the records if not delivered.
St. 1890, 227.

Sect. 16. Removal or mutilation of records of the Commonwealth is
forbidden. St. 1890, 392.

The public records, books, papers and property of a city or town officer
are to be demanded by, and delivered under oath to, his successor. St.
1891, 340.

Chapter 38. — Of Parishes and Religious Societies.

Provision is made for the incorporation and government of, and con-
veyance of property to, churches. St. 1887, 404; 1888, 326 ; 1891, 265;
1895, 105. (See 1884, 78; 1894, 126.)

762 Changes in the [Chaps. 39-43.

Incorporated religious societies may make by-laws. St. 1888, 326.

Sect. 8. Term of office of committee or assessors regulated. St. 1894,
126.

Sects. 18, 19. Keligious societies shall not assess taxes except upon
their pews. St. 1887, 419.

Sect. 21 is repealed. St. 1887, 419.

Sect. 43 is extended. St. 1886, 239.

Chapter 39. — Of Donations, and Conveyances for Pious and Char-
itable Uses.

Sect. 1. Churches may appoint trustees, who shall be a body corjxjrate
for the purposes of this sectiou. St. 1884, 78. (See 1887, 404 ; 1891, 265.)

Real estate held by deacons may be conveyed to the church, if incorpo-
rated. St. 1887, 404 § 7.

Chapter 40. — Of Library Associations.

Sect. 6. Allowance made to county law libraries. St. 1882, 246.

Sect. 9 et seq. The election, powers and duties of trustees of free pub-
lic libraries and reading rooms are regulated. St. 1888, 304; 1889, 112.

A board of library commissioners is provided for. St. 1890, 347. They
are authorized to aid free libraries in certain towns. St. 1892, 255.

Chapter 41. — Of the Board of Education.

Sect. 8. Salary of the secretary of the board fixed. St. 1894, 176.
(See 1885, 227.) Clerical and messenger service provided foi-. St. 1895,
132.

No agent of the board shall be pecuniarily interested in publication or
sale of school-books or supplies. St. 1896, 429.

Sects. 8, 11. See St. 1893, 86 § 2.

Sect. 12. The board has the management of the State normal school
boarding-houses. St. 1891, 384. (See 1894, 457 ; 1895, 258 ; 1896, 133.)
And the supervision of the pupils in the Perkins institution and Massachu-
setts school for the blind. St. 1885, 118. It may establish an educational
museum. St. 1894, 230. Shall provide for examination and certification
of teachers. St. 1894, 329.

Sects. 16, 17. The provisions for the instruction of deaf-mutes and
deaf children are revised and extended. St. 1888, 239 ; 1889, 226. (See
1886, 241 ; 1887, 179.)

Chapter 42. — Of Teachers' Institutes and Associations.

Sect. 1. Twenty-five teachers in three contiguous towns mav form an
institute. St. 1896, 186.

Chapter 43. — Of the School Funds.

Sects. 1, 2. Certain payments into the fund are provided for. St.
1890, 335. Res. 1894, 90. '

Sect. 3 is repealed. St. 1884, 22. The distribution of the income is
revised. St. 1891, 177; 1893, 272. (See 1885, 227.)

Chap. 44.] PuBLIO STATUTES. 763

Chapter 44. —Of the Public Schools.

No foreign flag or emblem may be displayed on a public school-house.
St. 1895, 115. (See 1895, 181.)

Provision is made for a State nautical training school. St. 1891,
402 ; 1893, 124. And for textile schools in certain cities. St. 1895,
475.

Free scholarships in the Massachusetts institute of technology are pro-
vided for. Res. 1887, 103; Res. 1895, 70. St. 1896, 310. And in
Worcester polytechnic institute. St. 1896, 407.

School committees of cities and towns maintaining free evening schools
may provide free evening lectures. St. 1893, 208.

They shall furnish public schools with a national flag. St. 1895, 181.
(See 1895, 115.)

Pretending in waiting to hold a degree of a college or school, granting
degrees without authority, and false assertions in writing of the approval
by a college or professional school of a person, process or goods, are made
criminal offences. St. 1893, 355.

Sect. 1. The use of tools and cooking may be taught. St. 1894, 320.
(See 1884, 69.) Physiology and hygiene must be taught. St. 1885, 332.
And manual training in certain cities. St. 1894, 471. Vivisection is for-
bidden and dissection restricted in public schools. St. 1894, 151.

Sects. 1, 2. Evening schools and evening high schools are required in
certain places. St. 1883, 174 ; 1886, 236. Notice of their opening must
be given. St. 1887, 433 § 4. (See 1893, 208.)

A town not required to maintain a high school shall pay for the tuition
and transportation of its children attending a high school in another town
or city. St. 1894, 436. (See 1891, 263; 1895, 212; 1896, 382.) And
may pay for such tuition at an academy of equal grade in the same town.
St. 1895, 94.

Small towns may be assisted from income of school fund to pa}' salaries
of teachers of exceptional ability. St. 1896, 408.

Schools shall be kept for at least eight months a j^ear in towns of 4,000
or more inhabitants. St. 1894, 231.

The last session prior to Memorial day shall be devoted to exercises of a
patriotic nature. St. 1890, 111.

Sect, 26. Number of committee may be changed at a special meeting
in towns in which ballots for town officers are furnished by the town. St.
1896, 319.

Sect. 28. Diploma of a State normal school may be accepted in lieu of
a personal examination of a teacher. St. 1891, 159.

Additional normal schools and niodel and practice schools in connection
therewith are provided for. St. 1894, 457 ; 1895, 258. (See 1-896, 33.)
Provision for examination and certification of teachers by the board of
education. St. 1894, 329.

Teachers, after a year's service, may be appointed to serve during the
pleasure of the committee. St. 1886, 313.

Sects. 35-40 are repealed. Text-books, supplies, etc., are furnished
free. St. 1884, 103; 1885, 161. (See 1884, 69; 1885, 67.)

764 Changes m the [Chaps. 45-48.

Sects. 41-46. The district system is abolished. St. 1882, 219. (See
1884, 122.)

Sects. 44, 45. Provision to aid small towns to unite to employ a super-
intendent. St. 1888,431; 1893,200; 1894,58. (See 1890, 379 ; 1891,
272; 1892, 301, 344, 360; 1896, 408.)

Chapter 45.— Of School Districts.

The school district system is abolished. St. 1882, 219. But the right
to sue or defend for districts is reserved. St. 1884, 122.

Chapter 46. — Of School Registers and Returns.

Sect. 3. See St. 1888, 348 § 7.

Sect. 5. Item for transportation of children to be included. St.
1896, 179.

Sect. 15. The time for which payment is to cease is limited. St.
1891, 99.

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

This chapter is repealed, and the laws relating to school attendance and
truancy are revised. St. 1894, 498. (See 1883, 174 § 3, 245; 1885, 71,
198; 1887, 433; 1888, 348; 1889, 135, 249, 422, 464; 1890, 48, 299,
309, 384; 1891, 317, 361, 426; 1892, 62; 1893, 253; 1894, 188; 1896,
360 )

Sect. 9. Additional provisions to prevent introduction of contagious
diseases into schools. St. 1884, 98 ; 1890, 102. (See 1884, 64.)

Exemption from vaccination allowed in certain cases. St. 1894, 515 § 2.

Chapter 48. — Of the Employment of Children and Regulations

respecting Them.

The laws relating to the employment of children are revised. St. 1894,
508; 1896,288. (See 1882, 150 ; 1883,157,224; 1884,275; 1885,222,
305; 1885, 87; 1887, 103, 121, 173, 215, 218, 280, 330, 399, 422, 433;
1888, 149, 305, 348; 1889, 135, 229, 291 ; 1890, 48, 90, 183, 299 ; 1891,
239, 317, 350; 1892, 83, 210, 296, 330, 352, 357, 410; 1894, 498.)

Children under ten shall not be permitted to enter street cars to sell
newspapers, etc. St. 1889, 229.

Sects. 8, 9 are repealed. St. 1894, 508 § 80. (See 1885, 305.)

Admission of children under thirteen to certain shows and places of
amusement is restricted. St. 1887, 446.

Illegal peddling and bego:ing by children are prohibited. St. 1887, 422.
(See 1885, 305 ; 1892, 33L )

Sects. 11-21 are repealed and the truant laws revised. St. 1894, 498.
(See 1890, 309 ; 1891, 426 ; 1892, 62 ; 1896, 360.)

Sects. 18-27. Further provisions made for care, education and protec-
tion of neglected, destitute and abandoned children. St. 1882, 181, 270 ;
1883, 232; 1885, 176; 1886, 330; 1887, 401 ; 1888, 248, 1889, 230, 309;
1891, 194; 1892, 318; 1893. 197, 217, 252, 262; 1896, 288, 382.
(See 1884, 210 ; 1886, 101 ; 1887, 441 ; 1889, 416 ; 1894, 508.)

Chap. 49.] PcjBLIC STATUTES. 765

Sect. 19 is amended. St. 1883, 245.

Sect. 22 et seq. Provisions regulating infant boarding-houses and adoj)-
tions. St. 1889,309,416; 1891, 194; 1892, 318. (See 1882, 270 § 3 ;
1889, 416.)

Chapter 49. —Of the Laying Out and Discontinuance of Ways, and
of Damages Occasioned by the Taking of Land for Public Use.

A commission for improvement of public roads and construction of State
highways is provided for. St. 1893, 476 ; 1894, 497 ; 1896, 345, 481, 541.
(See 1892, 338.) They may furnish steam rollers to towns for construc-
tion of roads on certain conditions. St. 1896, 513. (See 1895, 347, 486.)

A metropolitan park commission is established. St. 1893, 407 ; 1895,
450. They are authorized to lay out roadways and boulevards con-
nected with parks. St. 1894, 288. (See 1896, 472.) And to join with
a city or town to lay out, widen, etc., streets in certain cases. St. 1896,
465. (See 1894, 393, 483, 509 ; 1895, 272, 283 ; 1896, 199, 466, 550.

Park commissioners are given certain powers in regard to highways, con-
nected with public parks. St. 1893, 300 ; 1896, 313.

Sects. 1, 10, 13. Towns may alter, etc , but not discontinue, county
highways or bridges within their limits. St. 1891, 170.

Land may be taken for public parks. St. 1882, 154 ; 1890, 240. (See
1893, 225, 300, 331 ; 1896, 199.)

For the cultivation or preservation of trees. St. 1882, 255. (See 1896,
190.)

And for the purification and disposal of sewage. St. 1890, 124.

Sewer and water pipes may be laid in ways befoi'e taking possession for
construction. St. 1893, 65.

Spaces may be resei-ved in ways for certain special uses. St. 1894, 324.

Sects. 6, 14 et seq. County commissioners may lay out, etc., highways
under the betterment law, where accepted. St. 1887, 124. (See 1884, 226.)

They may determine locations of public landing places. St. 1882, 109.

Sect. 18. New pro\asion made in regard to payment of damages. St.
1883, 253.

Sects. 33, 79, 86, 91 revised and extended. Time for application for a
jury moi'e particularly defined. St. 1892, 415.

Sect. 47. OtHcers'^er diem for attendance fixed. St. 1882, 96.

Sects. 84-86 are revised and methods of locating, laying out and con-
structing ways in Boston regulated. St. 1888, 397 ; 1891, 323 ; 1892, 401,
415 §3,^418; 1895, 494; 1896,237. (See 1893, 339, 478; 1894, 439;
1895, 334, 449 § 23 ; 1896, 204, 209, 492.)

Sect. 88. Provision for extending limit of time by agreement. St.
1893, 82.

Sect. 91. Application for jury may be brought within the time speci-
fied in section 33, notwithstanding the charter. St. 1892, 415 § 4.

Sect. 105. Petition for damages for land taken by a town in Dukes or
Nantucket may be brought in Bristol county. St. 1887, 50. (See 1885,
384 § 1.)

Sect. 107. Auditors may be appointed in the discretion of the court.
St. 1894, 175.

766 Changes in the [Chai-s. 50, 51.

Chapter 50. — Of Sewers, Drains and Sidewalks.

A metropolitan system of sewerage is provided for. St. 1889, 439 ;
1895,406. (See 1890, 94, 270; 1891,192; 1892,68,251; 1894,307;

1895, 294.)

Sect. 1. Cities and towns may take laud for the pnrification and dis-
posal of sewage. St. 1890, 124. (See 1888, 160.)

Sects. 1, 3-8. Construction of, and assessments for, sewers regulated.
St. 1891, 97; 1892, 245; 1893, 65, 380; 1895, 117, 127, 227; 1896, 236,
251. In Boston. St. 1892, 402; 1894, 227, 256; 1895, 297, 494; 1896,
237, 359. (See 1886, 210 ; 1889, 456 ; 1890, 346 ; 1893, 304, 417 § 266 ;

1896, 238, 243.)

Provision made for enforcing connection with public sewers. St. 1889,
108; 1890, 132. (See 1892, 245 § 4.) And repair of private drains in
streets. St. 1893, 312. Cities and towns may provide for making all
drains and sewers main drains and common sewers. St. 1895, 227.

Sects. 5, 7. Land sold may be redeemed as if sold for taxes. St.

1883, 145. The lien shall continue two years. St. 1886, 210; 1896, 236.
(See 1884, 237 ; 1891, 97 ; 1892, 245 § 1.) Real estate assessed, defined.
St. 1894, 528.

Sect. 20. Construction of and assessments for sidewalks in cities regu-
lated. St. 1895, 444; 1896,251. (See 1891, 323 ; 1892,401,418; 1893,
437; 1894, 82; 1895, 297, 494; 1896, 158, 345.)

Sect. 21. Barbed wire fences are restricted. St. 1884, 272.

Sect. 25. In cities which accept the act assessments may be appor-
tioned into not more than ten annual instalments. St. 1891, 97; 1893,
380. (See St. 1892, 245 § 8; 1896, 158.)

Chapter 51. — Of Betterments and other Assessments on Account of
the Cost of Public Improvements.

This chapter applies to altei*ations of ways at railroad crossings. St.

1884, 280. And to laying out public parks. St. 1882, 154 § 7. (See
1893, 300 § 2.)

The authorities may agree to assume betterments if land owners will
release damages. St. 1884, 226.

Sects. 1-8. Extended to ways laid out by Metropolitan Park Commis-
sion. St. 1894, 288 § 2.

Sects. 1-9. Extended to alterations, etc., of highways by towns. St.
1891, 170 § 3.

Provision for appointment of assessments. St. 1896, 158.

Assessments bear interest after thirty days and the lien continues for one
year after determination of any suit to test their validity. St. 1884, 237.
(See 1886, 210.)

Sect. 11. Notice of assessment of betterment must be given within
three months to party to be charged. St. 1885, 299.

County commissioners may lay out, etc., highways under the betterment
act, where accepted. St. 1887, 124. (See 1884, 226.)

Ghaps. 52-54.] Public Statutes. 767

Chapter 52. — Of the Repair of "Ways and Bridges.

Sect. 1 extended. St. 189(3, 345 § 2. (See 1893, 47G ; 1894, 497 §§ (5, 7.)

Sect. 10, as to trimming, etc., of trees, is revised. St. 1885, 123 § 2.
(See 1890, 196; 1891, 49; 1892, 147; 1893, 78, 403; 1896, 190.)

Sects. 17, 18. Cities and towns not liable for injuries resulting from
snow or ice on a highway. St. 1896, 540. (See 1893, 476 § 13 i 1894,
497 §§ 6, 7.)

Sect. 19. Notice shall not be invalid for unintentional inaccuracy if
party entitled to notice was not misled. St. 1882, 36; 1888, 114. Pro-
vision for correcting defects in notice. St. 1894, 389. (See 1894, 422.)

Words "in the superior court" stricken out. St. 1888, 114. (See
1882, 86.)

Chapter 53. — Of the Regulations and By-laws respecting "Ways and

Bridges.

The use of bicycles, etc., is regulated. St. 1894, 479.

Canals and waterways adjudged to be dangerous to public travel must
be fenced. St. 1887, 393.

Sect. 1 revised. Guide posts shall be erected at forks and intersections
of ways leading to other towns. St. 1887, 162.

Sects. 11-14. The leading or driving of a bear or other dangerous wild
animal upon the highway is forbidden. St. 1894, 105.

Sect. 13 et seq. Certain rights of way in the streets, etc., are given to
the police in Boston. St. 1889, 57. (See 1893, 367 § 120.)

Cities and towns may regulate width of tires on vehicles owned therein.
St. 1895, 296.

Selectmen in towns may regulate vehicles in streets. St. 1885, 197.
And street musicians and coasting. St. 1892, 390. (See 1894, 479.)

Sect. 16 amended. St. 1892, 390.

Sect. 18. County commissioners may regulate the speed at which persons
may ride or drive over certain bridges. St. 1888, 313. (See 1882, 108.)

Sect. 28 et seq. See St. 1889, 246; 1890, 118.

Chapter 54. — Of the Boundaries of Highways and other Public Places
and Encroachments thereon.

Provision for establishment of a building line on public ways. St. 1893,
462; 1896, 313.

An act to protect trees from disfigurement. St. 1893, 403.

Erection and maintenance of posts, wires and structures in highways
regulated. St. 1884, 302, 306; 1889, 398, 434. (See 1883, 221.) And
advertising signs on posts in Boston. St. 1895, 352.

Barbed wire fences are restricted. St. 1884, 272.

Sects. 6-11. Further provisions for planting, cutting, trimmins: and
preservation of shade trees. St. 1885, 123; 1890, 196; 1891, 49 ;"l892,
147; 1896, 190. (See Res. 1886, 32. St. 1893, 78, 403.)

Sects. 9 and 12 are repealed. St. 1885, 123 § 3.

Sect. 16. Certain exceptions made. St. 1889, 129; 1893,75.

768 Changes in the [Chaps. 56-58.

Chapter 56. — Of the Inspection and Sale of Butter, Cheese, Lard,
Pish, Hops, Leather, and Pot and Pearl Ashes.

A uaiform standard is established for certain weights and measures. St.
1894, 198.

Provision made for a State dairy bureau and protection of dairy products.
St. 1891, 412; 1892, 139. (See 1894, 280; 1895, 214.)

Sects. 3-21. Sale of imitations of butter regulated. St. 1886,317;
1891, 58, 412 ; 1894, 280 ; 1896, 377. (See 1882, 263 ; 1884, 310 ; 1885,
352.)

Sale of adulterated lard regulated. St. 1887, 449.

Sect. 20. Powers and duties of inspectors increased. St. 1884, 310
§ 2; 1885, 352 § 5; 1891, 58 § 2. (See 1882, 263.)

Sect. 22 at seq. Public weighers of salt-water fish provided for. St.
1888, 163.

Chapter 57. — Of the Inspection and Sale of Milk.

Municipal, district and police courts and trial justices are given juris-
diction under this chapter. St. 1885, 149. (See 1893, 396 § 40.)

Provision is made for a State dairy bureau and protection of dairy prod-
ucts. St. 1891, 412 ; 1892, 139.

This chapter is not repealed or amended by St. 1882, 263. St. 1884,
289 § 4.

Sect. 2 is revised and powers and duties of inspectors modified. St.

1884, 289, 310 §§ 3, 4; 1885, 352 §§ 4, 5 ; 1886, 318; 1891, 58 § 3 ;
412 § 10. (See 1895, 449 § 19; 1896, 250.)

Sects. 5, 7, 9 are revised. Additional provisions against adulteration
of milk. St. 1884, 289, 310; 1885, 352; 1886, 318; 1891, 412; 1896,
398. (See 1882, 263; 1889, 326.) The sale of condensed milk is regu-
lated. St. 1896, 264.

An act to protect owners of cans used in sale of milk, cream, etc. St.
1893, 440.

Sect. 8. It is made an offence to obstruct an inspector. St. 1884, 310
§ 5. And to counterfeit his seal or tamper with samples. St. 1886, 318
§ 4 ; 1896, 398 § 3. And to wilfully deface and misuse milk cans. St.

1885, 133.

Sect. 12 is repealed. St. 1885, 145.

Chapter 58. — Of the Inspection and Sale of Provisions and Animals
intended for Slaughter.

This chapter is repealed and the laws relating to contagious diseases
among domestic animals are revised and codified. St. 1894, 491 ; 1895,
476, 496; 1896, 276. (See 1884, 232; 1885, 148, 378; 1887, 250, 252;
1892, 195, 432; 1893, 306; 1895, 449 § 19; 1896, 250.)

Further provisions to prevent adulteration of food and drugs. St. 1882,
263; 1884, 289; 1886, 171. (See 1883, 263; 1896, 397.)

The sale of dressed poultry is regulated. St. 1887, 94. (See 1883,
230.)

Chaps. 59-61.] PUBLIC STATUTES. 760

Chapter 59. — Of the Inspection and Sale of Certain Oils.

Sects. 6, 7. Provision is made to regulate preparation, storage, inspec-
tion and sale of certain unsafe oils, and kerosene and petroleum products,
and the erection of buildings therefor. St. 1885, 98, 122; 1894,399.
(See 1882, 250; 1892, 419 § 111 ; 1896, 520.)

Chapter 60. — Of the Inspection and Sale of Various Articles.

A uniform standard is established for certain weights and measures.
St. 1894, 198; 1895, 28.

An act to regulate bakeries. St. 1896, 418.

Provision for inspection of ice sold in cities. St. 1895, 338.

Dealers in ice must provide each wagon with scales and weigh ice when
requested. St. 1890, 276.

Sects. 11-16 are repealed and new provisions made. St. 1896, 297.
(See 1888, 296.)

Sect. 17 is repealed. St. 1883, 29.

Sect. 20. A standard measure for cranberries is established. St. 1884,
161. (See 1883, 225; 1890, 426.)

Sects. 21, 22 are revised and other articles added. St. 1888, 414 ; 1894,
198 § 6. (See 1890, 465.)

Sects. 54, 55 are repealed. St. 1894, 111.

Sects. 56, 57 are revised and sections 58-60 repealed. Wire nails are
included. Penalties and forfeitures regulated. St. 1892, 63.

Sects. 61, 67. See St. 1894, 198.

Sects. 69-71. Provisions against adulteration of vinegar and for com-
pensation of inspectors. St. 1883, 257; 1884, 163, 307; 1885, 150.

Sects. 72-78. Cities may regulate sale by the load of prepared wood,
slabs and edgings. St. 1891, 136. Measurers may be licensed by an
adjoining town. St. 1894, 83 § 2.

Sects. 79-82. Sale of coal by measure regulated, and standard ton
established. St. 1894, 429. (See 1883, 218, 225; 1884, 70.)

Chapter 61. — Of the Inspection of Gas and Gas Meters.

A board of gas and electric light commissioners is established and their
powers and duties prescribed. St. 1885, 314 ; 1886, 346 ; 1887, 382, 385 ;
1888, 350; 1889, 373; 1891, 370; 1892, 259, 263; 1894, 327, 503; 1895,
463; 1896, 356, 426, 473. (See 1888, 428; 1891, 351.)

Clerk's salary fixed. St. 1891, 351 ; 1894, 503.

The manufacture, sale and inspection of gas and electric light regulated.
St. 1885, 240, 314 ; 1886, 346 ; 1887, 382, 385 ; 1888, 350, 428^; 1889,
169; 1890, 252; 1891, 370; 1892, 67, 259, 263, 274; 1893, 454; 1894,
299, 316, 327; 1895, 228, 330, 350, 420; 1896, 356, 480. (See 1886,
250; 1887, 391 § 2; 1890, 404; 1896, 426.)

Report of accidents required. St. 1896, 338.

Sect. 1 amended. Tenure of office regulated. St. 1889, 169.

Sects. 13, 14 do not apply to gas for heating, cooking, chemical and
mechanical purposes. St. 1885, 240.

770 Changes in the [Chaps. 63-68.

Sect. 14 amended. St. 1892, 67. (See 1886, 250; 1890, 252.)

Sect. 16. Refusal to furnish gas to occupant of a building, because of

non-payment of gas-bill by a previous occupant, is unlawful. St. 1894,

299.

Sects. 16-18 extended to electric lighting. St. 1894, 316 ; 1895, 330.

Chapter 63. — Of the Survey and Sale of Lumber, Ornamental 'Wood

and Ship Timber.

Sects. 1-5, 16, 19 are revised. St. 1890, 159.

Sects. 6, 7. Surveyors may be licensed to survey lumber in an adjoin-
ing town. St. 1894, 83.

Chapter 65. — Of Weights and Measures.

A uniform standard of certain weights and measures is established. St.
1894, 198; 1895, 28.

The weights, measures and balances to be kept by counties, cities and
towns are defined and inspection provided for. St. 1890, 426.

The sale of coal by measure regulated and standard ton fixed. St. 1894,
429. (See 1883, 218; 1884, 70.)

Sect. 8. Sealers are to be appointed in cities by mayor and aldermen.
St. 1882, 42.

Sect. 21. Unlawful measures may be seized. Their possession implies
unlawful intent. St. 1883, 225.

Sects. 27, 29. See St. 1894, 198 ; 1895, 28.

Chapter 67. — Of Auctioneers.

Sects. 1, 5 are revised. St. 1886, 289.

Certain veteran soldiers and sailors are exempted from payment of
license fee. St. 1895, 456.

Sect. 6 amended and auction sales further regulated. St. 1890, 449 ;
1891, 144. (See 1886, 289.)

Chapter 68. — Of Hawkers and Peddlers.

Sect. 1. Itinerant vendoi's must be licensed. Sales by them regulated.
St. 1890, 448; 1894, 525. (See 1883, 168; 1885, 309; 1887, 422, 445;
1890, 449; 1891, 144.)

Provision to prevent illegal peddling by minors. St. 1887, 422 ; 1892,
331. (See 1885, 305.) And peddling near licensed picnic groves. St.
1887, 445. (See 1885, 309.)

Sects. 1, 2. Cities may regulate sale by hawkers and peddlers of any
articles mentioned in section one. St. 1883, 168.

Sect. 2. New provisions made for licensing minors and regulating
sales by them. St. 1892, 331. (See 1887, 422.)

Sects. 4, 9. Licenses may be granted to persons over seventy years
of age. St. 1883, 118. And to certain honorably discharged soldiers and
sailors. St. 1889, 457.

Sect. 17. See St. 1890, 449 § 2.

Chaps. 69-73.] PuBLIO STATUTES. 771

Chapter 69. — Of Shipping and Seamen, Harbors and Harbor Masters.

Copy of registers of foreign vessels must be tiled with commissioner of
corporations and the commissioner appointed agent to receive service of
legal process. St. 1889, 393. (See 1884, 330.)

Sects. 1-9. Provision made for transportation of shipwrecked seamen.
St. 1886, 179.

Sect. 5. Extended to Gloucester harbor. St. 1895, 106 § 1.

Sect. 8. Clause as to advance wages stricken out. St. 1889, 284.

Sect. 11. Harbor lines established: Boston; St. 1882, 48; 1891, 309 ;
1892, 358 § 2. Chelsea; 1887, 344. Gloucester; 1882, 103; 1883, 109;
1895, 106 § 2. (See 1885, 315.) Haverhill ; 1883, 104.

Sect. 23. Further provisions for protection of harbors, beaches and
shores. St. 1884, 269; 1892, 206. Boston; 1892, 358. Marblehead ;
St. 1892, 214.

Sect. 25. Provision for assistant harbor masters. St. 1882, 216. (See

1884, 173.)

Appointment of harbor masters in Boston regulated. St. 1889, 147.
Sects. 26, 29, 33. Powers of harbor masters extended. St. 1884, 173.
Regulations made for Gloucester harbor. 1885, 315.
Sect. 33 extended to sections 23-32. St. 1884, 173.

Chapter 70. —Of Pilots and Pilotage.

Additional pilots provided for. St. 1882, 174; 1887, 298.

Pilotage fees established : Cohasset ; St. 1887, 298. Salem and Beverly ;
1887,204. Wiuthrop ; 1892, 114. Wood's Holl ; 1889, 275. (See 1888,
288.)

Sect. 7. Boston harbor limits regulated. St. 1892, 358 § 2.

Sect. 12. The pilots shall be " for any or all of said ports." St. 1890, 300.

Sects. 26-32. Certain exemptions from fees are made. St. 1884, 213,
252.

Sect. 30. Limit extended. St. 1884, 252 §§ 2, 3.

Sect. 39. It is forbidden to assume or continue to act, without author-
ity, as a pilot. St. 1884, 252 § 6.

Chapter 72. — Of Public "Warehouses.

Sect. 2. Bond and sureties are to be approved by the governor. St.

1885, 167.

Sect. 5. Provision for non-negotiable receipts assignable only on the
books of the warehouseman. St. 1886, 258.

Sects. 8, 10 amended. St. 1895, 348.

Sect. 10. Goods may be sold to pay charges a year overdue. St. 1887,
277 ; 1895, 348 § 6. Sale of perishable and dangerous goods provided for.
St. 1895, 348.

Chapter 73.— Of Common Carriers and Express Companies.

An act to ])rotect the business of licensed carriers of goods for hire. St.
1895, 481.

772 Changes in the [Chap. 74.

Chapter 74. — Of the Employment of Labor.

A State board of arbitratiou and conciliation is establislied, St. 1886,
263; 1887, 269. Clerk provided for. St. 1888, 261. And expert assist-
ants. St. 1890, 385 ; 1892, 382.

A board is established to consider the subject of the unemployed. St.
1894, 238.

Employment in the civil service is reo;ulated. St. 1884, 320 ; 1887, 364 ;
1888, 41, 253, 334; 1889, 177, 183, 35l, 352; 1891, 140; 1893, 95, 253;

1894, 267, 519 ; 1895, 376, 501 ; 1896, 449, 494, 502, 517. (See 1895,
376.)

Preference is to be given to veteran soldiers and sailors in certain cases.
St. 1896, 517. (See 1884, 320 § 14; 1887, 437; 1889, 473; 1894, 519;

1895, 501.)

And to citizens of the United States in employment of mechanics and
laborers in public works. St. 1896, 494.

Provision for appointment of a registrar of labor. St. 1895, 376.

It is made an offence to compel any person, as a condition of employ-
ment, to agree not to join a labor organization. St. 1894, 508 § 3. (See

1892, 330 ; 1894, 437.)

Workmen employed by a contractor on public work for a city or town
may sue the city or town for their wages, on certain conditions. St. 1892, 270.

Provision to prevent persons not residents of the Commonwealth acting
as officers to protect property of employers of labor. St. 1892, 413.

Provision for authorizing bells, gongs and whistles for factories, etc.
St. 1883, 84.

Leave of absence to vote provided for. St. 1893, 417 § 7. (See 1887,
272 ; 1890, 423 §§ 143, 144.) Influencing or punishing vote of employees
is forbidden. St. 1893, 417 § 337 ; 1894, 209.

Sects. 1, 2, 3 are repealed and the laws relating to employment of labor
are revised and consolidated. St. 1894, 508, 534; 1895, 129, 144, 438;

1896, 241, 334, 449, 494. (See 1882, 150; 1884, 275; 1886, 87; 1887,
103, 121, 173, 215, 218, 269, 280, 330, 363, 399, 433; 1888, 149, 305,
348, 426 § 1 ; 1889, 135, 291; 1890, 48, 90, 183, 299, 375; 1891, 125,
239,317,350,357; 1892,83, 210, 296, 330, 352, 357, 410; 1893, 246,
386, 406; 1894, 209, 437; 1895, 471 ; 1896, 343, 444, 481, 502, 517.)

Specification of work is required in textile factories. St. 1894, 534;
1895, 144. (See 1887,361; 1891, 125; 1892, 410.) Use of traversing
machinery in cotton factories restricted. 1896, 343.

Sect. 3. Liability of employers for injuries to employees extended and
regulated. St. 1886, 260; 1887, 270; 1888,155; 1890,83; 1892,260;

1893, 111, 359; 1894, 499; 1895, 362 § 7. (See 1883, 243; 1886, 140,
173; 1890, 179; 1896, 343.)

Sect. 4. Hours of labor regulated in certain cases. St. 1894, 508
§§ 7-14. (See 1883, 157; 1884, 275; 1886, 90; 1887, 215, 280, 330;
1888, 348 §§ 1, 2; 1890, 183, 375; 1891, 350; 1892, 83, 352, 357; 1893,
386, 406.)

Sects. 4, 5. Form of complaint presci'ibed. St. 1894, 508 § 56. (See
1892, 210.)

Chaps. 75-79.] PUBLIO STATUTES. 773

Chapter 75. — Of Limited Partnerships.

Sect. 3. Name of a former firm may be used with consent of its mem-
bers. St. 1887, 248 § 1.

Sect. 5. Fee for filing fixed at one dollar. St. 189G, 523.

Sects. 7, 8, 12 amended. Interest and liability of special partners reg-
ulated. St. 1887, 248.

Chapter 76.— Of the Use of Trade-marks and Names.

An act to protect owners of cans, bottles, etc., used in sale of milk,
cream, soda water and other beverages. St. 1893, 440. And to protect
use of labels, trade-marks and forms of advertising. St. 1895, 4G2. (See
1890, 104; 1893, 443; 1894, 285.)

Sale of goods marked sterling, or coin silver, regulated. St. 1894, 292.

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

Checks.

Sect. 1. The par of exchange established by United States Rev. Sts.
§ 3565 is adopted. St. 1882, 110.

Sect. 3 is not repealed by St. 1888, 388.

Interest on and discharge of small loans regulated. St. 1888, 388;
1892, 428. (See 1890, 416.)

No written promise to pay money shall be held not to be a promissory
note or not negotiable because time of payment is uncertain, if it is pay-
able in any event. St. 1888, 329.

Sect. 8 et seq. When Christmas falls on a Sunday the next day is a
holiday. St. 1882, 49. Fast day abolished and April 19th made a holi-
day. St. 1894, 130; 1896, 162.

The first Monday of September is " labor's holiday." St. 1887, 263.

An act to abolish days of grace on commercial paper, except sight drafts.
St. 1896, 496. (See 1896, 228.)

Presentment of bills and notes on holidays regulated. St. 1894, 333.
(See 1894, 427; 1895, 415.)

Provision made for payment of checks, drafts, etc., presented after
death of drawer. St. 1885, 210.

Sect. 1 7 amended. Banking hours on Saturday regulated. St. 1895, 415.

Chapter 78. — Of the Prevention of Frauds and Perjuries.

No agreement to make a will, devise or legacy is binding unless in writ-
ing. St. 1888, 372.

Chapter 79. — Of the State Board of Health, Lunacy and Charity.

The board is divided into a board of health, and a board of lunacy and
charity. St. 1886, 101.

Salary of secretary fixed. St. 1889, 370.

The boai-d of health is given general supervision of inland waters and
sources of water supply. St. 1888, 375 ; 1890, 441 § 1. (See 1884, 154;
1886, 274; 1889, 439.) And the vaccine institutions. St. 1894, 355.

774 Changes in the [Chap. so.

It may forbid sale of impure ice. St. 1886, 287. (See 1895, 338.)

Appropriation for enforcing laws against adulterations increased. St.
18'J1, 319. (See 1882, 263 § 5 ; 1883, 263; 1884, 289 § 1.)

False representations to officers of the board, etc, made punishable.
St. 1891, 343.

It must report prosecutions and expenditures. St. 1884, 289 § 2.

The governor may appoint a special officer to assist in cases of deserted
and unprotected chiklren. St. 1895, 310. (See 1885, 158.)

Sect. 9. Classes of inmates who may be removed specified. St. 1887,
367. (See 1886, 219, 319; 1887,346.)

Sect. 13 amended. St. 1894, 196.

Chapter 80. — Of the Preservation of the Public Health.

A metropolitan system of sewerage is provided for. St. 1889, 439 ;
1895,406. (See 1891, 192; 1894,307; 1895,294.) And water supply.
St. 1895, 488; 1896, 436. And parks. St. 1893, 407; 1894, 288, 509;
1895, 305, 450. (See 1893, 475 ; 1894, 393, 483 ; 1895, 272, 283 ; 1896,
199, 465, 466, 550.) And improvement of Charles river. St. 1893, 475.

Provision made to prevent adulteration of food and drugs. St. 1882,
263; 1884, 280; 1886, 171, 287; 1891, 319. (See 1883, 263; 1891, 58,
374, 412; 1894, 280; 1896, 264, 377, 397.) And of spirituous liquors.
St. 1896, 272.

To regulate bakeries. St. 1896, 418.

To prevent sale of toys or confectionery containing arsenic. St. 1891,
374.

To prevent sale of impure ice. St. 1886, 287. (See 1895, 338.)

To prevent manufacture of clothing in unhealthy places. St. 1894, 508
§§ 44-48. (See 1891, 357; 1892, 296; 1893, 246.)

To prevent feeding of garbage, refuse or offal to milch cows. St. 1889,
326. Or to food animals. St. 1895, 385.

To authorize and regulate crematories. St. 1885, 265.

To abate nuisances by smoke in Boston. St. 1895, 389. (See 1893, 353.)

For suppression of contagious diseases among cattle. St. 1884, 232 ;
1887, 250, 252; 1894, 491 ; 1895, 476, 496; 1896, 276. (See 1885, 148,
378; 1892, 195, 432; 1893, 306.)

For registration and regulation of pharmacists. St. 1896, 397. (See
1885, 313 ; 1887, 267 ; 1893, 227, 472 ; 1894, 435.) And of dentists. St.
1887, 137. And plumbers. St. 1888, 105; 1893, 477; 1894, 455; 1895,
453. (See 1882, 252 § 2; 1892, 419 §§ 120, 138.) And of physicians
and surgeons. St. 1894, 458; 1895, 412; 1896, 230. And for licensing
and regulating stables in cities. St. 1891, 220 ; 1895, 213.

Supreme judicial court in equity may enforce provisions of this chapter
and acts in addition thereto. St. 1893, 460.

Sects. 1, 53, 93 amended. St. 1886, 101 § 4.

Sects. 2, 21, 28-35 amended ; section 3 repealed, and provision made for
election of boards of health in towns. St. 1894, 218, 473 ; 1895, 398, 506.
(See 1885, 307.)

Sect. 8 is revised. St. 1895, 332. (See 1894, 174.)

Sect. 10. Local boards may close places of burial. St. 1885, 278 § 1.

Chaps. 81, 82.] PuBLIO STATUTES. 775

Sect. 12. Provisions for regulation of house drainage and connection
with public sewers. St. 1889, 108 ; 1890, 74, 132.

Sects. 21-23. Privy vaults are restricted iu cities. St. 1890, 74.

Sect. 28. Expenditure under this section, without a previous appropri-
tion, is limited. St. 1887, 338 § 1.

Sects. 30-32. Right given of appeal and trial by jury, as in case of
land taken for highways. St. 1887, 338 §§ 2, 3.

Sects. 51-55 repealed. New provisions made in regard to vaccination.
St. 1894, 515.

Sect. 60. Further provisions regulating infant boarding-houses and
adoptions. St. 1889, 309 ; 1891, 194; 1892, 318. (See 1882, 270; 1885,
176; 1889, 416; 1893, 262.)

Sect. 69 amended. St. 1893, 79.

Sect. 70. Massachusetts homeopathic hospital aided, and appointment
of trustees provided for. St. 1890, 358.

Sects. 78, 79 are repealed and new provisions made as to notices and
reports of contagious diseases. St. 1883, 138; 1884, 98; 1890, 102;
1891, 188; 1893, 302. Provision for hospital accommodations in cities.
St. 1894, 511. And for treatment of indigent persons suffering from con-
tagious or infectious venereal diseases. St. 1895, 400. (See 1895, 483,
503.)

Sect. 83 amended. St. 1886, 101 § 4. (See 1883, 138 ; 1893, 302.)

Sects. 88-91 amended. Appeals and proceedings regulated. St. 1889,
193. (See 1883, 133.)

Sect. 92. Consent of common council required in cities. St. 1893, 106.

Sect. 96 amended. St. 1896, 252.

Sect. 96 et seq. Further provision made to protect the purity of inland
waters and sources of water supply. St. 1884, 154, 172 ; 1888, 160, 375 ;

1890, 441. (See 1886, 274; 1893, 407.)

A metropolitan sewerage system is established. St. 1889, 439.
Sects. 98-100 are repealed. St. 1884, 154.
Sects. 103-105 are repealed. St. 1891, 120.

Chapter 81. — Of the Promotion of Anatomical Science.
Sect. 1. Change made in persons by whom permits may be given. St.

1891, 185, 406.

Sect. 3 repealed. St. 1891, 185.

Sect. 4. Friends have three days to ask for burial. St. 1891, 185 § 2.

Chapter 82. — Of Cemeteries and Burials.

Provision made for commissioners of burial grounds in towns. St.
1890, 264.

Cremation of the dead authorized and regulated. St. 1885, 265.

Change of corporate name provided for. St. 1891, 360 ; 1892, 198, 201.

Sect. 3 is repealed and new provisions made defining rights of widows
and children in burial lots and tombs. St. 1885, 302 ; 1892, 165. (See
1883, 262.)

Sect. 6. Conveyances need be recorded only in the records of the cor-
poration. St. 1883, 142; 1889,299.

776 Changes in the [Chaps. 84, 85.

Records must be kept of all conveyances and contracts in relation to
lots. St. 1889, 299. (See 1883, 142; 1890, 264 § 3.)

Sect. 17. Towns and cities may receive funds for care, improvement
and maintenance of burial places and lots. St. 1884, 186 ; 1890, 264 § 4.

Sect. 19, Boards of health may close any place of burial. St. 1885,
278 § 1.

Sect. 24. To sustain an appeal the jury must find that the closing was
not necessary for the protection of the public health. St. 1885, 278 § 2.

Sects. 25-28 are repealed. St. 1885, 278 § 3.

Chapter 84. —Of the Support of Paupers by Cities and Towns.

Provision is made for remedial treatment of recently insane paupers.
St. 1890, 414. (See 1886, 319 § 3.)

False representations for the purpose of causing any person to be sup-
ported as a pauper are made an offence. St. 1891, 343.

Provision made for custody and care of pauper children. St. 1882, 181 ;
1883, 232, 245 ; 1886, 330 ; ^1887, 401 ; 1888, 248 ; 1889, 230 ; 1893, 197,
217, 252; 1896, 288, 382.

Sect. 2. See St. 1890, 414 ; 1893, 423 § 12.

Sect. 3 is extended to towns. St. 1893, 197. The state board of
lunacy and charity may act in certain cases. St. 1887, 401 ; 1893, 197
§ 2. (See 1889, 230 § 2.)

Sect. 6. The pauper and his estate are made liable for expenses in-
curred for him. St. 1882, 113.

Sects. 14-18. Transportation of destitute shipwrecked seamen provided
for. St. 1886, 179.

Sect. 17. Overseers shall bury unclaimed or unidentified bodies upon
which inquests have been held. St. 1887, 310 § 3.

Burial of deceased indigent soldiers, sailors and marines provided for.
St. 1889, 395 ; 1892, 184.

The sums which may be paid for burial of paupers are increased. St.
1890, 71.

Sect. 18. Period for which aid may be furnished increased. St. 1891,
90 § 1.

Sects. 18, 21, 35 amended. St. 1886, 101 § 4.

Sect. 19 is revised. St. 1895, 445.

Sect. 20. Towns and cities may contract with hospitals for temporary
cax'e of the unfortunate and sick. St. 1890, 119.

Sect. 21 amended. St. 1883, 232 § 1. (See 1882, 181, 270; 1883,
245; 1885,176; 1886,330; 1887,401; 1888,248; 1893,217.)

Sect. 29. Removal by overseers to be made within one month after
notice. St. 1891, 90 § 2.

Chapter 85.— Of the Maintenance of Bastard Children.

Sect. 1. Clerk of court may receive complaint and issue warrant. St.
1885, 289.

Sect. 2 amended. St. 1886, 101 § 4.

Sect. 6. Accused may be committed until bond be given. Provision
for approval of bond. St. 1891, 367.

Chaps. 86, 87.] PUBLIC STATUTES. 777

Chapter 86. — Of Alien Passengers and State Paupers.

Sect. 1 aineuded. St. 1886, 101 § 4.

Sect. 13. A new board for both almshouse aud workhouse is estab-
lished and regulated. St. 1884, 297; 1891, 299.

Sects. 16, 19. The same person may be superintendent and resident
physician. St. 1883, 278.

Sect. 21. Change made in persons who may give certificates. St.
1891,84.

Sect. 22 et seq. Tlie removal of sick paupers is further regulated. St.
1885, 211 ; 1887, 440,

Sects. 25, 26, 31 amended. St. 1885, 211; 1891,153. (See 1887,
440.)

Sect. 28 was repealed by St. 1883, 239, which was again repealed and
new provisions made by St. 1886, 298. (See 1884, 88 ; 1887, 123 § 2.)

Sect. 37 is extended to persons not being sentenced inmates. Com-
plaints regulated. St. 1884, 258. (See 1886, 101 § 4.)

Sect. 39. Board of lunacy and charity may transfer pauper lunatics to
asylum at State almshouse. St. 1888, 69.

Sect. 44 et seq. New provisions made as to care of children. St. 1882,
181; 1883,232; 1886,330; 1888,248; 1893,217,252; 1896,288,382.

A limited number of children aftlicted with epilepsy or chronic disease
may be placed in hospital cottages at Baldwinville, which are aided, and
State trustees are provided for. St. 1887, 441 ; 1889, 230 ; 1890, 354 ;
1892,407. (See Res. 1888, 91.) Hospital established for epileptics. St.
1895, 483. And for consumptives. St. 1895, 503. (See 1895, 400.)

Sect. 46 amended. St. 1882, 181 § 1.

Chapter 87. — Of Lunacy and Institutions for Lunatics.

Sects. 1, 29 amended. St. 1886, 101 § 4.

Sect. 2 et seq. Additional hospital accommodations provided for at
Westborough ; St. 1884, 322. In eastern Massachusetts ; St. 1890. 445.
At Medfield and Dover ; St. 1892, 425. (See 1892, 425 ; 1893, 395 ; 1894,
391, 465,526; 1895, 399. Res. 1896, 41.) A hospital for male dipso-
maniacs and inebriates; St. 1889, 414; 1890, 251 ; 1891, 158. (See 1885,
339; 1891,307; 1892,53; 1893,223,256,395. Res. 1892, 33, 50, 55.)
For insane criminals; St. 1886, 219 ; 1895, 390. And for epileptics; St.
1895, 483.

Sect. 4. Number of trustees increased. St. 1884, 149.

Sects. 6, 7, 9. Extended to hospital for epileptics. St. 1895, 483 § 6.

Sect. 6 et seq. At all State institutions for the insane, pi'ovision shall
be made for fire escapes and apparatus. St. 1890, 378.

Sect. 7. Female assistant physicians provided for. St. 1884, 116.

Sect. 9. Time of meeting and of report changed. St. 1887, 170.

Sect. 11 e^ seq. Further provisions as to commitment and custody of
insane. St. 1884, 234, 322 §§ 7, 9 ; 1885, 339, 385; 1886, 219, 319;
1887,346; 1889,90,414; 1890,414; 1891, 158; 1892,53; 1894,195;
1895, 286, 390, 429. (See 1883, 148 ; 1892, 229.)

778 Changes in the [Chap. 88.

Sects. 11, 37, 46. Cities of over fifty thousand inhabitants may estab-
lish asylums for chronic insane, St. 1884, 234.

Chronic and quiet insane may be cared for in private families. St. 1885,
385. (See 1887, 347 § 2, 367; 1890, 414; 1894, 195; 1896, 482.)

Sect. 12 amended. St. 1894, 195.

Sect. 13 is revised. St. 1895, 286, 429. (See 1892, 229.) Fee for
commitment established. St. 1894, 493.

Sect. 14 repealed. St. 1892, 53 § 2.
See St. 1884, 322 § 7.
li'ees as witnesses of salaried officers regulated. St. 1890,

Sect.

15.

Sect.

21.

440.

Sect.

23.

Sect.

25.

Fee for physician's certificate changed. St. 1894, 493 § 2.
Application shall be made in case of any insane person de-
prived of proper treatment. St. 1890, 414 § 1.

Sect. 26. See St. 1884, 234.

Sects. 32-34. Commonwealth shall pay for support of certain crimi-
nals committed to insane hospitals. St. 1883, 148 ; 1889, 90. (See 1894,
214 § 3.)

Provision to reimburse towns in certain cases. St. 1892,243; 1895,375.

Sect. 37. Name of temporary asylum changed. St. 1887, 239.

Sect. 38 et seq. The transfer of the insane regulated. St. 1884, 234
§ 3, 322 §§ 7, 9 ; 1885, 339 §§ 2, 3, 385 ; 1886, 219, 319 ; 1887, 346 § 2,
367; 1889, 90,414 § 16; 1890,414; 1891, 158; 1894, 251; 1895,390;
1896, 482.

Sect. 40. Superintendents may be authorized to discharge patients and
may allow temporary absences. St. 1883, 78. (See 1885, 339 § 3 ; 1886,
319.)

Sect. 46 et seq. Overseers of the poor shall not commit or detain re-
cently insane persons in an almshouse without remedial treatment. They
must give notice to the State board of the admission and discharge of the
insane. St. 1890, 414. (See 1886, 319 § 3.)

Sects. 47-49 are repealed. The asylum at Ipswich is discontinued. St.
1887, 207. (See 1890, 445.)

Sect. 50. See St. 1887, 367.

Sect. 55 et seq. Name changed to " school for the feeble-minded."
Regulations revised. St. 1883, 239; 1886, 298 The allowance is in-
creased. St. 1887, 123. (See 1884, 88; 1886, 298 § 4.)

Chapter 88. — Of the State Workhouse.

Name changed to " State farm." St. 1887, 264.

Anew board is established. St. 1884, 297 ; 1891, 299. (See 1883, 279 ;
1887, 264.)

Provision for an asylum for insane criminals. St. 1886, 219 ; 1895, 390.

Sect. 4 amended. St. 1886, 101 § 4.

Sects. 5-8. Persons not being sentenced inmates, who escape and
within one year are found begging, may be punished. St. 1884, 258. (See
1889, 245.)

Provision made for transfer of prisoners to and from the State farm.
St. 1884, 297; 1887, 292; 1890, 180, 278; 1894, 214.

Chaps. 89-91.] PUBLIO STATUTES. 779

Chapter 89. — Of the State Primary and Reform Schools and the Vis-
itation and Reformation of Juvenile Offenders.

Sects. 1, 8. Primary and reform schools changed to Lyman school ; and
authority of trustees extended and commitments regulated. St. 1884, 323 ;
1885, 86, 151 ; 1895, 428. (See 1884, 255 § 11 ; 1896, 288.)

Sects. 4, 5. Provision made for care and maintenance of pauper chil-
dren between the ages of three and sixteen having no settlement. St.
1882, 181 ; 1883, 232 § 3 ; 1886, 330. (See 1888, 248; 1896, 288.)

Sects. 5, 7 amended. St. 1886, 101 § 4.

Sect. 15 et seq. Girls committed by United States courts are to be sent
to the State industrial school for girls. St. 1887, 426 § 2.

Arrests and commitments of children regulated. St. 1882, 127, 181
§ 3; 1883, 110; 1884, 255 § 11, 323 § 3 ; "1888, 248. (See 1887, 266;
1889, 469 ; 1896, 288, 382.)

No boy over fifteen shall be committed to the Lyman school. St, 1884,
255 § 11, 323 § 3.

Sect. 18. Summons to be issued to children under twelve. St. 1882,
127 § 3.

Sect. 20. New provision made as to notice of complaint. St. 1883, 110.

Sect. 33. Fees and charges of salaried officers regulated. St. 1889,
469; 1890, 440; 1891, 325.

Sect, 34 et seq. See 1896, 288.

Sect. 45. Trustees may discharge boys for mental incapacity or bodily
infirmity. St, 1889, 123.

Sects. 49, 51 repealed. St, 1888, 248 § 2, (See 1882, 181 § 3;
1887, 266.)

Chapter 90. — Of Contagious Diseases among Cattle, Horses and other

Domestic Animals.

This chapter is repealed and revised. St. 1887, 252 ; 1892, 195, 432 ;

1894, 491 ; 1895, 476, 496 ; 1896, 276. (See 1884, 232; 1885, 148, 378 ;
1887, 250; 1893, 306.)

Chapter 91. — Of Inland Fisheries and Kelp.

The commissioners shall be game commissioners also. St, 1886, 276 § 7 ;

1895, 56.

Fishing is regulated in various places : Barnstable county ; St. 1884,
264; 1887, 120, (See 1885, 193; 1886, 202; 1887, 120,) Bass river;
1894,134. Berkshire; 1888, 276 ; 1890, 193 ; 1895,199, Bourne; 1891,
164. (See 1889, 202.) Brimfield ; 1895, 411. Bristol; 1882, 189.
Buzzard's bay; 1884, 214 § 2; 1886, 192; 1891, 327; 1893, 205, 255.
(See 1887, 197; 1890, 229.) Dennis; 1895, 203. Dukes; 1884, 245;
1886,234. (See 1882, 102; 1895, 180.) Eastham ; 1893, 77. Edgar-
town; 1882, 65; 1885, 247; 1886, 234; 1891,52. (See 1882, 65; 1885,
247.) Essex; 1888,126; 1893,36. Franklin, Hampden and Hampshire
1890,193. Crystal lake, Haverhill; 1894, 296. Marion; 1892, 188
1893, 255. Marshfield, 1889, 292 ; 1890, 336. Mashpee : 1884, 264

780 Changes in the [Chap. 91.

1892,196. Mattapoisett ; 1884,214; 1890,229; 1892,186. (See 1887,
197.) Merrimack river; 1882, 166; 1883, 31, 121; 1884, 317; 1893,
201; 1895, 88. (See 1894, 113.) Nantucket; 1891, 128. (See 1887,
96; 1888, 238.) Norwell and Pembroke; 1889, 292; 1890, 336. Plum
Island bay (tributaries); 1887, 105; 1890, 30. Plymouth; 1884, 199;
1886,163; 1889,292; 1890,336. (See 1883, 76.) Quinsigamond lake.
1896, 259. Randolph; 1889, 78. Scituate ; 1889, 292; 1890, 336.
AV^elltleet bay; 1891, 135. (See 1889, 179.) Lake Chaubunagunga-
maug, Webster ; 1896,110. Westport ; 1887,193; 1891,137.

Persons violating the fish laws may be arrested without a warrant in cer-
tain cases. St. 1893, 105.

Commissioners may forbid discharge of sawdust from a mill into a brook.
St. 1890, 129.

The catching of pickerel is restricted. St. 1888, 331. (See 1895, 199.)

Squam pond, Gloucester, granted to the United States fish commission
for ten years. St. 1892, 43.

Provision made for protection of traps, trawls and seines. St. 1882,
.53.

A bounty provided for destruction of seals. St. 1888, 287 ; 1892, 234.

Sect. 3. See St. 1893, 105.

Sects. 10-24. Use of nets in ponds restricted. St. 1884, 318.

An act for the protection of great pouds. St. 1888, 318.

Sect. 12. The provisions for leasing great ponds are repealed. St.
1885, 109. (See 1889, 3.54; 1895, 180.)

Sect. 16. Proceedings against defaulting lessees regulated. St. 1886,
248.

Sect. 17. See St. 1886, 248 § 2.

Sect. 25. Provision for flowing lands in Barnstable for fish culture.
St. 1889, 383.

Sect. 26 not repealed by St. 1892, 252.

Sect. 31. Rights of riparian proprietors extended. St. 1890, 231.

Sects. 36, 39. Use of nets and seines in Merrimack river regulated.
St. 1882, 166 ; 1883, 31, 121 ; 1884, 317. (See 1882, 53.)

Sect. 41. Certain fisheries exempted. St. 1884, 199.

Sects. 45, 46. See St. 1894, 113.

Sects. 51-53. Regulations for trout, land-locked salmon and lake trout
fishing. St. 1884, 171; 1888,276; 1890,193; 1891,138; 1892,252;
1895, 277. (See 1893, 105.)

Furnishing trout and trout spawn by the Commonwealth regulated. St.
1893, 59.

Sect. 55. See St. 1888, 126.

Sect. 56. Black bass fishing regulated. St. 1893, 80 ; 1896, 229.

Sects. 57, 59. Smelt fishery regulated in certain waters St. 1887,
105; 1890, 30; 1891, 128; 1894, 189.

Sects. 68, 69. Cities and towns may regulate or prohibit taking of eels
and shell-fish. St. 1889, 391. (See 1889, 64; 1892, 186, 188; 1893,
55, 255.)

Sect. 70. Rights acquired under this section not affected by St. 1886,
192; 1887, 197; 1890, 229; 1891, 327; 1893, 205.

Chap. 92.] PuBLIO STATUTES. 781

Sects. 73, 74, 75 apply to owners of traps or contrivances for catcbins;
lobsters. St. 1889, 109.

Sect. 76. See St. 1882, 102; 1884, 245, 264; 1887, 120.

Sect. 81 et seq. Provisions for protection of lobsters. St, 1882, 98 ;
1884, 212; 1885, 256; 1887, 314; 1889, 109; 1890, 293; 1891, 122;
1893, 183. (See 1892, 403 ; 1893, 105.)

Sect. 84. See St. 1884, 212 ; 1887, 314.

Sect. 85. See St. 1887, 314 § 2.

Sects. 93, 94. Tbe planting and taking of oysters are regulated. St.

1884, 284; 1885, 220; 1886, 299; 1895, 282. Taking oysters restricted
in Westport; St. 1887, 119. In Yarmoutb ; St. 1892, 74.

The planting and digging of clams are regulated in certain places. St.
1888, 198, 202; 1889, 64.^

Sect. 95. The taking of scallops is regulated, St. 1896, 268. (See

1885, 220, §§3, 4; 1887, 96; 1888, 223, 238; 1889, 391; 1892, 188;
1893, 55, 172.)

Sects. 97-101 extended to waters where there are no natural oyster beds.
St. 1884, 284. And to oyster shells planted to catch seed. St. 1895, 282.

Use of dredge, tongs, etc., on private oyster beds forbidden without con-
sent of owners. St. 1885, 220 § 5. (See 1893, 105.)

The granting of oyster licenses regulated. St. 1885, 220; 1886, 299.
(See 1884, 284.) .

Sect. 104. Payment of fines and forfeitures regulated. St. 1890, 390
§ 3. (See 1887, 314 § 2.)

Chapter 92. — Of the Preservation of Certain Birds and other Animals.

This chapter is repealed and revised. St. 1886, 276 ; 1887, 300 ; 1888,
292; 1891, 142, 254; 1892, 102; 1893, 49, 105, 189, 398; 1894, 97, 102,
205; 1895,55. (See 1882, 199; 1883, 36,169; 1884, 282,308; 1886,
246; 1887, 211; 1888, 269; 1890, 237, 249.)

The fish commissioners are made game commissioners also. St. 1886,
276 § 7. (See 1895, 56.)

Persons found violating the game laws may be arrested without a war-
rant in certain cases. St. 1893, 105.

Provision made for pi'otection of game and prevention of trespass on
private land. St. 1884, 308 ; 1890, 403, 410. (See 1886, 276 § 4.)

Liberating a fox or raccoon in Dukes county is prohibited. Provision
for a reward for their destruction. St. 1890, 237.

Sects. 1, 2. The close time for grouse, woodcock, quail and ducks is
regulated. Killing pinnated grouse at any time forbidden. St. 1894, 205.
(See 1886, 276 § 1 ; 1888, 292; 1890, 249; 1891, 142; 1893, 189, 398.)
Quail are protected in Nantucket. St. 1893, 49. (See 1894, 102.)

Mongolian, English and golden pheasants are protected. St. 1895, 55.
(See Res. 1894, 79.)

Sect. 3. Shooting black duck in Plymouth bay and harbor regulated.
St. 1888, 269. Shooting wild fowl from boats in certain waters of Nan-
tucket is forbidden. St. 1886, 246.

Pursuit of wild fowl with a boat propelled by any other means than sails,
oars or paddles is prohibited. St. 1892, 102. (See 1886, 246, 276.)

782 Changes in the [Chaps. 93-100.

Sect. 6. Provision made for extermination of the English sparrow. St.
1890, 443. (See 1883, 36; 1886, 276 § 4.)

Sect. 7. Trapping or snaring of certain game and use of ferrets are
made offences. St. 1886, 276 § 6 ; 1887, 300; 1891, 254. (See 1884,
308; 1893, 105.)

Sects. 8-10. Further provision for protection of deer. St. 1882, 199 ;
1883, 169. (See 1893, 105.)

Sect. 9. Close season extended. St. 1894, 97.

Chapter 93.— Of the Law of the Road.

See St. 1889, 57; 1893, 367 § 120.

Chapter 94. — Of Timber afloat or cast on Shore.

Floating of timber in Connecticut river regulated. St. 1882, 274 ; 1883,
183.

Chapter 97. — Of Wrecks and Shipwrecked Goods.

This chapter is revised. St. 1887, 98. (See 1883, 260 ; 1885, 341.)
Provision made for removal of wrecks and obstructions in tide-waters.
St. 1883, 260.

Chapter 98. — Of the Observance of the Lord's Day.

Sects. 1, 2, 3 are repealed and the observance of the Lord's day regu-
lated. St. 1895, 434. (See 1886, 82; 1887, 391; 1893, 41.)

The provisions of this chapter are not a defence to actions for injuries
to a traveller on the Lord's day. St. 1884, 37.

Sects. 13, 15 amended. St. 1887, 391 § 3.

Chapter 99. — Of Gaming.

Provision made for recovery of payments, etc., made on wagering con-
tracts in securities and commodities. St. 1890, 437. (See 1892, 138.)

Provisions against gaming houses and resorts. St. 1885, 342 ; 1887,
448; 1892,388; 1894, 410 ;"" 1895, 419. (See 1883, 120 ; 1885,66; 1887,
380; 1890, 439 § 2; 1893, 226.) And against lotteries, policy lotteries
and pool selling. St. 1892, 409 ; 1895, 419.

Sects. 1, 2 amended. St. 1895, 419 §§ 11, 12.

Sect. 8 amended. St. 1885, 342 ; 1895, 419 § 13. (See 1894, 410.)

Sect. 10 repealed. St. 1895, 419 § 14.

Chapter 100. — Of Intoxicating Liquors.

Provision made for license boards in certain cities. St. 1894, 428 ;
1895, 379 ; 1896, 396.

The disposal or placing on file of liquor cases is restricted. St. 1885,
359.

A penalty is provided for employing a person under eighteen to serve
liquor. St. 1890, 446.

Provision is made to prevent illegal sale of liquor in clubs. St. 1887,
206 ; 1890, 439 ; 1893, 226 ; 1894, 542.

Chap. 100.] PuBLIO STATUTES. 783

Sect. 1. Sweet cider and light wines exempted in certain cases. St.
1894, 489.

Sects. 2, 3, 5, 8, 10. Licenses to and sales by druggists and apotheca-
ries regulated. St. 1896, 397. (See 1885,313; 1887,267,431; 1889,
270; 1893, 472 § 4; 1894, 435.)

Sect. 5 et seq. The granting of licenses is further limited and regulated.
St. 1882, 220, 222, 242, 259; 1883, 93; 1884, 158; 1885, 83,90, 216,
323 § 2; 1887, 323, 392 ; 1888, 139, 254, 262, 340, 341 ; 1889, 270, 344,
347, 361 ; 1890, 446; 1891, 369; 1892, 280; 1896, 397 § 7. (See 1886,
323 § 2 ; 1887, 431 ; 1893, 148 ; 1894, 428, 435.

Number of places to be licensed limited. St. 1888, 340.

Transfer of locality of licenses provided for. St. 1889, 344.

Licenses in summer resorts provided for. St. 1888, 340 ; 1892, 280 ;
1896, 440.

Sect. 7. Objection may be made by owner of real estate within twenty-
five feet of premises. St. 1887, 323.

Sect. 9. Sales at night regulated. St. 1882, 242 ; 1885, 90.

CI. 3 is revised. St. 1896, 272.

CI. 4 extended to persons supported by public charity. St. 1884, 158.

CI. 5 revised. Selling liquor at a table in a bar-room prohibited. St.
1891, 369.

Sect. 10, els. 1-5. Sale, gift or delivery is forbidden on election days
and certain holidays. St. 1885, 216 ; 1888, 254, 262 ; 1889, 347, 361 ;
1894, 130; 1895, 337; 1896, 162 § 2, 308. (See 188.5, 90; 1889, 186.)

And may be forbidden in cases of riot or great public excitement. St.
1887, 365.

Cls. 1-3. No license of these classes shall be for a building within four
nundred feet of a public school. St. 1882, 220. (See 1894, 129.)

Cls 1-5. No license of the first five classes shall be granted to be ex-
ercised in a dwelling-house or a store having interior connection with a
dwelling. St. 1888, 139.

Licenses of the sixth class limited and regulated. St. 1896, 397. (See
1885, 313 ; 1887, 267, 431 ; 1889, 270 ; 1893, 227, 472 ; 1894, 435.)

Sect. 11. The minimum fees are increased. St 1888, 341.

Sect. 12. View of interior of the premises must not be obstructed.
St. 1882, 259 § 1.

Sect. 13. Further requirements of sureties provided for. St. 1882, 259
§ 2. Number of bonds on which one may be surety limited. St. 1894, 388 ;
1896, 169. The form of bond is changed. St. 1888, 283.

Sect. 16. License shall be void on conviction of violation of any provi-
sion of the liquor laws. St. 1887, 392.

Sect. 18 is extended to common victuallers. St. 1882, 242. The pen-
alties are modified. St 1889, 114, 268. (See 1896, 308. J

Sect. 24. Sales to a minor for his own or any other person's use are
forbidden. St. 1889, 390.

Sale to children under sixteen of candy, or other article, enclosing a liquid
containing more than one per cent, of alcohol is forbidden. St. 1891, 333.

Sect. 25 is extended to sales by druggists except on physicians' prescrip-
tions. The mayor or selectmen may give the notice and sue for benefit of

784 Changes in the [Chaps. loi, 102.

husband, wife, child, parent or ajuardian. St. 1885, 282. (See 1896,
397.)

Sect. 26. Additional facts made j9n'ma/acie evidence, St. 1887, 414.

Sect. 27 is revised and new definition made. St. 1888, 219.

Sect. 29. The inspection and analysis of liquors regulated. St.
1882, 221.

Salary of inspector and assayer fixed. St. 1887, 232. (See 1885, 224 ;

1886, 175.)

Sect. 30. A search warrant may be issued by a justice authorized to
issue warrants in criminal cases. St. 1884, 191. (See 1884, 286.)

Sects. 30, 33. Implements of sale and furniture used or kept to be
used for illegal keeping or sale of liquor may be seized, and may be
destroyed or sold as court may oi'der. St. 1887, 406 ; 1888, 297.

Sect. 38. Provision made for disposition of forfeited liquors. St.

1887, 53; 1888, 297. (See 1887, 406.)

Sect. 40. Costs increased in certain cases. St. 1888, 277.
Sect. 45. Clubs may be licensed. St. 1887, 206. (See 1890, 439 ;
1893, 226; 1894, 542.)

Chapter 101.— Of the Suppression of Common Nuisances.

Sect. 6. Provision for suppression of nuisances under this section.
St. 1887, 380. (See 1887, 206.)

St. 1887, 414, applies to cases under this chapter. St. 1887, 414 § 3.
Additional costs allowed in certain cases, St. 1888, 277.

Chapter 102. — Of Licenses and Municipal Regulations of Police.

Provision made for registration of pharmacists. St. 1896, 397. (See
1885,313; 1887, 267; 1893,227,472; 1894,435,) Of dentists, St.

1887, 137. Of plumbers, and inspection of their work and materials, St.

1888, 105 ; 1893, 477 ; 1894, 455 ; 1895, 453. (See 1882, 252 § 2 ; 1892,
419 §§ 120, 138.) Of physicians and surgeons. St. 1894, 458; 1895,
412, Of horses used for breeding purposes. St, 1890, 334,

And for licenses for infant boarding-houses, St. 1892, 318. (See 1882,
270, § 3 ; 1889, 309, 416 ; 1891, 194 ; 1895, 310 § 2, And for license to
make, alter or repair clothing for sale in a private house, St, 1893, 246.
(See 1891, 357; 1892, 296.) And for itinerant vendors of merchandise.
St. 1890, 448 ; 1894, 525.

Licenses are required for engineers and firemen of certain steam boilers,
St. 1895, 471 ; 1896, 546. (See 1893, 387; 1894, 481 § 2; 1895, 418.)

Sect. 2 amended. Provision made for license commissioners in certain
cities. St. 1894, 235, 428.

Sect. 4. Tira'e of grant and expiration of licenses changed. St. 1890, 73.

Sect. 5. See St. 1885, 316; 1893, 436.

Sect. 12, 15. Liability of innholders fui'ther limited. St. 1885, 358.

Sect. 13 extended to boarding-houses. St. 1883, 187. Maximum fine
decreased. St. 1884, 169. Disposition of unclaimed or retained baggage,
etc., regulated. St. 1893, 419; 1894, 181.

Public lodging-houses in Boston must be licensed. St. 1894, 414.

Chap. 102.] PuBLIC STATUTES, 785

Sect. 21. Words " who is a minor" added after " student." St. 1893,
292 § 1.

Sect. 23 is repealed. St. 1893, 292 § 2.

Sect. 26. lutelligeuce offices are regulated. St. 1894, 180.

Sect. 33. Articles of personal apparel are not to be deemed perishable
within the meaning of this section. St. 1884, 324.

Sects. 33-37. The business of making loans on deposits or pledges of
personal property is regulated. St. 1890, 416; 1895, 497. (See 188.5,
252; 1888, 388; 1892, 428; 1896, 183.)

Sect. 34. St. 1888, 388, does not apply to licensed pawnbrokers and
does not affect this section. St. 1890, 416 § 6 ; 1892, 428 § 6.

Sect. 35. Any district police officer may enter and examine pawnshops.
St. 1888, 243.

Sect. 39. Provision for licenses for stables. St. 1890, 230, 395 ; 1891,
220; 1895, 213; 1896, 332. (See 1889, 89.)

No liver}' stable shall be within two hundred feet of a church, etc., with-
out consent of the society worshipping therein. St. 1891, 220 § 2.

Sects. 40-53 repealed so far as they relate to the city of Boston and
other provisions made. St. 1892, 419. (See 1895, 471 ; 1896, 546.)

Sect. 49. See St. 1893, 387.

Sect. 54. Cities and towns may regulate sale or use of toy pistols, toy
cannon and articles in which explosives are used. St. 1882, 272.

Fire-arms or dangerous weapons may not be sold or furnished to persons
under fifteen. St. 1884, 76.

Sect. 56. Provision made for notice to chief engineer, etc., of place of
storage of gunpowder and explosive compounds. St. 1882, 269.

Sects. 69-75. Regulations for preparation, storage, inspection and sale
of kerosene and petroleum products and erection of buildings therefor.
St. 1885, 98, 122; 1894, 399. (See 1882, 250.)

Sects. 80-84. The licensing of dogs is further i-egulated. St. 1885,
292; 1886, 259 § 2 ; 1887, 135, 307; 1890, 72; 1892, 50.

The keeping of blood-hounds and other like dogs is restricted. St. 1886.
340; 1892, 50.

Special licenses may be granted for breeding purposes. St. 1887, 307.

Bond required to account for receipts from dog licenses. St. 1888, 320.
Time for payment of such receipts changed. St. 1886, 259.

Sect. 83 amended. St. 1886, 101 § 4.

Sect. 86. Provision for recording licenses in cases of transfer. St.
1884, 185.

Sect. 98 et seq. The law as to damages to domestic animals, etc., by
dogs is revised. St. 1889, 454; 1894, 309. (See 1886, 259 § 1.)

Provision for appropriations from dog tax for maintenance of free public
libraries in towns. St. 1890, 347 § 5.

Sect. 115 amended. No license shall be granted for Sunday exhibi-
tions. St. 1895, 434 § 3. (See 1894, 353.)

An act to prevent immoral shows and entertainments. St. 1896, 339.

Sects. 115-127. Provision for licensing skating rinks. St. 1885, 196.
And picnic groves. St. 1885, 309. (See 1887, 445.)

Admission of children to places of amusement regulated. St. 1883, 446.

786 Changes in the [Chaps. io3, 104.

Sects. 116-119. Municipal, district and police courts have jurisdiction
under these sections. St. 1887, 293.

Sect. 124. Rate and manner of payment for these licenses changed.
St. 1882, 258. (See 1894, 180.)

Fee for pawnbrokers' license established in certain cases. St. 1895,
497 § 2.

Hawking and peddling restricted, and gaming, horse-racing and shows
forbidden within one-half mile of licensed groves for picnics, etc. St.
1887, 445. (See 1885, 309.)

ChapterlOS. — Of the District and Other Police.

The laws relating to the inspection department of the district police are
revised. St. 1894, 481. (See 1888, 113, 389, 426; 1891, 302,357 § 6;
1893, 111, 199, 387; 1894, 337, 341.)

Provision for a resen'e police force in certain cities. St. 1896, 314.

Special officers appointed in an emergency must be residents of the State.
St. 1892, 413.

Tenure of police officers regulated in certain cities. St. 1890, 319.

Police matrons required in certain cities. St. 1887, 234; 1888, 181.

Pensions are provided for in certain cities. St. 1887, 178; 1892, 353,
378.

Sect. 1. Number of district police increased. St. 1885, 131 ; 1887,
256; 1888, 389, 426 § 13; 1891, 302, 357 § 6; 1893, 387; 1894, 281;
1895, 310, 396, 418 § 8. (See 1885, 158.)

The requirement of an examination by a justice is repealed. St. 1885,
186. (See 1884, 190.)

Sect. 3. Clerks provided in chief's office and their salaries fixed. St.

1890, 137; 1892,249.

Sect. 5. Salaries fixed. St. 1887, 127; 1892, 128.

Sect. 10. Duties of inspectors extended. St. 1887, 218 ; 1888, 149
§ 3, 316, 399, 426; 1891, 357; 1895, 136 § 3 ; 144, § 3. (See 1882, 266
§ 6; 1885, 326; 1887, 219, 226; 1888, 207; 1890, 438; 1891, 261; 1893,
387.)

An appeal is given from certain orders of inspectors. St. 1890, 438 ;

1891, 261.

Sect. U is repealed. St. 1894,481. (See 1886, 260 § 3 ; 1890,83;
1893, 111.)

Sect. 13. Street railway police provided for. St. 1895, 318.

Sects. 14, 16. An act relative to evidence of appointment of railroad
and steamboat police. St. 1896, 225.

Sect. 15. Railroad police shall be sworn. Tenure of office regulated.
St. 1883, 65. They are to be paid no witness fees in certain cases. St.
1890, 440 § 9.

Chapter 104. —Of the Inspection of Buildings.

An act to authorize the establishment of a building line on public ways.
St. 1893, 462; 1896, 313.

The height of buildings in cities is restricted. St. 1891, 355. And on
parkways and boulevards. St. 1896, 313.

Chap. 105.] PUBLIC STATUTES. 787

Sects. 1-14, 21, 22 and 24 are repealed and the erection and construc-
tion of buildings to be used for certain public purposes are regulated. St.
1894, 382, 481, 508. (See 1882, 208, 266 ; 1883, 173, 251 ; 1884, 52, 223 ;
1885, 326; 1886, 173; 1887, 103 § 3, 173, 218; 1888, 113, 207, 305, 316;
1890, 83, 179, 307, 438; 1892, 419; 1893, 111, 199, 387; 1894, 337,
341.)

Building law for Boston. St. 1892, 419 ; 1893, 170, 293, 297, 464 ;
1894,257,443; 1895, 97, 239, 280, 314; 1896, 416, 520. (See 1888,
316; 1893,199.) Public lodging-houses in Boston regulated. St. 1894,
414. (See 1883, 251 § 2 ; 1888, 426 ; 1892, 410.)

Sects. 4-12. Provision made for inspection and proceedings under these
sections. St. 1888, 149, 316, 399, 426; 1890, 438; 1891, 261. (See
1892, 419.) And for inspection of certain steam boilers. St. 1895, 418.
(See 1895, 471.)

Sect. 6. Provision for appointment of officers where there is no engi-
neer. St. 1888, 399 § 4.

Sect. 8. Appeal given from orders of district police inspectors. St.
1890, 438; 1891, 261.

Sect. 12. Superior court given concurrent jurisdiction. St. 1891, 293.

Sects. 13-24. In manufacturing establishments run by steam the engi-
neer's room must, if required by inspector, have means to communicate
with machinery rooms, and to control the power. St. 1886, 173; 1890,
179.

The placing of traversing machinery in cotton factories is regulated. St.
1896, 343.

Sect. 14. Extended to mercantile and public buildings. St. 1882, 208.

The use of elevators is further regulated. St. 1882, 208; 1883, 173;
1890, 90.

Sects. 15-20 are repealed and the provisions for precautions against fire
are revised and extended. St. 1882, 251 ; 1884, 223 ; 1888, 86, 426 ;
1894, 382. (See 1882, 266; 1884, 52; 1888, 207, 316, 399, 426; 1890,
307; 1892,419; 1893,199; 1894,341; 1895,418.)

Sect. 19. No inside or outside door of factory, etc., shall be fastened
during working hours. St. 1884, 52.

Sect. 20. Theatres must have approved fire-resisting curtains. St.
1888, 426 § 1. (See 1888, 207.) Audience hall shall not be above second
floor. St. 1894, 382.

Provision for securing proper sanitary precautions in school-houses, fac-
tories aud workshops. St. 1894, 508. (See 1887, 103 § 3, 173, 218;
1888, 149, 305; 1891, 261.)

Sect. 23 is revised. St. 1887, 276. (See 1882, 266 § 4 ; 1887, 219;
1888, 426.)

Sect. 24 is made to apply to sections 16 to 21. St. 1882, 266 § 5.

Chapter 105. — Of Certain Powers, Duties and Liabilities of Cor-
porations.

Change of name of corporations subject to provisions of chapters 106-
119 provided for. St. 1891, 360 ; 1892, 198, 201. (See 1891, 257 ; 1895,
104; 1896, 523.)

788 Changes in the [Chap. loe.

Assuming name of auother corporation, or a similar name, is restricted.
St. 1891, 257. (See 1888, 413 § 27, 429 § 2.)

Conditions prescribed for foreign corporations doing business liere. St.
1882, 106; 1883, 74; 1884, 330; 1886, 230; 1889, 393; 1890, 329;
1891, 341 ; 1894, 381, 476, 541 ; 1895, 157, 311 ; 1896, 391. (See 1887,
214 §§77-88,91,92; 1888,321,429 § 13; 1889,356,427,452; 1890,
197, 199, 304, 310, 321; 1891, 275, 368, 403; 1892, 129; 1893, 303;
1894, 522 §§ 77-91 ; 1896, 286.)

Penalties for fraud of ofHcei's and stockholders extended to foreign cor-
porations doing business here. St. 1895, 157. And liability for debts and
contracts. St^ 1896, 391.

Issuing obligations to be redeemed in numerical or arbitrar}^ order of
precedence, is prohibited. St. 1891, 382.

Provision for insolvency proceedings by or 'against certain foreign cor-
porations. St. 1890, 321.

Safe deposit, loan and trust companies are subject to the duties, restric-
tions and liabilities set forth in this chapter. St. 1888, 413. (See 1887,
89 ; 1889, 342, 452 ; 1890, 315 ; 1892, 327 ; 1893, 114 ; 1894, 274 ; 1896,
423.)

Sects. 14, 15 are repealed, but officers may be removed for previous vio-
lations of section 14. St. 1889, 222.

Sects. 18, 19 are repealed, and the issue of stock or scrip dividends by
certain corporations is prohibited. St. 1894, 350.

Sect. 20. Issue of new stock and bonds by certain quasi-public cor-
porations regulated. St. 1894, 450, 452, 462, 472, 476, 501, 502.

Sect. 21. Stockholder may require list of stockholders filed in office of
secretary of the Commonwealth. St. 1889, 222 § 3.

Sect. 24. No record is necessary for the transfer of stock. St. 1884,
229.

s'ect. 28. See St. 1884, 268, 330; 1888, 321 ; 1889, 393; 1890, 321 ;
1894, 384.

Sect. 42. The time limit is stricken out. St. 1884, 203.

Chapter 106. — Of Manufacturing and Other Corporations.

Corporations created under this chapter may issue special stock, to be
held by their employees only. St. 1886, 209.

Manufacturing corporations may support free beds in hospitals for use
of their employees. St. 1889, 258.

Sects. 3, 4, 51. Corporations governed by these sections may change
their business under section 51. St. 1885, 310.

Sect. 6 et seq. Corporations to examine and guarantee titles of real
estate are authorized and regulated. St. 1884, 180; 1887, 214 §§ 62, 63.
And for the cremation of the dead. St. 1885, 265. (See 1886, 101, § 4 ;
1888, 306 § 2.)

Sects. 7, 8, 13, 14. Par value of shares regulated. St. 1894, 500.

Sect. 11 extended to hydrostatic and pneumatic pressure for mechanical
power. St. 1891, 189; 1893, 397.

Sects. 11, 52, 75 extended to gas for heating, cooking, chemical and
mechanical purposes. St. 1885, 240.

Chaps. 107, 109,] PuBLTC STATUTES. 789

Sect. 13 extended to include buildings for manufacturing and mechani-
cal purposes. St. 1888, 116.

Sect. 17. Method established for change of name of corporations sub-
ject to provisions of chapters 82, 106-119, and acts amendatory thereof.
St. 1891, 360; 1892, 198, 201.

Sect. 26. Provisions as to treasurers' bonds. St. 1896, 346.

Sect. 27. Clause as to proxy or attorney casting more than fifty votes
is repealed. St. 1888, 188. (See 1889, 222.)

Sect. 34 et seq. Increase of stock of certain quasi-public corporations
regulated. St. 1894, 450, 452, 462, 472, 476, 501, 502. (See 1890, 371.)

Sects. 39-41 are repealed. St. 1894, 472.

Sect. 50. Certain foreign corporations may hold real estate here. St.
1888, 321 ; 1895, 387. (See 1884, 330.)

Sects. 51, 52. Gas companies may be authorized to furnish electric
light and power. St. 1887, 385. (See 1885, 240.) Fee for filing certifi-
cate fixed. St. 1895, 169.

Sect. 54 extended to foreign corporations having usual places of busi-
ness in this Commonwealth. St. 1891, 341 ; 1894, 541 ; 1895, 311.

Sects. 54, 55, 59, 81, 82, 84. All corporations, with certain exceptions,
are subject to these sections and must make the certificates and return
therein required. St. 1887, 225 ; 1890, 199 ; 1891, 341 ; 1894, 541 ; 1895,
311 ; 1896, 369.

Any stockholder may require a list of stockholders to be filed. St. 1889.
222 § 3.

The certificates are deemed to be recorded by the act of filing. They
are to be preserved in book form. St. 1890, 199.

Sects. 60-71 apply to foreign corporations. St. 1896, 391.

Sects. 62-71 apply to mortgage loan and investment, and safe deposit,
loan and trust companies. St. 1888, 387 § 11, 413 § 14.

Sects. 75, 76 amended. St. 1896, 544.

Sect. 75 et seq. A board of gas and electric light commissioners is
established, and the business of the companies is regulated. St. 1885, 240,
314; 1886,250,346; 1887,382,385; 1888, 350, 428; 1889, 169, 373;
1890, 252; 1891, 370; 1892, 67, 259, 263, 274; 1893,454; 1894, 182,
299, 316, 327, 432, 448, 450; 1895, 350, 420; 1896, 356, 473, 480. (See
1896, 426.)

Pneumatic pressure is included. St. 1896, 544.

Sect. 84. Fee for filing and recording certificates changed. St. 1895,
169; 1896, 523.

Chapter 107. — Of Swine Slaughtering Associations.

Sect. 2. is amended. St. 1886, 101 § 4.

Chapter 109. — Of Companies for the Transmission of Intelligence

by Electricity.

This chapter, except sections 16 and 18, applies to lines for electric light.
St. 1883, 221.

The erection and use of wires for telegraph, telephone and electric light-
ius are regulated. St. 1883, 221 ; 1884, 302, 306 ; 1885, 267, 380; 1887,

790 Changes in the [Chaps. no, 112.

382,385; 1889,398,484; 1890,404; 1891,370; 1892,274; 1893,274,
454 ; 1894, 182, 432 ; 1895, 228, 330, 350, 420 ; 1896, 356, 426, 473, 480.
As to Boston, see 1894, 454 ; 1895, 228 § 2.

Sect. 4 amended. Abutters may have damages for erection or alteration
of telegraph, telephone and electric light and power lines along highwaj-s.
St. 1884, 306. (See 1884, 302.)

Sect. 7. At least half must be paid in in cash. St. 1893, 274.

New issue of stock and bonds regulated. St. 1890, 371 ; 1894, 450,
452, 472, 476 ; 1896, 473. (See 1894, 501.)

Sect. 10. Telephone companies must furnish service without discrimi-
nation. St. 1885, 267.

Telegraph companies are made liable to amount of $100 for damages
caused by negligence in transmitting messages. St. 1885, 380.

Sects. 12, 15. Wires may not be put on another's property without his
consent. St. 1884, 302. (See 1884, 306.)

Electric light or power companies are authorized to mortgage property to
secure bonds. St. 1890, 371 ; 1894, 501.

Sect. 16. See St. 1895, 330.

Chapter 110. — Of Aqueduct Corporations.

Payment and returns of capital stock regulated. St. 1894, 380.
Sects. 7, 8 are repealed and issue of stock and bonds regulated. St.
1894, 452, 472, 476.

Chapter 112. — Of Bailroad Corporations and Railroads.

The operation of railroads by electricity is authorized. St. 1892, 110.

State inspection of tracks, equipment, etc., is provided for. St. 1894,
535.

Railroad corporations are required to issue mileage tickets which shall be
accepted on all railroad lines in the State. St. 1892, 389.

The issuing of tickets free or at less than usual rates to members of the
legislature, the executive, the judiciary and certain others is forbidden.
St. 1892, 59.

Railroad companies may join relief societies of employees. St. 1886,
125. (See 1882, 244; 1887, 270 § 6; 1890, 181.)

Provision for elevated railways in and near Boston. St. 1894, 548, 550.
(See 1890, 368.)

Provision for compensation for joint occupancy of stations and grounds.
St. 1893, 142.

Conditional sales and leases of equipment and rolling stock are regulated.
St. 1894, 326. Leases and consolidations must be approved by railroad
commissioners. St. 1894, 506.

Sect. 9. Assistant clerk allowed. St. 1895, 313.

Sects. 10-12. Salaries fixed: Clerk; St. 1885, 119. Assistant clerk;
1895,313. Accountant; 1885, 164. Salaries are to be paid monthly.
St. 1885, 224. Allowance made for books, maps and incidentals. St. 1890,
200. (See 1894, 535 § 8; 1896, 302.)

Sect. 14. Powers of the commissioners increased. St. 1882, 162, 265
§1; 1883,117; 1885,110,334; 1886,120; 1888,240; 1890,382; 1891,

CuAf. 112.] PuBMc Statutes. 701

120, 204; 18'J2, 171, 228; 1803, 142, 210 § 2, 315; 181)4, 41, 402, 400,
472, o02, 506, 535, 54;{ ; 1895, 136, 316, 362, 378. (Sec 1896, 409.;
Skcts. 21, 26. Retmus and statoiricnts regulated. St. 1889, 328;

1893, 131. (See 1889, 241.)

SiX'T. 34. Tlie comrniHHionors must certify that pu?>lic convenience and
necessity reqiiin^ the coiiHtrnction, before organization of a raih-oad com-
pany under tlie general hiw. St. 1882, 265 § 1.

Skct. 38 et aeq. No steam railroad may be located within three miles
of the State House except on certain conditions. St. 1882, 265 § 4. (See
1884, 279.)

R.'iilrotid corporations may change their locations to im{)rove the align-
mcait of their roads. St. 1887, 4:50. (See 1882, 149; 1884, 134.)

Skct. 44. Tlie proceedings are void tinh^ss certificate of incorporation
is issued within one year from the time when th(! route is fixed. St. 1882,
265 § 2.

Sect. 54. Clause prohibiting the casting of more than fifty votes by a
proxy or attorney is repealed. St. 1888, 188. (See 1889, 222.)

Sect. 56. Delivery of written transfer sufficient. St. 1884, 229.

Sects. 58, 59, 60. Incniase of caj)ital stock regulated. St. 1893, 315;

1894, 462, 472, 502. (See 1894, 476.)

Sect. 62. The bonds may run fifty years. St. 1887,191. (See 1883, 7.)

Sects. 62-73. A ])ur(-h!iser under a valid foreclosure and his grantees
and successors have the same pow(!rs and duties as tlie original corporation.
St. 1886, 142.

Sects. 63-70. Street railway companies may issue bonds, and these
sections shall apply. St. 1889,316; 1892,192.

Sect. 81 et se(/. lieturns and statimients reguiat(!d. St. 1889, 328;

1893, 131. (See 1889, 24 f.)

Sect. 82 is ap|)lied to street I'ailway companies. St. 1892, 254.

Sect. 89, '1\uh\ of notice to and filing of location by railroad corpora-
tions under St. 1878, 135 § 1, is changed. St. 1882, 149.

Sect. 91 is revised, l^and may be taken outside of the location for one
or more tracks, subject in some cases to certain conditions. St. 1884, 134.
(See 1882, 149; 1887, 430.) Locations of lands i)urchased may l)e filed.
St. 1895, 356 ; 1896, 78.

Sect. 115. The powcir to exempt from tiie <luty to fence is transferred
to the railroad commissioners. Proceedings to revoke exemptions regu-
lated. St. 1882, 162.

Sect. 117 et se<i. No right of way across any railroad track or location
in use for railroad i)ui'poses shall be actpiii-ed by i)rescription. St. 1892,
275.

Sects. 117-138. Wood which ol)structs view at crossings may be cut.
St. 1889, 371. These sections are not affected by St. 1891, 170.

Provision is made for the abolition of grade crossings. St. 1885, 194;
1887,295; 1890,428; 1891,33,123, 262; 1892, 312; 1893, 283, 424;

1894, 216, 545; 1895, 103, 426; 1896, 439. (See 1882, 135; 1891, 170
§ 5; 1892, 178, 228; 1895, 491.)

Railroad companies nnist maintain crossings to give access to lands cut
oil by their road-beds. St. 1892, 171.

792 Changes ix the [Chap. 112.

Sects. 127, 169. The commissioners may forbid or regulate the occupa-
tion of street crossings. St. 1885, 110; 1890, 382; 1892, 228.

Sects. 128, 148, 160. Provision is made for examination of railroad
bridges. St. 1887, 334. And tracks, equipments, etc. St. 1894, 505.

Sects. 129-132 amended. St. 1885, 194; 1887, 295. (See 1882, 135.)

Sects. 129-134: P. S., ch. 51, applies to alterations of ways at railroad
crossings. St. 1884, 280. (See St. 1890, 428 § 12.)

Sect. 131 amended. St. 1885, 194 § 4; 1887, 295.

Sect. 138. Appeal provided from decision of the county commissioners.
St. 1882, 135. (See 1885, 194 § 6 ; 1890, 428 § 12; 1892, 171.)

Sect. 139. Clause forbidding branches within eight miles of the State
House is stricken out. St. 1884, 279. (See 1882, 265 § 4.)

Sect. 148. Railroad drawbridges over Charles river regulated. St.
1889,246; 1890,118. (See 1887, 334.)

Sects. 148-150. P^xtended to drawbridge over Fort Point channel in
Boston. St. 1893, 357.

Sect. 159. Frogs, switches and guard rails must be blocked to the
approval of the railroad commissioners. St. 1886, 120; 1894, 41.

Sect. 160. See St. 1887, 334.

Sect. 161. Provision made for interlocking or automatic signals at
railroad crossings. St. 1885, 85.

Sect. 163 et seg. The commissionei's may forbid or regulate locomotive
whistles at highway crossings. St. 1885, 334. (See 1890, 173.) And
may recommend chansjes in making up freight trains and sounding whistles.
St. 1891, 204. (Seel891, 129.)

At least three separate and distinct blasts of the whistle are required at
crossings. St. 1890, 173.

Sects. 164-166. The railroad commissioners may require gates, flags or
electric signals at highway crossings. St. 1883, 117; 1888, 240. And
signals at crossings above grade. St. 1891, 129. (See 1892, 228.)

Sect. 169 is extended to receivers and assignees of railroad corporations.
St. 1895, 173.

Sect. 170. Locomotive boilers must be tested St. 1882, 73.

Certain safety appliances are required on freight cars. St. 1884, 222 ;
1895, 362. (See 1886, 242; 1894, 59.)

Sect. 171. Additional tools and safeguards against fire required. St.
1882, 54. (See 1887, 362 ; 1891, 249.)

Sect. 172. The heating of passenger cars is regulated. St. 1887, 362;
1891, 249.

Sect. 179. The requirement of an examination for color blindness
every two years is repealed. St. 1883, 125.

Sect. 180. Interchangeable mileage tickets are required. St. 1892,
389. Extra fare paid on trains regulated. St. 1883, 32.

Sects. 181-183. Railroad corporations shall not require women or chil-
dren to ride in smoking cars. St. 1888, 176.

Sect. 188. Extended to freight charges. St. 1882, 225. (See 1882,
94.) And to express business on railroad and steamboat lines. St. 1894,
469.

Sects. 192-194 are revised. St. 1893, 210.

Chap. 113.] PUBLIC STATUTES. 79.^

Sect. 204. The maximum penalty for placing obstructions on railroad
tracks is increased. St. 1890, 332.

Sect. 205. The unlawful use, removal or tampering with tlie tools, etc.,
required to be carried ou passenger trains is made an offence. St. 1882,
54 § 2.

Sect. 206. See St. 1895, 318.

Sect. 207. AVord "electric" stricken out. St. 1884, 5.

Sect. 212. Employees are included under this section. St. 1883, 243.
They may sue for damages. St. 1887, 270 ; 1888, 155 ; 1892, 260 ; 1893,
359; 1894,499. (See 1888, 365 ; 1889,154; 1894, 469 §3; 1895,362
§ 7; 1896, 302.)

An action of tort may be brought against street railway corporations for
loss of life. St. 1886, 140.

Sect. 214 is amended. St. 1895, 293.

Sect. 216. See St. 1893, 142.

Sects. 223, 224. When their consent is required the commissioners may
regulate tracks at crossings by a railway for private use. St. 1890, 382.

Chapter 113. — Of Street Railway Companies.

Provision for extension of franchises of street railway companies. St.
1896, 501.

Provision for rapid transit in Boston and vicinity. St. 1893, 481 ; 1894,,
548; 1895, 440; 1896, 492. (See 1890, 368; 1891, 365; 1892, 424;
1896, 516.; • .

This chapter applies to companies using the cable system. St. 1886,
337 § 4.

Liability for injuries regulated. St. 1886, 140; 1887, 270; 1888, 155;
1892, 260.

Sti-eet railway companies may issue mortgage bonds in certain cases and
Pub. St., ch. 112 §§ 63-70, apply. St. 1889, 316 ; 1892, 192.

They may join relief societies of employees. St. 1890, 181. (See 1882,
244; 1886, 125; 1887, 270 § 6.)

May hold real estate for pleasure resorts in certain places. St. 1895,
316.

Conditional sales and leases of rolling stock regulated. St. 1894, 326.
Leases and consolidations must be approved by railroad commissioners.
St. 1894, 506.

Sect. 12. Clause as to proxy, etc., casting more than fifty votes re-
pealed. St. 1889, 210. (See 1888, 188 ; 1889, 222.)

Sects. 13-18. Further provisions made as to increase and reduction of
capital stock. St. 1886, 337 § 3 ; 1887, 366 ; 1890, 326 ; 1894, 462, 472,
476, 543; 1895, 316 § 3; 1896, 409. (See 1893, 315.)

Sect. 15 amended. St. 1887, 366 ; 1896, 409.

Sect. 16 repealed. St. 1893, 315. But see St. 1894, 472 § 3.

Sect. 19 et seq. See St. 1890, 368 ; 1894, 548, 550.

Sect. 22 extended to Massachusetts highway commission. St. 1896,
541.

Sect. 27 et seq. Children under ten shall not be permitted to enter cars
to sell newspapers, etc. St. 1889, 229.

794 Changes in the [Chaps. lu, 115.

Fenders and wheel guards provided for. St. 1895, 378. (See 1890,
364 ; 1891, 366.) And street railway police. St. 1895, 318.

Sect. 39. Cable system may be used. St. 1886, 337. (See 1887, 413
§ 4; 1888, 278.) Electric system authorized in Boston. St. 1887, 413
§ 4 ; 1890, 454 § 12. Meigs system may be used. St. 1890, 368 ; 1894,
548.

Sects. 40, 41. Street railways shall not cross railroads at grade unless
by consent of the railroad commissioners or special commissioners. St.
1895, 426. (See 1885, 110; 1890, 382; 1892, 228.)

Sect. 43. Railroad commissioners may require additional accommoda-
tions for the travelling public. St. 1891, 216. Shall require cars to be
heated at certain times. St. 1895, 136.

Sect. 46 et seq. See 1887, 413 ; 1890, 454. Free transfer checks may
not be discontinued without consent of railroad commissioners. St. 1894,
383.

Sect. 48 et seq. One company maj'^ not use tracks of another company
unless authorized by the railroad commissioners. St. 1888, 278. (See
1886, 337 § 2; 1887, 413; 1894, 506; 1896, 501.)

Sect. 58. Companies are required to contribute to expense of printing
and binding their annual returns. St. 1892, 254.

Sect. 63. Superior court given concurrent jurisdiction. St. 1891, 293.

Chapter 114. — Of Agricultiiral and Horticultural Societies.

Corporations organized under this chapter may be authorized to improve
public grounds. St. 1885, 157.

Provision is made for a bountj' for sugar from beets or sorghum cane.
St. 1883, 189. And for bounties to chartered poultry associations. St.
1895, 351.

"Arbor day" established. Res. 1886, 32.

Sect. 1. The restriction is modified. St. 1890, 297.

An agricultural society receiving a bounty can sell or mortgage its real
estate only on certain conditions. St. 1890, 274.

Sect. 2. Time of filing certificate changed. The board may require
other returns. St. 1891, 124.

Sect. 20 et seq. Entering or driving a horse that is disguised or differ-
ent from the one purported to be entered, etc., to compete for a purse or
premium is punishable. St. 1892, 167.

Provision made for assignment of police officers at exhibitions. St.
1892, 180.

Registration of pedigrees of horses used for breeding; purposes provided
for. St. 1890, 334. (See 1887, 143.)

Chapter 115. — Of Associations for Charitable, Educational and Other

Purposes.

Provision made for incorporation of labor and trade orajanizations. St.
1888, 134. (See 1892, 330.) And textile schools. St. 1895, 475.

And for formation of relief societies of railroad, steamboat and street
railway employees, in which the companies may join. Their funds are not
attachable. St. 1882, 244; 1886, 125; 1890, 181. (See 1887, 270 § 6.)

Chaps. 116, 117.] PuBLIO STATUTES. 795

The consolidation of masonic mutual relief associations is authorized.
St. 1887, 1-40.

The incorporation of clubs is regulated. St. 1890, 439 ; 1893, 226 ;
1894, 542. (See 1887, 206.)

No corporation organized for medical purposes under this chapter shall
confer degrees. St. 1883, 268. (See 1893, 355.)

The provisions of this chapter apply to churches incorporated under St.
1887, 404.

Sects. 2, 7. See St. 1896, 96.

Sect. 3. Increase of stock and par value of shares regulated. St. 1888,
177; 1890, 191. (See 1888, 429.)

Sects. 3-5. Corporations maybe formed for life and casualty insurance
on the assessment plan. St. 1890, 421 ; 1892, 435 ; 1894. 367 ; 1895, 104,
281, 340. (See 1885, 183 ; 1887, 214 §§ 2, 3 ; 1888, 429.)

Sects. 8-12 repealed, and law as to fraternal beneficiary oi'ganizations
revised. St. 1894, 367 ; 1895, 104, 281, 340 ; 1896, 102, 136. (See 1882,
195; 1885,183; 1887,140,214; 1888,429; 1890,341,400,421; 1891,
163; 1892, 40, 435; 1893, 47, 321, 418; 1894, 60, 328, 522 § 3.)

Chapter 116. — Of Savings Banks and Institutions for Savings.

This chapter is repealed and the laws relating to institutions for savings
are revised and consolidated. St. 1894, 317; 1895, 164; 1896, 178, 193,
231, 327, 361. (See 1882, 50, 77, 148, 200; 1883, 52, 127, 134, 248,
258; 1884, 72, 150, 168, 253; 1885, 92, 111, 124, 210, 348; 1886, 69, 77,
93, 176, 252, 300; 1887, 113, 196, 319; 1888, 40, 51, 53, 90, 96, 120,
127, 170, 213, 250 § 2, 301 § 6, 355 ; 1889, 77, 86, 88, 91, 161, 180, 305.
321, 449, 452; 1890, 44, 168, 222, 298,330, 369, 394, 406; 1891, 171,
403; 1892, 248; 1893, 174, 230, 254; 1896, 171.)

Provisions as to bonds of officers and employees. St. 1896, 361.

Additional expert and clerical assistance provided for. St. 1885, 66.

Chapter 117. —Of Co-operative Savings Fund, and Loan Associations.

The title of this chapter and name of associations changed to " Co-oper-
ative Banks." St. 1883, 98.

The business of co-operative banking is regulated. St. 1882, 251 ; 1883,
98; 1885, 121; 1887,216; 1889, 159, 452; 1890, 63,243,310; 1891,
403; 1894, 342; 1895, 171, 172; 1896, 277, 285, 286, 327, 361.

The business may not be carried on here in name of a co-operative bank
unless incorporated here. St. 1889, 452; 1896,286. (See 1890,310;
1891, 403.)

Provisions as to bonds of ofticers and employees. St. 1896, 361.

The capital stock, corporate franchise and personal estate of co-operative
banks are exempted from taxation. St. 1890, 63.

Sect. 1. The consent of the savings bank commissioners is required for
the formation of co-operative banks. St. 1890, 243.

Sect. 5. Co-operative banks must provide a guaranty fund. St. 1885,
121 § 2.

The limit of capital refers to the capital paid in on shares. St. 1887,
216 § 1.

796 ChAN-GES in the [Chaps. 118, 119.

Sect. 6. One person may be secretary and treasurer. St. 1885, 121 § 1.

Sect. 8. The mode of retiring shares is determined and their value.
St. 1887, 216 § 2. (See 1882, 251.)

Sect. 9. Before payment of matured shares, arrears and fines are to be
deducted. St. 1882, 251 § 1. Interest is allowed for all full mouths from
last adjustment. St. 1887, 216 § 5.

Sect. 10 is revised. St. 1896, 277. Interest may be bid instead of a
premium. St. 1882, 251 § 2.

Directoi's may loan money on shares of the corporation. St. 1890, 78.

Sect. 13 is amended and new provisions made as to the seeuritv. St.
1889, 159 § 1 ; 1894, 342. (See 1896, 277.)

Sect. 14. Provision for partial payments. St. 1887, 216 § 4.

Sect. 15. Fines limited. St. 1895, 172. Withdrawal value to be
ascertained at time of forfeiture, instead of time of default. St. 1896, 285.

Sect. 16 is revised. St. 1882, 251 § 1 ; 1885, 121 § 4.

Sect. 17. As to officers' bonds, see St. 1896, 361.

Sect. 18. See 1885, 121 § 2.

Sect. 20. See 1891, 403; 1896, 286.

Chapter 118. — Of Banks and Banking.

Foreign banking corporations doing business here shall indicate on their
signs, letter heads, etc., the name of the State or country iu which they are
chartered. St. 1890, 329.

The incorporation and conduct of safe deposit, loan and trust companies
are regulated. St. 1887, 89 ; 1888, 413 ; 1889, 442, 452 ; 1890, 315, 329 ;
1892, 327 ; 1893, 114 ; 1896, 423. (See 1896, 361.)

And of mortgage loan and investment companies. St. 1884, 330, 1888,
387; 1889,427,452; 1890,329; 1891,233,275,341 ; 1893,303; 1895,311.

A commissioner of foreign mortgage corporations is established. St.
1889, 427 ; 1891, 275 ; 1893, 303.

Time of presentment of bills and notes resjulated. St. 1894, 333 ; 1896,
496.

Sect. 30 et seq. Banking hours on Saturdays regulated. St. 1895, 201.

Chapter 119. — Of Insurance Companies and Insurance.

This chapter is repealed and the insurance laws revised and codified. St.
1894, 522 ; 1895, 46, 59, 81, 104, 159, 190, 263, 271, 366, 474 ; 1896, 124,
126, 137, 140, 171, 253, 290, 335, 402, 447, 448, 470, 515. (See 1882,
195; 1883, 33, 107, 126, 235, 258; 1884, 55, 58, 119, 120, 177, 178, 180,
217, 235, 296; 1885,183, 241, 300, 308, 354; 1886, 187, 222; 1887, 214,
283; 1888, 84, 141, 151, 154, 165; 1889, 356, 378; 1890, 26, 304; 1891,
195, 233, 289, 291, 368, 382 ; 1892, 47, 372 ; 1893, 54, 117, 224, 434 ; 1894,
19, 103, 120, 133, 137, 147, 225, 300, 381, 442 ; 1896, 178.)

Standard form of fire policy. St. 1894, 522 § 60; 1895, 59 §§ 3, 4.
(See 1896, 140.)

Employment of an actuary authorized. St. 1895, 81. And an examiner.
St. 1896, 335.

Certain veterans exempted from payment of fees for certificate to act as
insurance broker. St. 1895, 159.

Chaps. 120-124.] PuBLIC STATUTES. 797

No life policy shall be issued without previous examination by a regis-
tered physician. St. 1895, 366. (See 1894, 522 §§ 68-73.)

Disposal of certain unclaimed funds of insolvent companies regulated.
St. 1890, 330. (See 1883, 258 ; 1886, 300.)

Agents of domestic companies must be registered. St. 1895, 46.

Sect. 2. Salary of insurance commissioner established. St. 1890, 247.

Sects. 21, 38, 167. Moneys to be paid by life or casualty insurance
companies doing business on the assessment plan are made not attachable.
St. 1890, 421 § 23. (See 1885, 183 § 11 ; 1887, 214 § 73 ; 1892, 372.)

Sects. 117 to 130 apply to existing mutual marine and fire and marine
companies. St. 1894, 522 § 53.

Sect. 145. Life and casualty insurance on the assessment plan is regu-
lated. St. 1890, 421 ; 1892, 435 ; 1896, 515. (See 1885, 183.)

The organization and business of fraternal beueficary associations are
regulated. St. 1894, 367; 1895, 104, 281, 340; 1896, 102, 136. (See
1882, 195 ; 1885, 183 ; 1887, 140, 214 ; 1888, 429 ; 1890, 341, 400, 421 § 1 ;
1891, 163,233, 360 ; 1892, 40,201,435; 1893,47, 321,418; 1894,60,328,
522 § 3.)

Chapter 120. — Of the Alienation of Real Estate,

Sect. 1 et seq. The recording of an instrument affecting title is made
conclusive evidence of delivery. St. 1892, 256.

Form of execution and acknowledgment of deeds, etc., established.
St. 1894, 253 ; 1895, 460.

A conveyance otherwise valid shall be effectual notwithstanding disseizin
or adverse possession. St. 1891, 354.

Sect. 4. Office copies of records may be recorded in another county or
district where part of the land lies. St. 1889, 448.

A mortgage is declared invalid against an assignee in insolvency in cer-
tain cases. St. 1888, 393.

Sect. 6. Authority of magistrates out of the State must be properly
certified to. St. 1894, 253 § 3.

Sect. 15. Provision for construction of words impoi'ting a want or fail-
ure of issue. St. 1888, 273.

Sect. 19 et seq. Sale of estate subject to vested remainder may be
authorized. St. 1895, 183.

Additional provisions for appointment of guardians ad litem or next
friends of persons under disability, or not ascertained. St. 1896, 456.

Chapter 122. — Of Easements.

No right of way across a railroad location iu use for railroad purposes
shall be acquired by prescription. St. 1892, 275.

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

Sect. 1. Words " If his wife does not otherwise provide by will," in
sixth and seventh lines, and word " intestate," in eighth line, stricken out.
St. 1885, 255 ; 1887, 290.

Sect. 17 is amended. St. 1889, 234; 1894, 170.

798 Changes in the [Chaps, 125-130.

Chapter 125. — Of the Descent of Real Estate.

Sects. 3-5. See St. 1895, 427.

Sect. 4. If the mother also is dead, the estate deseeuds to the persons
entitled by inheritance through her. St. 1882, 132.

Chapter 126. — General Provisions concerning Real Estate.

Conditions or restrictions affecting title or use of real estate, unlimited
as to time, shall be cousti'ued as limited to thirty years, except in certain
cases. St. 1887, 418.

Provision made for proceedings to determine validity, nature and extent
of certain conditions, restrictions, etc., on real estate. St. 1889, 442;

1890, 427. (See 1882, 237; 1885, 283.)

Construction placed on words importing want or failure of issue. St.
1888, 273.

Sects. 5, 6. A conveyance or devise to a husband and wife creates a
tenancy in common unless otherwise expressed. St. 1885, 237.

Sect. 13 extended to judgments and decrees. St. 1892, 289.

Chapter 127. — Of Wills.

Sect. 7. See St. 1889, 435.

Sect. 8. Marriage shall act as a revocation, except in certain cases.
St. 1892, 118.

Sect. 26. See St. 1891, 354.
Sect. 33. See St. 1883, 223.
Sect. 34 repealed so far as it applies to probate courts. St. 1891, 415.

Chapter 129. — Of the Probate of "Wills and the Appointment of

Executors.

The probate of a will is made conclusive in certain cases after two vears.
St. 1889, 435.

Sects. 1, 2. Petitions for probate must be sworn to by petitioner. St.

1891, 414.

Sect. 5. See St. 1893, 379, as to Suffolk county.

Chapter 130. — Of the Appointment of Administrators.

Sects. 1, 2. Petitions for letters testamentary must be sworn to by
petitioner. St. 1891, 414.

Provisions made for granting administration without notice in certain
eases. St. 1885, 260. And to any suitable person. St. 1890, 265.

A decree of intestacy is made conclusive in certain cases after two years.
St. 1889, 435.

Sects. 2, 8. Administrators may be allowed to give bond without sure-
ties in certain cases. Failure to give a new bond when required shall be
considered a resignation. St. 1885, 274. (See 1893, 379.)

Sect. 4. Administration may be granted for cause upon particular
property more than twenty years after the person's death. St. 1889, 192.
(See 1885, 242.)

Chaps. 131-136.] PuBLIC STATUTES. 799

Sect. 9. Admiuisti-ator de bonis may be appointed to distribute un-
claimed funds. St. 1890, 408 § 2.

Sects. 10-17. Special administrator may be allowed to pay expenses
of executor in proving the will. St. 1884, 291. (See 1884, 131.)

Chapter 131. — Of Public Administrators.

Sect. 18. Time for presenting claims under this section limited. St.
1883, 264.

Chapter 132. — General Provisions relative to Executors and
Administrators.

Probate courts given jurisdiction in equity in administration of estates
of deceased persons. Proceedings regulated, St. 1891, 415.

Sects. 1-4. Provisions as to the proof of notice are revised. St. 1888,
148, 380 ; 1889, 315. (See 1888, 420.)

Sect, 6. One appraiser may be appointed when property is of small
value. St. 1896, 210.

Sects. 8, 13. No foreign executor or administrator shall receive his
letter until the appointment of resident agent is properly made. St. 1893,
118. (See 1890, 420.)

Chapter 134. — Of Sales and Mortgages of Real Estate by Executors

and Administrators.

Executors and administrators may be licensed to sell at private sale. St.
1886, 137.

Real estate appraised at $1,500 or less may be sold for purposes of dis-
tribution. St. 1890, 266.

Sect. 13. Change in method of proof of notice. St. 1888, 148, 380 ;
1889, 315. (See 1888, 420.)

Sect. 19 extended to intestate estates. St. 1895, 140.

Chapter 135. — Of Allowances to Widows and Children and of the
Distribution of the Estates of Intestates.

Sect. 3, cl. 3. When a married woman dies leaving issue, the husband
is entitled to one-half of the personal estate. St. 1882, 141.

Cl. 5. If intestate leaves a widow and no kindred, the widow is entitled
to the whole of the residue. St. 1885, 276.

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

Shares.

Certain payments made without order of court may be afterwards ap-
proved. St. 1894, 303.

Provision made for a State tax ef five per cent, on collateral legacies and
successions, and on grants to take effect after death of grantor in estates
exceeding S10,000. St. 1891, 425 ; 1892, 379 ; 1893, 432 ; 1895, 307, 430.

Sect. 19 et seg. "Where a legatee is a minor without a guardian, court
may order the legacv to be deposited in a savings bank under P. S., ch.
144 § 16. St. 1889,^185.

800 Changes in the [Chaps. 139-142.

Real estate appraised at $1,500 or less may be sold for distribution. St.
1890, 266.

Distribution of unclaimed funds may be ordered by the court in certain
cases. St. 1890, 408. And of legacies. St. 1895, 134.

Chapter 139. — Of Guardianships.

Additional provisions for appointment of guardians or next friends. St.
1896, 456.

Sects. 1-3. Certain corporations are authorized to be guardians of
minors. St. 1885, 362; 1890, 117.

Sects. 2-4. The probate court may require parents to contribute to
support of their minor children under guardianship. St. 1891, 358.

Sect. 16 is extended to married women who are minors. St. 1890, 259.

Sect. 29 et seq. Guardians residing out of tiie State must appoint an
agent here. P. S., 132 §§ 11-13, apply to them. St. 1889, 462; 1893,
118. (See 1890, 420; 1894, 128.)

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

Sect. 3. Guardian maybe licensed to lease the ward's real estate. St.
1894, 128.

Sect. 18 is extended to any interest in real estate. St. 1885, 258.

Chapter 141. — Of Trusts.

Probate courts have jurisdiction in equity over trusts created by will.
St. 1891, 415.

Sects. 4-11. Foreign trustees must have an agent here. The provi-
sions of P. S., ch. 132 §§ 11-13, apply. St. 1889,^462; 1893, 118. (See
1890, 420.)

Sect. 16 is revised. Trustee may be exempted from furnishing surety
on request of parties interested. St. 1891, 339.

Sect. 21. See St. 1896, 456.

Sect. 23 is extended to other improvements. St. 1889, 66.

Sect. 27 is extended to trusts created under any written instrument. St.
1892, 116.

Chapter 142. — General Provisions relative to Sales, Mortgages, Re-
leases, Compromises, etc., by Executors, Administrators, Guar-
dians and Trustees.

A foreign guardian or trustee must have an agent here. P. S., ch. 132
§§ 11-13, apply. St. 1889, 462 ; 1893, 118. (See 1890, 420 ; 1894, 128.)

Sect. 12. See St. 1893, 379.

Sect. 14 is extended to administrators with the will annexed. Those
claiming as legatees or devisees whose interests are affected are to be made
parties. St. 1889, 266.

Sect. 23 is extended. Defective acts or proceedings may be ratified or
confirmed. St. 1888, 420.

Provision in case of failure to prove notice of sale. St. 1889, 315. (See
1888, 148.)

Chaps. 143-145 ] PuBLIC STATUTES. 801

Chapter 143. — General Provisions relative to Bonds of Executors,
Administrators, Guardians and Trustees.

Fidelity insurance companies may act as sureties. St. 1894, 522 §§ 29, 61.
(See 1884, 296; 1885, 241 ; 1886, 233; 1887, 214 §§ 29, 61 ; 1893, 117.)

Sect. 10 et seq. Wife of a judge of probate may be defendant in a suit
on a bond given to him or his predecessor as such judge. St. 1896, 208.

Sect. 23. See St. 1893, 396 § 14.

Chapter 144. — Of the Accounts and Settlements of Executors, Admin-
istrators, Guardians and Trustees.

Certain payments made without order of the court may be approved.
St. 1894, 303.

Form of accounts regulated. St. 1895, 210.

Sect. 8. Money paid with the approval of the judge for procuring surety
on the bond may be allowed. St. 1886, 233. (See 1887, 214 §§ 29, 61.)

Bequests to executors in excess of a reasonable compensation are liable
to the State legacy tax. St. 1891, 425 § 3.

Sects. 13, 14 are revised. St. 1895, 288. (See 1889, 466.)

Sect. 16. Legacies to persons whose residence is unknown, and to
minors without guardians, may be deposited. St. 1885, 376 ; 1889, 185.
(See 1893, 379.) Also property of an absent person whose residence is
unknown in certain cases. St. 1894, 203.

The amount which may be deposited and draw interest is not limited.
St. 1889, 86, 449.

Provision is made for final distribution of deposits by the probate court
in certain cases. St. 1889, 449 § 2 ; 1890, 408.

Sects. 17, 18. Provision for guardians ad litem or next friends in cer-
tain cases. St. 1896, 456.

Chapter 145. — Of Marriage.

Sects. 4, 14. Marriages made in good faith, one of the parties believing
that a former husband or wife is dead or divorced, are made valid when the
impediment is removed and the children are legitimate. St. 1895, 427 ;
1896, 499.

Sect. 11 is extended to residence here for five years unless libellaut
removed here for the purpose. St. 1886, 36.

Sects. 11, 15. The superior court has exclusive original jurisdiction
under these sections. St. 1887, 332.

Sect. 16. The marriage of minors is regulated. St. 1894, 401, 409 § 4.
Additional provisions relative to notices and certificates. St. 1894, 409.

Sects. 22, 27. Duly authorized clergymen and licensed and certified
Israelitish rabbis may solemnize marriages anywhere in the State. St.
1894, 409 § 5 ; 1896, 306 § 4. (See 1893, 461.)

Sect. 24 The returns shall be preserved and arranged for reference.
St. 1887, 202 § 3.

Change made in form of record and returns. St. 1892, 300.

Sects. 25, 26 are revised. St. 1896, 306.

Sect. 31. See St. 1896, 445.

802 Changes in the [Chaps. 146-U8.

Chapter 146. —Of Divorce.

Provision is made for returns of statistics of divorce. St. 1882, 194.

Tlie superior court has exclusive original jurisdiction of all cases of
divorce and nullity and validity of marriages. St. 1887, 332.

Sect. 1. Divorce may be decreed for gi-oss and confirmed drunkenness
caused by the use of opium or other drugs. St. 1889, 447. And for any
legal cause, notwithstanding an absence which would raise a presumption
of death. St. 1884, 219.

Sect. 10. When adultery is charged the alleged particeps criminis may
contest. St. 1890, 370.

Sect. 19. All decrees shall become absolute after six months unless
court has otherwise ordered. St. 1893, 280. (See 1882, 223 ; 1893, 194.)

Sects. 42-44. Procuring a fraudulent divorce ; advertising, by one not
a member of the bar, the business of procuring divorces ; and unlawfully
issuing certificates of divorce, are made offences. St. 1886, 342 ; 1887,
320; 1891,59.

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

A wife has right of interment in any tomb or lot which her husband
owned during coverture. St. 1883, 262. (See 1885, 302 ; 1892, 165.)

Sect. 1. A wife cannot, without his written consent, destroy or impair
her husband's life estate in one-half her lands where there is no issue. St.
1889, 204. (See 1884, 301 ; 1885, 255 ; 1887, 290.)

Sect. 3 is revised. Nothing contained in the preceding section shall
authorize such transfer. St. 1884, 132.

Sect. 6 extended to the case where there is no issue, and exception is
made if the wife is living apart for cause approved by the court. St. 1885,
255; 1887, 290. (See 1884, 301.)

Sect. 16 et seq. Provision is made for a release of the curtesy by the
guardian of an insane husband. St. 1886, 245.

Sect. 20. The notice shall be such as the court may order. St. 1890, 105.

Sects. 31-33, 36. The probate court has exclusive original jurisdiction
under these sections and the appeal is to the superior court. St. 1887, 332
§§ 2, 3. (See 1882, 270; 1884, 210; 1885, 176; 1888, 290; 1893, 262;
1895, 116.)

Provision for receivers of estates of absent persons whose address is
unknown, having a wife or child dependent on them for support. St.
1894, 203.

Sect. 36. Probate courts may require parents to contribute to support
of children under guardianship. St. 1891, 358.

Chapter 148. — Of the Adoption of Children and the Change of

Names.

Adoption of pauper and illegitimate children regulated. St. 1891, 194 ;
1892, 318. (See 1882, 270 ; 1889, 309, 416.)

Sect. 3 is amended. St. 1886, 101 § 4.

Sects. 12-14, A list of names changed, ordered published. St. 1884,
249; 1893, 191.

Chaps. 150-152.] PuBLIC STATUTES. 803

Chapter 150. — Of the Supreme Judicial Court.

The care and custody of the Suffolk county court house is given to the
justices of the supreme judicial court. St. 1894, 453.

Sect. 5. See St. 1892, 435.

Exclusive original jurisdiction is given to the superior court in cases of
divorce and nullity of marriages. St. 1887, 332 § 1. Of capital crimes
St. 1891, 379. And of petitions for partition and writs of entry. St.
1892, 169.

Appeals on petitions under sections 31-33 and 36 of chapter 147 are to
superior court. St. 1887, 334 § 3. (See 1888, 290.)

Sect. 7. Questions for the full court may be heard in any county. St.
1892, 127.

Sect. 14. Further provisions in cases of frivolous appeals and excep-
tions. St. 1883, 223 § 15.

Sect. 16. When appeal or exceptions are not entered, the court below
may affirm the judgment. St. 1888, 94. (See 1882, 239; 1895, 153;
1896, 451.)

Sects. 18-20, 24, 26-29 repealed. St. 1891,379. (See St. 1893, 394.)

Sects. 21, 22, 23 and 25 are repealed. St. 1886, 339. (See 1891, 379.)

Sect. 30 et seg. Terms are abolished, return days changed and practice
further regulated. St. 1885, 384 ; 1886, 223 ; 1887, 383 ; 1890, 374, 420
§2; 1892,127,169; 1893,61. (See 1883, 223 ; 1884,316.)

The law term for Worcester is changed. St. 1885, 48. And for Bristol,
Dukes and Nantucket. St. 1891, 287.

Sect. 39. Salaries fixed and allowance made for travelling expenses.
St. 1892, 104. (See 1888, 274 § 1 ; 1892, 59 ; 1893, 327.)

Pensions are provided for. St. 1885, 162. And clerical assistance.
St. 1891, 89. (See 1893, 327.)

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

The equity jurisdiction is extended. St. 1884, 285 ; 1887, 380 ; 1891,
383 ; 1892, 435.

Sect. 2, cl. 11. See St. 1884, 285; 1887, 214 § 73.

Sects. 5-7. Practice regulated and forms established. St. 1883, 223 ;
1884, 316 ; 1885, 384 ; 1887, 383 ; 1893, 61. (See 1892, 289, 440 ; 1896,
426.)

Sect. 23. See St. 1885, 384 § 3 ; 1886, 223; 1892, 127; 1896, 413.

Sect. 27 amended. St. 'l895, 116. (See St. 1883, 223 § 16.)

Chapter 152. — Of the Superior Court.

Sect. 1. The number of justices is increased. St. 1896, 526. (See
1886, 31; 1888, 58; 1892, 271.)

Sect. 2. Provision for sessions by two or more justices in capital cases.
St. 1894, 204. (See 1891, 379.) And without a jury in certain actions
at law. St. 1891, 227.

Sects. 3-6. Jurisdiction is given in equity and practice regulated. St.
1883, 223 ; 1884, 304, 316 ; 1885, 384 ; 1887, 332, 380, 383 ; 1890, 154,

80J: Changes in the [Chap. 153.

374; 1891,227,362,383; 1892,435,440; 1893,61; 1895, 116. (See
1882, 239 ; 1887, 246 ; 1890, 398 ; 1896, 413, 426.)

Separate equity docket required in Middlesex and Suffolk. St. 1892,
440.

Exclusive orio-inal jurisdiction given in causes of divorce and nullity of
marriage. St. f887, 332 § 1. (See 1894, 409 § 7 ; 1895, 116.) And of
capital crimes. St. 1891, 379 ; 1894, 204. (See St. 1893, 324, 365, 394.)
And of petitions for partition and writs of entry. St. 1892, 169.

Jurisdiction is given of certain appeals from the probate courts. St.

1887, 332 § 3. (See 1888, 290; 1895, 116. ) And of claims against the
Commonwealth. St. 1887, 246.

Sects. 7, 8. The right to remove actions and petitions for partition
under these sections is taken away. St. 1892, 169. (See 1885, 384
§14.)

Sect. 11 repealed. St. 1892, 105.

Sect. 17. Changes in sessions: Barnstable; St. 1891, 175. Bristol;

1888, 314; 1891, 287 § 2. Dukes ; 1889, 308. Essex ; 1896, 412. (See
1885, 191; 1889, 461; 1895, 256.) Franklin; 1889, 327. Hampden;
1885, 27. Middlesex; 1892, 391. Norfolk; 1889, 287. Worcester;
1894, 118, 169.

Provision for speedy trials in Suffolk in certain cases. St. 1894, 283,
547.

Sect. 18. Changes in adjourned sessions: Essex; St. 1889, 461.
Plymouth; 1885, 134.

Terms are abolished and return days changed. St. 1885, 384.

Petitions for damages for land taken by any town in Nantucket or Dukes
may be brought in Bristol. St. 1887, 50. (See 1885, 384 § 1.)

Sect. 24 is repealed. St. 1887, 183.

Sect. 28. Provision made for pensions. St. 1887, 420.

Salaries are fixed and allowance made for travelling expenses. St. 1892,
328. (See 1882, 205; 1888, 274; 1892, 59.)

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

Justice may order clerk to issue processes in cases pending in another
county. 1886, 223. (See 1896, 413.)

Sect. 3. See St. 1886, 224.

Sect. 4. The superior court may regulate publication and distribution
of trial lists. St. 1896, 401. (See 1889, 459 ; 1896, 413.)

Provision made for agreements to postpone, etc., cases on the trial lists.
St 1884, 304; 1890, 154. (See 1889, 459; 1890, 420, 451.)

Sects. 6-8. See St. 1891, 227.

Sect. 8. Time for filing exceptions extended. Presiding justice may
require a transcript of the evidence and instructions to the jury. St. 1895,
153; 1896.451. (See 1888, 94.)

Sects. 10, 13. Provisions for proving exceptions when the disability
or death of the justice prevents his signing them. St. 1894, 412. (See
1882 239 ^

Sect. 12 repealed. St. 1895, 469 § 4. (vSee 1891, 362.)

Chap. 154.] PuBLIC STATUTES. 805

Sect. 15. Clerks shall furnish to the attorney-general printed copies of
exceptions and reports in cases in which the Commonwealth is interested.
St. 1890, 374. Or in which the attorney-general appears for the Common-
wealth. St. 1895, 372.

Sect. 22. See St. 189(3, 413.

Sect. 23. The original vouchers or bills must be delivered with the
orders. St. 1890, 206. (See 1890, 204.)

Chapter 154. — Of the Police, District and. Municipal Courts.

The laws relating to district and police courts are revised and consoli-
dated. St. 1893, 3^96 ; 1894, 142, 173, 398, 431 ; 1895, 245 ; 1896, 220.
(See 1882, 95; 1884, 188; 1885, 45, 132, 149,322; 1887,293; 1888,
180, 285, 352, 415 ; 1890, 225, 256, 359, 440 § 10 ; 1892, 148, 268 ; 1893,
385.)

Provision made for hearings before all the justices. St. 1894, 173;
1896, 220.

Payment of interpreters and of witnesses from without the Commonwealth
allowed in criminal cases. St. 1893, 385.

Sects. 1, 2. Police and district courts are established, as follows : First
and second, of Barnstable ; St. 1890, 177. Fourth, Berkshire ; St. 1895, 176.
Brockton ; St. 1885, 155. Brookline ; St. 1882, 233. East Boston, dis-
trict; St. 1886, 15. Second, Essex; St. 1888,193. Franklin; St. 1896,
353. Western Hampden; St. 1886, 190. Hampshire; St. 1882, 227.
Marlborough; St. 1882, 233. Third and fourth, eastern Middlesex; St.
1882, 233. Southern Norfolk ; St. 1891, 273. First, northern Worcester ;
St. 1884, 215.

Sect. 2. Courts abolished: East Boston, municipal; St. 1886, 15.
Cambridge, police; St. 1882, 233. First, Plymouth; St. 1885, 155.

Judicial districts changed : Northern Berkshire ; St. 1895, 176. Brock-
ton ; St. 1887, 322. East Boston ; 1882, 146. (See 1886, 15.) Glouces-
ter ; 1888, 249; First, eastern Middlesex; 1888, 59. Fourth, eastern
Middlesex; 1888,59; 1889,312. First, southern Middlesex ; 1882,169.
Central and second, eastern Worcester. St. 1896, 240.

Sects. 4, 25. See St. 1882, 43; 1885, 132; 1893, 396 § 63.

Sects. 5, 6. Clerks given : First, Berkshire ; St. 1895, 176. Southern
Berkshire; St. 1886, 333. (See 1884, 231.) Brookline; 1888, 60. Chel-
sea; 1882, 176. Chicopee; 1891, 78. Eastern Hampden; 1896, 337.
Hampshire ; 1883, 80. Lowell (assistant) ; 1889, 152. Second, eastern
Middlesex; 1883, 97.

Clerical assistance allowed: Second, Bristol; St. 1889, 62. Lowell;
St. 1888, 246; 1889, 152. First, eastern Middlesex; St. 1889, 317.-
Third, eastern Middlesex; 1893, 370. Springfield; 1896, 331. Central
Worcester ; 1895, 260.

Clerks and justices of courts having no clerks must deposit public moneys
beyond what is required for immediate use. St. 1890, 215. (See 1890,
204.)

Sect. 8. See St. 1888, 352 ; 1893, 396 § 67.

Sect. 11. See St. 1885, 149,322; 1887,293; 1892, 188 § 5 ; 1893,
172 § 4; 1893, 396 §§ 34-43.

806 Changes in the [Chap. loi.

Jurisdictiou given in naturalization proceedings. St. 1885, 345 ; 1886,
45, 203 ; 1891, 180, 419 ; 1892, 348.

Sects. 11-22. See St. 1893, 396 §§ 12, 34-43.

Sect. 23. Sessions changed : Northern Berkshire ; St. 1884, 266.
Hampsliire; St. 1883, 75 ; 1889,122. (See 1882, 227 ; 1883,80.) First,
eastern Middlesex ; St. 1893, 350. Northern Worcester ; 1888, 212.

Sects. 23, 25. See St. 1884, 188 ; 1893, 396 § 56.

Sect. 24 extended. Certification and audit of expenses regulated. St.
1890, 440 § 11 ; 1891, 70. (See 1893, 396 § 9.)

Sect. 25. See St. 1892, 268 ; 1893, 396 § 55.

Sect. 26. Travelling expenses allowed to special justice in Hampshire.
St. 1884, 205. (See 1885, 40.)

Sect. 27 et seq. See St. 1886, 13 ; 1888, 285, 415 ; 1890, 359 ; 1893,
396 §§ 46, 59, 64.

Sect. 30. Fac-simile of clerk's signature may be used on certain jiroc-
esses. St. 1886, 13. (See 1885, 321 ; 1893, 396 § 64.)

Sects. 34, 35. A controller of accounts is provided for, and method
of accounting regulated. St. 1887, 438; 1888, 275 ; 1890, 204, 216, 380,
440; 1893, 257, 270; 1894, 183; 1895, 143; 1896, 128. (See 1886, 169.)

Funds not required for immediate use must be deposited. St. 1890,
215.

Apportionment of fines to informers in certain cases. St. 1891, 416.
(See 1890, 440 § 5.)

Sect. 36. Payment of witness fees regulated. St. 1888, 180; 1890,
440 § 8 ; 1891, 392 ; 1893, 396 § 9. (See 1893, 385.)

Sect. 37. Fees and costs are regulated in certain cases. St. 1890, 256,
353, 440 ; 1891, 70, 325 ; 1892, 200. (See 1892, 231, 268 ; 1893, 385.)

Sect. 38. No court fees shall be allowed or taxed in criminal cases.
St. 1890, 256. Bond to be examined annually by controller of county
accounts. St. 1893, 257.

Sect. 39 et seq. Appeals regulated. St. 1893, 396 §§ 24-32. (See

1882, 95 ; 1890, 224, 440 § 10.)

Sect. 42 et seq. The justices may act for each other in certain cases.
St. 1882, 43. (See 1885, 132.) May sentence or commit to house of
industry instead of to house of correction or jail. St. 1895, 224.

St. 1893, 396, applies to these courts, except the municipal court. St.
1894, 431. (See 1894, 142, 173, 398.)

The municipal court of East Boston is abolished, and East Boston dis-
trict court established. St. 1886, 15. (See 1882, 146.)

Clerks and clerical assistance provided for: East Boston; St. 1886, 15.
South Boston ; 1887, 327. Brighton ; 1894, 363. Charlestown ; 1889,
206. Dorchester; 1885, 79. West Roxbury ; 1887, 274.

S-ECT. 55. Number of justices increased. St. 1882, 41 ; 1888, 419 § 11 ;

1894, 308; 1896, 234.

Sect. 57. Two special justices. St. 1896, 2.34.

Sect. 58. Assistant clerks and clerical assistance provided for. St.

1883, 47 ; 1885, 42 § 2, 137 § 2 ; 1888, 419 § 13 ; 1889, 170 ; 1893, 371 ;

1895, 125.

Sects. 59, 60. Jurisdiction extended. St. 1894, 431 § 2.

Chap. 154.] PuBLIC STATUTES. 807

Sect. 62. Additional sessions b}^ special justice provided for. St. 1885,
42 § 1 . When he acts he must state in the record the fact which gives him
jurisdiction. St. 1892, 268.

Sect. 63 revised. St. 1895, 457.

Sect. 64. Salaries of justices fixed : First and second Barnstable ; St.
1890, 177. Central Berkshire ; 1887, 190. Northern Berkshire ; 1887, 61.
(See 1884, 266 § 3.) Southern Berkshire; 1884, 231. Boston; 1887,
163. (See 1882, 41 § 2.) East Boston; 1892, 100. (See 1886, 15.)
South Boston ; 1889, 242. Brighton ; 1885, 49. First Bristol ; 1889, 261.
(See 1884, 220.) Second Bristol; 1891, 108. Third Bristol; 1889, 54.
Brockton; 1885, 155. Brookline ; 1884, 211. (See 1882, 233 § 6.)
Charlestown; 1891, 160. (See 1889,227.) Chelsea ; 1894, 470. Dor-
chester; 1885, 79. First Essex; 1882,245. Second Essex ; 1888, 193.
Fitchburg; 1889, 97. Franklin ; 1896, 353. (See 1882, 245.) Glouces-
ter ; 1888, 234. Eastern Hampden ; 1889, 130. Western Hampden ; 1886,
190. Hampshire; 1883, 75. (See 1882, 227; 1883, 80; 1884, 205.)
Haverhill ; 1882, 245. Holyoke ; 1886, 151. Lawrence ; 1893, 479. (See

1888, 110.) Lee; 1894, 373. Lowell; 1893, 479. (See 1886, 307.)
Lynn ; 1891, 162. (See 1886, 154.) Marlborough ; 1892, 93. (See 1882,
233.) Central Middlesex; 1890, 238. First e^astern Middlesex; 1893,
479. (See 1882, 245 ; 1886, 166.) Second eastern Middlesex ; 1886, 123.
(See 1882, 245.) Third eastern Middlesex; 1882, 233. Fourth eastern
Middlesex; 1893, 479. (See 1882, 233.) First northern Middlesex;

1889, 198. First southern Middlesex; 1889, 12. Newburyport ; 1882,
245. Newton; 1893, 479. (See 1890, 93.) East Norfolk; 1889, 263.
Southern Norfolk ; 1891, 273. Third Plymouth ; 1894, 321. Fourth Plym-
outh ; 1889, 281. Roxbury ; 1889, 217. West Roxbury ; 1883, 111. Somer-
ville; 1891, 161. (See 1882, 245; 1887, 180.) Springfield; 1887, 171.
Central Worcester; 1888,50. First eastern Worcester ; 1884,208. Sec-
ond eastern Worcester ; 1889, 158. (See 1882, 245.) First northern
Worcester; 1893, 479. (See 1884, 215 § 4.) First southern Worcester;

1890, 131. Second southern Worcester; 1888, 173. Third southern
Worcester ; 1882, 245.

Salaries of clerks fixed : Central Berkshire ; 1893, 479. (See 1882, 245.)
Northern Berkshire ; 1888, 89. (See 1887, 61.) Southern Berkshire ; 1894,
374. (See 1884, 231 ; 1886, 333 § 4 ; 1887, 227.) Boston, civil; 1882,
245. First assistant; 1889, 39. Second assistant; 1889, 143. Third
assistant; 1892, 58. (See 1889, 170.) Criminal clerk and assistant;
1893, 479. (See 1882, 245; 1885, 137.) East Boston; 1886, 15. (See
1882, 245.) South Boston; 1882, 245. Assistant, 1894, 379. (See
1887, 327.) Brighton; 1894, 363. First Bristol ; 1889, 261. Second
Bristol ; see 1889, 62. Third Bristol ; 1893, 479. (See 1889, 41.) Brock-
ton ; 1895,500. (See 1885, 155.) Brookline; 1888,60. Charlestown;
1887, 175. (See 1889, 206.) Chelsea; 1894, 470. (See 1882, 176;
1884, 197; 1887, 117.) Chicopee ; 1891, 78. Dorchester; 1893, 479.
(See 1885,79; 1886, 124.) First Essex ; 1882,245. Fitchburg; 1891,
71. (See 1882, 245; 1889, 289.) Franklin; 1896, 353. Gloucester;
1888,235. (See 1883, 53.) Eastern Hampden; 1896, 337. Western
Hampden; 1893,479. (See 1886, 190; 1888, 88.) Hampshire; 1893,

808 ■ Changes in the [Chap. 155.

479. (See 1883,80; 188G, 106.) Haverhill ; 1888, 55. (See 1882, 245.)
Holyoke; 1887, 318. (See 1884, 65.) Lawreuce ; 1893, 479. (See
1887,208) Lowell; 1893,479. (See 1886, 307.) Assistant ; 1889, 152.
(See 1882, 63; 1888,246.) Lyun ; 1893,479. Marlborough; 1892,93.
(See 1882, 233; 1889,19.) First eastern Middlesex ; 1893, 479. (See
1882, 87, 245; 1886, 167.) Assistant; 1894, 65. (See 1889, 317.)
Second eastern Middlesex; 1894, 336. (See 1883, 97; 1885, 180; 1888,
233; 1891, 107.) Third eastern Middlesex; 1886, 165. (See 1882, 233;
1893, 370.) Fourth eastern Middlesex; 1893,479. (See 1882, 233;
1887,174.) First northern Middlesex; 1888,214. First southern Mid-
dlesex ; 1886, 156. Newburyport; 1889,277. (See 1882, 245.) Newton;
1893, 479. (See 1886, 158.) East Norfolk; 1893, 479. (See 1888, 54.)
Southern Norfolk; 1891,273. First Plymouth; 1883,57. (See 1885,
155.) Third Plymouth; 1889, 137. Fourth Plymouth ; 1891, 190. (See
1884,204.) Roxbury, clerk; 1893, 479. Assistant; 1889, 239. (See
1882, 245.) Somerville; 1887, 265. (See 1882, 245.) Springfield;
1889, 28. (See 1886, 155.) West Roxbury ; 1893,479. (See 1887,
274; 1889, 92.) Central Worcester; 1889,83. Assistant; 1893, 479.
(See 1882, 245 ; 1888, 184 ; 1895, 260.) Second eastern Worcester ; 1889,
218. (See 1882, 245.) First northern Worcester; 1885, 286. (See
1884, 215 § 4.)

Compensation of special justices snxd pro tempore clerks regulated. St.
1893, 396 §§ 66, 67 ; 1894, 142, 173 § 2 ; 1895 ; 245. (See 1888, 352.)

Salaries of constables in attendance fixed: Boston, civil; St. 1886, 130.
Criminal; 1888, 195. (See 1886, 130; 1895, 457.) Brighton; 1886, 148.
Charlestown; 1886, 136. East Boston and South Boston; 1882, 245.
Roxbury ; 1889, 174. West Roxbury ; 1886, 148.

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

The laws relating to district and police courts are revised and consoli-
dated. St. 1893, 396 ; 1894, 398.

Women who are appointed special commissioners shall have same powers
as justices of the peace in certain cases. St. 1889, 197 ; 1896, 476. (See
1882, 139 ; 1883, 252.)

Sect. 3. Justices may summon witnesses in civil cases. St. 1885, 141.
(See 1884, 247.)

Sect. 4. Power of justices to issue warrants modified. St. 1884, 286.
(See 1884, 191.)

Sect. 10. In Dukes county three trial justices. St. 1892, 408.

Sect. 12 et seq. Execution may run into any county. St. 1895, 380.

Sect. 17 et seq. No original writ shall be returnable more than sixty
days from date. St. 1892^ 148 ; 1893, 396 § 17.

Provision is made for preservation of records, etc., of trial justices. St.
1888, 211.

Sect. 21. In case of failure to attend an adjourned hearing another
justice may act in certain cases. St. 1883, 175. (See 1890, 202.)

Sects. 24-26. Bond required instead of recognizance before removal.
St. 1888, 325. These sections shall not apply to actions before district
and police courts. St. 1893, 396 § 21.

Chap. 156.] PUBLIC STATUTES. 809

Sect. 28. Appeal is to be entered at next return clay. St. 1885, 384 § 5.

Sect. 29 et seq. No bond, recognizance or deposit required in a replevin
suit. St. 1890, 224. (See 1882, 95; 1893, 39G § 29.) Nor on an appeal
by a countv or a municipal corporation. St. 1896, 355.

Sects. 37, 38. See St. 1890, 202.

Sects. 40, 41. See St. 1888, 211.

Sect. 42. See St. 1895, 380.

Sect. 43 et seq. Jurisdiction of trial justices extended. St. 1885, 149,
356; 1892, 160, 188 § 5 ; 1893, 172 § 4. (See 1893, 414; 1894, 505.)
Payment of interpreters and of witnesses from without the State allowed in
criminal cases. St. 1893, 385.

Form of warrants for commitment for non-payment of fines modified.
St. 1891, 416.

Sect. 44. See St. 1893, 396 § 46.

Sect. 49. Commitments of children under twelve restricted. St. 1882,
127.

Costs regulated in certain cases. St. 1889, 469. (See 1893, 385.)

Sect. 62. See St. 1894, 505.

Sects. 63, 65. Appellant must pay the jailer's fees in certain cases.
St. 1890, 328.

Sects. 67 et seq., 74, 75. Provision made for completion of unfinished
business before trial justices. St. 1890, 202. (See 1883, 175.)

Sect. 68. Commitments for contempt may be to any jail. St. 1886,
224.

Sects. 69, 77 et seq. Provision made for uniform dockets and blanks
except in certain cases. St. 1888, 285. (See 1893, 396 § 59.)

Sect. 76. Bond to be examined annually by controller of county ac-
counts. St. 1893, 257.

Sect. 78 repealed. Payments and accounting regulated. St. 1887, 438 :
1890, 204, 215, 216, 440; 1891, 70, 325, 416; 1893, 270, 385. (See
1886, 169 ; 1888, 275.)

Chapter 156. — Of Probate Courts.

Uniform rules of practice and blanks are provided for. St. 1893, 372.
(See 1890, 420 § 2. Res. 1893, 23.)

Form of accounts regulated. St. 1895, 210.

Judges may act for or assist each other. St. 1892, 337; 1894, 377.
(See 1896, 316.) An additional judge is provided for in Suffolk. St.
1893, 379. And in Middlesex. St. 1894, 527.

Probate courts may appoint auditors to examine accounts. St. 1889,
311.

Any act or proceeding within the power of the court in the first instance
may be confirmed. St. 1888, 420.

The probate of a will, or a determination of intestacy, is made conclusive
in certain cases after two years. St. 1889, 435.

Disposition of certain moneys unclaimed or not payable regulated. St.
1885, 376; 1889, 185, 449 § 2 ; 1890, 408. (See 1893, 379.)

Attorneys may appear in probate proceedings, and process and notices
may be served on them as if upon the parties. St. 1890, 420 § 1.

810 ChAN^GES in the [Chap. 157.

Sect. 2. Jurisdiction extended. St. 1887, 332 § 2; 1891, 415, 425
§ 14; 1892, 11(3; 1894, 164, 536. (See 1891, 358; 1894, 128, 203, 303,
401 ; 1896, 210, 456.)

Sects. 5-11. Appeals in certain cases regulated. St. 1887, 332 § 3;
1888, 290; 1890, 261 § 3 ; 1891, 415 § 3; 1895, 116.

Sects. 7, 8 amended. St. 1888, 290.

Sects. 9, 13 amended. The superior court is to act in certain cases.
St. 1890, 261. (See 1891, 415.)

Sect. 22. See St. 1890, 420; 1893, 372. Provision for a constable to
attend the court in Suffolk. St. 1884, 140; 1894, 66. (See 1887, 156.)
And in Middlesex. St. 1895, 246 § 1.

Sects. 27,28. Provision for rearranging worn records and dockets. St.
1891, 225.

Sect. 32. See St. 1885, 376 ; 1889, 185 ; 1890, 408; 1893, 379.

Sect. 35. Expenses may also be awarded. St. 1884, 131. (See 1884,
291.)

Sect. 44. Limit of expense changed. St. 1893, 422. (See 1884, 118;
1887, 217.)

Sect. 45. See St. 1886, 224.

Sect. 48. Provision made for cases of holidays. St. 1884, 141.

Courts shall always be open for matters in equity, hearings, contempt
proceedings and for making orders and decrees in such matters, except on
legal holidays. St. 1895, 215.

Changes in sessions: Barnstable; St. 1893, 343. Franklin, 1887, 46.
Hampden; 1884, 294. Hampshire; 1886, 145. Middlesex; 1889, 182.
Plymouth; 1887, 63; 1889, 269. (See 1889, 237.) Suffolk; 1892, 202.
(See 1893, 379.) Worcester; 1893,348.

Chapter 157. — Of Courts of Insolvency.

Petition may be brought in countv where debtor had a usual place of
business. St. 1893, 405.

Attorneys may appear and be served with notices and process. St.
1890, 420 § 1.

Jurisdiction in equity given in insolvency cases. St. 1894, 164.

Uniform rules of practice provided for. St. 1893, 372.

Two judges in Suffolk. St 1893,379. And in Middlesex. St. 1894,527.

Composition with creditors provided for and regulated. St. 1884, 236 ;
1885, 353 ; 1889, 406 ; 1890, 387 ; 1895, 394 §4. (See 1886, 322 ; 1888, 405.)

Provision made for special judgments against insolvent debtors whose
property is under attachment or brought within the control of the court.
St. 1885, 59 ; 1892, 209. And where bond to dissolve attachment or pros-
ecute review is given, and debtor discharged in composition proceedings.
St. 1888, 405 ; 1895, 234 § 4. Sureties'on boud to dissolve attachment
of property of an insolvent debtor are released by the discharge of the
debtor in insolvency. St. 1889, 470.

Voluntary assignments are authorized and proceedings regulated. St.
1887, 340. "

Sect. 3. Courts shall always be open for certain purposes except on
legal holidays. St. 1895, 215'

Chap. 158.J PuBLIC STATUTES. 811

Sect. 5. Commitments for contempt may be made to any jail. St.
1886, 224.

Sect. 15. See St. 1894, 164.

Sect. 16. See St. 1893, 405 § 1.

Sects. 19, 93. Accidental delay or omission to file schedules not to
■defeat discharge. St. 1886, 290. Nor failure to keep proper books in
certain cases, St. 1894, 496.

Sect. 26. Equitable liabilities may be proved. St. 1884, 293.

Sects. 36-38. See St. 1889, 420.

Sects. 36, 91. Appeal is to be entered on next return day. St. 1885, 384 § 5.

Sect. 40. Non-resident assionees must appoint a resident agent. St.
1889, 313; 1893, 118. (See 18^90, 420.)

Sect. 46. Voluntary assignments are valid against an assignee in insol-
vency, subsequeutly appointed, in certain cases. St. 1887, 340.

A mortgage, if recorded more than four months after its date, is not good
against assignee in certain cases. St. 1888, 393.

Sects- 64-66. Provision made for case of death of assignee after dis-
posal of property and before settlement of accounts. St. 1891, 400.

Sect. 70. Fees of witnesses regulated. St. 1890, 277.

Sect. 84. No claim against a pledgee, created by an unauthorized sale
•of the collateral security, shall be discharged. St. 1885, 353 § 6. (See

1884, 236 § 9.)

Sect. 93 amended b}" omitting the clause making the giving of preferences
an objection to a discharge. St. 1886, 322. (See 1886, 290 ; 1894, 496.)

Sect. 96 et seq. A pledge or payment of a reasonable sum for legal
services may be allowed. St. 1889, 420.

Sect. 99. If the debtor does not apply, the court may make an allow-
ance to his wife or minor children. St. 1888, 67.

Sect. 102. Accounts must be sworn to. St. 1884, 126.

Sect. 103. Provision made for investment of unclaimed dividends.
St. 1883, 242.

Sect. 112 is revised. St. 1895, 209. (See 1890, 431 ; 1893, 405 § 2 ;
1894, 261.)

Sect. 115 is revised. St. 1894, 139.

Sect. 116 amended. St. 1893, 405 § 3.

Sect. 120 repealed and a substitute passed. St. 1894, 30. (See 1893,
405 § 4.)

Sects. 127-130, 136. Provision made for insolvency proceedings by and
against certain foreign corporations. St. 1890, 321.

Sects. 137, 138 are repealed and fees established. St. 1895} 394. (See

1885, 353 § 4 ; 1889, 417 ; 1892, 359.)

Sect. 139 amended. Provable costs, expenses, etc., limited. St. 1892,
359. (See 1895, 394.)

Chapter 158. — Of Judges and Registers of Probate.

Judges may act for or assist each other. St. 1892, 337; 1894, 377.
Two judges in Suffolk. St. 1893, 379. And in Middlesex. St. 1894, 527.

Register's accounts regulated. St. 1894, 183. (See 1887, 438 ; 1888,
275 ; 1890, 216, 306 ; 1893, 270.)

812 Changes in the [Chap. 159.

Sect. 8. Registers shall send to the State treasurer copy of inventory
of estates subject to a collateral succession tax. St. 1891, 425 § 10.

Sect. 10. Powers of registers enlarged. St. 1894, 199.

Sect. 23. Salaries of judges in all the counties fixed. St. 1893, 4G9.
(See as to Barnstable ; St. 1887, 1G6. Berkshire; 1884, 192. Bristol,
1885, 165 ; 1889, 211. Dukes ; 1885, 318. Essex ; 1883, 244 ; 1888, 112.
Middlesex; 1882, 129; 1886, 184; 1889, 251. Nantucket; 1890, 115.
Norfolk; 1887, 72. Plymouth; 1886, 183. Suffolk; 1885, 203; 1893^
379. Worcester; 1885, 275.) Subsequent changes: Hampden; 1894,
352. Middlesex, Junior; 1894, 527.

Salaries of registers and assistant registers fixed. St. 1893, 469. (See
as to Berkshire ; St. 1884, 192. Essex; 1887,273. Franklin, assistant ;,
1893, 151. Hampden; 1884, 248. Middlesex; 1887, 259; 1891, 318.
Suffolk; 1882, 144; 1891, 91. Worcester; 1888, 152.)

Sects. 23, 24. Allowance made for clerical assistance : Bristol ; St.-
1889,136. Essex; 1886, 114 ; 1895, 174. Hampden ; 1896, 219. Mid-
dlesex ; 1890, 192 ; 1893, 344 ; 1895, 459. Plymouth ; 1894, 322. Suffolk ;
1885, 205 ; 1888, 280 ; 1889, 418 ; 1892, 230 ; 1893, 431 ; 1895, 364.
Worcester ; 1887, 39 ; 1889, 209 ; 1894, 259. And for travelling expenses
in certain cases. St. 1896, 316.

Sect. 24 shall not apply to Suffolk. St. 1885, 205 § 2. Or to Frank-
lin. St. 1893, 151 § 2.

Chapter 159. — Of Clerks, Attorneys and Other OflScers of Judicial

Courts.

Sects. 2, 5, 31. Clerical assistance provided for. St. 1893, 327 ; 1894, 136.

Sect. 3. Clerk shall forward to attorney-general copies of exceptions
and reports incases in which he appears for the Commonwealth. St. 1890,
374; 1895, 372.

Sect. 4. Fac-simile of clerk's signature may be used on all processes
except executions. St. 1886, 13.

Sect. 5. Clerk must deposit moneys not immediately needed. St.
1890, 215.

Sect. 6. When clerk is absent, county commissioners shall appoint one
of their number clerk pro tempore, who shall be sworn. St. 1890, 198.
In counties where there is no assistant clerk of courts, they may appoint a
clerk pro tern, who may be a woman. St. 1896, 384.

Sects. 8, 9, 31. Additional assistants given: Essex; St. 1889, 444.
Middlesex; (2d) 1889,11; (3d) 1896,218. Suffolk; 1888, 153 (3d) ;
1889, 50 (4th) ; 1892, 87 (5th) ; 1895, 251 (equity) ; 1895, 393, 480
(6th). (See 1896, 413.) Signatures of assistants regulated. St. 1889,
215; 1895, 251.

Sect. 13. Return of oath required. St. 1894, 228.

Sect. 14. Bouds to be examined annually by controller of county ac-
counts. St. 1893, 257.

Sects. 27, 28. Accounting for fees, etc., regulated. St. 1887, 291,
438; 1888,257; 1890,209,215,216; 1891,87,236. (See 1890, 360.)

Clerks must deposit public funds beyond what are required for immediate
use. St. 1890, 215. Certain unclaimed funds are to be paid to the treas-
urer of the Commonwealth. St. 1890, 330.

€HAr. iGO.] Public Statutes. 813

Sects. 29, 31. Salaries changed; Clerks: Supreme judicial court, Suf-
folk; St. 1887, 291. Superior court, Barnstable ; 1892, 95. Dukes; 1887,
112. Berkshire, Bristol, Essex, Franklin, Hampden, Hampshire, Middle-
sex, Nantucket, Norfolk, Pl^'mouth, Suffolk and Worcester; 1888, 257.
Assistant clerks: Middlesex; (1st and 2d) 1892, 187; (3d) 1896, 218.
Suffolk; 1885,250; 1893,153,190. Worcester; 1891,92. (See 1889,
11 ; 1890, 201 ; 1895, 251, 393, 480.)

Sect. 34 et seq. Women may be admitted to practise. St. 1882, 139.
(See 1883, 252; 1889, 197; 189G, 476.)

The fee for admission to the bar is fixed. St. 1888, 257 § 5.

Sects. 34, 39. Disbarred attorneys who continue to practise, and per-
sons falsely representing themselves to be attorneys, are subject to a
penalty. St. 1891, 418.

Sect. 44. Word "suit" applies to any proceeding before any court.
St. 1884, 170.

Sects. 47, 48. Masters, assessors and referees, and arbitrators under
chapter 188, upon whose awards judgment is entered, are to be paid by the
county. St. 1883, 216; 1886, 51 ; 1887, 289.

They are to have no fees unless report is filed within ninety days. St.
1888, 282.

Sect. 51. The fee for a rule to an auditor is fixed at one dollar. St.
1888, 257 § 5.

The probate court may appoint auditors in certain cases. St. 1889, 311.

Sects. 56-63. Publication of reports regulated. St. 1889, 471. Re-
porter's salary fixed, and allowance made for clerk hire and incidental
expenses. St. 1892, 380. (See 1889, 471 § 4.)

Sect. 64 et seq. Number of officers in attendance regulated, their duties
defined and compensation fixed, in Suffolk : Supreme judicial court ; St.
1882,232; 1886,37; 1887,243; 1890,294. Superior court ; St. 1886,
37; 1888, 357. (See 1882, 245 § 3 ; 1883, 54.) Middlesex supreme
judicial and superior courts. St. 1892, 107 ; 1895, 246, 369.

And in probate and insolvency courts. St. 1884, 140 ; 1887, 156, 243 ;
1895, 246.

Uniforms required in certain cases. St. 1888, 371 ; 1891, 181 ; 1892,
107 § 5; 1895, 246 § 3.

Sects. 72, 75 are revised. Official stenographers provided for in all
counties, and their duties and compensation fixed. St. 1885, 291 ; 1887,
24,74; 1889,324; 1892,133; 1893,404,452; 1894,68,330,424; 1896,
459. (See 1895, 153 § 2.)

Chapter 160. — Special Provisions respecting Courts and the Admin-
istration of Justice.

Sect. 4. When Christmas falls on Sunday the courts are not open on
the following day. St. 1882, 49. The first Monday of September is
"Labor's holiday." St. 1887, 263. Fast day abolished and April 19
made a holiday. St. 1894, 130; 1896, 162. (See 1888, 254.)

Sect. 5. See St. 1896, 247.

Sects. 8-10. The laws as to naturalization are revised ; jurisdiction is
given to the lower courts. St. 1885, 345 ; 1886, 45, 203 ; 1887, 36, 329 ;

81tl: Changes in the [Chaps. i6i, i62,

1891, 180, 419 ; 1892. 348. (See 1884, 298 § 38; 1888, 257 § 4; 1893^
376, 417 § 237.)

Sect. 9 is repealed ; primary declarations may be made at any time. St.
1886, 45; 1891, 180.

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

Process.

The laws relating to district and police courts are revised and consoli-
dated. St. 1893, 396.

Two or more persons may join in suit against same defendant to recover
not exceeding twenty dollars due to each for manual labor. St. 1896, 444.

Sect. 1 applies to equity suits. St. 1883, 223 § 13

Sects. 1-12. The supreme judicial and superior courts may change the
venue in certain cases. St. 1887, 347.

Sect. 10. The motion may be filed within thirty days after the day for
appearance. St. 1885, 384 § 14. (See 1892, 169.)

Sect. 13 et seq. All civil actions, at law or in equity (except replevin^,
in the supreme judicial and superior courts, may be commenced in either
form. St. 1887, 383.

Fac-simile of clerk's signature may be used on certam processes. St.^
1886, 13. (See 1885, 321.)

Sects. 23, 27. Terms are abolished and writs are returnable on first
Monday of each month. St. 1885, 384. No original writ issued by a trial
justice, or district, police or municipal court, shall be returnable more than
sixty days from date. St. 1892, 148 ; 1893, 396 § 17.

Sects. 32, 34, 36. See St. 1884, 330 ; 1886,230; 1889,393; 1890,321.

Sects. 38-60. The right to attach the property of newspaper offices is-
limited. St. 1890, 377.

Sect. 41 extended to arrest of the person. St. 1896, 247.

Sect. 62. All attachments must be deposited in the registry of deeds.
St. 1889, 401. (See 1892, 289.)

Sect. 84. Justices of the supreme judicial or superior court may order
clerk to issue process in cases pending in another county. St. 1886, 223 ;
1896, 413. (See 1885, 384 § 3.)

Sect. 122. A fidelity insurance company may be the only surety. St.
1894, 522 § 61. (See 1884, 296 § 3 ; 1887, 214 § 61.)

Sect. 122 et seq. Bonds must contain a provision for special judgments
under St. 1888, 405. (See 1885, 59.) The sureties are released by princi-
pal's discharge in insolvency proceedings begun within four months. St.
1889, 470. Office of commissioner of insolvency abolished. St. 1895,
100.

Sect. 127. See St. 1892, 359.

Chapter 162. — Of Arrest, Imprisonment and Discharge.

A person under ai'rest by a constable on mesne process or execution may
be further arrested by a deputy sheriff on a writ or execution which a con-
stable is not authorized to serve. St. 1896, 247.

Sect. 1. Office of commissioner of insolvency abolished. St. 1895, 100.

Chaps. 163-167.] PUBLIO STATUTES. 815

Sects. 17, 18, 20, 25, 27, 28, 33, 34, 54 are amended. Poor debtor pro-
ceedings are regulated. St. 1888, 419 ; 1889, 415; 1890, 128; 1891, 271,
313, 407. (See 1887, 442; 1893, 62; 1894, 184; 1895, 308.)

The place of proceedings is fixed. St. 1894, 184.

Sects. 17, 18. Notice of examination must be given under either of the
charges in section 17. St. 1887, 442. Affidavit may be made at any time
before the certificate is issued. St. 1891, 407.

Sects. 32, 34. A debtor shall not suffer default by reason of the absence
or disability of the magistrate, if a new notice is issued within three days.
St. 1887, 442 §§ 3, 4.

Sect. 36. If recognizance is not satisfactory debtor may be imprisoned.
St. 1889, 415 § 4.

Sect. 68. The fees are changed, and the mode of their recovery. They
are to be accounted for. St. 1888, 419 § 13; 1889, 415 §§ 6, 7 ; 1891,
313; 1893, 62.

Chapter 163. — Of Bail.

Sect. 4. Office of commissioner of insolvency abolished. St. 1895, 100.
Sect. 12 is amended. The bail is discharged on paying costs, if the
principal dies. St. 1884, 260.

Chapter 164. — Of Proceedings against Absent Defendants, and upon

Insufficient Service.

Provision made for service on foreign corporations. St. 1884, 330.
(See 1886, 230; 1889, 393; 1890, 321.)

Sect. 6. Notice must be given within one year to a non-resident of
attachment of his real estate. St. 1884, 268. (See 1892, 289.) Personal
service may be ordered in certain cases. St. 1894, 384.

Sect. 7 amended as to time for appearance. St. 1885, 384 § 8.

Chapter 166. — Of Actions by and against Executors and Adminis-
trators.

In actions against estate of a deceased person supported by oral testimony
of a promise or statement made by the deceased, evidence of his statements,
memoranda, acts and habits tending to disprove the statement is admissible.
St. 1896, 445.

Chapter 167. — Of Pleading and Practice.

Court terms are abolished, return days changed and practice regulated.
St. 1883, 223 ; 1884, 304, 316 ; 1885, 384 ; 1887, 332, 380, 383 ; 1890, 154,
374, 398, 451 ; 1891, 227, 362 ; 1892, 440 ; 1893, 61.

Where there are two or more shire towns, the shire town at which an
action shall be tried may be designated on entry of the writ. St. 1882,
264.

An act to facilitate collection of small debts for manual work or labor.
St. 1896, 444.

All civil actions at law or in equity (except replevin) in supreme judicial
or superior court may be begun by bill or petition, or by writ with bill or
petition inserted, and relief given as the case requires. St. 1887, 383.

816 Changes in the [Chaps. i68, 169.

Claimants of funds in defendant's hands may be summoned in and the
parties required to interplead. St. 18<S6, 28'l. (See 1883, 62; 1888,
345.)

Sects. 2-10. A form for declaring for recovery of interest is estab-
lished. St. 1890, 398.

Sect. 8. If copy is not furnished, the action may be discontinued on
motion. St. 1894, 405.

Sect. 9 amended. On failure to file a declaration the action may be
dismissed on motion. St. 1885, 384 § 6.

Sects. 9, 11-20, 24-29, 40, 41 and 81 apply to actions in district and
police courts. St. 1893, 396 § 23.

Sect. 11. Demurrers in equity regulated. St. 1883, 223 § 10. (See
1887, 383 § 2.)

Sect. 13 et seq. Any matter which in equity would entitle the defendant
to be absolutely relieved from plaintiff's claim may be alleged. St. 1883,
223 § 14; 1887, 383.

Sect. 43. The superior court retains jurisdiction although the action be
changed to equity. St. 1883, 223 § 17 ; 1887, 383 § 3.

Sects. 46, 47 are repealed, and new provisions made as to defaults. St.
1885, 384 §§7-11.

Sects. 64, 67 et seq. Provision made for postponement, etc., of cases
on trial list. St. 1884, 304; 1890, 154. (See 1890, 451.)

The superior court may regulate publication and distribution of trial lists.
St. 1896, 401. (See 1889, 459.)

An attorney when actually engaged in the trial of a cause in the supreme
judicial or superior court is not obliged to proceed to trial of another cause,
unless the court deems it just and reasonable. St. 1890, 451.

Sect. 65. See St. 1893, 396 § 20.

Sect. 69. Time for filing claim for jury trial extended. St. 1894, 357.

Sect. 70. See St. 1882, 239 ; 1894, 4l'2.

Sect. 77. See St. 1894, 424 § 9.

Sect. 80. Retraction of libel may be proved in mitigation of damages.
St. 1895, 441.

Sect. 89. See St. 1893, 396 § 23.

Sect. 90. District court of Hampshire is added. St. 1891, 139.

Police courts maj' order defendant to answer. St. 1886, 64.

Chapter 168.— Of Set-off and Tender.

Sect. 8 not to apply to proceedings by savings banks against depositors
therein. St. 1894, 317 § 32.

Chapter 169. — Of "Witnesses and Evidence.

Treatment of witnesses in custody regulated. St. 1894, 160, 270. Com-
pensation allowed for detention in jail. St. 1894, 406. (See 1892, 361.)

Sect. 1 is revised and right to issue summonses extended. St. 1885,
141 ; 1889, 197. (See 1884, 247.)

Sect. 5. See St. 1886, 224.

Sects. 7, 8 extended to boards of police commissioners. St. 1882, 267.

Chaps. 170, 171.] PuBLIC STATUTES. 817

Justices of supreme judicial or superior court ma>' compel attendance of
witnesses before tribunals having power to summon, but not to compel
attendance. St. 1883, 195.

Sect. 18. See St. 1896, 445.

Sects. 28, 41. Where the adverse party does not appear, no notice of
taking deposition or exhibition of interrogatories is required. St. 1883, 188.

Sect. 54 is amended. Notice to non-resident parties is provided for.
St. 1882, 140.

Sects. 69, 70. Attested copies of rules of boards of aldermen, ordi-
nances of cities, by-laws of towns and records of cities and towns are ad-
mitted. St. 1889, 387. And sworn copies of records, boolvs and accounts
of savings banks. St. 1885, 92. Verified copies from authorized steno-
graphic notes may be received in evidence of testimony previously given
in superior court. St. 1894, 424 § 9 ; 1896, 459 § 7. (See 1895, 153;
1896, 451.)

Chapter 170. — Of Juries.

Sect. 2. Assistant clerks and all regularly appointed court officers are
exempted. St. 1896, 427.

Sect. 6. Preparation of list of jurors in Nantucket regulated. St. 1891,
131.

Sect. 7. Publication of lists of jui'ors provided for. St. 1894, 514 § 3.

Sect. 10. Venires for jurors for the supreme judicial court in Bai-u-
stable regulated. St. 1889, 173.

Sect. 17. Drawing jurors in cities regulated. St. 1894, 514.

Sect. 24. Special provisions made for preparation of jury lists in Bos-
ton. St. 1888, 123.

Sect. 35. Jurors may be examined by parties or their attorneys, under
direction of the court. St. 1887, 149.

Sects. 36, 37. See St. 1895, 120.

Chapter 171. — Of Judgment and Execution.

.Judgments, orders and decrees must bear date of entry. St. 1885, 384
§ 13.

No judgment or decree affecting title to real estate shall be valid against
third parties without notice, unless recorded. St. 1892, 289. (See 1889,
401.)

Sects. 1, 17-24. Provision for special judgments against insolvents
whose property is attached, or under control of a court of equity on a cred-
itor's bill or otherwise. St. 1885, 59 ; 1892, 209. And where bond is
given to dissolve attachment or prosecute review, and defendant is dis-
charged in composition proceedings. St. 1888, 405. (See 1884, 236;
1886, 353 ; 1895, 234.)

Sect. 34. Certain funds of charitable and relief societies are exempted.
St. 1886, 125 § 2; 1890, 181, 421 § 23. Also military equipments. St.
1893, 367 § 71. (See 1885, 183 § 11 ; 1887, 214 § 73,^411 § 71.)

Sect. 39. When a sale has been enjoined court may order adjournments
until further order. St. 1884, 175.

818 Changes in the [Chaps. 172-178.

Sects. 52, 53. Provision made for record of seizure in cases where the
levy is suspended on account of a prior attachment. St. 1887, 407.

Sect. 54. In case of sickness or absence of the otticer another may be
delegated. St. 1885, 125.

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

Sect. 22. Execution and certificate must be recorded in clerk's office.
St. 1895, 437.

Sect. 30. Enjoined sales may be adjourned by the court granting the
injunction. St. 1884, 175.

Sects. 32, 49. Right of redemption extended to lands set off, St.
1886, 86.

Sect. 45. Levy shall be considered as made at the time when the land
is taken. St. 1896, 464.

Chapter 173. — Of the Writ of Entry.

The supreme judicial court no longer has original jurisdiction of writs
of entry. St. 1892, 169.

Sect. 2. Notwithstanding disseizin or adverse possession a conveyance
of real estate otherwise valid vests in the grantee the rights of entry and
of action for recovery. St. 1891, 354.

Chapter 175. — Of the Summary Process for the Recovery of Land.

Sect. 1. See St. 1891, 354.

Sect. 2 et seq. See St. 1893, 396 §§ 12, 13, 25, 29, 423 § 27.
Sects. 6, 7, 8. A bond instead of a recognizance is to be given. St.
1888, 325.

Chapter 176. — Of Petitions for the Settlement of Title.

This chapter is repealed and a substitute enacted. St. 1893, 340.

Provision made for barring action on an undischarged mortgage after
possession by the mortgagor for twenty years without act of recognition.
St. 1882, 237; 1885, 283; 1890, 427 § 1. (See 1889, 442.)

Provision made for determining the validity, nature and extent of con-
ditions, restrictions, reservations, stipulations, etc., more than thirty years
old, appearing of record. St. 1889, 442 ; 1890, 427 § 2. (See 1882, 237 ;
1885, 283.)

Chapter 178. — Of the Partition of Land.

Sect. 2. Original jurisdiction of petitions for partition taken from su-
preme judicial court. St. 1892, 169.

Sects. 2, 9, 75 extended. Land in different counties may be divided in
one proceeding. St. 1888, 346. (See St. 1889, 468.)

Sect. 12. ^See St. 1896, 456.

Sect. 13. The right to remove petitions for partition under this section
is taken away. St. 1892, 169 § 2. (See 1885, 384 § 14.)

Chaps. 180-183.] PuBLIC STATUTES. 819

Sect. 19 et seq. The probate court may set off his share to petitioner
and allow the residue to remain in common. St. 1885, 293. (See 1887,
286 ; 1888, 346.)

No petition for partition shall be defeated because a party has paid off
an incumbrance which other parties were entitled to redeem, but the decree
shall prescribe terms of redemption. St. 1889, 468.

Sect. 51. Words " newspaper or" inserted. St. 1882, 55.

Sects. 52, 53. See St. 1896, 456.

Sect. 57 repealed. St. 1895, 118.

Sect. 63 amended. St. 1882, 6 § 2.

Sects. 64-75. Provision made for partitions where there are estates for
life or for a term -of years, and a remainder-man. St. 1887, 286.

Sect. 65 amended. St. 1894, 104.

Sect. 75. See St. 1888, 346 § 3.

Chapter 180. — Of Actions for Private Nuisances.

Fences and other like structures over six feet in height, maliciously
erected or maintained, are declared private nuisances. St. 1887, 348.

Chapter 181. — Of the Redemption and Foreclosure of Mortgages.

Sects. 3, 9. Original jurisdiction of writs of entry for foreclosure taken
from the supreme judicial court. St. 1892, 169.

Sect. 17. The notice may be given in some newspaper in the county if
there is none in the town. St. 1882, 75.

Sect. 27. The mortgagee may proceed with a sale already advertised
unless the amount due is paid into court or the sale enjoined^ St. 1888,
433.

Sect. 42 shall not apply to foreclosures under power of sale mortgages.
St. 1896, 203.

Chapter 183. — Of the Trustee Process.

Sect. 1. See St. 1883, 223 § 11.

Sect. 3. Where a trustee is made a party for the purpose of giving
jurisdiction in the county where the trustee resides, the parties not residing
there, the action may be transferred. St. 1893, 285. (See St. 1893, 396
§ 13; 1S94, 398.)

Sect. 7 extended to trial justices. St. 1887, 33. As to time of return,
see St. 1893, 396 § 17; 1894, 398.

Sect. 10. Appearance and answer must be within ten days from the
return day of the writ. St. 1885, 384 § 9.

Sect. 29 et seq. The wages or lay of seamen are exempted. St. 1886,,
194. But not of fishermen. St. 1890, 289.

Sect. 34. Certain funds of charitable and relief societies are not liable
to attachment. St. 1886, 125 ; 1890, 181, 421 § 23. (See 1885, 183 § 11 ;
1887, 214 § 73.)

Sect. 38. Provision is made for executions in favor of claimants. The
provision as to proceedings under chapter 161, sections 80, 82, 83, is
omitted. St. 1888, 345. (See 1883, 62; 1886, 281.)

820 Changes in the [Chaps. i84-i9l

Sect. 73. In a suit by the defendant against the trustee, pending the
trustee process, the costs are in the discretion of the court. St. 1883, 62.
(See 188G, 281 ; 1888, 345.)

Chapter 184. — Of the Keplevin of Property.

In case of appeal from the lower courts by the plaintiff, no bond, recog-
nizance or deposit is required. St. 1890, 224. (See St. 1893, 396 § 29.)

Sects. 18, 19. Sureties may be approved by a justice of a police, dis-
trict or municipal court. St. 1895, 388. (See 1894, 522 § 61.)

Chapter 185. — Of Habeas Corpus and Personal Replevin.

Probate courts are given jurisdiction in cases of alleged restraint of per-
sonal liberty. St. 1894, 536.

Sect. 3. Provision for habeas corpus in poor debtor proceedings. St.
1888, 419 § 12.

Sect. 18 is amended. St. 1882, 6 § 3.

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

Review.

Upon a writ of error or other proceeding to revei'se or avoid a conviction,
or discharge a prisoner, the fact that the person was under seventeen years
of age shall not be deemed material. St. 1892, 266.

Sects. 16-39 are repealed and revised. St. 1895, 234. (See 1882, 249 ;
1888, 405 § 3; 1893, 396 § 33.)

Chapter 188. — Of Reference to Arbitration.

The fees of arbitrators under this chapter, upon whose awards judgment
is entered, are to be paid by the county. St. 1887, 289. (See 1883, 216;
1886, 51.)

Chapter 189. —Of Improving Meadows and Swamps.

Sect. 15. "Return day" is substituted for "court held." St. 1885,
384 § 5.

Chapter 190. — Of Mills, Dams and Reservoirs.

Sect. 48 is extended to any stream, on certain conditions. St. 1892, 55.

Sect. 53 et seq. County commissioners may examine dams and reser-
voirs upon their own judgment, and proceed as if application had been
made to them. St. 1891, 315 ; 1893, 99.

Chapter 191. — Of Liens on Buildings and Lands.

Provision for speedy trials in superior court, Suffolk. St. 1894, 283, 547.

Sect. 6. Certain inaccuracies not to invalidate the statement if parties
were not misled. St. 1892, 191.

Sect. 12 is repealed. St. 1888, 344 § 4.

Sects. 13, 16, 17 are revised, and new method of procedure prescribed.
St. 1888, 344. District and police courts have jurisdiction when the claim
does not exceed one thousand dollars. St. 1893, 396 § 12.

Chaps. 192-198.] PuBLIC STATUTES. 821

Sects. 42, 43. Any person to whom a debt would be payable for labor
or materials, if it were not for a lien, may dissolve such lien by bond. St.
1890, 383. Sureties may be approved by a justice of a police, district or
municipal court. St. 1895, 404.

Sect. 45. Creditor's attorney may discharge lien. St. 1891, 244.

Chapter 192. — Of Mortgages, Conditional Sales, Pledges and Liens
on Personal Property.

An act to regulate the making of loans upon deposits or pledges of per-
sonal property. St. 1895, 497. (See 1894, 416 ; 189(5, 183.)

The provisions of this chapter shall not apply to contracts under St.
1894, 326.

Sects. 1, 2 are repealed, and new provisions made as to recording. St.
1883, 73.

The discharge of, and redemption of security for, small loans regulated.
St. 1888, 388; 1890, 416; 1892, 428. (See 188.5, 252; 1895, 497.)

Mortgages of household furniture are regulated in certain cases. St.
1892, 428 § 3.

Sect. 6 not repealed or affected by St. 1892, 428.

Sects. 7, 10. See St. 1892, 428 § 4.

Sects. 10-12. Debts or claims against a pledgee, created by an unau-
thorized sale of the collateral, are not discharged in insolvency. St. 1885,
353 § 6. (See 1884, 236 § 9.)

Sect. 13. Conditional sales of furniture or household effects are reou-
lated. St. 1884, 313 ; 1892, 411.

Sect. 15. Time for filing statement extended. St. 1896, 404.

Sect. 24. Courts in the county Avhere the petitioner has his usual place
of business also have jurisdiction. St. 1888, 46.

Sect. 26 amended to conform to section 24. St. 1893, 173.

Sect. 31. Disposition of unclaimed baggage, etc., regulated. St. 1893,
419; 1894, 181.

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

Sect. 1 is extended to all claims, whether at law or in equity, except
those mentioned in section 7. They are subject to set-off. St. 1887, 246.

Chapter 196. —Of the Limitations of Real Actions and Rights of

Entry.

Sect. 11. Not to apply to certain province lands. St. 1893, 470.

Chapter 197. — Of the Limitation of Personal Actions.

Actions to recover forfeitures for selling liquor to a minor are limited to
two years. St. 1889, 390.

Actions by and against assignees in insolvency are limited. St. 1895, 432.

Chapter 198. — Of Costs in Civil Actions.
When two or more eases are tried together in the supreme judicial, supe-
rior, or any police, municipal or district court, the costs may be reduced by
the presiding judge. St. 1892, 231.

822 Changes in the [Chaps. 199-203.

Sect. 25 is revised. Time of hearing appeals changed. St. 1882, 235.
Sects. 28-31. Term fees are abolished. St. 1888, 257; 1889,433;
1890, 209 ; 1891, 87. (See 1882, 264 ; 1890, 360.)

Chapter 199. — Of the Fees of Certain Officers.

In criminal cases, if the complaint is unfounded, frivolous or malicious,
the magistrate may refuse to allow fees to complainant. St. 1890, 440
§ 13.

Sect. 2. In police, district and municipal courts no court fees are
allowed in criminal cases. St. 1890, 256.

Sects. 2, 3. The fees of trial justices and mode of approval and certifi-
cation are established. St. 1890, 353; 1891, 325; 1892, 200 § 3. (See
1890, 440; 1892, 160.)

Sects. 4, 5. The entiy fee covers all clerks' fees, except in certain
cases. St. 1888, 257 ; 1889, 433 ; 1890, 209 ; 1891, 87. (See 1890, 360.)

Sect. 6. Fees for summoning witnesses in criminal cases fixed. St.
1882, 215.

Sect. 9 is revised. Certain charses for horse hire are allowed. St.
1885, 254.

Sects. 14, 39. "When two or more cases are tried together the presiding
judge may reduce the fees and costs. St. -1892, 231.

Sect. 14. Fees of witnesses in insolvency proceedings regulated, St.
1890, 277.

Sect. 15 repealed. Appraisers' fees regulated. St. 1886, 135.

Sect. 20. Fees are paid to county, and registers and assistants paid by
salary. St. 1895, 493. (See 1896, 172.)

Sects. 23-27 apply to registers of probate and insolvency. St. 1893,
469 § 2.

Sects. 30, 34 et seq. Officers' fees, costs and expenses regulated. St.
1890, 440; 1891, 70, 325, 392; 1892, 200. (See 1889, 469^ 1890, 166;

1892, 231.)

Sects. 32, 39. See St. 1892, 231.

Chapter 200. — Of the Rights of Persons accused.

Police matrons and stations for detention of women are required in cer-
tain cities. St. 1887, 234 ; 1888, 181.

Chapter 202. — Of Offences against the Person.

Sects. 15, 16. Public boxing matches and private boxing matches for
a prize or reward are prohibited. St. 1896, 422.

Sect. 27. Punishment modified and "age of consent" raised. St.

1893, 466. (See 1886, 305 ; 1888, 391.)

Chapter 203. — Of Offences against Property.

The following are made offences : —

False statements of the distance travelled or to be travelled with a hired
horse, or refusal to pay the hire. St. 1882, 236.

Chap. 203.] PuBLIC STATUTES. 823

Obtaining, by false representations, certificates or transfers of registra-
tion, and giving false pedigrees of cattle, horses, etc. St. 1887, 143 ;
1890,334."

Entering or driving a horse disguised, or different from the one pur-
ported to be entered, to compete for a purse or premium. St. 189^, 167.

False representations to overseers of the poor, etc., for purpose of caus-
ing any person to lie supported as a pauper. St. 1891, 343.

Selling goods marked silver, sterling silver or coin silver containing less
than the required proportion of pure silver. St. 1894, 292.

Injuring property or unlawful diversion of electricit}' of an electric light-
ing company. St. 1895, 330. Violation of park regulation. St. 1896,
19^9.

Sects. 10, 11 amended. The penalties are modified. St. 1888, 135.

Sect. 16 extended to railroad cars. St. 1896, 389.

Sect. 20. The penalties are changed in certain cases. St. 1889, 458.

Sects. 20, 37, 40. The embezzlement of property of voluntary associa-
tions is made a crime. St. 1884, 174; 1886, 328. '(See 1887, 411 § 77.)

And of money, stocks or securities held by brokers under written direc-
tions for their disposal. St. 1892, 138. (See 1890, 437 § 3.)

Sect. 21. And the mutilation of a will. St. 1890, 391.

Sect. 43. Penalty for destroying or removing from order boxes orders
to carriers for hire. St. 1895, 481.

Sect. 56 is extended to agents, clerks, etc., of persons or firms, and to
omissions to make true entries. St. 1885, 223.

Sect. 58. Fraudulent use of certain insignia is made an offence. St.
1887, 67; 1891, 15; 1894, 27, 117.

Sects. 63, 64 extended to labels, stamps and trade-ruarks of labor and
trade associations. St. 1890, 104. (See 1893, 443; 1894, 285.)

Sect. 79. Wilful detention or mutilation of books, etc., of public or
incorporated libraries are offences. St. 1883, 77, 81.

Sect. 95. See St. 1893, 403.

Sect. 99. Provision is made to prevent trespass on private laud by
persons with fire-arms, the defacing of notices, etc. St. 1884, 308; 1890,
403, 410. (See 1886, 276 § 4.)

And on lands appurtenant to prisons or houses of correction. St. 1885,
303.

Sect. 101. The tearing down, removal or defacing of a warrant, voting
or jury list, or other legal notice, is made punishable. St. 1883, 156 ;
1887, 147; 1888, 436 § 28 ; 1889, 413 § 28.

Sect. 103. Municipal, district and police courts are given concurrent
jurisdiction in certain cases. The penalty is regulated. St. 1887, 293 § 2.

The wilful defacing and misuse of milk cans is made an offence. St.
1885, 133.

Sect. 106. The penalty is increased. One-half the fine is to go to the
informant. St. 1889, 399.

Sects. 107-109. The wilful or negligent setting of fires is made a crime.
St. 1882, 163 ; 1886, 296.

Wilful or wanton destruction of property by a convict is punishable.
St. 1891, 295; 1896, 344.

824 Changes in the [Chaps. 205, 207.

Chapter 205. — Of Offences against Public Justice.

The following are made offences : Procuring fraudulent divorces. Unlaw-
fully issuing certificates of divorce. Advertising, by one not a member
of the bar, the business of procuring divorces. St. 1886, 342 ; 1887, 320 ;
1891, 59. Falsely representing one's self to be an attorney-at-law. St.
1891, 418.

Interference with police signal system. St. 1888, 291.

Trespass on lands appurtenant to prisons, disturbance of prisons and
illicit communication with prisoners. St. 1885, 303. And illicit con-
veyance of articles to or from the men's reformatory prison. St. 1887,
339.

Commitments for contempt may be made to any jail and served in any
county. St. 1886, 224.

Sect. 1. Penalty modified. St. 1892, 123.

Sects. 9, 10 are extended. St. 1891, 349 ; 1892, 416.

Sects. 11, 12 extended to county officers. St. 1893, 271.

Chapter 207. — Of Offences against Chastity, Morality, and Good

Order.

Punishments are provided : For keeping or resorting to a place where
opium is used. St. 1885, 73 ; 1895, 194. For the exhibition of deformed
persons. St. 1884, 99. For unnatural and lascivious acts. St. 1887, 436.
For sending to, or detaining in, a house of ill-fame any female as an inmate
or servant. St. 1888, 311. For immoral shows or entertainments. St.
1896, 339. Violating a park regulation. St. 189C, 199.

Sect. 2. Further provision made against seduction, unlawful inter-
course and assistance thereto. St. 1886, 329 ; 1888, 311.

Sect. 9. The dying declarations of the woman are admissible in evi-
dence. St. 1889, 100.

Sect. 15 is extended and revised. St. 1894, 433 ; 1895, 162. (See
1890, 70.)

The gift, sale or distribution, to or by minors, of papers devoted to
criminal news is punishable. St. 1885, 305.

Sects. 20, 29, 34, 35. Disorderly or indecent speech or behavior in
public conveyances is punishable. St. 1883, 102.

Sect. 22 is extended to licensed picnic groves. St. 1887, 445. (See
1885, 309.)

Sect. 23. Wilful disturbance of persons in a public library or reading
room is made an offence. St. 1885, 225.

Sects. 25-28 are repealed, and new provisions made as to proceedings
and punislmients in cases of drunkenness. St. 1891, 427; 1892, 303;
1893,414,447. (S&e 1885, 365, 375 ; 1886,323 § 2; 1888, 377; 1891,
356 ; 1892, 160, 200.)

Sect. 29. Neglect to support wife or minor children is punishable.
St. 1885, 176; 1893, 262. (See 1882, 270; 1884, 210.)

Sects. 29, 42. Sentences under these sections regulated. St. 1884,
258 ; 1865, 365 ; 1886, 323 ; 1888, 49 ; 1892, 302. (See 1892, 303.)

Sect. 38 is revised. St. 1896, 385.

Chaps. 208-210.] PuBLIC STATUTES. 825

Sects. 49, 50. Removing flowers or memorial tokens from graves, etc.,
without authority is punishable. St. 1888, 395.

Sects. 52-54. The docking of horses' tails is forbidden under penalty.
St. 1894, 461. (See 1889, 267.)

The payment of fines to informers under these sections is regulated. St.
1889, 267 ; 1891, 304, 416 ; 1894, 461.

Sect. 69 is extended. St. 1895, 461. (See 1885, 316 ; 1893, 436.)

Chapter 208. — Of Offences against Public Health.

Penalties are provided for : Sale or gift of cigarettes, snuff or tobacco
to children under sixteen ; St. 1886, 72. Feeding, or keeping with intent
to feed, garbage, offal, etc., to milch cows and certain food animals; St.
1889, 326 ; 1895, 385. Sale of clothing made in unhealthy places ; St.
1891, 357 ; 1892, 296 ; 1893, 246. Manufacture or sale of toys or confec-
tionery containing arsenic; St. 1891, 374. Pollution of water supplies;
St. 1884, 172. Neglect, after notice by board of health, to repair private
drain in street; St. 1893, 312. Adulteration of food or drugs; St. 1882,
263; 1884, 289; 1886, 171; 1896, 397 § 19. (See 1883, 263.) (As to
milk and butter, see 1884, 310; 1885, 352; 1886, 317, 318; 1896, 398.)
Making or issuing a false or fraudulent certificate or prescription for sale
of intoxicating liquor or medicines. Selling intoxicating liquor or drugs
by a registered pharmacist without a license. Adulterating drugs. St.
1896, 397 §§ 16-19. Unlawfully advertising as a physician or surgeon.
St. 1894, 458 § 10; 1895,412. Breach of regulations for bakeries. St.
1896, 418 § 6.

Sects. 5, 6. The regulations as to sale of poisons are revised. St. 1896,
397. (See 1885, 313 ; 1887, 38 ; 1888, 209.)

Chapter 209. — Of Offences against Public Policy.

It is made unlawful to display a flag or emblem of a foreign country on
a public building or schoolhouse, except on certain conditions. St. 1895,
115.

Provisions to prevent lotteries and policy lotteries. St. 1892, 409 ; 1895,
419.

Property shall not be sold or exchanged under the inducement of any
gift or prize. St. 1884, 277.

Pretending, in writing, to hold a degree of a college or school, or the
approval of a college or professional school of a person, process, treat-
ment or goods, and granting degrees without authority, are made offences.
St. 1893, 355. (See 1883, 268.)

Influencing or intimidating voters, and coercing or compelling a person,
as a condition of employment, to agree not to join a labor organization are
made oft'ences. St. 1894, 508 §§ 3, 5, 58, 78.

Sects. 11-13. See St. 1892, 167.

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

commit Crimes.

Sentences are regulated. St. 1885, 365 ; 1886,323; 1889, 113 ; 1891,
200; 1895, 218, 469, 504. (See 1887, 435; 1890, 316.)

826 Chaxges in the [Chaps 211,212.

Chapter 211. — Of Proceedings to prevent the Commission of Crime,

The court may revoke au order requiring recognizance or reduce the
amount. St. 1896, 388.

Sects. 4, 5 amended. Magistrate may impose sentence in case of con-
viction. St. 1894, 505.

Sect. 6 extended to all criminal cases. St. 1890, 440 § 13.

Sects. 13, 16, 17. See St. 1893, 396 § 41.

Chapter 212. — Of Search Warrants, Rewards, Arrests, Examination,

Bail and Probation.

Police matrons are provided for in certain cities. St. 1887, 234 ; 1888, 181.

Male and female prisoners shall not be carried to or from court together
in certain cities. St. 1894, 273.

Provisions in regard to arrest of children under twelve. St. 1882, 127.

Sect. 2. Tickets and other materials for pool selling are added. St.
1885, 342 § 2. Also personal property, insured against fire, concealed to
defraud an insurance company. St. 1890, 284. (See 1890, 452.)

Property seized under St. 1890, 284, shall be disposed of as the court
orders. St. 1890, 452.

Sects. 5-10 apply to property seized in pool rooms, gaming houses and
opium joints. St. i894, 410; 1895, 194. (See 1885, 73, 342 § 2; 1887,
448 § 2; 1895, 419.)

Sect. 9 is extended to gaming apparatus and certain other articles. St.
1885, 66. " ^

Sect. 15. If magistrate deems complaint unfounded, frivolous or mali-
cious, he may refuse fees to complainant. St. 1890, 440 § 13.

Sect. 16. A summons shall issue instead of a warrant ' ' unless there is reason
to believe that the accused will notappear upon a summons." St. 1890, 225.

Sects. 17, 20. Warrants and other criminal process may be directed to
and served by officers in any county. St. 1886, 247. (See 1895, 380.)

Sect. 26. On adjourning a trial or examination where the offence is
punishable with death or imprisonment for life, material witnesses for the
government may be bound over according to sections 37-41 of this chapter.
St. 1885, 136.

Another justice may complete adjourned proceedings. St. 1883, 175.

Sects. 36-40. Provision for detention of witnesses in cases of felony,
pending pursuit and apprehension of offender. St. 1892, 361. (See St.
1893, 396 § 48.) Provision made for treatment of witnesses in custody.
St. 1894, 160, 270. And for their compensation. 1894, 406.

Sects. 37-41. See St. 1885, 136 § 2.

Sect. 51. The latter clause of this section, forbidding justices to receive
compensation for taking bail, is repealed. St. 1885, 135.

Sect. 68. Money may be deposited with any officer authorized to take
recognizance. St. 1882, 134.

Sects. 74-78 repealed, and new provisions made as to probation officers.
St. 1891, 356, 427; 1892, 242, 276; 1894,229,368,372. (See 1882,
125 ; 1892, 303.)

Sect. 81 amended. St. 1886, 101 § 4.

Chaps. 213-215] PuBLIC STATUTES. 827

Chapter 213. — Of Indictments, Prosecutions and Proceedings before

Trial.

Sect. 15. See St. 1887, 367 ; 1895, 390.

Sect. 16 et seq. See St. 1886, 328 § 2 ; 1887, 436.

Sect. 17 repealed and a substitute passed. St. 1886, 53. (See 1885, 144.)

Sects. 15, 30. The support of such insane persons is to be paid by the
State. St. 1883, 148; 1889, 90. (See 1894, 214 § 3.)

Sect. 28 et seq. The superior court has exclusive original jurisdiction
in capital cases. St. 1891, 379. (See 1893, 324, 365, 394.)

Sects. 29, 30 repealed. St. 1891, 379 § 14.

Sects. 33-35. Police officers may serve subpoenas when requested by
district attorney. St. 1890, 440 § 6.

Sect. 35. In cases of felony, witnesses committed may be held a rea-
sonable time pending pursuit and apprehension of the offender. St. 1892,
361. (See 1894, 406.)

Sect. 38 not affected by St. 1891, 379 § 4. St. 1893, 365.

Chapter 214. — Of Trials and Proceedings before Judgment.

Sect. 1. Order of trials in criminal cases regulated. St. 1884, 193;
1889, 432.

Sect. 5, 6. When two or more persons are tried together the Common-
wealth may challenge as man}' as the defendants. St. 1895, 120.

Sect. 16. See St. 1887, 367.

Sects. 16, 19, 20. The support of such insane person is to be paid by
the State. St. 1883, 148; 1889, 90. (See St. 1895, 390.)

Sect. 21 amended. St. 1895, 390 § 7.

Chapter 215. — Of Judgment and Execution.

Sentence shall be imposed notwithstanding exceptions or appeal. St.
1895, 469.

Provision made for the ascertainment and punishment of habitual crim-
inals. St. 1887, 435. And for registration and identification of certain
criminals. St. 1890, 316

Warrants for commitment for non-payment of fines regulated. St. 1891,
416 § 2.

Sentences to State prison regulated. St. 1895, 504.

And to Suffolk county reformatory. St. 1896, 536.

Commitment may be made at same time on several sentences. St. 1884,
265.

Convicts ma}' be sent to jail, liouse of correction, or Suffolk reforma-
tory, and may be transferred from one to the other. St. 1882, 241 ; 1895,
224; 1896, 521, 536 § 7.

Prisoners in State institutions shall not be employed outside the pre-
cincts of such institution in any mechanical or skilled labor for private
parties. St. 1891, 209.

Sects. 2. 5. Taxing costs against defendants in criminal cases is re-
stricted and payment of expenses regulated. St. 1890, 440 ; 1891, 325.

828 Changes in the [Chaps. 216-219.

Expense of serving warrant of commitment shall be deemed part of ex-
pense of prosecution. St. 1890, 328.

Sect, 8. Not to apply to sales of intoxicating liquor by unregistered
pharmacists in name of one who is registered. St. 1893, 472.

Sect. 15. Sentences of women regulated. St. 1889, 113; 1895, 218.
(See 1887, 426; 1896, 304.)

Sect. 18 is revised. St. 1882, 127.

Sect. 22. A prisoner in the Massachusetts reformatory may be sent to
State prison or house of correction on conviction of an offence punishable
by imprisonment therein. St. 1891, 200. (See 1895, 273.)

Chapter 216. —Of Fire Inquests.

This chapter is repealed, and the laws as to fire inquests revised. St.

1894, 444. (See 1886, 296 ; 1887, 214 ; 1888, 199 ; 1889, 451 ; 1891, 229 ;

1895, 452, 499.)

Chapter 217. — Of Fines, Forfeitures and Costs.

Expense of serving warrant of commitment shall be deemed a part of
expense of prosecution. St. 1890, 328.

Sect. 6. See St. 1890, 353.

Sects. 8, 9. Taxation, certification and payment of costs and fines
regulated. St. 1890, 218, 440; 1891, 236, 392, 416. (See 1889, 469.)

Sect. 13 repealed. St. 1890, 218 § 3.

Sect. 15 is repealed, and method of accounting for moneys received
under section 14 established. St. 1891, 416.

Chapter 218. — Of Fugitives from Justice and Pardons.

Sect. 6 repealed. Payment of expenses of requisitions regulated. St.
1886, 267.

Sect. 14. Sentences after breach of condition of a pardon regulated.
St. 1882, 197.

Chapter 219. — Of the Commissioners of Prisons.

The commissioners shall make reports to the governor at least once in
six months. St. 1893, 428. Shall make special rules for treatment of
witnesses held in custody. St. 1894, 270. (See 1894, 160.)

They may provide for surgical treatment of prisoners. St. 1882, 207.
They shall provide for exercise tor unemployed prisoners. St. 1895, 146.
And for medical supervision of prisoners in solitary cells in county prisons.
St. 1895, 195. And for teaching certain prisoners to read and write.
St. 1895, 259.

Powers and duties of commissioners in regard to the reformatory pre-
scribed. St. 1884, 255, 331 ; 1894, 249. As to release on parole of pris-
oners in State prison. St. 1894, 440 ; 1895, 252, 504.

The governor may remove commissioners at pleasure. St. 1893, 453.

Registration and measurement of certain convicts provided for. St.
1890i'316. (See 1892, 313.)

Chap 220.] PUBLIC STATUTES. 829

The authorities of State of Verraout are granted permission to detain in
and transport through this State convicts sentenced in Vermont. St. 1892,
423.

Sect. 3. Secretary's salary fixed. St. 1886, 225. (See 1884, 331 § 4.)

Sect. 4. Removal and transfer of prisoners regulated. St. 1882, 207,
241; 1885, 35,320; 1887,292, 375; 1888, 192; 1890, 180,278; 1894,
249; 1895,273. (See 1896, 317, 521.)

State prison convicts may be graded and classified. St. 1892, 267.
(See 1891, 372.)

Sect. 6. Vagrants and tramps maj' be removed to the State farm. St.
1885, 35 § 1. (See 1887, 264; 1896, 385.)

Sect. 14 et seq. Labor in prisons and employment of prisoners regu-
lated. St. 1883, 217; 1885,94; 1887, 447; 1888, 22, 189, 403; 1891,
209, 228, 371 ; 1894, 451, 460; 1895, 259. (See 1895, 146.)

Sects. 17, 18 repealed. St. 1888, 403 § 6.

Sect. 24. Sentence may be to reformatory prison for women. St. 1894,
260.

Sects. 26-30. Provision for aid for female prisoners discharged with-
out sentence. St. 1886, 177.

Further provisions for aiding discharged prisoners. St. 1887, 315, 336,
395 ; 1888, 322, 417 ; 1895, 383. '

Additional agents authorized. St. 1887. 315. Salarv of agent provided
for. St. 1 888, '" 330.

Sect. 32. See St. 1889, 245 ; 1895, 449.

Sects. 34, 35 et seq. Reports and returns are regulated. St. 1882, 226 ;
1891, 187; 1892, 290 § 2.

Sect. 36 repealed. St. 1882, 226 § 3.

Sect. 39. Allowance made for clerical assistance. St. 1888, 328;
1895, 431. (See 1885, 52.)

Chapter 220. — Of Jails and Houses of Correction.

An act relative to the Suffolk county reformatoi-y, house of correction
and Boston house of industry. St. 1896, 536.

Police matrons and stations for the detention of women are required in
certain cities. St. 1887, 234; 1888, 181.

Carrying male and female prisoners together to and from court is for-
bidden in certain cities. St. 1894, 273.

A a'eneral superintendent of prisons is provided for. St. 1887, 447 § 6 ;
1895,^^322. (See 1888, 403 § 8.)

Provision for teaching certain illiterate prisoners to read and write. St.
1895, 259.

Sect. 2. The sheriff may transfer prisoners between jails and houses
of correction. St. 1882, 241. (See 1890, 278; 1896, 521.)

Sect. 11 ei seq. An institution commissioner substituted for directors
for public institutions of Boston. St. 1895, 449 § 14. (See 1885, 266;
1889, 245; 1896, 521, 536.)

Sects. 13, 14. Contract labor is forbidden in certain prisons. St. 1887,
447 ; 1888, 22. (See 1888, 403 ; 1894, 451.) And employment of prison-
ers for private parties outside of prison precincts. St. 1891, 209.

830 ChAXGES in the [Chap. 221.

Sect. 19. See St. 1891, 426.

Sect. 23. See St. 1894, 349.

Sect. 36. The requirement of whitewashing is stricken out. St. 1886,
226.

Sect. 40 et seq. Labor in prisons and employment of prisoners are reg-
ulated. St. 1883, 217; 1885, 94; 1887, 447; 1888, 22, 189, 403; 1891,
209, 228, 371 ; 1894, 451, 460. (See 1895, 146.)

Sect. 46. Provision made for teaching illiterate prisoners. St. 1895,
259.

Sect. 49. Clerical error corrected. St. 1882, 6 § 4.

Sect. 50. P^scapes of prisoners employed outside are punishable. St.
1882, 198. (See 1885, 94.)

Sect. 53 et seq. Invoice books of supplies must be kept. St. 1890, 296.
(See 1889, 294.)

Sects. 54, 55. The purchase of tools, materials, machinery, etc., and
sale of manufactured goods provided for and regulated. St. 1887, 447 ;
1888, 403 § 3 ; 1891, 228. (See 1891, 371.)

Funds not required for immediate use must be deposited. St. 1890,
215.

Payment of funds regulated. St. 1893, 270.

Sect. 60 et seq. See St. 1882, 113.

Sects. 66, 68. Further provisions made as to release of prisoners on
probation. St. 1884, 152, 255 §§ 33, 34. (See 1894,440; 1895, 252,
504.)

Sect. 69 applies to St. 1891, 356.

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

Women.

A general superintendent of prisons is provided for. St. 1887, 447
§ 6.

The prison at Concord is made a reformatory prison for men, and the
State prison is re-established at Boston. St. 1884, 255, 331. (See 1891,
215, 372, § 2; 1893, 441. Res. 1890, 55.)

Sentences to State prison regulated. St. 1895, 504. *

Permits to be at liberty authorized and regulated. St. 1884, 255 §§ 33,
34 ; 1887, 435 §§ 2, 3 ; 1894, 440 ; 1895, 252, 504.

The list of officers of the State prison is revised and compensation fixed.
St. 1889, 412 ; 1893, 455, 456 ; 1894, 370, 477. (See 1882, 203 ; 1884,
95; 1887,355; 1888,264; 1894,349.)

And of the officers of the reformatory prison for men. St. 1890, 255 ;
1893, 333. (See 1888, 335 ; 1889, 408 ; 1890, 267 ; 1894, 349.)

And of the reformatory prison for women. St. 1883, 267 ; 1884, 43 ;
1887, 341; 1888, 327.

Sentences to the men's reformatory are regulated. St. 1885, 365 ; 1886,
323; 1888, 49; 1891, 427 § 5; 1892, 302, 303; 1893, 447. (See 1884,
255 §§ 8-11, 33-35 ; 1885, 35, 320, 356 ; 1891, 200.)

Sentences of prisoners in the reformatory, convicted of offences pun-
ishable by imprisonment in the State prison or house of correction, are
regulated. St. 1891, 200. (See 1892, 302.)

Chap. 221.] PuBLIC STATUTES. 831

The description and measurement of convicts by the " Bertillon" system
are provided for. St. 1890, 316.

Removals and transfers of prisoners regulated. St. 1882, 207, 241 ;
1885,35,320; 1887,292,375; 1888,192; 1890,180, 278; 1891, 200;
1894, 214, 249 ; 1895, 273. (See 1884, 255 ; 1894, 273.)

Labor in prisons and employment of prisoners regulated. St. 1883,
217; 1885, 94; 1887, 447; 1888, 22, 189, 403; 1891, 209, 228, 371;
1894, 451, 460.

The purchase of machinery, tools and materials and sale of manufactured
goods are regulated. St. 1887, 447 §§ 3, 4 ; 1888, 403 § 3 ; 1891, 228.

Convicts may be punished for wilful or wanton destruction of property.
St. 1891, 295; 1896, 344.

The illicit conveyance of articles to or from the men's reformatory is
made punishable. St. 1887,339. And trespass on prison lands and dis-
turbance of prisons and illicit communication with prisoners. St. 1885,
303.

Provision for removal of persons and property unlawfully on prison
premises. St 1895, 141.

Sects. 6, 7 repealed. St. 1882, 203 § 4.

Sect. 6 et seq. The removal of subordinate officers is regulated. St.
1887,355; 1890,267. (See 1888, 264 ; 1889,412.) Subordinates must
give bond and be sworn. St. 1893, 426. May be transferred to service
as watchmen. St. 1894, 349.

Sect. 8 amended. St. 1887, 355.

Sect. 23 to govern inspector of industries when sersing as warden. St.

1894, 477.

Sect. 25 et seq. Provision made for grading and classifying prisoners
in the State prison. St. 1892, 267. (See 1891, 372.)

Sect. 27 amended. Words "or printing" stricken out. St. 1888, 189.
Sect. 30. Schools for the prisoners provided for. St. 1886, 197. (See

1895, 259.)

Sect. 43 et seq. Female convicts of the United States courts are to be
sent to the reformatory for women. St. 1887, 426; 1896, 304. (See
1894, 260; 1895, 218, 273.) Additional land taken for reformatory. St.
1885, 287, 1889, 463 ; 1894, 407. (See 1895, 141.)

Prisoners may be employed on land or in building appurtenant to re-
formatory. St. 1885, 94.

Transfers and removals of female prisoners regulated. St. 1888, 192 ;

1896, 317. (See 1894, 273 ; 1895, 273.)

p]scapes and attempts to escape are made punishable. St. 1885, 94.
(See 1882, 198.)

A burial place is provided for. St. 1882, 213.

A sewerage system is provided for. St. 1887, 403 ; 1892, 211.

Sect. 44. See St. 1883, 267 ; 1884, 43.

Sect. 52. Further provisions made as to permits. St. 1884, 152 ; 1888,
192, 317. (See 1887, 435 § 2.)

Sects. 54, 55. Method of approval of bills and contracts changed.
St. 1888, 403 § 7 ; 1889, 294. (See 1883, 267 ; 1884, 255 §§ 28, 30 ; 1887,
447; 1888, 22, 337.)

832 Changes in the Public Statutes. [Chap. 222.

Chapter 222. — Special Provisions concerning Penal and Other

Public Institutions.

IMasters of jails having public funds must deposit all uot required for
immediate use. St. 1890, 215.

Payment of funds regulated. St. 1893, 270.

No prisoner in any State institution shall be employed outside in me-
chanical or skilled labor for private parties. St. 1891, 209.

Prisoners or inmates of institutions suffering from syphilis shall have
medical treatment and ma}'^ be isolated. St. 1891, 420.

Surgical treatment and medical treatment provided for in certain cases.
St. 1882, 207 ; 1895, 195. And exercise for unemployed prisoners. St.
1895, 146. And teaching certain illiterate prisoners to read and write. St.
1895, 259.

Convicts may be punished for wilful destruction of property. St. 1891,
295; 1896, 344.

Sect. 3. See St. 1895, 195.

Sect. 10. Further provisions concerning removal of insane prisoners in
the reformatory for men. St. 1885, 320 ; 1895, 390.

Sects. 10, 11, 25. See St. 1886, 101 § 4.

Sects. 10, 12, 14. See St. 1886, 219 ; 1887, 367; 1895, 390.

Sect. 17. A trial justice may act, if there is no police or district court
in the county. St. 1882, 201. "

Sect. 20 does not apply to persons sentenced to the reformatory. St.
1886, 323 § 7. Provision'for special deductions at State farm. St. 1894,
258. (See 1887, 264.)

Sects. 20, 21. Form of sentences to State prison modified. St. 1895,
504. Releases on probation are further regulated. St. 1884, 152, 255
§§ 33, 34; 1887, 435 § 2; 1888, 317; 1894, ^"440 ; 1895, 252.

Sect. 25. See St. 1891, 420 § 2.

§ 1.

Glossary.

The relations of avoirdupois and troy pounds are fixed. St. 1894, 198

Changes in the Statutes. 833

II.
CHANGES IN THE GENERAL STATUTES

PASSED SINCE THE ENACTMENT OF THE
"PUBLIC STATUTES."

[The changes are more fully stated in Table I., tinder the appropriate chapter of the

Public Statutes.]

Statutes of 1882.

Chap.

28 Repealed, 1890, 423 § 228. (See 1885, 108; 1893, 417 § 193.)

P. S. 7.

29 Repealed, 1886, 66. (See 1891, 24.) P. S. 5.

36 Amended, 1888, 114. (See 1894, 389, 422.) P. S. 52.

41 § 2 superseded, 1887, 163 § 2. P. S. 154.

43 Affected, 1885, 132. P. S. 154.

49 Amended, 1894, 130. See 1896, 162. P. S. 2, 77, 160.

50 Repealed, 1894, 317. P. S. 116.
63 Superseded, 1886, 307. P. S. 154.
65 Repealed, 1885, 247. P. S. 91.

74 Repealed, 1884, 299 §44. (See 1890, 423 ; 1893, 417 § 176.) P. S. 7.

76 Superseded, 1888, 363. (See 1887, 228 ; 1889, 446.) P. S. 11.

77 Repealed, 1894, 317. (See 1883, 258 § 2 ; 1884, 72; 1886, 300;

1887, 214 § 95.) P. S. 116.
87 Superseded, 1886, 167. P. S. 154.

94 Superseded, 1882, 225. (See 1894, 469.) P. S. 112.

95 See 1893, 396 §§ 25-29. P. S. 154.

97 Superseded, 1887, 411 § 23. (See 1893, 367 § 23.) P. S. 14.

102 Amended, 1884, 245. P. S. 91.

103 Affected, 1883, 109 § 1. P. S. 19.

106 Amended, 1883, 74. Affected, 1884, 330 § 3 ; 1886, 230; 1891,

341 ; 1894, 381, 541 ; 1895, 157, 311. P. S. 13, 105.
108 § 1 amended, 1888, 313. P. S. 53.

111 Repealed, 1886, 38. P. S. 16.

112 Affected, 1894, 67. P. S. 16.

125 Repealed, 18-91, 356. (See 1891, 427 ; 1892, 242, 276, 303.) P. S.

112.
127 § 2 amended, 1886, 101 § 4. P. S. 89.

S34: Changes in

Statutes of 1883 — Contimied.
Chap.

129 Superseded, 1893, 469. (See 1886, 184; 1889, 251.) P. S. 158.

135 Shall not apply to provisions of 1890, 428. See 1885, 194. P. S.112.

139 Extended, 1883, 252; 1889, 197; 1896, 476. P. S. 18, 159.

144 Superseded, 1893, 469. P. S. 158.

146 Affected, 1886, 15. P. S. 154.

148 Repealed, 1894, 317. (See 1886, 252; 1889, 77, 321; 1892, 248.)
P. S. 116.

150 Repealed, 1894, 508. P. S. 74.

154 § 1 amended, 1890, 240. § 7 extended, 1895, 450 § 4. Affected,
1884, 226; 1893, 300, 407, 416 § 11; 1896, 199. (See 1887,
411 §§ 90, 108 ; 1893, 367 §§ 90, 108.) P. S. 27, 28.

157 Affected, 1888, 289. P. S. 17.

158 Superseded, 1889, 440 § 10; 1891, 293. P. S. 4.
163 Affected, 1886, 296 § 3. P. S. 35, 203.

165 Amended, 1887, 125. P. S. 11.

166 § 1 amended, 1884, 317. ^See 1893, 201 ; 1895, 88.) P. S. 91.
176 In part repealed, 1884, 197; 1887, 117; 1894, 470. P. S. 154.

178 Superseded, 1887, 411 § 127. (See 1893, 367 § 127.) P. S. 14.

179 Superseded, 1887, 411 § 124. (See 1893, 367 § 124. Res. 1890,

67.) P. S. 14.

181 § 3 amended, 1886, 330 ; 1888, 248. §§ 1, 2, 3 amended, 1886, 101 § 4.

Affected, 1883, 232 ; 1893, 217, 252 ; 1896, 382, P. S. 48, 86.

182 Superseded, 1896, 380. P. S. 28.

195 § 1 repealed, 1888, 449 § 21. (See 1894, 367, 522.) P. S. 119.

196 Repealed, 1888, 24. P. S. 5.

199 Affected, 1886, 276 § 11. P. S. 92.

200 Repealed, 1894, 317. (See 1886, 77.) P. S. 116.

203 Repealed, 1888, 264 § 3 ; 1889, 412. (See 1884,95; 1887,355.)

P. S. 221.
205 Repealed, 1888, 274 § 3. (See 1892, 104, 328.) P. S. 152.
208 Repealed, 1894, 481. (See 1883, 173 ; 1892, 419 § 138.) P. S. 104.
212 Affected, 1883, 105 ; 1887, 31 ; 1888, 256 ; 1894, 143, 144 ; 1895,

57. § 2 amended, 1888, 333. § 6 affected, 1885, 327. P. S. 20.

217 § 1 amended, 1888, 323. (See 1889, 465.) P. S. 11.

218 Affected, 1890, 127. P. S. 11.

219 Affected, 1884, 122. P. S. 45.

220 Limited, 1894, 129. P. S. 100.

223 Amended, 1893, 194, 280. P. S. 146.

224 Repealed, 1890, 168. (See 1883, 202.) P. S. 116

225 Extended, 1894, 469. P. S. 112.

226 § 2 affected, 1892, 290. P. S. 219.

227 § 3 amended, 1883, 75; 1889, 122. P. S. 154.

231 Repealed, 1887,423. (See 1885, 124; 1888, 90 § 2 ; 1890, 369.)

'p. S. 116.

232 § 1 amended, 1886, 37 § 2 ; 1890, 294. P. S. 159.

233 Amended, 1886, 165. § 2 affected, 1889, 312. § 6 in part super-

seded, 1889, 19; 189^, 93; 1893, 479. P. S. 154.

THE Statutes. 835

Statutes of 1883 — Concluded.

Chap.

237 Extended, 1885, 283. Amended, 1890, 427 § 1. Affected, 1893,

340. (See 1889, 442.) P. S. 176.
239 Superseded, 1894, 412. P. S. 153.

241 See 1885, 35 ; 1887, 292, 375 ; 1888, 192 ; 1895, 273 ; 1896, 317, 521,

536. P. S. 219.

242 Affected, 1885, 90. P. S. 100.

243 Repealed, 1888, 390 § 95. P. S. 12.

244 Affected, 1886, 125. Extended, 1890, 181. P. S. 112, 115.

245 § 1 superseded in part. 1886, 15, 37, 130, 166; 1887, 180; 1888,

195; 1889, 97, 158, 174, 218, 277, 289; 1892, 100; 1893, 479.
§ 2 superseded, 1887, 160; 1892, 233. P. S. 154, 159.

246 Affected, 1885, 345 § 6. P. S. 40.

247 Repealed, 1884, 298 § 53. (See 1890, 423 ; 1893, 417.) P. S. 6.

249 Superseded, 1895, 234 § 5. P. S. 187.

250 Repealed, 1885, 122. (See 1894, 399.) P. S. 102.

251 Affected, 1883, 98 ; 1896, 277, 285, 286, 327, 361. Amended, 1885,

121. In part repealed, 1887, 216. (See 1895, 172.) P. S. 117.

252 Repealed, 1892, 419 § 138. P. S. 11, 104.

253 Superseded, 1891, 396. P. S. 9.
255 See 1896, 190. P. S. 49.

257 § 1 superseded, 1894, 394. §§ 2, 3 superseded, 1895, 193. (See

1884, 334; 1887, 116.) § 4 affected, 1895, 11. P. S. 2.

258 See 1894, 180. P. S. 102.

259 See 1894, 388 ; 1896, 169. P. S. 100.

260 Repealed, 1890, 423 § 228. (See 1893, 417.) P. S. 7.

263 Amended, 1883, 263 § 1 ; 1884, 289; 1886, 171. Affected, 1885,

352 § 5; 1886,317,318; 1891,319; 1896,397. § 5 amended,
1886, 101 § 4. P. S. 208.

264 Affected, 1888, 257; 1889, 443. P. S. 168.

265 § 3 affected, 1884, 279. P. S. 112.

266 Repealed, 1894, 481. (See 1887, 218, 276; 1888, 426) P. S.

104.
268 Repealed, 1884, 298 § 53. (See 1890, 423 § 228; 1893, 417.)

P. S. 6.
270 § 3 amended, 1886, 101 § 4. In part repealed, 1892, 318 § 16.

§ 4 amended, 1884, 210; 1885, 176; 1893, 262. (See 1889,

309, 416; 1891, 194.) P. S. 48.
272 Affected, 1884, 76. P. S. 102.
274 § 2 repealed, 1883, 183 § 3. P. S. 94.

Statutes of 1883.

31 Affected, 1895, 88. P. S. 91.

33 Repealed, 1887, 214 § 112. (See 1891, 368; 1892, 47; 1894, 522.)

P. S. 119.
36 Repealed, 1886, 276 § 11. P. S. 92.
41 § 1 affected, 1887, 86 § 2. P. S. 11.

836 Changes in

Statutes of 1883 — CoiUimied.

Chap.

42 Repealed, 1890,423 § 228. (See 1884, 299 §§ 29-32; 1886, 262;

1888, 164; 1893, 417 § 209.) P. S. 7.

48 Superseded, 1887, 26. P. S. 15.

52 Repealed, 1894, 317. (See 1883, 248: 1886, 77.) P. S. 116.

53 Superseded, 1888, 235. P. S. 154.

54 Superseded, 1886, 37; 1890, 294. P. S. 159.

55 Superseded, 1891, 292. (See 1885, 369 § 3 ; 1888, 85 ; 1889, 440.)

P. S. 4.

57 Superseded, 1885, 155 § 5, P. S. 155.

61 Affected, 1888, 180. P. S. 26.

62 Affected, 1886, 281 ; 1888, 346. P. S. 183.
65 See 1890, 440 § 9 ; 1896, 225. P. S. 103.

71 Superseded, 1892, 96. (See 1886, 73 ; 1889, 103.) P. S. 11.

76 Affected, 1884, 199; 1886, 163; 1889, 292; 1890, 336. P. S. 91.

78 Affected, 1885, 339 § 3 ; 1886, 319 § 2. P. S. 87.

80 § 2 superseded, 1886, 106 § 2. P. S. 154.

91 Affected, 1887, 86 ; 1890, 242. (See 1891, 65.) P. S. 11.

93 Superseded, 1890, 242. (See 1887, 86.) P. S. 11.

97 § 3 superseded, 1894, 336. (See 1885, 180; 1888, 233 ; 1891, 107.)

P. S. 154.

98 Affected, 1885, 121 ; 1887, 216. P. S. 117.
101 Repealed, 1888, 390 § 95. P. S. 12.

105 Affected, 1887, 31; 1888, 333; 1894, 143, 144; 1895,57. P. S. 20.

107 Repealed, 1887, 214 § 112. (See 1894, 522.) P. S. 119.

109 Aft"ected, 1895, 106. P. S. 19.

110 Ameuded, 1886, 101 § 4. P. S. 89.
113 Aft'ected, 1883, 1.54. P. S. 1.

117 Amended, 1888, 240. Extended, 1891, 129. P. S. 112.

118 Affected, 1889, 457. P. S. 68.

120 Superseded, 1887, 448 § 2. (See 1892, 388.) P. S. 99.

124 § 1 superseded, 1888, 306 § 2. § 2 amended, 1887, 335. P. S. 32.

126 Repealed, 1887, 214 § 112. (See 1894, 522.) P. S. 119.

133 Superseded, 1889, 193. P. S. 80.

134 Repealed, 1894, 317. P. S. 116.

138 Amended, 1886, 101 § 4; 1893, 302. (See 1884, 98.) P. S. 80.

142 Aft'ected, 1889, 299. (See 1890, 264 § 3.) P. S. 82.

145 Affected, 1884, 237 ; 1886, 210. P. S. 50.

148 §§ 2, 3 amended, 1889, 90. P. S. 87.

156 Extended, 1887, 147 ; 1888, 436 § 28. P. S. 203.

157 Limited, 1884, 275 § 4. Affected, 1887, 280; 1892, 357. P. S.

48, 74.

158 Amended. 1889, 288. P. S. 32.

104 Repealed, 1886, 38. (See 1886, 334.) P. S. 16.

168 Affected, 1892. 331. P. S. 68.

173 Repealed, 1892, 419 § 1.38; 1894, 481. P. S. 104.

174 Affected, 1886, 236; 1887, 433 § 4. (See 1893, 208; 1894, 498.)

P. S. 44.

THE Statutes. 837

Statutes of 1883 — Concluded.

Chap.

175 Affected, 1890, 202. P. S. 155.

187 Affected, 1884, 169. (See 1893, 419.) P. S. 102.

202 Repealed, 1890, 168. P. S. 116.

203 Repealed, 1893, 417. (See 1886, 150.) P. S. 27.

216 Amended, 1886, 51 ; 1887, 289. (See 1888, 282.) P. S. 159.

217 Affected, 1887, 447 § 8 ; 1888, 189, 403 § 2 ; 1891, 371. (See 1894,

451.) P. S. 219, 220, 221.

218 Superseded, 1894, 429. (See 1884, 70.) P. S. 60.
221 Extended, 1889, 398, 434; 1895, 350. P. S. 27, 109.

223 Affected, 1885, 384. § 5 amended, 1884, 316; 1892, 440. § 7

amended, 1893, 61. § 16 extended, 1895, 116. § 17 affected,
1887, 383. P. S. 151, 152, 167.

224 Repealed, 1888, 348 § 12. (See 1885, 222; 1892, 352.) P. S. 48.

225 See 1888, 414; 1890, 465; 1894, 198. P. S. 65.

229 Repealed, 1890, 423 § 228. (See 1885, 261 ; 1891, 32 ; LSS)3, 417.)

P. S. 7.

230 Repealed, 1887, 94. P. S. 58.

232 Affected, 1893, 217, 252; 1894, 481. § 3 amended, 1886, 101 § 4.

(See 1886, 330 § 2 ; 1888, 248 ; 1896, 382.) P. S. 84, 90.
235 Repealed, 1887, 214 § 112. (See 1894, 522.) P. S. 119.
239 In part repealed, 1886, 298. P. S. 87.

243 Affected, 1887, 270; 1888, 155; 1892, 260; 1893, 359; 1894, 499;

1895, 362 § 7. (See 1896, 302.) P. S. 74, 112.

244 Superseded, 1893, 469. (See 1888, 112. P. S. 158.)

245 Repealed, 1894, 498. P. S. 47.
248 Repealed, 1894, 317. P. S. 116.

251 Repealed so far as it relates to Boston, 1892, 419 § 138. Affected,

1884, 223; 1888, 86; 1894, 481. § 2 repealed, 1888, 426 § 14.
(See 1894, 414.) P. S. 104.

252 p:xtended, 1889, 197; 1896, 476. P. S. 18.

257 Affected, 1884, 307 ; 1885, 150. P. S. 60.

258 In part repealed, 1894, 317. (See 1886, 300; 1887, 214 § 112;

1894, 522.) P. S. 116, 119.
260 Affected, 1887, 98. P. S. 97.

262 Not repealed by 1885, 302. P. S. 82.

263 Superseded, 1884, 289 § 6. (See 1891, 319.) P. S. 208.

267 Affected, 1887, 447; 1888, 403; 1889, 294. P. S. 221.

268 See 1893, 355. P. S. 209.

Statutes of 1884.

4 Superseded, 1888, 115. P. S. 31.

8 Superseded, 1891, 411. P. S. 15.

14 Affected, 1895, 284. § 2 amended, 1887, 128. P. S. 5.

15 § 1 repealed, 1889, 101. (See 1890, 239.) P. S. 15.
22 § 1 repealed, 1891, 177. P. S. 43.

34 Repealed, 1889, 301 § 10. (See 1890, 447.) P. S. 30.

838 Changes in

Statutes of 1884 — Conthmed.

Chap.

38 Superseded, 1891, 429. (See 1887, 221.) P. S. 15.

42 Affected, 1886, 76. (See 1896, 291.) P. S. 27.

45 Superseded, 1887, 411 § 128. (See 1893, 367 § 128.) P. S. 14.

52 Repealed, 1894, 481. (See 1888, 426.) P. S. 104.

55 Repealed, 1887, 214 § 112. (See 1894, 522.) P. S. 119.

56 Repealed, 1884, 168. (See 1886, 69.) P. S. 116.

58 Repealed, 1887, 214 § 112. (See 1894, 522.) P. S. 119.

64 Amended, 1885, 198. P. S. 47.

65 Superseded, 1887, 318. P. S. 154.

69 Repealed, 1894, 320. P. S. 44.

70 Superseded, 1894, 429. P. S. 60.
72 Repealed, 1894, 317. P. S. 116.

74 Repealed, 1887, 214 § 112. P. S 119.

78 Affected, 1887, 404; 1891, 265. P. S. 39.

79 Superseded, 1888, 385. P. S. 15.
88 Repealed, 1886, 298. P. S. 87.

95 § 1 repealed, 1889, 412 § 2. (See 1888, 264.) P. S. 221.
98 § 1 revised, 1890, 102, § 2 added to, 1891, 188. (See 1893. 302.)
P. S. 80.
103 Affected, 1885, 161. P. S. 44.

118 Repealed, 1887, 217. P. S. 156.

119 Repealed, 1887, 214 § 112. (See 1891, 233; 1894, 522.) P. S.

119.

120 Repealed, 1887, 214 § 112. (See 1891, 368; 1892, 47; 1894, 522.)

P. S. 119.
125 Repealed, 1888, 437 § 6. (See 1893, 417 §§ 96-99.) P. S. 28.
129 Amended, 1896, 269. Affected, 1891, 321 ; 1892, 245 § 7. P. S. 29.
131 Affected, 1884, 291. P. S. 130.
134 Affected, 1895, 356. P. S. 112.

140 In part superseded, 1894, 66. (See 1887, 156.) P. S. 156.
150 Repealed, 1894, 317. P. S. 116.
152 Aff'ected, 1884, 255 §§ 33, 34; 1886, 323 ; 1888, 317. P. S. 220,

221.

154 § 1 amended, 1896, 252. See 1884, 172; 1888, 160, 375; 1890,441.

P. S. 80.

155 Superseded, 1890, 309. P. S. 48.
162 Repealed, 1888, 390 § 95. P. S. 12.

166 Repealed, 1885, 369 § 4. (See 1889, 440.) P. S. 4.

168 Repealed, 1894, 317. (See 1886, 69.) P. S. 116.

171 Amended, 1890, 193; 1891, 138. (See 1888, 276; 1895, 277.)

P. S. 91.

174 Extended, 1886, 328. P. S. 203.

177 Repealed, 1887, 214 § 112. (See 1894, 522.) P. S. 119.

178 Repealed, 1887, 214 § 112. (See 1894, 522.) P. S. 119.

179 Affected, 1888, 322 ; 1892, 68 ; 1893, 124 ; 1894, 245, 314 ; 1895, 10 ;

450 § 19 : 488 § 18. §§ 3, 4 amended, 1890, 58 ; § 4 partially re-
pealed, 1891, 54. P. S. 16.

THE Statutes. 839

Statutes of 1884 — Continued.
Chap.

180 Revised, 1887, 214 §§62-64. Extended, 1889, 378. (See 1894, 522.)

P. S. 106.

181 Repealed, 1894,224. (See 1885, 156; 1886, 174; 1888,437 § 6;

1894, 332; 1896, 8.) P. S. 31.

185 Affected, 1886, 259 § 2.. P. S. 102.

188 Superseded, 1893, 396 § 56. P. S. 154.

190 Repealed, 1885, 186. P. S. 103.

191 Affected, 1884, 286; 1887, 406, 1888, 297. P. S. ItJO.

192 Superseded, 1893, 469. P. S. 158.

193 Amended, 1889, 432. P. S. 214.

197 § 1 superseded, 1887, 117; 1894, 470. P. S. 154.

199 Affected, 1886, 163 ; 1889, 292 ; 1890, 336. P. S. 91.

204 Superseded, 1891, 190. P. S. 154.

210 Superseded, 1885, 176. (See 1893, 262.) P. S. 207.

212 Aft"ect3d, 1885, 256; 1890,293; 1891,122. Amended 1887, 314.
P. S. 91.

215 § 3 amended, 1888, 212. § 4 amended, 1885, 286. In part super-
seded, 1893, 479. P. S. 154.

217 Repealed, 1887, 214, § 112. (See 1894, 522.) P. S. 119.

222 Affected, 1895, 362. (See 1886, 242; 1894, 59) P. S. 112.

223 § 2 amended, 1888, 86. Repealed so far as relates to Boston, 1892,

419 § 138. (See 1894, 481.) P. S. 104.
226 Affected, 1887, 124. P. S. 51.

230 Superseded, 1893, 367. (See 1887, 411.) P. S. 14.

231 Affected, 1886, 333 ; 1887, 227. P. S. 154.

232 Affected, 1885, 378 ; 1887, 250, 252 ; 1892, 195, 432 ; 1893, 306 ;

1894, 491 ; 1895, 496. P. S. 58, 90.

234 § 3 amended, 1886, 101 § 4. P. S. 87.

235 Repealed, 1887, 214 § 112. (See 1894, 522.) P.S.I 19.

236 Amended, 1885, 353 ; 1889, 406. Affected, 1888, 405. § 9

amended, 1890, 387. (See 1889, 417 ; 1895, 394.) P. S. 157.

237 Affected, 1886, 210. (See 1896, 158.) P. S. 51.

242 Repealed, 1888, 390 § 95. (See 1886, 320.) P. S. 12.

247 Repealed, 1885, 141. (See 1889, 197.) P. S. 155, 169.

248 Superseded, 1893, 469. P. S. 158.

249 Affected, 1893, 191. P. S. 148.

253 Repealed, 1894, 317. (See 1889, 91.) P. S. 116.

255 Added to, 1884, 331 ; 1885, 35. Affected, 1885, 356, 365 ; 1886,
323 ; 1887, 435, 447; 1888, 49, 317; 1890, 316; 1891, 200;
1894, 440. § 2 amended, 1886. 101 § 4. § 11 affected, 1884,
323 § 4. § 14 repealed, 1894, 249. §§ 19, 22 repealed, 1888,
335 § 3. §§ 28, 30 amended, 1888, 403 § 7. § 30 in part re-
pealed, 1888, 337 § 2. § 35 amended, 1887,395; 1888,317.
P. S. 221.

258 § 2 amended, 1886, 101 § 4. P. S. 86.

264 Amended, 1892, 196. P. S. 91.

268 See 1894, 384. P. S. 164.

840 Changes in

Statutes of 1884 — Concluded.
Chap.

269 § 2 amended, 1892, 206. P. S. 69.
275 Repealed, 1894, 508. (See 1887, 215, 280 § 1, 330; 1888,348;

1890, 183 ; 1892, 83, 352, 357.) P. S. 48, 74.
280 See 1896, 158. P. S. 51.

282 Repealed, 1887, 111. P. S. 92.

284 Affected, 1885, 220 § 1 ; 1886, 299 ; 1895, 282. P. S. 91.

289 §§ 1, 2 amended, 1886, 101 § 4. § 1 repealed, 1891, 319. Affected,

1886, 117 ; 1896, 397. P. S. 58, 80.

296 Repealed, 1887, 214 § 112. (See 1894, 522 § 61.) P. S. 119.

297 § 3 amended, 1891, 299. § 4 amended, 1886, 101 § 4. (See

1887, 292 ; 1890, 180, 278 ; 1894, 214.) P. S. 88.

298 Repealed, 1890, 423 § 228. (See 1885, 271 § 6 ; 1886, 68 § 2, 264

§§4,5; 1887,432; 1888,200,206; 1889,404,467; 1890,305;

1891, 277 ; 1892, 351 ; 1893, 417.) P. S. 6.

299 Repealed, 1890, 423 § 228. (See 1885, 142, 351 ; 1887, 443 ; 1888,

164, 353, 436, 437; 1891, 264; 1892, 351; 1893, 417.) P. S. 7.
301 Superseded, 1885, 255. (See 1887, 290.) P. S. 124, 147.
304 Affected, 1889, 459, § 1 amended, 1890, 154. (See 1890, 451.)

P. S. 167.

306 Affected, 1887, 382 § 3, 385 § 4. P. S. 109.

307 § 2 amended, 1885, 150. P. S. 60.

308 Affected, 1890, 403. P. S. 92.

310 § 1 superseded, 1886, 317. P. S. 56. §§ 3, 4 superseded, 1886,

318. (See 1885, 352 ; 1891, 58, 412.) P. S. 57.
313 Does not applv to 1894, 326. § 2 amended, 1892, 411. P. S. 192.

316 Amended, 189*^2, 440. Affected, 1885, 384 § 1. (See 1887, 383 § 4.)

P. S. 152.

317 See 1893, 201. P. S. 91.

318 § 3 not affected by 1886, 234. P. S. 91.

319 Repealed, 1894, 359. (See 1886, 352; 1892, 59.) P. S. 2.

320 Affected, 1887, 345, 364; 1889, 177; 1891, 140; 1893, 253; 1895,

376 ; 1896, 494, 517. p:xtended, 1889, 352; 1894, 267. Limited,
1896, 246, 449. Added to, 1891, 140. § 4 amended, 1888, 334.
§14,cl. 6, amended, 1896, 517 §8. (See 1895, 501.) § 15 amended,
1893, 95; 1896, 502. § 17 amended, 1889, 183. § 19 amended,

1888, 253. § 20 amended, 1889, 177, 351. (See 1887, 437;
1888, 41 ; 1889, 473 ; 1894, 519.) Not affected by 1885, 323.
P. S. 21, 74.

322 §§ 7, 9 amended, 1886, 101, § 4. P. S. 87.

323 Affected, 1885, 86, 151 ; 1895, 428. P. S. 89.

328 Repealed, 1892, 101. P. S. 15.

329 Affected, 1888, 1. P. S. 2.

330 Affected, 1886,230; 1891,341; 1894, 381,541. Extended, 1895,

311; 1896, 391. §§ 1, 2 extended, 1889, 393, § 3 amended,
1895, 157. (See 1888, 321 ; 1890, 321 ; 1895, 387.) P. S. 105.

333 Superseded, 1887. 128. P. S. 5.

334 Superseded, 1894, 394. P. S. 2.

THE Statutes. 841

Statutes of 1885.

Chap.

5 Repealed, 1890, 423 § 228. (See 1885, 351 ; 1893, 417.) P. S. 7.

15 Repealed, 1886, 38. (See 1891, 233.) P. S. 16.

24 § 1 revised, 1890, 302. (See 1885, 371 ; 1896, 381.) P. S. 2.

32 Affected, 1890, 257. P. S. 21.

40 Affected, 1892, 268. P. S. 26.

42 Affected, 1889,143, 170; 1892, 268. P. S. 154.

45 Superseded, 1893, 396 § 17. P. S. 154, 161.

52 Repealed, 1888, 328. (See 1895, 431.) P. S. 219.

59 Affected, 1888, 405. Amended, 1892, 209. P. S. 157.

60 Extended, 1891, 218. P. S. 27, 28.
67 Affected, 1885, 161. P. S. 44.

71 Repealed, 1894, 498. P. S. 47.

73 Extended, 1895, 194. P. S. 207.

77 Superseded, 1891, 411. P. S. 15.

79 Affected, 1886, 124. P. S. 154.

83 Affected, 1885, 323 § 2. P. S. 100, 102.

.87 Superseded, 1891, 410. P. S. 15.

92 Repealed, 1894, 317. P. S. 116.

98 Affected, 1885, 122; 1894, 399. P. S. 59, 102.

106 Superseded, 1890, 242; 1891, 65. (See 1886, 56; 1887, 86.^

P. S. 11.

107 Repealed, 1890, 423 § 228. (See 1886, 262; 1893, 417.) P. S. S.

108 Repealed, 1890, 423 § 228. (See 1893, 417 § 193.) P. S. 7.

Ill Repealed, 1894, 317. (See 1886, 69 ; 1887, 196 ; 1888, 213 ; 1890,
168.) P. S. 116.

121 Affected, 1887, 216; 1895, 172. (See 1896, 277, 285, 286, 327,

361.) P. S. 117.

122 Affected, 1894, 399. P. S. 102.

123 Affected, 1890, 196; 1891, 149; 1892, 147; 1896, 190. (See 1893,

78, 403.) P. S. 54.

124 Repealed, 1894, 317. (See 1888, 90 § 2 ; 1890, 369.) P. S. 116.

131 Affected, 1887, 256; 1888, 389, 426 § 13; 1891, 302, 357 § 6.

P. S. 103.

132 See 1893, 396 § 63. P. S. 154.

134 In part repealed, 1886, 218. P. S. 152.

137 Superseded, 1893, 479. P. S. 154.

141 Affected, 1889, 197. P. S. 169.

142 Repealed, 1890, 423 § 228. (See 1888, 436; 1893, 417.) P. S. 7.
144 Repealed, 1886, 53. P. S. 213.

147 Superseded, 1893, 367 § 96. (See 1887, 411.) P. S. 14.

148 Repealed, 1887, 252, § 24. (See 1892, 195 ; 1893, 306 ; 1894, 491 ;

1895, 496.) P. S. 90.

155 Affected, 1887, 322. § 3 in part superseded, 1895, 500. P. S. 154.

156 Repealed, 1888, 437 § 6. P. S. 28.

157 See 1893, 300 § 6, 331. P. S 27.

158 Repealed, 1895, 310. (See 1892, 318.) P. S. 80.

159 Superseded, 1893, 417. P. S. 7.

842 Changes in"

Statutes of 1885 — Continued.
Chap.

165 Superseded, 1893, 469. (See 1889, 211.) P. S. 158.
168 Superseded, 1889, 250. P. S. 17.

173 Repealed, 1889, 301 § 10. (See 1886, 39 ; 1890, 447.) P. S. 30.
176 Amended, 1893, 262. P. S. 207.
178 Superseded, 1887, 281. P. S. 29.

180 Superseded, 1894, 336. (See 1888, 233; 1891, 107.) P. S. 154.
183 Superseded, 1890, 421. (See 1892,435; 1894,367,522.) P. S.

119.
191 Repealed, 1896, 412. P. S. 152.

193 Repealed, 1887, 120. P. S. 91.

194 § 4 ameuded, 1887, 295. Shall not apply to provisions of 1890, 428.

(See 1891, 33, 123, 262; 1892, 312; 1893, 283, 424; 1894, 545.)
P. S. 112.

195 § 1 superseded, 1889, 70. § 2 superseded, 1891, 375. (See 1887,

30.) P. S. 16.
198 Repealed, 1894, 498. P. S. 47.

203 Repealed, 1893, 469. P. S. 158.

204 Repealed, 1889, 301 § 10. (See 1886, 39, 110; 1887, 122.) P. S.

30.

205 Amount increased, 1892, 230 ; 1893,431; 1895,364. (See 1888,

280; 1889, 418.) P. S. 158.

210 § 2 repealed, 1894, 317. P. S. 116.

211 Amended, 1891, 153. (See 1887, 440.) P. S. 86.
214 Repealed, 1889, 279 § 11. (See 1892, 291.) P. S. 30.

216 Affected, 1888, 254, 262; 1889, 347. Limited, 1889, 186. Ex-
tended, 1889, 361 ; 1896, 162 § 2, 308. P. S. 100.

220 § 3 repealed, 1888, 223 § 5 ; 1892, 188 § 6. § 4 repealed, 1887, 96.
(See 1888, 238, 1896, 268.) P. S. 91.

222 Repealed, 1888, 348 § 12. (See 1889, 291; 1890, 183, 299; 1892,
83, 352, 357.) P. S. 48.

227 Repealed, 1894, 176. P. S. 41.

229 Repealed, 1890, 423 § 228. (See 1893, 417.) P. S. 7.

236 Superseded, 1887, 411. (See 1890, 425; 1891,232; 1893, 367.)
P. S. 14.

238 Amended, 1886, 270. P. S. 13.

240 Rights under, not affected by 1891, 189. P. S. 106.

241 Repealed, 1887, 214 § 112. (See 1893,117; 1894,522.) P. S.

119.

242 Repealed, 1889, 192. P. S. 130.

246 Repealed, 1890, 423 § 228. (See 1892, 351 ; 1893, 417.) P. S. 7.

248 Repealed, 1890, 423 § 228. (See 1888, 436, §§ 10, 26, 29; 1893,

417.) P. S. 7.

252 Repealed, 1890, 416 § 7. (See 1888, 388; 1892, 428.) P. S. 102.

255 Affected, 1887, 290. P. S. 147.

260 Amended, 1890, 265. P. S. 130.

261 Repealed, 1890, 423 § 228. (See 1891, 32.) P. S. 27.

262 Repealed, 1890, 423 § 228. (See 1892, 224 § 4.) P. S. 7.

THE Statutes. 84:3

Statutes of 1885 — Continued.
Chap.

2^b § 2 amended, 1886, 101 § 4. (See 1885,379; 1887,310; 1888,

306 § 2.) P. S. 82.
266 Extended, 1889, 245 ; 1895, 449. (See 1896, 521.) P. S. 220.
268 Repealed, 1890, 423 § 228. (See 1891, 264; 1893, 417.) P. S. 7.
271 Repealed, 1890, 423 § 228. (See 1886, 68, 264; 1892, 351 ; 1893,

417.) P. S. 6.
275 Superseded, 1893, 469. P. S. 158.

277 Superseded, 1889, 303 ; 1891, 80 ; 1892, 354, 399. P. S. 22.
283 Amended, 1890, 427 § 1. (See 1889, 442: 1893, 340.) P. S. 176.
287 Affected, 1889, 463. P. S. 221.

291 Amended, 1887, 74 ; 1892, 133 ; 1893, 452 ; 1894, 68, 330. Affected,

1887, 24 ; 1889, 324 ; 1893, 404. (See 1895, 153 § 2.) P. S. 159.

292 Limited, 1887, 307. P. S. 102.

293 Affected, 1888, 346 § 1. (See 1887, 286 ; 1894, 104 ) P. S. 178.

299 Affected, 1896, 158. P. S. 51.

300 Repealed, 1887, 214 § 112. (See 1894 522.) P. S. 119.

302 Extended, 1892, 165. P. S. 80, 82.

303 See 1887, 339. P. S. 203, 221.

304 Amount increased, 1890, 192. P. S. 158.

305 See 1890, 70; 1894, 433. P. S. 207.

307 Superseded, 1894, 218, 473 ; 1895, 398. P. S. 80.

308 Repealed, 1887, 214 § 112. (See 1894, 522.) P. S. 119.

309 Extended, 1887, 445. P. S. 102.

312 Affected, 1891, 221 ; 1893, 225 § 3, 247, 445. § 4 amended, 1889,

372; 1893,23. (See 1887, 226.) P. S. 29.

313 Repealed, 1896, 397. (See 1887, 267, 431 ; 1888, 209 ; 1893, 227,

472; 1894, 435.) P. S. 80.

314 Affected, 1886, 346; 1887, 385; 1888, 350; 428; 1891, 370; 1892,

259, 263 ; 1894, 327, 503 ; 1896, 356. § 1 amended, 1889, 373.
§ 5 extended, 1895, 463. (See 1891, 351.) §§ 6, 7, 9, 12, 13,
14 extended, 1887, 382; 1896, 426. § 7 amended, 1886. 346 § 2.
P. S. 61.

315 Affected, 1895, 106. P. S. 19.

316 § 1 repealed, 1895, 461. (See 1893, 436.) P. S. 207.
318 Superseded, 1893, 469. P. S. 158.

320 Affected, 1895, 390. § 2 amended, 1886, 101 § 4. P. S. 222.

321 Repealed, 1886, 13. P. S. 161.

322 Superseded, 1893, 396 § 34. (See 1887, 293.) P. S. 154.

323 Affected, 1889, 419 ; 1894, 266. P. S. 28.

326 Repealed, 1888, 426 § 14. (See 1892, 419 ; 1894, 481.) P. S. 104.

327 Affected, 1887, 31, 212; 1888, 333; 1889, 111. (See 1894, 143

§ 4.) P. S. 20.
332 Not modified by 1894, 320. P. S. 44.
334 Affected, 1891, 129, 204. (See 1890, 173.) P S. 112.
339 Affected, 1885, 385; 1886, 319; 1887, 346; 1889, 414; 1890, 414;

1891, 1.58; 1892, 53, 229; 1894, 195. P. S. 87.
341 Repealed, 1887, 98 § 16. P. S. 97.

844 Changes in

Statutes of 1885 — Concluded.
Chap.

342 Affected, 1887, 448; 1890, 284; 1892, 388; 1894, 410; 1895, 419.
P. S. 99, 212.

344 Affected, 1891, 266; 1893, 301. P. S. 19.

345 Amended, 1886, 45, 203; 1891, 419. § 5 amended. 1887, 36. § 7

repealed, 1887, 329. (See 1888, 257 § 4 ; 1891, 180 ; 1892 348 ;
1893, 376, 417.) P. S. 160.
348 Repealed, 1894, 317. P. S. 116.

351 Repealed, 1890, 423 § 228; 1893, 417. P. S. 7.

352 Amended, 1886, 317, 318 ; 1896, 398. (See 1891, 58, 412.) P. S.

55, 57.

353 Affected, 1888, 405 ; 1889, 406 ; 1890, 387. § 4 repealed, 1895,

394. P. S. 157.

354 Repealed, 1887, 214 § 112. (See 1894, 522.) P. S. 119.

355 §§ 1, 2, superseded, 1893, 423 § 10. P. S. 27.
358 8ee 1893, 419. P. S. 102.

365 Affected, 1886, 323 ; 1888, 49 ; 1892, 302, 303. P. S. 207.
369 Repealed, 1889,440 § 14. (See 1888, 191; 1890, 97, 126; 1891,
292.) P. S. 4.

374 Repealed, 1892, 419 § 138. (See 1889, 129 ; 1893, 75.) P. S. 104.

375 In part repealed, 1891, 427 § 8. (See 1892, 303.) P. S. 207.

376 Affecte<l, 1889, 185. (See 1890, 408; 1893, 379.) P. G. 144.

378 Affected, 1887, 252 ; 1894, 491 ; 1895, 476. (See 1892, 195, 432 ;

1893, 306.) P. S. 58, 90.

379 In part superseded, 1890, 213, 1892, 286. Affected, 1887, 310;

1888, 306 § 2. P. S. 26.
382 §§ 2, 4-10 repealed, 1892, 419 § 138. P. S. 104.

384 Affected, 1886, 223; 1887, 50, 332, 383; 1890,374; 1892,127.

§ 3 see 1896, 413. § 5 see 1895, 116. § 14 superseded, 1892,
169. P. S. 152, 178.

385 Affected, 1886, 319; 1887, 346, 367; 1890, 414; 1892, 229. (See

1894, 195 ; 1895, 286, 429.) P. S. 87.

Res. 73. See Res. 1886, 58; 1890, 73; 1891, 70; 1893, 87; 1895,
106. P. S. 1.

Statutes of 1886.

15 § 6 in part superseded, 1892, 100. P. S. 154.

31 Superseded, 1896, 526. (See 1888, 58 ; 1892, 271.) P. S. 152.

37 § 2 amended, 1890, 294. (See 1887, 243; 1888, 357, 371.) P. S.

159.

38 In part superseded, 1886, 334; 1889, 349. Extended, 1891, 233;

1893, 432; 1895, 276, 392; 1896, 326. P. S. 16.

39 Repealed, 1889, 301 § 10. (See 1887, 122.) P. S. 30.

45 Added to, 1891, 180. Affected, 1886, 203 ; 1891,419; 1892,348.

(See 1893, 376.) P. S. 160.
49 Repealed, 1890, 423 § 228. (See 1888, 434, 436 § 10; 1893, 417.)

P. S. 7.
51 Amended, 1887, 289. P. S. 188.

THE Statutes. 845

Statutes of 1886 — Continued.
Chap.

56 Superseded, 1887, 86; 1890,242; 1891, 65. P. S. 11.

63 Superseded, 1887, 411. (See 1893, 367.) P. S. 14.

66 § 1 repealed, 1891, 24. P. S. 5.

68 Repealed, 1890, 423 § 228. (See 1888, 200, 206 ; 1892, 351 ; 1893,

417.) P. S. 6.

69 Repealed, 1894, 317. (See 1887, 196; 1888, 213; 1890, 168.)

P. S. 116.

73 Superseded, 1895, 90. (See 1889, 103; 1892, 96.) P. S. 11.

77 Repealed, 1894, 317. P. S. 116.

78 Repealed, 1890, 423 § 228. P. S. 7.

82 Repealed, 1887, 391 § 4. (See 1895, 434.) P. S. 98.

85 Superseded, 1888, 362. P. S. 11.

87 Repealed, 1894, 508. (See 1887, 399; 1891, 239; 1885, 438.)

P. S. 74.

90 Repealed, 1887, 280 § 2. P. S. 74.

93 Repealed, 1894, 317. (See 1889, 180 ; 1893, 254.) P. S. 116.

95 Repealed, 1890, 168. P. S. 116.

101 § 3 amended, 1889, 370. P. S. 79.

105 Superseded, 1887, 411. (See 1893, 367.) P. S. 14.

106 Superseded, 1893, 479. P. S. 154.
110 Repealed, 1889, 301 § lO. P. S. 30.

114 Amount increased, 1895, 174. P. S. 158.

120 See 1894, 41. P S. 112.

124 Superseded, 1893, 479. P. S. 154.

125 Extended, 1890, 181. (See 1887, 270 § 6.) P. S. 115.
130 In part superseded, 1888, 195. P. S. 154.

132 Affected, 1896, 176. P. S. 23.

133 Affected, 1886, 176. P. S. 23.
137 See 1890, 266. P. S. 134.
140 See 1894, 499. P. S. 74.

144 Not to apply to certain province lands. 1893, 470. P. S. 19.

154 Superseded, 1891, 162. P. S. 154.

155 Superseded, 1889, 28. P. S. 154.
158 Superseded, 1893, 479. P. S. 154.

163 Affected, 1889, 292; 1890, 336. P. S. 91.

166 Superseded, 1893, 479. P. S. 154.

167 Superseded, 1893, 479. P. S. 154.

169 Repealed, 1887, 438. (See 1888, 275; 1890, 204, 216, 306, 380.)

P. S. 16.

171 See 1896, 397 §§ 18, 19. P. S. 208-

173 Repealed, 1894, 481. (See 1890, 179.) P. S. 104.

174 See 1894, 224, 332. P. S. 31.

175 Superseded, 1887, 232. P. S. 100.

176 Repealed, 1894, 317. P. S. 116.

183 Superseded, 1893, 469. P. S. 158.

184 Superseded, 1893, 469. (See 1889, 251.) P. S. 158.

187 Repealed, 1887, 214 § 112. (See 1888, 84; 1894, 522.) P. S. 119.

846 Changes in

Statutes of 1886 — Continued.
Chap.

189 Superseded, 1894, 352. (See 1893, 469.) P. S. 158.

190 § 2 in part superseded, 1893, 479. P. S. 154.

192 Limited, and § 4 repealed, 1891, 327. (See 1887, 197; 1890, 229;

1893, 205.) P. S. 91.
194 Limited, 1890, 289. P. S. 83.
197 Affected, 1895, 259. P. S. 221.

202 Repealed, 1887, 120. P. S. 91.

203 Amended, 1891, 419. Affected, 1892, 348. (See 1891, 180; 1893,

376.) P. S. 160.
207 Affected, 1892, 333. P. S. 37.
210 Affected, 1891, 97 ; 1892, 245 ; 1893, 65, 380 ; 1894, 528 ; 1895, 117,

127, 227; 1896, 236, 251. (See 1892, 402.) P. S. 50.
216 Superseded, 1896, 490 § 3. (See 1888, 425 ; 1889, 402.) P. S. 17.
219 Affected, 1887, 367; 1895, 390. (See 1894, 195, 251. Res. 1888,

89.) P. S. 79.

222 Reoealed, 1887, 214 § 112. (See 1893, 54; 1894, 522.) P. S.

119.

223 Affected, 1892, 127. (See 1896, 413.) P. S. 153, 161.

230 Affected, 1891, 341 ; 1894, 541 ; 1895, 157, 311. P. S. 105.

231 Superseded, 1889, 465. (See 1888, 158.) P. S. 11.
234 Affected, 1891, 52. P. S. 91.

236 Affected, 1887, 433 § 4. (See 1893, 208.) P. S. 44.

237 Superseded, 1887, 411 § 13. (See 1893, 367 § 13.) P. S. 14.

238 Superseded, 1891, 410. P. S. 15.

241 Repealed, 1888, 239. (See 1887, 179 ; 1889, 226.) P. S. 41.

242 Repealed, 1894, 59. P. S. 112.

250 Amended, 1890. 252 ; 1892, 67. P. S. 61.

251 Superseded, 1889, 339; 1891, 79; 1892, 298; 1893, 288, 291.

P. S. 22.

252 Repealed, 1894, 317. (See 1889, 77, 321 ; 1892, 248.) P. S. 116.

256 Superseded, 1896, 509. P. S. 8.

257 Amended, 1896, 522. P. S. 21.

259 § 1 repealed, 1889, 454 § 6. (See 1894, 309.) § 2 amended, 1887,

135. P. S. 102.

260 § 1 repealed, 1890, 83. Affected, 1893, 111 ; 1894, 481, 499. P. S.

74, 103.

262 Repealed, 1890, 423 § 228. (See 1893, 417.) P. S. 7, 27.

263 Amended, 1887, 269. Affected, 1892, 382. § 1 amended, 1888,

261. § 4 amended, 1890, 385. P. S. 74.

264 Repealed, 1890, 423 § 228. (See 1888, 146; 1891, 242; 1892, 190,

405; 1893, 417.) P. S. 7.

274 Repealed, 1888, 375. (See 1890, 441.) P. S. 80.

276 § 1 superseded, 1891, 142. (See 1888, 292 ; 1890, 249 ; 1893, 189,
398 ; 1894, 102, 205.) § 3 affected, 1890, 249. § 5 repealed,
1894,97. § 6 limited, 1887, 300. Added to 1891, 254. § 7 ex-
tended, 1895, 56. In part repealed, 1892, 102. (See 1893, 49,
105.) P. S. 92.

THE Statutes. 847

Statutes of 188G — Concluded.
Chap.

281 Affected, 1888, 345. P. S. 167, 183.

283 § 1 amended, 1889, 115. (See 1888, 437.) P. S. 28.

287 See 1895, 338. P. S. 80.

289 Affected, 1895, 456. (See 1890, 449 ; 1891, 144.) P. S. 67.

290 See 1894, 496. P. S. 157.

295 Repealed, 1893, 423. (See 1888, 221 ; 1889, 191 ; 1890, 254 ; 1893,

417 § 266.) P. S. 27.

296 § 4 affected, 1888, 199 § 3. (See 1889, 451 § 8; 1894,444.) P. S.

35, 216.

298 § 4 repealed, 1887, 123. P. S. 87.

305 Amended, 1888, 391 ; 1893, 466. P. S. 202.

307 Superseded, 1893, 479. P. S. 154.

317 Affected, 1891, 58, 412. § 3 amended, 1894, 280 § 1. P. S. 56.

318 § 4 amended, 1896, 398 § 3. Affected, 1891, 58, 412. P. S. 56, 57.

319 Affected, 1887, 346, 367; 1892, 229; 1894, 195; 1895, 390; 1896,

482. § 3 superseded, 1890, 414 § 2. P. S. 87.

320 Repealed, 1888, 390 § 95. P. S. 12.

323 § 1 affected and §§ 2, 3 repealed, 1892, 302. (See 1888, 49 ; 1891,
427; 1892, 303.) P. S. 221.

328 See 1887, 411 §§ 77, 79 ; 1893, 367 §§ 77, 79. P. S. 14, 203.

329 Affected, 1888, 311. P. S. 207.

330 Affected, 1888, 248. (See 1893, 217, 252.) P. S. 48.

332 Aft"ected, 1887, 142 § 3 ; 1888, 390 § 95. P. S. 13.

333 § 2 superseded, 1887, 227. P. S. 154.

334 Amended, 1889, 349. P. S. 16.
338 Superseded, 1896, 509. P. S. 8.

340 Restricted, 1892, 50. (See 1887, 307.) P. S. 102.

342 Extended, 1887, 320; 1891, 59. P. S. 146.

346 §§ 1, 2, 5 extended, 1887, 382. § 2 amended, 1888, 122. Affected,

1894, 450; 1896, 356. (See 1887, 385 ; 1888, 350; 1889, 169;

1892, 67, 263, 274.) P. S. 61, 106.
348 Superseded, 1896, 509. P. S. 8.
352 Repealed, 1894, 359. (See 1892, 59.) P. S. 2.
354 Repealed, 1894, 444. (See 1887, 231.) P. S. 35.

Res. 58. SeeRes. 1890, 73; 1891,70; 1893,87; 1895, 106. P.S.I.

Statutes of 1887.

24 Repealed, 1894, 424. (See 1887, 74 ; 1889, 324 ; 1892, 133 ; 1896,

459.) P. S. 159.
26 Superseded, 1893, 103. P. S. 15.

30 Superseded, 1891, 375. (See 1888 432.) P. S. 16.

31 Affected, 1888, 333 ; 1894, 143, 144; 1895, 57. P. S. 20.

38 Repealed, 1888, 209 § 2. P. S. 208.

39 Amount increased, 1889, 209 ; 1894, 259. P. S. 158
57 Affected, 1896, 176. P. S. 28.

61 § 2 superseded, 1888, 89. P. S. 154.

8.48 Changes in

Statutes of 1887 — Continued.
Chap.

63 Affected, 1889, 237, 269. P. S. 156.

67 Exteuded, 1891, 15 ; 1894, 27, 117. P. S. 203.

72 Superseded, 1893, 469. P. S. 158.

74 Amended, 1892, 133. (See 1893, 404, 452 ; 1894, 68, 330.) P. S.

159.

83 Superseded, 1891, 411 § 2. P. S. 15.

86 Superseded, 1890, 242. (See 1891, 65.) P. S. 11.

87 Extended, 1891, 384. P. S. 16.

96 Repealed, 1896, 268. (See 1888, 223, 238; 1892, 188.) P. S. 91.

103 Repealed, 1894,508. (See 1887, 173, 215, 218; 1888. 149,305,

426 ; 1890, 438 ; 1891, 261 ; 1894, 481.) P. S. 48, 74.

105 § 2 amended, 1890, 30. P. S. 91.

110 Superseded, 1888, 390. P. S. 12.

112 Superseded, 1888, 257. P. S. 159.

113 Repealed, 1894, 317. P. S. 116.

116 Superseded, 1895, 193. P. S. 2.

117 Superseded, 1894, 470. P. S. 154.

121 Repealed, 1894, 508. P. S. 74.

122 Repealed, 1889, 301 § 10. (See 1889, 279 ; 1890, 447.) P. S. 30.
124 Affected, 1896, 158. P. S. 51.

127 In part superseded, 1892, 128. P. S. 103.

128 In part superseded, 1893, 358 ; 1895, 284. Affected, 1893, 409 ;

1894, 531. (See 1890, 456 § 2.) P. S. 5.

142 Repealled, 1888, 390 § 95. P. S. 12.

143 Affected, 1890, 334. P. S. 203.

147 Repealed, 1890, 423 § 228. (See 1888, 436 § 28 ; 1889, 413 § 28.)

P. S. 7.

156 Superseded, 1894, 66. P. S. 156.

160 In part superseded, 1889, 238; 1892, 233. P. S. 17.

164 Superseded, 1894, 415. P. S. 25.

166 Superseded, 1893, 469. P. S. 158.

173 Repealed, 1894, 508. (See 1887, 215.) P. S. 48, 74.

174 Superseded, 1893, 479. P. S. 154.

175 Affected, 1889, 206. P. S. 154.

178 Affected, 1892, 353; 1893, 51. P. S. 103.

179 Repealed, 1888, 239. (See 1889, 226). P. S. 41.

180 Superseded, 1891, 161. P. S. 154.
193 § 3 amended, 1891, 137. P. S. 91.

196 Repealed, 1894, 317. (See 1888, 213 ; 1890, 168.) P. S. 116.

197 Superseded, 1891, 327. (See 1890, 229.) P. S. 91.
199 Superseded, 1893, 190. P. S. 159.

202 Affected, 1889, 208; 1892, 305. § 5 amended, 1890, 402. P. S.

32.
206 Affected, 1890, 439 ; 1893, 226 ; 1894, 542. P. S. 100, 115.

208 Superseded, 1893, 479. P. S. 154.

209 Superseded, 1893, 86. (See 1892, 287.) P. S. 5.
212 Amended, 1889, 111. (See 1888, 333.) P. S. 20.

THE Statutes. 849

Statutes of 1887 — Continued.
Chap.

214 In part superseded, 1894, 522. (See 1882, 195 ; 1883, 33, 107, 126,

235, 258; 1884, 55, 58, 119, 120, 177, 178, 180, 217, 235, 296;
1885, 183, 241, 300, 308, 354; 1886, 187, 222; 1887, 214, 283;
1888, 84, 141, 151, 154, 165 ; 1889, 356, 378 ; 1890, 26, 304 ; 1891,
195, 233, 289, 368 ; 1892, 47, 372 ; 1893, 54, 117, 224, 434 ; 1894,
19, 103, 120, 133, 137, 147, 225, 300, 381, 442.) P. S. 119.

215 Repealed, 1894, 508. (See 1887, 280 § 1, 330; 1888, 348; 1890,

183 ; 1892, 83, 352, 357.) P. S. 48, 74.

216 See 1889, 159,452; 1890, 243, 310; 1891, 403; 1894, 342; 1895,

171, 172 ; 1896, 277, 285, 286, 327, 361. P. S. 117.

217 Superseded, 1893, 422. P. S. 156.

218 Affected, 1888, 149 § 3, 316, 399, 426. (See 1890, 438 ; 1891, 261 ;

1894, 481, 508.) P. S. 103, 104.

219 Repealed, 1887, 276. P. S. 104.
221 Superseded, 1891, 429. P. S. 15.

225 § 1 amended, 1896, 369. (See 1890, 199; 1891, 341; 1894, 541;

1895, 311.) P. S. 106.

226 Affected, 1887, 281 ; 1888, 362 ; 1893, 247, 445. P. S. 11.

227 Superseded, 1894, 374. P. S. 154.

228 See 1888, 363; 1889, 446. P. S. 11.
234 Extended, 1888, 181. P. S. 103, 220.
243 In part superseded, 1895, 369. P. S. 159.
245 Superseded, 1892, 143. P. S. 20.

249 Repealed, 1890, 423 § 228. (See 1892, 351 § 2 ; 1893, 417.) P. S. 27.

252 Repealed, 1894,491. (See 1892, 195 ; 1893, 306 ; 1895, 496.) P. S.

58, 80, 90.

256 Affected, 1888, 389, 426 § 13 ; 1891, 302, 357 § 6. P. S. 103.

259 Superseded, 1893, 469. (See 1891, 318.) P. S- 158.

263 § 1 amended, 1894, 130. P. S. 2, 160.

266 Repealed, 1888, 248 § 2. P. S. 89.

267 Repealed, 1896, 397. (See 1893, 227, 472.) P. S. 80.

269 Affected, 1892, 382. § 1 extended, 1888, 261. § 3 amended, 1890,

385. P. S. 74.

270 Amended, 1888, 155; 1892, 260; 1893, 359; 1894, 499. (See

1890, 83 ; 1895, 362 § 7.) P. S. 74, 112.

272 Repealed, 1890, 423 §§ 143, 228. (See 1893, 417 § 7.) P. S. 7.

273 Superseded, 1893, 469. P. S. 158.

274 § 2 superseded, 1889, 92. P. S. 154.

276 Affected, 1888, 426 § 14. P. S. 104.

277 § 2 amended, 1895, 348 § 6. P. S. 72.

280 Repealed, 1894, 508. (See 1887, 330 ; 1888, 348 ; 1890, 183 ; 1892,

83, 352, 357.) P. S. 48, 74.

281 See 1893, 247, 445. P. S. 11.

283 Affected, 1888, 154; 1890, 197; 1892, 129. P. S. 13.

286 See 1894, 104. P. S. 178.

293 Superseded, 1893, 396 §§ 35, 39. P. S. 154.

295 Shall not apply to provisions of 1890, 428. P. S. 112.

850 Changes in

Statutes of 1887 — Contijiued,

Chap.

310 Affected, 1890, 213. P. S. 26.

314 Affected, 1890, 293; 1891, 122. P. S. 91.

315 Affected, 1895, 383. P. S. 219.

319 Repealed, 1894, 317. P. S. 116.

320 Extended, 1891, 59. P. S. 146.

327 In part superseded, 1894, 379. P. S. 154.

330 Repealed, 1894, 508. P. S. 48, 74.

332 § 3 see 1890, 261 § 3 ; 1895, 116. P. S. 147, 151.

338 §§1,2 amended, 1894, 218. P. S. 80.

342 § 2 in part re^jealed, 1891, 342. P. S. 13.

346 Affected, 1887, 367; 1889, 414; 1895, 390. § 2 amended, 1896,

482. P. S. 87.

355 Repealed so far as inconsistent with 1888, 264. P. S. 221.

361 Repealed, 1891, 125. (See 1892, 410.) P. S. 74.

362 Affected, 1891, 249. P. S. 112.

366 Affected, 1890, 326 ; 1893, 315 ; 1894, 462, 543. Amended, 1896,

409. P. S. 113.

367 Affected, 1894, 195 ; 1896, 482. P. S. 87.

371 Repealed, 1890, 423 §§ 215, 228. (See 1893, 417 § 263.) P. S. 27.

373 Extended, 1889, 286; 1891, 116; 1893, 149. P. S. 11.

375 Extended, 1888, 192. P. S. 221.

380 Amended, 1895, 419 § 10. P. S. 99.

382 Aft'ected, 1888, 350, 428; 1891, 370; 1892, 259, 263; 1896, 356,

426. Extended, 1895, 350. § 3 amended, 1892, 274. P. S. 61,
106, 109.

383 See 1892, 440; 1893, 61. P. S. 151.

385 Affected, 1891, 370 ; 1892, 259, 263 ; 1895, 169, 420. P. S. 61, 106.

391 §§ 1, 2 repealed, 1895, 434. (See 1893, 41.) P. S. 98.

399 Repealed, 1894, 508. (See 1891, 239; 1895, 438; 1896, 241.)

P. S. 74.
401 § 1 amended, 1893, 197. (See 1888, 248; 1889, 230; 1893, 197,

217, 252 ; 1896, 288, 382.) P. S. 84.

403 Affected, 1892, 211. P. S. 221.

404 Extended, 1891, 265. (See 1888, 326.) Affected, 1894, 126. § 3

amended, 1895, 105. P. S. 38.
406 Amended, 1888, 297. P. S. 100.
411 Repealed, 1893, 367. (See 1888, 366, 384 ; 1889,360; 1890,415,

425; 1891, 232; 1892, 238, 366; 1893, 193, 231. Res. 1890,

67.) P. S. 11.

422 See 1892, 331. P. S. 68.

423 Repealed, 1888, 90. (See 1890, 369.) P. S. 116.
426 Amended, 1896, 304. (See 1895, 273.) P. S. 221.

431 Repealed, 1896, 397. (See 1893, 472 ; 1894, 435.) P. S. 80, 100.

432 Repealed, 1890, 423 § 228. (See 1891, 395; 1893, 417 § 29.)

P. S. 6.

433 § 1 repealed, 1888, 348 § 12. § 2 amended, 1889, 135 ; 1890, 48,

299 ; 1891, 317. (See 1894, 508.) P. S. 48, 74.

THE Statutes. 851

Statutes of 1887 — Concluded.
Chap.

437 Repealed, 1896, 507. (See 1889, 473 ; 1895, 501.) P. S. 21, 74.

438 Affected, 1888, 275 ; 1890, 380 § 3 ; 1893,270; 1894,183; 1895,

143, 175. Extended, 1895, 493. § 2 amended, 1890, 306. § 5
amended, 1890, 216. (See 1890, 204, 215 ; 1895, 482.) P. S. 16.

440 Affected, 1891, 153. P. S. 86.

441 § 2 in part repealed, 1890, 354; 1892, 407. § 4 in part superseded,

1889, 230 § 2. P. S. 86.

442 Affected, 1888, 419; 1889, 415 § 1 ; 1890, 128; 1891, 271, 407.

P. S. 162.

443 Repealed, 1888, 436 § 6. (See 1890, 423 §§ 83, 228; 1893, 417.)

P. S. 100.

447 Limited, 1888, 22. § 5 repealed, 1891, 228. § 6 amended, 1895,

322. § 7 repealed, 1888, 403 § 6. § 12 amended, 1888, 403 § 4.
(See 1888, 189; 1891, 209, 371; 1894, 451.) P. S. 220, 221.

448 § 1 superseded, 1892, 388. § 2 repealed, 1895, 419. (See 1894,

410.) P. S. 99, 212.
Res. 103, affected. Res. 1895, 70. St. 1896, 310. P. S. 44.

Statutes of 1888

22 Amended, 1888, 403 § 5. (See 1888, 189; 1891, 209, 228, 371;

1894, 451.) P. S. 220, 221.

23 Repealed, 1890, 97. (See 1889, 440 § 14.) P. S. 4.

40 Repealed, 1894, 317. P. S. 116.

41 Superseded, 1889, 177.- P. S. 21.
46 See 1893, 173. P. S. 192-.

51 Repealed, 1894, 317. P. S. 116.

53 Repealed, 1894, 317. P. S. 116.

54 Superseded, 1893, 479, P. S. 154.

58 Superseded, 1896, 526. (See 1892, 271.) P. S. 152.

63 Superseded, 1888, 306 § 1 ; 1893, 263. (See 1889, 224.) P. S. 32.

84 Superseded, 1894, 522 § 5. P. S. 119.

85 Repealed, 1891, 292. (See 1889, 440 § 14.) P. S. 4.

86 Affected, 1892, 419. P. S. 104.
88 Superseded, 1893, 479. P. S. 154.

90 Repealed, 1894, 317. (See 1890, 369.) P. S. 116.

94 Extended, 1895, 153; 1896, 451. P. S. 153.

96 Repealed, 1894, 317. P. S. 116.

105 Affected, 1893, 477; 1894,455; 1895,453. (See 1892, 419 § 120.)

P. S. 80, 102.

110 Superseded, 1893, 479. P. S. 154.

112 Superseded, 1893, 469. P. S. 158.

113 Repealed, 1894, 481. (See 1888, 389, 426 § 13; 1891, 302, 357

§ 6.) P. S. 103, 104.

114 Extended, 1894, 389. (See 1894, 422.) P. S. 52.
120 Repealed, 1894,317. (See 1890, 222.) P. S. 116.
122 Superseded, 1889, 440 § 7. P. S. 4.

852 Changes in

Statutes of 1888 — Continued.
Chap.

123 See 1894, 514. P. S. 170.

127 Repealed, 1894, 317. (See 1890, 44.) P. S. 4, 116.

134 See 1892, 330. P. S. 115.

141 Superseded, 1894, 522 § 31. (See 1894, 133 § 2.) P. S. 119.

146 Repealed, 1890, 423 §§ 72, 228. (See 1893, 417 § 104.) P. S. 27.

148 Affected, 1888, 380, 420 ; 1889, 315. P. S. 132, 134.

149 Repealed, 1894, 508. (See 1890, 438; 1891, 261.) P. S. 74, 104.

151 Superseded, 1894, 522 § 60. (See 1891, 291.) P. S. 119.

152 Superseded, 1893, 469. P. S. 158.

154 Affected, 1890, 197; 1892, 129; 1894, 522. P. S. 13, 119.

155 Amended, 1892, 260. (See 1890, 83; 1893, 359; 1894, 499.) P. S.

74, 112.

157 In part superseded, 1893, 138. P. S. 17.

158 Superseded, 1889, 465. P. S. 11.
160 See 1889, 439. P. S. 80.

164 Repealed, 1890, 423 §§ 105-107, 228. (See 1893, 417 § 214.)

P. S. 7.

165 Superseded, 1894, 522 § 28. P. S. 119.

174 Superseded, 1892, 347. (See 1891, 404.) P. S. 35.

180 Affected, 1890, 440 § 8 ; 1893, 396 § 9. P. S. 26, 154.

186 Repealed, 1889, 440 § 14. P. S. 4.

189 See 1888, 403 ; 1891, 209, 228, 371. P. S. 221.

191 Superseded, 1890, 126. (See 1889, 440.) P. S. 4, 116.

192 Affected, 1896, 317. P. S. 221.

199 Repealed, 1889, 451, § 8. (See 1891, 229; 1894, 445, 522.) P. S.

35, 216.

200 Repealed, 1890, 423 § 228. (See 1892, 351 ; 1893, 417.) P. S. 6.
203 Repealed, 1890, 423 §§ 123, 228. (See 1893, 417 § 299.) P. S. 27.

206 Repealed, 1890, 423 § 228. (See 1892, 351 § 9 ; 1893, 417.) P. S.

27.

207 Repealed, 1888, 426 § 14. (See 1894, 481.) P. S. 104.
209 Repealed, 1896, 397. P. S. 208.

213 Repealed, 1894, 317. (See 1890, 168.) P. S. 116.

221 Repealed, 1893, 423. (See 1889, 191 ; 1890, 254; 1893, 417 § 266;

1894, 16.) P. S. 27.

223 Affected, 1892, 188; 1896, 268. P. S. 91.

233 Superseded, 1894, 336. (See 1891, 107.) P. S. 154.

238 Affected, 1896, 268. P. S. 91.

239 Extended, 1889, 226. P. S. 41.

240 Extended, 1891, 129. P. S. 112.
246 See 1889, 152. P. S. 154.

248 Affected, 1893, 217, 252. (See 1896, 288, 382.) P. S. 84, 89.
254 Extended, 1889, 347 ; 1894, 130 § 5 ; 1895, 337 ; 1896, 162 § 2, 308.
Affected, 1888, 262 ; 1889, 186, 361. P. S. 100.

256 Repealed, 1889, 440 § 14. P. S. 4.

257 § 1 amended, 1892, 95. § 3 repealed, 1891, 87 § 2. § 4 affected,

1891, 236. (See 1890, 209, 360.) P. S. 159, 199.

THE Statutes. 853

Statutes of 1888 — Continued.
Chap.

262 Amended, 1889 361. (See 1889, 186, 347.) P. S. 100.

264 Superseded, 1889, 412. P. S. 221,

267 § 2 superseded, 1891, 113. P. S 17.

274 Superseded, 1892, 104, 328. P. S. 150.

275 § 1 affected, 1890, 380 ; 1893, 270 ; 1894, 183 ; 1895, 143. § 2 super-

seded, 1891, 292. P. S. 4, 16, 23.

276 Repealed, 1890, 193. (See 1891, 138.) P. S. 91.

280 Amount increased, 1892, 230; 1893, 431, 1895, 364. (See 1885,
205; 1889, 418.) P. S. 158.

287 Amended, 1892, 234. P. S. 91.

288 Repealed, 1889, 275. P. S. 70.

290 Affected, 1890, 261 ; 1891, 415 § 3; 1895, 116. P. S. 156.

292 Superseded, 1894, 205. (See 1890, 249 ; 1891, 142 ; 1893, 189, 398 ;

1894, 102, 205.) P. S. 92.
296 Repealed, 1896, 297. P. S. 60.

304 Amended, 1889, 112. Affected, 1890, 347; 1892, 255. P. S.

27, 40.

305 Repealed, 1894, 508. P. S. 74.

306 Amended, 1893, 263. Affected, 1889, 224. P. S. 32.

314 Affected, 1891, 287 § 2. P. S. 152.

315 See 1890, 127. P. S. 11.

316 Repealed so far as relates to Boston, 1892, 419 § 138. Affected,

1888, 426 ; 1894, 337, 382. §§ 1, 2 amended, 1893, 199. Appeal
given, 1890, 438; 1891, 261. (See 1894, 481.) P. S. 104.

321 Extended, 1895, 387. P. S. 106.

326 See 1891, 265 ; 1894, 126. P. S. 38.

328 Affected, 1895, 431. P. S. 219.

333 Affected, 1894, 143, 144 ; 1895, 57. P. S. 20.

335 Superseded, 1889, 408. (See 1893, 333.) P. S. 221.

337 Repealed, 1889, 294. (See 1888, 403 §§ 7, 8.) P. S. 221.

340 Amended, 1892, 280; 1896, 440. P. S. 7, 31, 100.

346 See 1894, 104. P. S. 178.

348 Repealed, 1894, 508. (See 1889, 291 ; 1890, 183, 299 ; 1892, 83,

352, 357; 1894, 498.) P. S. 48, 74.

349 Extended, 1889, 300. (See 1889, 394; 1891, 224; 1893, 129, 450;

1894, 532; 1895, 39, 490; 1896, 531, 549.) P. S. 5.

350 Aft'ected, 1896,356. § 1 extended, 1894, 327. (See 1891, 370;

1892, 259, 263; 1896, 426.) P. S. 61.

352 Superseded, 1893, 396 §§ 6, 67. P. S. 154.

353 Repealed, 1890, 423 § 228. (See 1888, 436 ; 1892, 351 ^ 48 ; 1893,

417 §§ 130, 283.) P. S. 7.
355 Repealed, 1894, 317. (See 1896, 231.) P. S. 116.

365 Repealed, 1896, 302. (See 1889, 154.) P. S. 26.

366 Repealed, 1892, 366. (See 1893, 367 §§ 22, 29, 30; 1894, 312;

1896, 182.) P. S. 14.
375 Added to, 1890, 441. (See 1889, 439; 1896, 252.) P. S. 80.
377 Repealed, 1891, 427 § 8. (See 1892, 303.) P. S. 207.

854 Changes in

Statutes of 1888 — Continued.
Chap.

379 § 1 amended, 1893, 186. P. S. 28.
.380 Affected, 1889, 315. (See 1888, 420.) P. S. 132, 134.

382 Eepealed,1890, 423 § 228. (See 1893, 417.) P. S. 9.

383 Affected, 189.5, 363. § 4 extended. Res., 1891, 60. P. S. 4.

384 Affected, 1893, 121, 367 §§ 92-97; 1895, 465 § 5. Extended, 1894,

211. P. S. 14.

387 Affected, 1889, 427, 452 ; 1890, 329 ; 1891, 233 § 2, 275. P. S.

118.

388 Affected, 1890, 416 § 6 ; 1895, 497. § 1 amended, 1892, 428 § 1.

P. S. 77 192.

389 See 1888, 426 § 13 ; 1891, 302, 357 § 6. P. S. 103.

390 Affected, 1889, 253; 1891, 288; 1892, 168, 370. §§ 2, 28, 29, 41

and forms 5, 6, 7 repealed, 1889, 334. §§ 3, 7, 8, 19, 23, 24,
30, 32, 33, 37, 49, 51, 69, 72 amended, 1889, 334. § 7 further
amended, 1890, 331 § 2. § 18 amended, 1893, 241. §§ 48, 49
affected, 1894, 537 § 3. §§ 53, 54 amended, 1892, 109. § 54
affected, 1889, 334 § 3 ; 1890, 331. P. S. 12.

391 Repealed, 1893, 466. P. S. 202.

396 §§ 2, 4, 5 repealed, 1891, 196 § 2. P. S. 30.

397 Affected, 1891, 323; 1892, 418; 1895, 494; 1896,237. In part

superseded, 1892, 415 § 3. P. S. 49.
399 Repealed, 1894, 481. (See 1888, 426 ; 1890, 438 ; 1891, 261 ; 1892,

419.) P. S. 104.
403 Affected, 1894, 451. § 2 amended, 1891, 371. (See 1891, 209,

228.) P. S. 220, 221.
405 See 1889, 406, 470 ; 1890, 387. § 3 in part repealed, 1895, 234.

P. S. 157, 187.

413 Affected, 1889, 342, 452; 1890,315; 1892, 327; 1893,114. § 6

amended, 1896, 423 § 1. §§ 7, 8 affected, 1896, 423 § 3. § 18
amended, 1894, 274. (See 1888,429 § 2; 1891, 257.) P. S.
105, 118.

414 § 2 revised, 1894, 198. P. S. 60, 65.

415 Affected, 1893, 396 § 64. P. S. 154.

419 Amended, 1889, 415. Affected, 1890, 128 ; 1891,313,407; 1894,
184. § 6 amended, 1891, 271. § 13 limited, 1893, 62. P. S.
162.

425 Superseded, 1896, 490 § 3. P. S. 17.

426 Repealed, 1894, 481. (See 1890,438; 1891, 261, 302, 357 § 6 ;

1892, 419, § 138 ; 1893, 199 ; 1894, 337, 382, 508.) P. S. 104.

428 Repealed, 1890, 252. (See 1892, 67.) P. S. 61.

429 Superseded, 1894, 367 ; 1895, 104, 281, 340 ; 1896, 102. (See 1890,

341, 400, 421 ; 1891, 163, 233, 368 ; 1892, 40, 201, 435 ; 1893, 47,
321, 418; 1894, 60, 328, 381.) P. S. 115, 119.

431 §§ 1, 2, 3 amended and § 4 superseded, 1893, 200. (See 1890, 379 ;

1891, 272; 1894, 58.) P. S. 44.

432 In part superseded, 1891, 375. P. S. 16.

433 See 1896, 203. P. S. 181.

THE Statutes. 855

Statvites of 1888 — Concluded.

Chap.

434 Repealed, 1890, 423 §§ 83, 228. (See 1893, 417 §§ 123, 130.)
P. S. 27.

436 Repealed, 1893, 417 §§ 96-99. (See 1889, 413; 1890, 219 38/5;

1891, 269, 270; 1892, 124, 316, 368; 1893, 177, 349, 351.)'
P. S. 7.

437 Repealed, 1893, 417. P. S. 28.

438 Repealed, 1889, 298; 1890, 447. (See 1893, 237, 279.) P. S. 30.
441 Repealed, 1893, 417 §§ 71-74. (See 1894, 504 ; 1895, 489, 502, 507.)

P. S. 7.
Res. ch. 89 affected, 1895, 390. P. S. 79,

Statutes of 1889.

11 Amended, 1892, 187. (See 1896, 218.) P. S. 159.

16 Affected, 1896, 176. P. S. 23.

19 Superseded, 1892, 93. (See 1882, 233 § 6.) P. S. 1.54.

21 Superseded, 1892, 166. P. S. 27, 28.

32 Repealed, 1889, 440 § 14. (See 1891, 292.) P. S. 4.

35 Repealed, 1889, 440 § 14. P. S. 4.

41 Superseded, 1893, 479. P. S. 1.54.

53 Superseded, 1895, 93. P. S. 4.

69 Repealed, 1890, 423 § 228. (See 1892, 351 ; 1893, 417 § 24.) P. S. 6.

77 Repealed, 1894, 317 § 2. P. S. 116.

86 Repealed, 1894, 317 § 20. (See 1889, 449.) P. S. 116.

88 Repealed, 1894, 317 § 46. P. S. 116.

91 Repealed, 1894, 317 § 19. P. S. 116.

92 Superseded, 1893, 479. P. S. 154.

98 Repealed, 1893, 423 §§ 25, 26. (See 1889, 178; 1893, 417 § 266;
1894, 16, 17.) P. S. 27.

101 § 1 repealed, 1890, 239. P. S. 15.

103 Superseded, 1895. 90. (See 1892, 96.) P. S. 11.

108 Affected, 1890, 132. P. S. 50.

112 Affected, 1890, 347. (See 1892, 255.) P. S. 40.

113 Affected, 1895, 218. P. S. 215.

114 Operation restricted, 1889, 268. P. S. 100.
124 Repealed, 1889, 440 § 14. P. S. 4.

135 Affected, 1890, 48; 1894,498. Amended, 1891, 317. (See 1889,

291 ; 1890, 299 ; 1894, 508.) P. S. 48, 74,
150 Repealed, 1889, 440 § 14, P. S. 4.
154 Repealed, 1896, 302. P. S. 26.
159 § 1 superseded, 1894, 342. § 2 amended, 1895, 171. (See 1896,

327.) P. S. 117.
161 Repealed, 1894, 317. P. S. 116.
164 Repealed, 1889, 440 § 14. P. S. 4,
170 In part superseded, 1892, 58. P. S. 154.
178 Repealed, 1893, 423. P. S. 27.
180 Repealed, 1894, 317. (See 1893, 254.) P. S. 116.

856 Changes ii^

Statutes of 1889 — Continued.

Chap.

186 Superseded, 1893, 417 § 9. (See 1889, 361.) P. S. 100.

191 Repealed, 1893, 417. (See 1890, 254.) P. S. 7, 27.

196 Repealed, 1890, 423 § 228. (See 1892, 351 ; 1893, 417 §§ 16, 17.)

P. S. 6.

197 PLxtended, 1896, 476. P. S. 18.
202 Repealed, 1891, 164. P. S. 91.

208 Affected, 1890, 402 ; 1892, 305. P. S. 32.

209 Amount increased, 1894, 259. P. S. 158.

211 Superseded, 1893, 469. P. S. 158.

212 Repealed, 1889, 440 § 14. P. S. 4.
215 Extended, 1895, 251. P. S. 159.
227 Repealed, 1891, 160. P. S. 154.
234 Amended, 1894, 170. P. S. 124.
237 Repealed, 1889, 269. P. S. 156.
241 Repealed, 1893, 131. P. S. 112.

245 Superseded, 1895, 449 § 14. (See 1896, 521.) P. S. 220.

246 § 3 amended, 1890, 118. P. S. 112.

249 Repealed, 1894, 498. (See 1889, 422 ; 1890, 309 ; 1891, 426 ; 1892,

62.) P. S. 48.

251 Superseded, 1893, 469. P. S. 158.

267 Superseded, 1894, 461. (See 1891, 304.) P. S. ^7.

270 Repealed, 1894, 435. P. S. 100.

279 Superseded, 1894, 279. (See 1892, 291.) P. S. 30.

286 Extended, 1891, 116; 1893, 149. P. S. 11.

289 Superseded, 1891, 71. P. S. 154.

291 Repealed, 1894, 508. (See 1890, 48, 299 ; 1891, 317.) P. S. 48, 74.

292 Affected, 1890, 336. P. S. 91.

298 Superseded, 1890, 447 ; 1893, 237. P. S. 30.

299 Affected, 1890, 264 § 3. P. S. 82.

300 See 1891, 224; 1895, 39. P. S. 5.

301 Repealed, 1894, 301. (See 1895, 361.) P. S. 30.
305 Repealed, 1894, 317. P. S. 116.

309 Affected, 1892, 318. § 2 added to, 1891, 194. (See 1889, 416.)

P. S. 48, 102.

310 Amount increased, 1896, 147. P. S. 23.

313 Aft'ected, 1893, 118. (See 1890, 420.) P. S. 157.

316 § 1 amended, 1892, 192. P. S. 113.

317 Repealed, 1894, 65. P. S. 154.
321 Repealed, 1894, 317. P. S. 116.
324 Superseded, 1894, 424. P. S. 159.
326 Extended, 1895, 385. P. S. 80, 208.

334 § 3 amended, 1890, 331. Affected, 1894, 537. (See 1891, 288;

1892, 168, 370.) P. S. 12.

337 Repealed, 1893, 417. (See 1890, 423 § 26; 1892, 351.) P. S. 6.

339 Superseded, 1893, 291. P. S. 22.

342 Affected, 1890, 315. (See 1892, 327 ; 1896, 423.) P. S. 118.

347 Aft'ected, 1894, 130 § 5 ; 1895, 337; 1896, 162 § 2, 308. P. S. 100.

THE Statutes. 857

Statutes of 1889 — Continued.

Chap.

349 See 1895, 39. P. S. 5.

356 Amended, 1891, 195. Affected, 1894, 133 § 3, 522 § 80. P. S.
119.

360 Superseded, 1893. 367. P. S. 14.

361 Superseded, 1893, 417 § 9. (See 1896, 308.) P. S. 100.
372 Affected, 1891, 221. Amended, 1893, 23. P. S. 29.

374 § 2 in part repealed, 1891, 235. (See Res. 1894, 14, 94. Res. 1895,

0,-2, 104; 1896, 80.) P. S. 4, 21.

378 Superseded, 1894, 522 § 64. P. S. 119.

391 See 1892, 186, 188; 1893, 55, 172; 1896, 268. P. S. 91.

393 See 1890, 321. P. S. 105, 161.

394 See 1892, 404, 438; 1895, 39. P. S. 5.

395 Repealed, 1896, 279. (See 1892, 184 ; 1894, 62.) P. S. 30.
398 Extended, 1889, 434 ; 1895, 350. P. S. 54, 109.

401 Affected, 1892, 289. P. S. 161, 171.

402 § 2 superseded, 1896, 490. P. S. 17.

404 Repealed, 1893, 417. (See 1890, 423.) P. S. 6.

406 Affected, 1890, 387. P. S. 157.

408 Superseded, 1893, 333. P. S. 221.

412 In part superseded, 1893, 455, 456 ; 1894, 370. P. S. 221.

413 Repealed, 1893, 417. (See 1890, 219, 386, 436; 1891, 10, 31, 74,

238, 269, 270; 1892, 279, 316, 368, 406.) P. S. 7, 9.

414 Aft"ected, 1891, 307; 1892, 53. § 4 amended, 1890, 251. §§ 6, 16

amended, 1891, 158. § 15 partially repealed, 1893, 256. § 18
affected, 1893, 223. (See 1896, 482.) P. S. 87.

415 § 3 amended, 1890, 128. § 6 limited, 1893, 62. § 7 extended, 1891,

313. (See 1891,271, 407; 1894, 184; 1895, 308.) P. S. 162.

416 Repealed, 1892, 318 § 16. (See 1891, 194.) P. S. 48, 80.

417 Repealed, 1895, 394. P. S. 157.

418 Superseded, 1892, 230; 1893, 431; 1895, 364. (See 1885,205;

1889, 418.) P. S. 158.

419 Amended, 1894, 266. P. S. 28.

422 Repealed, 1894, 498. (See 1890, 309 ; 1891, 426 ; 1892, 62.) P. S.

48.
427 Repealed, 1895, 311. (See 1882, 106 ; 1884, 330 ; 1889, 452, 1890,

329 ; 1891, 233, 275 ; 1893, 303.) P. S. 105, 118.
434 Extended, 1895, 350. P. S. 109.

439 Affected, Res., 1891, 108; St. 1892, 251. § 4 amended, 1890, 270.

§ 12 affected, 1890, 94. Extended, 1895, 406. (See 1891, 192;
1892, 68; 1894, 307; 1895, 294.) P. S. 50, 80.

440 Repealed, 1894, 393. (See 1890, 50, 97, 126, 423 § 118; 1891, 76,

191, 193, 292 ; 1893, 70, 108, 223, 438 ; 1894, 200.) P. 8. 4.
442 Amended, 1890, 427 § 2. Affected, 1893, 340. P. S. 176.

449 In part repealed, 1894, 317. P. S. 116.

450 Repealed, 1892, 419. P. S. 104.

451 Repealed, 1894, 444. (See 1891, 229.) P. S. 35, 216.

452 Affected, 1890, 310, 329 ; 1893, 230; 1896, 286. P. S. 117.

858 Changes in

Statutes of 1889 — Concluded.
Chap.

454 § 5 affected, 1894, 309. P. S. 102.

456 Repealed, 1892, 402. (See 1892, 346.) P. S. 50.

459 Repealed, 1896, 401. P. S. 153, 167.

461 Repealed, 1896, 412. (See 1895, 256.) P. S. 152.

462 Affected, 1890, 420; 1893, 118. P. S. 139.

463 See 1894, 407; 1895, 141. P. S. 221.

464 Repealed, 1894, 498 § 30. (See 1890, 384; 1891, 317, 361 ; 1894,

188.) P. S. 47.
466 Superseded, 1895, 288. P. S. 144.
469 Affected, 1890, 440; 1891, 325. P. S. 199.
471 § 4 superseded, 1892, 380. P. S. 159.
473 Repealed, 1896, 517. (See 1895, 501.) P. S. 21, 74.
Res., 104. Added to, Res., 1892, 26; 1895, 28.

Statutes of 1890.

26 Superseded, 1894, 522 §§ 42-44. (See 1891, 289.) P. S. 119.

44 Repealed, 1894, 317. P. S. 116.

48 Repealed, 1894, 508. (See 1890, 299; 1891, 317; 1894, 498.)
P. S. 48, 74.

50 Repealed, 1894, 393. P. S. 4.

58 § 2. Amount increased, 1891, 54; 1894, 245. P. S. 16.

70 Superseded, 1894, 433. P. S. 207.

83 Repealed, 1894, 481. (See 1893, 111.) P. S. 104.

90 Repealed, 1894, 508. P. S. 74.

93 Superseded, 1893, 479. P. S. 154.

95 Superseded, 1891, 210. P. S. 20.

97 Affected, 1894, 393 § 7. P. S. 31.

102 Affected, 1891, 188. P. S. 80.

104 Affected, 1895, 462. (See 1893, 443 ; 1894, 285.) P. S. 76.

115 Superseded, 1893, 469. P. S. 158.

126 § 1 amended, 1893, 70. P. S. 4.

127 §§ 2, 4, apply to 1893, 352. § 3 affected, 1895, 75. P. S. 11.

128 See 1891, 27i, 313, 407; 1894, 184. P. S. 162.
137 In part superseded, 1892, 249. P. S. 103.

141 See 1890, 380. P. S. 23.

143 Superseded, 1892, 295. P. S. 23.

154 See 1890, 451. P. S. 1^7.

158 § 1 amended, 1891, 174. P. S. 24.

160 Affected, 1891, 360. § 3 extended, 1894, 484. P. S. 13.

168 Repealed, 1894, 317. P. S. 116.

173 See 1891, 204. P. S. 112.

175 Repealed, 1893, 417. (See 1890, 423 § 155.) P. S. 7.

179 Repealed, 1894, 481. P. S. 104.

180 See 1890, 278. P. S. 219.

183 Affected, 1894, 508. § 1 amended, 1892, 83. (See 1892, 352, 357.)
P. S. 48, 74.

THt: Statutes. 859

Statutes of 1890 — Continued.

Chap.

192 Amount increased, 1893, 344; 1895, 459. P. S. 158.

193 § 2 amended, 1891, 138. Affected, 1895, 277. P. S. 91.

196 Affected, 1896, 190. § 2 amended, 1891, 49 ; 1892, 147. (See 1893,

78, 403.) P. S. 54.

197 Amended, 1892, 129. P. S. 13.

198 Affected, 1896, 384. P. S. 22.

199 See 1891, 341 : 1894, 541 ; 1895, 311 ; 1896, 369. P. S. 106.
201 Superseded, 1892, 187. P. S. 159.

204 Affected, 1890, 215. P. S. 154, 155.

206 See 1895, 482 ; 1896, 357. P. S. 23.

209 Affected, 1891, 87. P. S. 199.

213 See 1892, 286. P. S. 26.

216 Extended, 1894, 183. P. S. 23.

218 Affected, 1891, 236. (See 1890, 440; 1891, 325, 416.) P. S. 159,

217.

219 Repealed, 1893, 417. (See 1890, 423 § 228; 1891, 256.) P. S. 7.

222 Repealed, 1894, 317. P. S. 116.

223 Repealed, 1893, 417 § 204. (See 1890, 423 § 228; 1892, 351;

1894, 200.) P. S. 6.

224 Affected, 1893, 396 § 29. P. S. 154, 184.

229 Repealed, 1891, 327. P. S. 91.

230 Amended, 1890, 395. Affected, 1891, 220 ; 1895, 213; 1896, 332.

P. S. 102.

239 Affected, 1895, 402. § 1 amended, 1893, 112. P. S. 15.

240 Aft'ected, 1893, 300. P. S. 27, 28.

242 Affected, 1891, 65. (See Amendments to Const. Art. 32.) P. S.

11.

243 Affected, 1890, 310; 1891, 403. P. S. 117.

249 Superseded, 1894, 205. (See 1891, 142 ; 1893, 189. 398 ; 1894, 102.)
P. S. 92.

251 Affected, 1891, 158. (See 1892, 53.) P. S. 87.

252 § 1 amended, 1892, 67. P. S. 61.

254 Repealed. 1893, 417. (See 1891, 236.) P. S. 27.

261 § 3 affected, 1895, 116. P. S. 156.

278 See 1890, 180; 1894, 214. P. S. 88.

284 Added to, 1890, 452. P. S. 212.

293 Amended, 1891, 122. P. S. 91.

298 Repealed, 1894, 317. P. S. 116.

299 Repealed, 1894, 508. (See 1892, 352.) P. S. 48.
302 See 1896, 381. P. S. 2.

304 Superseded, 1894, 522 §§ 7, 82. P. S. 119.

305 Repealed, 1890, 423 § 228. (See 1892, 351 ; 1893, 417.) P. S. 6,

27.

306 Affected, 1895, 175. P. S. 23.

307 Repealed, 1894, 481. (See 1894, 341.) P. S. 104.

309 Repealed, 1894, 498. (See 1891, 426 ; 1892, 62.) P. S. 48.

310 Affected, 1891, 403. § 2 in part repealed, 1896, 286. P. S. 117.

860 Changes in

Statutes of 1890 — Continued.

Chap.

315 Affected, 1893, 114; 1896, 423. (See 1892, 327.) P. S. 118.

326 Affected, 1893, 315; 1894, 462. P. S. 113.

329 Affected, 1895, 311. P. S. 105.

331 See 1891, 288; 1892, 168, 370; 1894, 537. P. S. 12.

335 See Res. 1894, 90. P. S. 41.

341 Superseded in part, 1894, 367. (See 1890, 400, 421 ; 1891, 163, 233,

360; 1892, 40, 201,372, 435; 1893, 47, 321, 418; 1894, 60, 328.)

P. S. 115, 119.

346 Repealed, 1892, 402. P. S. 50.

347 Affected, 1892, 255. P. S. 40.

353 § 1 affected, 1891, 325 ; 1892, 200 § 3. P. S. 199.

354 § 2 in part superseded, 1892, 407. P. S. 86.

355 Amended, 1890, 405. P. S. 29.

359 Extended, 1893, 396 § 59. P. S. 154.

3(K) Repealed, 1891, 87 § 2. P. S. 199

364 Repealed, 1891, 366. (See 1895, 378.) P. S. 113.

365 Repealed, 1891, 179 § 5. (See 1895, 186.) P. S. 28.
369 Repealed, 1894, 317. P. S. 116.

371 In part repealed, 1894, 501. P. S. 109.

374 Amended, 1895, 372. P. S. 159.

375 Superseded, 1894, 508. (See 1891, 350 ; 1893, 406.) P. S. 74.

379 Superseded, 1891, 272. (See 1893, 200 § 4 ; 1894, 58.) P. S. 44.

380 See 1893, 270. P. S. 23.

381 Repealed, 1893, 417. P. S. 7.

382 Affected, 1892, 228. P. S. 112.

383 Affected, 1895, 404. P. S. 191.

384 Repealed, 1894, 188, 498. (See 1891, 317, 361.) P. S. 47.

385 Affected, 1892, 382. P. S. 74.

386 Repealed, 1893, 417. (See 1891, 10, 31, 32, 74, 155, 270, 278, 305 ;

1892, 51, 190, 351 ; 1893, 87, 177, 349, 351.) P. S. 7, 27.

393 Repealed, 1893, 417. P. S. 7.

394 Repealed, 1894, 317. P. S. 116.

395 Affected, 1891, 220; 1895, 213; 1896, 332. P. S. 102.

400 See 1890, 421 ; 1891, 163, 360 ; 1892, 201, 435 ; 1893, 47, 418 ; 1894,
60, 328, 367. P. S. 115, 119.

402 Affected, 1892, 305. P. S. 32.

403 See 1890, 410. P. S. 203.

404 Affected, 1895, 228, 350. (See 1891, 370 ; 1892,274.) P. S. 61,

109.
406 Extended, 1891, 171. P. S. 13.
408 See 1893, 379. P. S. 144.

414 Affected, 1891, 158; 1892, 53, 229; 1895, 390. P. S. 87.
416 Affected, 1892, 428; 1895, 497; 1896, 183. P. S. 192.

419 § 2 repealed, 1890, 423 § 222. (See 1883, 229 § 1 ; 1885, 261 § 1 ;

1886, 262 § 3; 1891, 32; 1893, 417 § 116; 1895, 285.) P. S.
7,27.

420 Affected, 1893, 372. P. S. 156.

THE Statutes. 861

Statutes of 1890 — Concluded.

Chap.

421 Affected, 1892, 435 ; 1894, 367, 381 ; 1895, 104, 281, 340; 189fi, 102,
515. (See 1891, 360 ; 1892, 201 ; 1894, 522 § 3.) § 13 amendea,
1896, 515 § 6. § 20 amended, 1895, 263 ; 1896, 515 § 7. § 24
extended, 1892, 372. P. S. 119.

423 Repealed, 1893, 417. (See 1891, 31, 32, 155, 256, 264, 269, 270,

277, 278, 286, 290, 305, 314, 328, 329, 395 ; 1892, 51, 115, 124,
190, 224, 279, 316, 332, 351, 368, 405, 406, 416, 431 ; 1893, 39,
146, 307, 308; 1894, 200, 268.) P. S. 6, 7, 27.

425 Superseded, 1893, 367. (See, 1891, 232 § 5.) P. S. 14.

427 Affected, 1893, 340. P. S. 176.

428 Affected, 1892, 178; 1893, 424; 1895, 103. Operation partially

suspended, 1893, 179. Not affected by, 1891, 170. § 1 extended,
1891, 33 § 2 ; 1894, 216 ; amended, 1891, 262. § 2 amended, 1891,
33. § 4 amended, 1892, 312. § 5 added to, 1891, 123. § 7
amended, 1893, 283 ; 1894, 545 ; affected, 1896, 439, § 3. § 10
amended, 1896, 439. (See 1892, 228.) P. S. 112.

431 Repealed, 1895, 209. (See 1893, 405 §§ 2, 5 ; 1894, 261.) P. S.
157.

436 Repealed, 1893, 417 § 345. (See 1891, 10, 31, 32, 74, 155, 270,

278, 305; 1892, 406 ; 1893, 351.) P. S. 7.

438 Repealed, 1894, 481. (See 1891, 261.) P. S. 104.

439 §§ 1, 2 amended, 1893, 226 ; 1894, 542. P. S. 115.

440 Affected, 1891, 236, 325, 392, 416. § 5 repealed, 1891, 416 §§ 8,

10. (See 1893, 396 §§ 9, 49 ; 1896, 225.) § 11 amended, 1891,
70. Affected, 1893, 396 § 1. P. S. 22, 25, 154, 155, 199, 217.

441 See 1896, 252. P. S. 80.

447 Affected, 1893, 237. § 1 amended, 1893, 279. P. S. 30.

448 § 9 repealed, 1894, 525. P. S. 68.

449 § 2 amended, 1891, 144. P. S. 67.

450 Affected, 1891, 274; 1892, 177; 1894, 375. (See 1893, 401.)

P. S. 35.
456 Affected, 1894, 298; 1896, 342. §§ 1, 2, 3, 6 amended, 1891, 223,

§ 1 amended, 1895, 410. P. S. 2.
Res. 55, extended, 1891, 372 § 2. P. S. 221.
Res. 58. See Res., 1895, 54.
Res. 73. See Res., 1891, 70 ; 1893, 87 ; 1895, 106. P. S. 1.

Statutes of 1891.

10 Repealed, 1893, 417. (See 1891, 155 ; 1892, 51 ; 1893, 87.) P. S.

7, 27.
15 Extended, 1894, 27, 117. P. S. 203.

31 Repealed, 1893, 417. (See 1893, 87.) P. S. 27.

32 Repealed, 1893, 417. P. S. 27.

33 Affected, 1891, 262; 1895, 103. (See 1892, 312; 1893, 283.) P. S.

112.
49 Affected, 1892, 147; 1896, 190. (See 1893, 78, 403.) P. S. 54.

862 Changes in

Statutes of 1891 — Continued.
Chap.

54 Superseded, 1894, 245. P. S. 16.

58 Affected, 1891, 412. § 1 amended, 1894, 280 § 6; 1896, 377 § 1.

P. S. 56 57.

65 See 1894, 220. P. S. 11.

70 Affected, 1891, 325 ; 1893, 396 § 1. P. S. 154.

74 Repealed, 1893, 417. P. S. 7.

76 Repealed, 1894, 393. P. S. 4.

79 Superseded, 1893, 288. P. S. 22.

80 Superseded, 1892, 399. P. S. 22.
91 Superseded, 1893, 469. P. S. 158.

97 Amended, 1893, 380; affected, 1892, 245; 1893, 65; 1894, 528;

1895, 117, 127, 227 ; 1896, 236, 251. (See 1892, 402 ; 1896, 359.)

P. S. 50.

107 Superseded, 1894, 336. P. S. 154.

113 In part superseded, 1894, 297. P. S. 17.

116 Extended, 1893, 149. P. S. 11.

123 Affected, 1892, 178; 1894, 216. (See 1892, 312.) P. S. 112.

125 Repealed, 1892, 410. P. S. 74.

138 Affected, 1895, 277. P. S. 91.

142 § 1 repealed, 1894,205. (See 1893, 189, 398; 1894,102.) P. S.

92.

155 Repealed, 1893, 417. (See 1891, 278 ; 1893, 87.) P. S. 27.

158 Affected, 1892, 53. P. S. 87.

163 See 1891, 233 ; 1892, 40, 435 ; 1893, 47 ; 18M, 60, 328, 367. P. S.

115, 119.

170 § 3 affected, 1896, 158. P. S. 51.

177 § 1 amended, 1893, 272. P. S. 43.

179 See 1895, 186. P. S. 28.

180 Affected, 1891, 419 ; 1892, 348. (Sec 1893, 376.) P. S. 160.
185 Amended, 1891, 406. P. S. 81.

187 See 1892, 430. P. S. 23.

189 Added to, 1893, 397. P. S. 106.

191 Repealed, 1894, 393. P. S. 4.

193 Repealed, 1894, 393. P. S. 4.

194 Affected, 1892, 318. P. S. 48, 80, 141.

195 See 1894, 133 § 3, 522 § 80. P. S. 119.
200 See 1895, 273. P. S. 215.

210 See 1893, 78. P. S. 20.

220 Affected, 1895, 213; 1896, 332. P. S. 102.

221 Affected, 1893, 23. P. S. 29.

223 Affected, 1894, 298 ; 1896, 342. § 1 amended, 1895, 410. P. S. 2.

224 Affected, 1892, 438 § 2. P. S. 5.

225 See 1892, 253. P. S. 22.

'228 See 1891, 371. P. S. 220, 221.

229 Affected, 1894, 444. P. S. 35, 216.

232 Superseded, 1893, 367. (See 1890, 425 § 12.) P. S. 14.

233 Affected, 1893, 224; 1894, 522 § 94. P. S. 16, 119.

THE Statutes. 863

Statutes of 1891 — Continued.

Chap.

235 See Res. 1894, 14, 94; 1895, 62, 104; 1896, 80. P. S. 21.

236 § 1 affected, 1891, 416. § 2 affected, 1891, 392. P. S. 217.

238 Repealed, 1893, 417. P. S. 7.

239 Repealed, 1894, 508. (See 1895, 438.) P. S. 74.

242 Repealed, 1892, 351 §§ 17-19, 48. (See 1893, 417.) P. S. 6.

254 Affected, 1892, 102 ; 1893, 105. P. S. 92.

256 Repealed, 1893, 417. P. S. 7.

262 See 1892, 312 ; 1893, 283 ; 1895, 103. P. S. 112.

263 Superseded, 1894, 436. (See 1895, 94, 212.) P. S. 44.

264 Repealed, 1893, 417. P. S. 7.

265 See 1894, 126. P. S. 38.

269 Repealed, 1893, 417. P. S. 7.

270 Repealed, 1893, 417. (See 1892, 406.) P. S. 7.

271 See 1894, 184. P. S. 162.

272 Superseded, 1893, 200 ; 1894, 58. P. S. 44.

274 Affected, 1892, 177. (See 1894, 375.) P. S. 35.

275 Repealed, 1895, 311. (See 1893, 303.) P. S. 118.

277 Repealed, 1892, 351 §§ 9, 48. (See 1893, 417.) P. S. 6.

278 Repealed, 1893, 417. P. S. 7.

286 Repealed, 1892, 351 §§ 4, 6, 48. (See 1893, 417.) P. S. 6.

288 See 1892, 109, 168, 370. P. S. 12.

289 Superseded, 1894, 522 § 38. P. S. 119.

290 Repealed, 1892, 351 § 48. (See 1893, 417.) P. S. 6.

291 Superseded, 1894, 522 § 60. P. S. 119.

292 Repealed, 1894, 393. P. S. 4.

295 Extended, 1896, 344. P. S. 221, 222.

300 In part repealed, 1893, 130. P. S. 20.

302 Repealed, 1894, 481. (See 1891, 357 § 6.) P. S. 104.

304 Affected, 1894, 461. P. S. 207.

305 Repealed, 1893, 417. P. S. 7.

314 Repealed, 1893, 417. P. S. 7.

315 Affected, 1893, 99. P. S. 22, 190.

317 Repealed, 1894, 508. (See 1894, 188, 498.) P. S. 47, 74.

318 Superseded, 1893, 469. P. S. 158.

323 Affected, 1892, 401 ; 1895, 494. (See 1893, 437.) P. S. 50. §§2,
5, 9 amended and §§ 8, 10, 11, 14, 17 superseded, 1892, 418;
1896, 237. (See 1892, 415.) P. S. 49.

325 Affected, 1893, 396 § 1. (See 1892, 200.) P. S. 199.

327 See 1893, 205. P. S. 91.

328 Repealed, 1893, 417. (See 1892, 431 ; 1893, 146, 308.) P. S. 7.

329 Repealed, 1893, 417. (See 1893, 307.) P. S. 7.
336 Repealed, 1893, 417. P. S. 27.

341 § 2 repealed, 1894, 541. (See 1895, 311.) P. S. 105.

349 See 1892, 416. P. S. 205.

350 Repealed, 1894, 508. (See 1893, 406.) P. S. 74.

351 Repealed, 1895, 463. P. S. 61.
355 Extended, 1896, 313. P. S. 104.

864 Changes in

Statutes of 1891 — Concluded.
Chap.

356 Affected, 1891, 427 ; 1892, 276 ; 1894, 229, 368, 372. § 1 amended,

1892, 242. (See 1892, 303.) P. S. 212.

357 §§ 1, 3, 4 amended, 1892, 296. Affected, 1893, 246. P. S. 80.

360 Amended, 1892, 198. Restricted, 1892, 201. Affected, 1895, 104.

§ 3 affected, 1896, 523. P. S. 105.

361 Repealed, 1894, 498. (See 1891, 426; 1892, 62; 1894, 188.)

P. S. 47.

362 Repealed, 1895, 469 § 4. P. S. 153.

365 Affected, 1892, 424. (See 1893, 481 ; 1894,548; 1895,450; 1896,

516.) P. S. 113.

366 Repealed, 1895, 378. P. S. 113.

368 Repealed, 1894, 137. (See 1892, 47; 1894, 522.) P. S. 119.

370 Affected, 1892, 259; 1893, 454; 1894, 182,448,533; 1895, 228,

350, 420; 1896, 356, 426. § 12 amended, 1893, 454; 1894, 538.
P. S. 27, 28, 61, 106, 109.

371 See 1894, 451. P. S. 221.

372 Superseded, 1892, 267. P. S. 219, 221.
375 Affected, 1894, 397. P. S. 16.

379 § 2 amended, 1894, 204. § 4 limited, 1893, 365. § 10 amended,

1893, 324. P. S. 17, 152.

395 Repealed, 1893, 417. P. S. 6.

396 In part repealed, 1896, 519. P. S. 9.

402 Affected, 1893, 124. P. S. 44.

403 Affected, 1896, 286. P. S. 117.

404 See 1892, 347. P. S. 35.

405 § 1 amended, 1893, 311. P. S. 2.
407 See 1894, 184. P. S. 162.

412 §§ 1, 2, 4, 9 amended, 1894, 280. § 5 amended, 1896, 377 § 2. § 8
partially repealed, 1895, 214. Affected, 1892, 139. P. S. 20, 56,
57.

415 § 3 see 1895, 116. P. S. 156.

419 Affected, 1892, 348. (See 1893, 376.) P. S. 160.

425 Affected, 1893, 432. Limited, 1895, 307; 1896, 108. §§ 4, 9

amended, 1895, 430. § 12 amended, 1892, 379. P. S. 11, 136.

426 Repealed, 1894, 498. (See 1892, 62.) P. S. 47.

427 Affected, 1892, 160, 200, 242; 1894, 229,368. §§ 2, 3 repealed,

1893, 414. § 5 amended, 1892, 303 ; 1893, 447. P. S. 207.
Res. 70. See Res., 1893, 87; 1895, 106. P. S. 1.

Statutes of 1893.

40 Superseded, 1894, 367 § 10. (See 1892,435; 1893,47,321,418;

1894, 60, 328, 381.) P. S. 115, 119.

47 Repealed, 1894, 137. (See 1894, 522 § 20 ; 1895, 59 § 1.) P. S. 119.

51 Repealed, 1893, 417. P. S. 27.

53 See 1892, 229 ; 1894, 195. P. S. 87.

62 Repealed, 1894, 498. (See 1894, 188.) P. S. 47.

THE Statutes. 865

Statutes of 1892 — Continued.

Chap.

83 Repealed, 1894, 508 § 12. (See 1892, 352, 357.) P. S. 74.

87 In part superseded, 1893, 153 ; 1895, 393. P. S. 159.

96 Superseded, 1895, 90. P. S. 11.

102 See 1893, 105. P. S. 92.

107 §§ 1, 3, 5 amended, 1895, 246. P. S. 159.

109 See 1892, 168, 370 ; 1894, 537. P. S. 12.

115 Repealed, 1893, 417. (See 1893, 39.) P. S. 7, 10.

124 Repealed, 1893, 417. P. S. 15.

133 See 1893, 404, 452 ; 1894, 68, 330. P. S. 159.

147 See 1893, 78, 403 ; 1896, 190. P. S. 54.

148 In part superseded, 1893, 396 § 17. P. S. 154.

159 Extended, 1895, 373. (See 1894, 127.) P. S. 17.

160 See 1892, 200, 242, 303 ; 1893, 414, 447. P. S. 207.
168 See 1892, 370. P. S. 12.

177 § 3 amended. 1894, 375. P. S. 35.

178 See 1893, 283. P. S. 112.

184 Repealed, 1896, 279. (See 1894, 62.) P. S. 30.

187 See 1896, 218. P. S. 159.

188 Affected, 1896, 268. § 4 amended, 1893, 55. Construed, 1893, 255.

P. S. 91.
190 Repealed, 1893, 417. P. S. 7.
195 Repealed, 1894, 491. (See 1892, 432; 1893, 306; 1895, 496.)

P. S. 58, 90.
200 See 1892, 303; 1893, 414, 447. P. S. 207.
210 Repealed, 1894, 508. P. S. 74.
224 Repealed, 1893, 417. P. S. 7, 27.

228 See 1895, 426. P. S. 113.

229 Repealed, 1895, 286. (See 1895, 429.) P. S. 87.

230 Amount increased, 1893, 431 ; 1895, 364. P. S. 158.
238 Superseded, 1893, 367. P. S. 14.

242 See 1892, 276; 1894, 372. P. S. 212.

243 Amended 1895, 375. P. S. 87.

245 Affected, 1894, 528; 1895, 117, 227. § 7 see 1896, 269. § 8
amended, 1895, 127. (See 1893, 65, 380 ; 1896, 236, 251.) P. S.
29, 50.

248 Repealed, 1894, 317. P. S. 116.

259 Affected, 1893, 454; 1894, 182, 448, 553 § 3 ; 1896, 356, 426.

P. S. 27, 28, 61.

260 Amended, 1893, 359. (See 1894, 499; 1895, 362 § 7.) P. S.

74.

262 § 2 affected, 1893, 148. P. S. 15, 25, 100.

263 Affected, 1896, 356, 426. P. S. 61, 109.

268 In part superseded, 1893, 396 § 55. P. S. 154.

271 Superseded, 1896, 526. P. S. 152.

276 See 1894, 229. P. S. 212.

279 Repealed, 1893, 417. P. S. 9.

280 § 1 amended, 1896, 440. P. S. 100.

SG6 Changes in

Statutes of 1892 — Continued.
Chap.

287 Repealed, 1893, 86. P. S. 5.

291 Superseded, 1894, 279 § 9. P. S. 30.

296 Repealed, 1894, 508. (See 1893, 246.) P. S. 74, 80.

303 Amended, 1893, 447. P. S. 221.

305 § 2 amended, 1894, 402. P. S. 32.

312 See 1893, 283; 1894, 216; 1895, 103. P. S. 112.

314 Affected, 1894, 206. P. S. 32.

316 Repealed, 1893, 417. P. S. 7.

318 Affected, 1895, 310 § 2. P. S. 102.

330 Repealed, 1894, 508. (See 1894, 437.) P. S. 74.

332 Repealed, 1893, 417. (See 1892, 368.) P. S. 7.

337 §§ 1-3 revised, 1894, 377. P. S. 156, 158.

347 See 1893, 401. P. S. 35.

351 Repealed, 1893, 417. (See 1893, 209.) P. S. 6.

352 Repealed, 1894, 508. (See 1892, 357.) P. S. 74.

353 § 2 amended, 1893, 51. (See 1892, 378.) P. S. 103.
357 Repealed, 1894, 508. P. S. 74.

359 See 1895, 394. P. S. 157.

361 See 1894, 406. P. S. 212.

366 Affected, 1893, 367 § 29 ; 1894, 312 ; 1896, 182. P. S. 14.

368 Repealed, 1893, 417. P. S. 7.

372 Superseded, 1894, 522 § 73. (See 1893, 434; 1894, 120, 225.)

P. S. 119.

374 Affected, 1893, 424. P. S. 112.

379 See 1893, 432 ; 1895, 307. P. S. 135.

401 Affected, 1893, 437 ; 1894, 82 ; 1895, 297, 494. P. S. 50.

402 Affected, 1895, 297, 494; 1896, 237, 359. § 3 amended, 1894, 256.

§ 6 amended, 1894, 227. P. S. 50.

403 Repealed, 1893, 183. P. S. 91.

404 See 1892, 438; 1893, 129, 450; 1894, 532; 1895, 39, 490; 1896,

531. P. S. 5.

405 Repealed, 1893, 417. (See 1893, 146.) P. S. 7.

406 Repealed, 1893, 417 §§ 92-95. (See 1894, 343 ; 1896, 383.) P. S. 7.

409 §§ 1, 2 amended, 1895, 419 §§ 7, 8. P. S. 99.

410 Repealed, 1894, 508. P. S. 74.

411 Does not apply to 1894, 326. P. S. 192.

416 Repealed, 1893, 417. (See 1893, 376.) P. S. 7, 160.

418 Affected, 1895, 494. §§ 6, 7, 10 superseded, 1896, 237. P. S. 49.

419 Amended, 1893, 170,464; 1894,443. § 36 amended, 1896,416.

§ 55 amended, 1895, 280. § 81 amended, 1895, 314. § 82 re-
pealed, 1893, 293. § 106 superseded, 1895, 97. § 108 amended,
1895, 239. § 111 amended, 1896, 520. § 125 amended, 1893,
279. (See 1894, 257, 319, 414.) P. S. 104.
425 See 1893, 395; 1894, 391, 465, 526; 1895, 399. Res. 1896, 41.
P. S. 87.

431 Repealed, 1893, 417. (See 1893, 146, 308.) P. S. 7.

432 Repealed, 1894,491. (See 1893,306 § 5; 1895,496.) P. S. 58.

THE Statutes. 867

Statutes of 1893 — Concluded.
Chap.

433 Affected, 1893, 424; § 4 amended, 1894, 467. P. S. 112.

435 See 1893, 47, 418; 1894, 60, 328,367; 1895, 340; 1896, 515. P. S.

115.

438 See 1895, 39. P. S. 5.

Res. ch. 84 repealed, 1894, 279, 301. P. S. 30.

Statutes of 1893.

39 Repealed, 1893, 417. P. S. 10.

41 Repealed, 1895, 434. P. S. 98.

47 See 1893, 321, 418; 1894, 60, 328, 367. P. S. 115.

49 See 1893, 105. P. S. 92.

54 Superseded, 1894, 522 § 51. P. S. 119.

55 Affected, 1896, 268. P. S. 91.
60 Repealed, 1893, 423. P. S. 27.

65 See 1893, 380 ; 1895, 227. P. S. 50.

70 See 1894, 393. P. S. 4.

80 Affected, 1896, 229. P. S. 91.

87 Repealed, 1893, 417. P. S. 7, 27.

95 Amended, 1896, 502. P. S. 21.

108 Repealed, 1894, 393. P. S. 4.

111 Repealed, 1894, 481. P. S. 104.

112 Affected, 1895, 402. P. S. 15.

117 Superseded, 1894, 522 § 61. P. S. 119.

129 See 1895, 39. P. S. 5.

141 See 1896, 258. P. S. 15.

146 Repealed, 1893, 417. P. S. 7.

148 Amended, 1896, 443. P. S. 24.

153 See 1895, 393, 480. P. S. 159.

156 Affected, 1895, 113. P. S. 22.

160 Repealed, 1895, 492. P. S. 22.

170 See 1893, 293, 297, 464. P. S. 104.

172 Affected, 1896, 268. P. S. 91.

174 Repealed, 1894, 317. P. S. 116.

177 Repealed, 1893, 417. P. S. 7.

189 Repealed, 1894, 205. (See 1893, 398; 1894, 102.) P. S. 92.

193 Superseded, 1893, 367 § 13. P. S. 14.

194 Superseded, 1893, 280. P. S. 146.
197 Affected, 1896, 288, 382. P. S. 84.

199 Repealed, 1894, 481. (See 1894, 337, 382.) P. S. 104.

200 § 4 superseded, 1894, 58. P. S. 44.

201 Extended, 1895, 88. P. S. 91.
209 Repealed, 1893, 417. P. S. 6.

217 See 1893, 252; 1896, 268, 382. P. S. 84.

223 Superseded, 1894, 393 § 7. P. S. 4.

224 See 1894, 522. §§ 79, 94. P. S. 119.

225 See 1893, 300 § 6, 331. P. S. 27, 28.

86S Changes in

Statutes of 1893 — Continued.
Chap,

226 § 2 repealed, 1894, 542 § 2. P. S. 115.

227 Repealed, 1896, 397. (See 1893, 472.) P. S. 80.

230 Repealed, 1894, 317. P. S. 116.

231 Superseded, 1893, 367 § 13. P. S. 14.
237 Affected, 1893, 279. P. S. 30.

246 Repealed, 1894, 508. P. S. 74, 80.

247 § 1 amended, 1893, 445. P. S. 11.
252 See 1896, 268, 382. P. S. 84.

254 Repealed, 1894, 317. P. S. 116.

270 See 1894, 183 ; 1895, 143. P. S. 23.

274 See 1894, 452. P. S. 109.

283 Affected, 1893, 424 ; 1894,545; 1895,103; 1896, 439. Amended,

1894, 545. P. S. 112.
287 Repealed, 1896, 248. (See 1896, 258.) P. S. 15.
293 See 1893, 297, 464; 1894, 414. P. S. 104.
297 See 1893, 464. P. S. 104.
300 Affected, 1896, 199. § 1 extended, 1896, 313. § 6 repealed, 1893,

416. P. S. 27, 28,49.

303 Repealed, 1895, 311. (See 1896, 391.) P. S. 105.

304 Repealed, 1893, 417. P. S. 27.

306 Repealed, 1894, 491. (See 1895, 496.) P. S. 58, 90.

307 Repealed, 1893, 417. P. S. 7.

308 Repealed, 1893, 417. P. S. 7.

315 Repealed, 1894, 472. (See 1894, 462, 502.) P. S. 112, 113.

321 See 1894, 60, 328, 367. P. S. 115.

325 See 1895, 39. P. S. 5.

327 Superseded, 1894, 136. P S. 159.

344 Amount increased, 1895, 459. P. S. 158.

349 Repealed, 1893, 417. (See 1893, 351.) P. S. 7.

351 Repealed, 1893, 417. P. S. 7.

353 Repealed, 1895, 389. P. S. 80.

359 Affected, 1894, 499. (See 1895, 362 § 7.) P. S. 74.

367 §§ 11, 13, 33, 94, 95, 124, 125, 128 affected, 1895, 465. §§ 22, 25
partially repealed, 1894, 236. § 29 affected, 1894, 312. § 29 re-
vised, 1896, 182. (See 1894, 312.) § 65 amended, 1896, 425.
§ 127 amended, 1896, 348. § 133 amended, 1893, 439. P. S. 14.

371 Affected, 1895, 125. P. S. 154.

376 Repealed, 1893, 417. P. S. 7, 160.

379 See 1893, 469. P. S. 158.

380 Affected, 1894, 528. (See 1895, 117, 127, 227.) P. S. 50.

386 Repealed, 1894, 508. P. S. 74.

387 Repealed, 1894, 481. (See 1895, 418.) P. S. 102, 103.

395 Amended, 1894, 526. (See 1894, 391, 465 ; 1895, 399.) P. S. 87.

396 Affected, 1894, 142, 173, 431 ; 1896, 220. §§ 13, 17 amended, 1894,

398. § 67 amended, 1895, 245. § 33 in part repealed, 1895, 234
§ 9. (See 1894, 431.) P. S. 154, 155, 187.
398 Repealed, 1894, 205. P. S 92.

THE Statutes. 869

Statutes of 1893 — Continued.
Chap.

403 See 1896, 190. P. S. 52.

405 § 2 repealed, 1895, 209. (See 1894, 261.) § 4 repealed, 1894, 30.

P. S. 157.

406 Repealed, 1894, 508. P. S. 74.

407 Extended, 1894, 288,483,509; 1895, 305, 450 ; 1896, 465. § 2 in

part repealed, 1894, 393 § 7. § 4 amended, 1895, 272. § 9
amended, 1894, 483 § 4. § 11 amended, 1894 509 § 2. (See
1893,475; 1895, 283; 1896, 199, 466.) §§ 10, 11, 12 repealed,
1896, 550. P. S. 27, 49, 80.
414 See 1893, 447. P. S. 207.

417 § 2 affected, 1894, 449 ; 1895, 502 ; 1896, 393. § 7 superseded,

1894, 508 § 4. §§ 16, 17 amended, 1894, 268. § 20 affected,
1894,271 § 4; 1895, 61. § 35 amended, 1895, 207. §§ 37,
39 affected, 1896, 73. §§ 37, 40, 49, 56 amended, 1894, 271.
§§ 38, 39 amended, 1895, 27. § 41 amended, 1895, 2. § 45
affected, 1896, 109. § 48 amended, 1894, 291. § 49 repealed,

1895, 61. §§ 54, 226, 229 affected, 1895, 355. §§ 62, 64, 65, 72
amended, 1896, 469. §§ 71-74 affected, 1894,504; 1895, 489,
502,507; 1896, 435, 469. § 75 affected, 1895, 323. § 78 affected,

1895, 237; amended, 1895, 262; 1896, 469 § 5. § 79 amended,

1896, 469 § 6. § 80 amended, 1895, 253. § 81 amended, 1895,
262. § 82 amended, 1895, 244. § 87 amended, 1896, 469 § 7.
§§ 92-95 superseded, 1896, 383. (See 1894, 343.) § 97 amended,
1896, 244. § 99 repealed, 1895, 220. § 101 extended, 1894, 132.
§ 116 repealed, 1895, 285. § 123 affected, 1895, 508. § 136
amended, 1895, 196. § 149 amended, 1895, 275 ; 1896, 469 § 8.
§ 150 amended, 1894, 275. §§ 162, 163 affected, 1896, 518.
§§ 172, 173 affected, 1895, 240. § 179 amended, 1896, 469 § 9.
§ 204 amended, 1894, 200. §§ 207, 210 amended, 1894, 385.
§§ 209,210, 211 repealed, 1895, 299. (See 1895, 89.) § 238
affected, 1894, 248 ; 1895, 242. § 254 repealed, 1895, 100. § 266
amended, 1894, 16; affected, 1894, 132 § 10. §§ 293-308, see
1893, 465. §§ 336, 337 superseded, 1894, 508 §§ 4, 5, 58, 78.
(See 1894, 209.) P. S. 6, 7.

418 See 1894, 367. P. S. 115.

419 § 1 amended, 1894, 181. P. S. 192.

423 § 4 affected, 1895, 142. § 25 amended, 1894, 17. § 26 affected,
1896, 190. P. S. 27.

431 Amount increased, 1895, 364. P. S. 158.

432 See 1895, 276, 392; 1896, 326. P. S. 16.

434 Superseded, 1894, 522 § 73. (See 1894, 120, 225.) P. S.
119.

436 Repealed, 1895, 461. P. S. 207.

437 Affected, 1894, 82 ; 1895, 494. P. S. 50.

438 See 1894, 393 § 7. P. S. 4.

443 Repealed, 1895, 462. (See 1894, 285.) P. S. 76.
452 § 1 amended, 1894, 68. P. S. 159.

870 Changes in

Statutes of 1893 — Concluded.
Chap.

454 Affected, 1894, 448, 533 ; 1895, 350, 420 ; 1896, 356. § 5 amended,

1894, 538. § 7 amended, 1894, 432. § 9 amended, 1894, 182.
P S. 27 28.

455 Affected, 1894, 370. P. S. 221.

456 Affected, 1894, 370. P. S. 221.

461 Affected, 1894, 409 § 5 ; 1896, 306. P. S. 145.

462 Affected, 1896, 313. P. S. 54, 104.
465 Extended, 1896, 498. P. S. 7.

469 Affected, 1894, 527. P. S. 158.

472 Repealed, 1896, 397. (See 1894, 435.) P. S. 100.

476 Affected, 1894, 393 § 7 ; 1895, 347, 486 ; 1896, 345, 481, 541. §§ 6,

7, 8, 9, 11, 13 repealed, 1894, 497. P. S. 49.

477 Extended, 1894, 455. Affected, 1895, 453. P. S. 80, 102.
Res. 12. Repealed, St. 1894, 387.

Res. 87. See Res. 1895, 106. P. S. 1.

Statutes of 1894.

19 Superseded, 1894, 522 § 15. P. S. 119.

27 See 1894, 117. P. S. 203.

eO See 1894, 328, 367. P. S. 115.

62 Repealed, 1896, 279. P. S. 30.

77 Extended, 1896, 124. P. S. 119.

82 See 1895, 297. P. S. 50.

103 Superseded, 1894, 522 § 22. P. S. 119.

120 Superseded, 1894, 522 § 73. (See 1894, 225.) P. S. 119.

127 Extended, 1895, 373. P. S. 17.

130 §§ 4, 5 amended, 1896, 162. P. S. 77, 100.

132 § 2 amended, 1895, 89. P. S. 7.

133 Superseded, 1894, 522 §§ 29, 31, 80. P. S. 119.
137 Superseded, 1894, 522 §§ 20, 56. P. S. 119.

142 See 1894, 173, 398, 431. P. S. 154.

143 § 2 amended, 1895, 57. P. S. 20.
146 See 1895, 243. P. S. 29.

160 See 1894, 270, 406. P. S. 169.

173 § 1 amended, 1896, 220. (See 1894, 398, 431.) P. S. 154.

174 Superseded, 1895, 332. P. S. 80.
176 See 1895, 132. P. S. 41.

184 Repealed, 1895, 308. P. S. 162.

188 Repealed, 1894, 498. (See 1894, 508.) P. S. 47.

195 Affected, 1895, 286, 429. (See 1894, 251.) P. S. 87.

198 § 6 amended, 1895, 28. P. S. 65.

200 See 1894, 393. P. S. 4.

209 See 1894, 508. P. S. 74.

218 Affected, 1895, 398, 506. § 1 amended and § 2 repealed, 1894, 473.

§ 3 limited, 1895, 506. P. S. 27, 80.

224 Affected, 1894, 238 § 5, 332 ; 1896, 8. P. S. 31.

THE Statutes. 871

Statutes of 1894 — Continued.
Chap.

225 Superseded, 1894, 522 § 73. P. S. 119.

227 See 1894, 256 ; 1895, 297, 494 ; 1896, 237, 359. P. S. 50.

229 Affected, 1894, 368. P. S. 212.

248 Rei^ealed, 1895, 242. P. S. 7, 15.

250 Affected, 1895, 112. P. S. 22.

251 Affected, 1895, 390. P. S. 87.
253 Affected, 1895, 460. P. S. 120.
256 Affected, 1895, 297, 494. P. S. 50.
261 Repealed, 1895, 209. P. S. 157.
267 Limited, 1896, 449. P. S. 21, 74.

270 Affected, 1894, 406. P. S. 169.

271 §§1,2 affected, 1895, 2 ; 1896, 73. § 3 amended and § 4 repealed,

1895, 61 § 5. P. S. 6.
280 § 6 amended, 1896, 377. P. S. 56.
283 Amended, 1894, 547. P. S. 152.
285 Repealed, 1895, 462. P. S. 76.
288 Affected, 1895, 283, 450; 1896, 465. §§ 8, 9, 10 repealed, 1896,

550 § 4. P. S. 80.

300 Superseded, 1894, 522 § 39. P. S. 119.

301 Extended, 1895, 361. P. S. 30.
307 Affected, 1895, 294. P. S. 50, 80.
309 § 5 affected, 1896, 306 § 4. P. S. 145.
312 Superseded, 1896, 182. P. S. 14.

314 See 1895, 10. P. S. 16.

315 Superseded, 1895, 202. P. S. 11.

317 § 2 affected, 1895, 66. § 14 affected, 1896, 361. § 21 extended,

1895, 164 ; 1896, 178. § 28 revised, 1896, 231. §§ 42, 43 affected,

1896, 327. § 47 amended, 1896, 193. § 54 amended, 1896, 193.
P. S. 116.

326 See 1894, 506. P. S. 112.

327 See 1896, 426. P. S. 61.

328 See 1894, 367. P. S. 115.

333 Limited, 1894, 427. (See 1895, 415; 1896, 496.) P. S. 77,

118.
337 Repealed, 1894, 481. P. S. 104.
341 Repealed, 1894, 481. P. S. 104.
343 Repealed, 1896, 383. P. S. 7.
353 Repealed, 1895, 434. P. S. 102.
367 Affected, 1895, 104, 281, 340; 1896, 136. (See 1894, 522 § 3;

1896, 515.) § 10, see 1894, 381. § 16 amended, 1896, 102.

P. S. 119.
377 Affected, 1894, 527 § 2. P. S. 158.

381 Affected, 1894, 522 § 77; 1895, 311. (See 1896, 391.) P. 8. 105,

119.

382 Limited, 1895, 368. P. S. 104.
385 § 2 repealed, 1895, 299. P. S. 7.
388 Amended, 1896, 169. P. S. 100.

872 Cha]s^ges in

Statutes of 1894 — Continued.
Chap.

389 See 1894, 422. P. S. 52.

391 See 1894, 465, 526 ; 1895, 399. P. S. 87.

393 § 2 affected, 1895, 238, 250. § 7 ameuded, 1895, 54, 96, 463 § 2,

488 § 2 ; 1896, 86, 189, 221, 223. P. S. 4.
398 See 1894, 431 ; 1896, 220. P. S. 154.
401 See 1894, 409. P. S. 145.

409 § 5 affected, 1896, 306. P. S. 145.

410 Affected, 1895, 419. P. S. 99.

416 Affected, 1895, 497. P. S. 102, 192.

422 Superseded, 1896, 540. P. S. 52.

424 Affected, 1896, 459. P. S. 159.

428 § 1 amended, 1895, 379. § 2 amended, 1896, 396. P. S. 100.

431 See 1896, 220. P. S. 154.

432 Affected, 1894, 448. P. S. 28.

433 Affected, 1895, 162. P. S. 207.

435 Repealed, 1896, 397. P. S. 100.

436 Extended, 1895, 94, 212. P. S. 44.

437 Superseded, 1894, 508. P. S. 74.
440 § 1 amended, 1895, 252. P. S. 221.
442 Affected, 1894, 522 § 73. P. S. 119.

444 Affected, 1895, 452, 499. § 2 amended, 1896, 303. P. S. 35.

448 See 1894, 533. P. S. 28.

449 Repealed, 1895, 502. (See 1896, 393.) P. S. 7.

450 Affected, 1894, 472, 501 ; 1896, 473. (See 1894, 476 ; 1896, 544

§ 3.) P. S. 105, 106.
452 Affected, 1894, 472. (See 1894, 462, 502.) P. S. 105, 106.
455 Limited, 1895, 453. P. S. 80, 102.

457 Affected, 1895, 258 ; 1896, 133. P. S. 44.

458 Affected, 1896, 230. § 10 amended, 1895, 412; extended, 1896,

230 § 4. P. S. 80.
462 Affected, 1894, 472, 543; 1896,409. (See 1894,502.) P.S.112,113.

472 Affected, 1894, 501, 543 ; 1896, 409, 473. P. S. 105, 112.

473 Affected, 1895, 398, 506. P. S. 27, 80.
481 See 1894, 499. P. S. 74.

483 See 1895, 283; 1896, 466. P. S. 80.

491 §§ 1, 2 affected, 1895, 476. §§ 4. 6, 17-22, 27, 45 amended and 46,

49, repealed ; 1895, 496. (See 1896, 276.) P. S. 58, 90.
493 See 1895, 286, 429. P. S. 87.

497 Affected, 1895,347; 1896, 345, 481, 513, 541. (See 1895, 486.)

P. S. 49.

498 Limited, 1895, 216; 1896, 360. (See 1894, 508 §§ 13, 14.)

P. S. 47.

499 See 1895, 362 § 7 ; 1896, 302. P. S. 112.
501 See 1896, 473, 544 § 3. P. S. 109.

.502 See 1896, 409. P. S. 113.

504 Superseded, 1895, 489, 502, 507 ; 1896, 393, 469. P. S. 6.

505 Affected, 1896, 439. P. S. 112.

THE Statutes. 873

Statutes of 1894 — Concluded.
Chap.

508 Affected, 1896, 241, 288, 449, 494. § 1 aiiieuded, 1895, 129. § 51

affected, 1896, 241. §§51-54 amended, 1895,438; 1896, 334.
P. S. 74.

509 Affected, 1896, 466. (See 1895, 283.) P. S. 80.
511 Extended, 1895, 400. P. S. 80.

519 Repealed, 1896, 517 § 8. P. S. 21, 74.

522 § 5 extended, 1895, 81 ; 1896, 335. § 20 amended, 1895, 59. § 21
amended, 1895, 271. § 25 affected, 1895, 46. § 29 affected,
1896, 140. §§ 29, 31 amended, 1895, 474 ; 1896, 447. § 32 in
part repealed, 1896, 253. § 34 extended, 1896, 171. (See 1896,
178.) § 39 amended, 1896, 126. § 42 repealed, 1895, 190.
§§ 56, 60 affected, 1896, 140. § 60 amended, 1895, 59 ; 1896,
137. §§ 68-73 see 1895, 366; 1896, 515 § 5. § 76 amended,
1896, 470. § 78 amended, 1896, 270. § 80 amended, 1895, 474
§ 3. § 92 amended, 1896, 402. § 93 limited, 1895, 159;
amended, 1896, 448. P. S. 119.

528 See 1895, 117, 127, 227; 1896, 236, 251, 359. P. S. 50.

532 See 1895, 39. P. S. 5.

534 Extended, 1895, 144. P. S. 74.

543 Affected, 1896, 409. P. S. 113.

545 Affected, 1896, 439. (See 1895, 103.) P. S. 112.

548 § 34 amended, 1895, 440. § 35 amended, 1896, 492. P. S. 113.

Res. 14. See Res. 1894, 94; 1895, 62, 104; 1896, 80. P. S. 21.
Res. 94. Repealed. Res. 1895, 62. P. S. 21.

Statutes of 1895.

2 Affected, 1895, 27, 61. (See 1895, 207.) 1896, 73, 363, 469, 547.
P. S. 6.

27 Affected, 1895, 61 ; 1896, 73, 363, 547. P. S. 6.

46 Affected, 1896, 402. P. S. 119.

59 Affected, 1896, 137, 140. § 2 limited, 1895, 159. Amended, 1896,
448. P. S. 119.

61 § 4 affected, 1896, 73, 363, 547. P. S. 6.

81 See 1896, 335. P. S. 119.

89 Repealed, 1895, 299. (See 1896, 363 § 2, 498.) P. S. 7.

94 See 1895, 212. P. S. 44.

97 See 1895, 239, 314. P. S. 104.

Ill See 1895, 143. P. S. 22.

117 Affected, 1895, 127, 227; 1896, 236, 251, 359. P. S. 50.

127 See 1895, 227; 1896, 236, 251, 359. P. S. 50.

129 See 1896, 334. P. S. 74.

142 See 1896, 476. P. S. 18.

143 § 1 amended, 1896, 128. (See 1895, 482; 1896, 445.) P. S. 23.
153 § 2 amended, 1896, 451. P. S. 153.

157 See 1896, 391. P. S. 106.

159 Amended, 1896, 448. P. S. 119.

874 Changes in

Statutes of 1895 — Continued.
Chap.

164 Extended, 1896, 178. P. S. 116.

169 Affected, 1896, 523. P. S. 106.

171 See 1896, 327. P. S. 117.

190 Affected, 1896, 126, 270. P. S. 119.

213 § 1 amended, 1896, 332. P. S. 102.

216 See 1896, 360. P. S. 47.

224 Extended, 1896, 536 § 7. P. S. 215.

228 See 1895, 350, 420. P. S. 61, 109.

237 See 1895, 262; 1896, 469 § 5. P. S. 7.

238 See 1895, 250. P. S. 4.

239 See 1895, 314. P. S. 104.

252 Affected, 1895, 504. P. S. 221.

253 § 2 repealed, 1896, 469 § 7. P. S. 7.
258 See 1896, 133. P. S. 44.

262 § 1 amended, 1896, 469 § 5. P. S. 6.

263 Amended, 1896, 515 § 7. P. S. 119.
273 See 1896, 304. P. S. 221.

275 § 1 amended, 1896, 469 § 8. P. S. 7.

281 See 1895, 340; 1896, 102, 515. P. S. 119.

283 Affected, 1896, 466. P. S. 80.

286 Affected, 1895, 429. P. S. 87.

297 See 1895, 494; 1896, 236, 237, 359, P. S. 50.

299 See 1896, 263 § 2, 498. P. S. 7.

307 § 1 amended, 1896, 108. (See 1895, 430.) P. S. 11, 136.

311 See 1896, 391. P. S. 106.

330 See 1895, 350. P. S. 109.

334 §§ 2, 4, amended, 1896, 209. P. S. 49.

337 See 1896, 162, 308. P. S. 100.

340 See 1896, 102, 515. P. S. 119.

347 Affected, 1895, 486; 1896, 481, 513. P. S. 49.

350 See 1895, 420. P. S. 109.

356 Affected, 1896, 78. P. S. 112.

366 See 1896, 515 § 5. P. S. 119.

376 See 1896, 449, 494. P. S. 74.

379 See 1896, 396. P. S. 100.

390 See 1896, 482. P. S. 87.

393 Superseded, 1895, 480. P. S. 159.

398 Affected, 1895, 508. P. S. 27, 80.

410 Extended, 1886, 342. P. S. 2.

412 Affected, 1896, 230. P. S. 80.

415 See 1896, 228, 496. P. S. 77.

421 Affected, 1896, 297 § 8. P. S. 60.

425 Repealed, 1896, 547 § 9. P. S. 6.

427 Extended, 1896, 499. P. S. 145.

430 See 1896, 108. P. S. 136.

438 Affected, 1896, 241. § 1 amended, 1896, 334. P. S. 74.

440 Affected, 1896, 492. P. S. 113.

THE Statutes. 875

Statutes of 1895 — Concluded.

Chap.

449 § 6 amended, 1896, 363 § 1. (See 1896, 547 § 1.) § 8 aniendod,

1896, 363 § 2. § 14 see 1896, 521. § 19 amended, 1896, 250.
§ 22 amended, 1896, 293. P. S. 49.

450 Affected, 1896, 465, 466. P. S. 49.
452 See 1895, 499. P. S. 216.

471 Extended, 1896, 546. P. S. 102.

474 §§ 1, 2 amended, 1896,' 447. P. S. 119.

476 See 1895, 496 ; 1896, 276. P. S. 58.

482 Superseded, 1896, 357. P. S. 23.

486 Repealed, 1896, 513. (See 1896, 345, 481.) P. S. 49.

488 § 16 amended, 1896, 436. P. S. 80.

489 Affected, 1895, 502, 507. §§ 4, 10 amended, 1896, 469 §§ 10, 11.

P. S. 6, 7.

493 § 2 superseded, 1896, 172. P. S. 24.

494 See 1896, 237, 359. P. S. 49, 50.

496 § 14 extended, 1896, 276. P S. 58, 80.

497 Limited, 1896, 183. P. S. 192.

501 Repealed, 1896, 517 § 8. P. S. 74.

502 See 1895, 507 ; 1896, 393, 469. P. S. 7.

507 §§ 3, 7, 30 amended, 1896, 469 §§ 12-14. § 15 affected, 1896, 435
§ 3. § 26 affected, 1896, 469 § 6. (See 1896, 109.) P. S. 7.
Res. 62. See Res. 1895, 104; 1896, 80. P. S. 7.
Res. 70. Affected. St. 1896, 310. P. 3. 44.
Res. 104. Affected. Res. 1896, 80. P. S. 21.

Statutes of 1896.

73 See 1896, 363, 469, 547 § 1. P. S. 6.

102 See 1896, 515. P. S. 119.

109 See 1896, 435, 469. P. S. 7.

126 See 1896, 270. P. S. 119.

137 See 1896, 140, 448. P. S. 119.

140 See 1896, 447. P. S. 119.

162 § 2 affected, 1896, 308. P. S. 100.

171 See 1896, 178. P. S. 119.

219 See 1896, 316. P. S. 158.

228 Repealed, 1896, 496. P. S. 77.

236 Affected, 1896, 251, 359. P. S. 50.

237 Affected, 1896, 359. P. S. 50.

241 Affected, 1896, 334, 449, 494. P. S. 74.

248 See 1896, 258. P. S. 15.

251 See 1896, 359. P. S. 50.

270 See 1896, 447. P. S. 119.

277 See 1896, 285, 286, 327, 361. P. S. 117.

285 See 1896, 286, 327, 361. P. S. 117.

286 See 1896, 327, 361. P. S. 117.
327 See 1896, 361. P. S. 117.

876 Changes ik the Statutes.

Statutes of 1896 — Concluded.
Chap.

334 Affected, 1896, 449, 494. P. S. 74.

345 See 1896, 481, 513, 540, 541. P. S. 49.

356 § 1 amended, 1896, 480. P. S. 61.

357 See 1896, 443. P. S. 23.

363 See 1896, 469, 547 § 1. P. S. 6

402 See 1896, 448. P. S. 119.

435 See 1896, 469. P. S. 7.

449 Affected, 1896, 494. P. S. 74.

465 See 1896, 550. P. S. 49.

469 § 1. See 1896, 547. P. S. 6.

473 See 1896, 544 § 3. P. S. 106.

481 See 1896, 513, 541. P. S. 49.

541 See 1896, 544. P. S. 49, 106.

Commonlximlt^ oi glassac^usdts.

Office of the Secretary, Boston, August 8, 1896.

I certify that the acts and resolves contained in this volume
are true copies of the originals, and that the accompanying papers
are transcripts of official records and returns.

I further certify that the tables showing what general statutes
have been affected by subsequent legislation have been prepared,
and are printed as an appendix to this edition of the laws, by
direction of the governor, in accordance with the provisions of
Chapter 238 of the Acts of 1882.

WILLIAM M. OLIN,

Secretary of the Comrno7iwealth,

INDEX.

IKDEX.

A.

Abandoned farms, collection and circulation of information concernin
Abbott's pond, fishing through the ice prohibited on . . .

Aberdeen street, in Boston, may be laid out and accepted as a public highway
Abolition of grade crossings, payment of expenses of
Academy, the Worcester, Trustees of, name changed
Accidents, on railroads, etc., evidence given at inquests on

from gas or electricity, repoi-t of, to be made .
Actions, against the estates of deceased persons, evidence in
Adams, town of, may borrow money for water supply purposes
Adams Fire District, may take land for increasing its water supply

Address, inaugural, of the governor

Adjutant general, to have conti'ol of the steamer Minnesota, used by the naval
militia

completion of index to war records in office of

Adulterated liquor, to prevent the sale of .

Agawam, town of, protection of, against encroachments of Connecticut river

Agents, of board of education, not to be interested in publication of school

books, etc

of foreign insurance companies, relative to bonds given by .

legislative, law relating to, amended

Agricultural College, the Massachusetts, in favor of . . .
Agricultural Society, the Manufacturers', iu North Attleborough,

porated, etc.

Agriculture, state board of, tenure of office of members of

to collect and circulate information concerning abandoned farms

Alexander, Giles R., in favor of

Allen, Charles G., justice of the peace, acts legalized

Francis E. , in favor of

Allen Gymnasium Company, relative to

Almshouse, at Tewksbury, improvements, etc., at .

Amendment, proposed, to the constitution, to be submitted to the people

American Hotel Institute, incorporated ....

Ames, Moses H., justice of the peace, acts legalized .

Amherst, town of, the Amherst and Sunderland Street Railway Company

locate and operate its railway in ... .
Amherst and Sunderland Street Railway Company, incorporated

incor-
205,

may

PAGE

607
204

64
416

99
253
278
440
243
243
662

242
605
217
640

380
353
280
641

635
197
607
646
631
648
580
639
627
258
651

73
73

882

Index.

Andover, town of, the Lowell and Suburban Street Railway Company may

operate its railway in 88

Andrews, Edwin A., in favor of 649

Antietam, battlefield of, land to be acquired on, and tablets or monuments to

be erected 603

Apothecaries, druggists and, sale of intoxicating liquor by .... 347

Appeals, by municipal corporations, relative to 289

Apportionment, of assessments for betterments, relative to .... 110

Appraisers, in proceedings in probate courts, appointment of . . . . 153
Appropriations :

salaries and expenses in the executive department ..... 5

salaries and expenses of the judicial department 17

compensation and mileage of members of legislature, etc. ... 3

salaries and expenses in the secretary's department .... 6

salaries and expenses in the treasurer's department .... 7

salaries and expenses in the auditor's department 8

salaries and expenses in the attorney-general's department ... 9

salaries and expenses of state board of arbitration, etc. ... 10, 480

salaries and expenses of bureau of statistics of labor .... 10

salaries and expenses of civil service commission 11

salaries and expenses of the commissioners of the nautical training school 12

salaries and expenses of the commissioners of savings banks . . 12

salaries and expenses of the gas and electric light commissioners . . 13

salaries and expenses of the railroad commissioners .... IS

salaries and expenses in the state library 14

salaries and expenses in the oftice of the tax commissioner ... 15

salaries and expenses in the office of the insurance commissioner . . 15

salaries and expenses in the office of the controller of county accounts 16

salaries and expenses in the office of the commissioner of public records 17

salaries and expenses in the department of the adjutant general . . 21

salaries and expenses of the inspectors of gas meters .... 23

salaries and expenses in the office of the state board of health . . 29

salaries and expenses in the office of the state pension agent ... 29

salaries and expenses of the district police 34

salaries and expenses. of the harbor and land commissioners ... 36

salaries and expenses at the state farm . . . . . . - 42

salaries and expenses at the state almshouse 42

salaries and expenses at the state industrial school for girls ... 43

salaries and expenses at the state prison ....... 39

salaries and expenses at the Lyman school for boys .... 46

salaries and expenses at the Massachusetts reformatory ... 40

salaries and expenses at the refoi'matory prison for women ... 41

salaries and expenses of the general superintendent of pi'isons . . 28

salaries and expenses at the Lyman and industrial schools ... 60

salaries and expenses in the office of state fire marshal .... 101

salaries and expenses of the state military and naval historian . . 58

salaries and expenses of the state highway commission .... 165

Index.

883

Fund

Appropriations — Continued.

salaries and expenses of agents of the board of education

salaries and expenses at the state normal school at North Adams

expenses of the board of library commissioners

Massachusetts School Fund

Massachusetts State Firemen's Association ....

premiums on securities purchased for tlie Massachusetts School

Massachusetts School for the Feeble-minded ....

Perkins Institution and Massachusetts School for the Blind .

removal of wrecks from tide waters .....

compensation and expenses of the ballot law commission

salary of assayer and inspector of liquors ....

Medfield Insane Asylum Loan Sinking Fund ....

current expenses at the Massachusetts hospital for dipsomaniacs

Abolition of Grade Crossings Loan Sinking Fund .

Metropolitan Parks Loan Sinking Fund

State Highway Loan Sinking Fund

expenses of prisons, and other reformatory expenses

expenses in connection with the extermination of contagious diseases
among cattle, etc 31, 446,

expenses of taking decennial census .....

expenses of the metropolitan park commission

expenses in connection with granting licenses to druggists and apothe-
caries to sell intoxicating liquors .....

Massachusetts Institute of Technology

disposal of sewage at the Massachusetts School for the Feeble-minded

compensation of building committee, and expenses of the trustees of the
Medfield insane asylum .........

payment of tuition of children in certain high schools ....

compensation of inspectors of animals and provisions ....

current expenses at tlie Medfield insane asylum

payment of annuities to soldiers, etc

sundry miscellaneous expenses

for payment of a judgment against the Commonwealth in favor of
Theodore E. Davis

Charles River valley system of sewerage

salaries of employees, etc., in the office of the sergeant-at-arms

north metropolitan system of sewerage

Neponset river valley system of sewerage

employment of labor in prisons of Commonwealth

payment of state and military aid

sundry agricultural expenses

sundry charitable expenses

certain educational expenses

printing and binding public documents, etc

Prison and Hospital Loan Sinking Fund

investigation of methods of protecting purity of inland waters

PAGE

375
514
24
26
26
27
29
30
32
33
35
36
35
27
30
30
33

481

4

136

480
37
37

38
39
40
41
43
46

47
48
44
51
57
36
26
24
68
84
31
28
67

884 Index.

PAGE

Appropriations — Concluded.

Commonwealth's Flats Improvement Fund 436

deficiencies in appropriations for the year 1895 49

compensation and expenses of commissioners on inland fisheries and

game .90

commissioners on uniformity of legislation 59

printing and binding reports of decennial census 81

state house loans sinking funds 115

for dredging Boston harbor 275

expenses of exterminating the gypsy moth 278, 455

for preparation and publication of the province laws . . . 245, 570

certain expenses authorized in the year 1896, etc. . 175, 269, 306, 388, 589

Green Harbor in Marshfleld 493

April, the nineteenth day of, when occurring on Sunday the following day to

be a holiday 114

Archives, preparation of index for 635

Arlington, town of, may lay out, etc., a system of public parks . . 74,211

system of sewage disposal for 225

Arlington Co-operative Association, may increase capital stock . . . 143

Arlington Mills, may increase capital stock ....... 107

Armory, at Fall River, furnishing and care of 604

Armstrong, Bertha M., in favor of 649

Arrest, on mesne process and execution, relative to . . , . . . 193
Ashfield, town of, the Conway Electric Street Railway Company may operate

its railway in 83

Assessment insurance corporations, relative to . ...... 516

Assessments, for betterments, apportionment of 110

sewer, collection of 176

sewer and sidewalk, collection of 195

Assistant clerk of courts, Middlesex county, to provide for appointment of an

additional 163

Assistant clerks of courts, women may be appointed as, in certain cases . . 335
Assistant registers of deeds, payment for service subject to approval of

county commissioners 120

Associate justices of the superior court, to increase the number of . . . 642
Associations :

Arlington Co-operative, may increase capital stock .... 143

Bourne Improvement, may hold real estate for public purposes . . 218

Central Cemetery, of Randolph, may hold additional estate . . . 540

Chestnut Street Meetiug-House and Cemetery, incorporated . . . 352

Dorchester Woman's Club House, incorporated 305

Fall River Collateral Loan, incorporated 117

Glades, charter extended 64

Prospect Union, incorporated 357

Roman Catholic Cemetery, may convey certain lands to the city of

Maiden 209

Worcester Collateral Loan, incorporated 248

Index. 885

Associations — Conclicded.

Worcester Masonic Charity and Educational, incorporated . . . 186

379
55
482
353
193

Worcester Real Estate, incorporated
Asylum, Boston Female, may hold additional estate .
Attorney-general, duties and authority of .
Attorneys, to be notified of trials in the superior court
Auditor, to appoint a printing expert ....

reports of state officers and boards not to contain illustrations except

with the approval of 204

B.

Bakeries, and persons employed therein, relative to 371

Baldwinville, town of, incorporated 205

Ballot law commission, appointment of members of; powers and duties, etc. 333
to make rules for the use of McTammany voting machines by cities and

towns 497

Ballots, recount of, in the city of Boston 294

to provide for marking, at elections, by the use of a stamp . . . 536

Bank, Savings, Newton Centre, incorporated 71

Banking, co-operative, transaction of, by foreign corporations . . . 234

Banks, co-operative, relative to loans by 219

forfeiture of shares of 233

bonds of treasurers and employees of 293

Baptist Educatioaal Society, the Northern, may use donations, etc., for cur-
rent expenses ........... 251

Barbour, Lavinia Agnes, in favor of . ........ 601

Barnstable, town of, may take land for a public landing place .... 194

the Barnstable County Street Railway Company may operate its railway

in ............. 455

Barnstable county, may indemnify the town of Bourne, in part, for expense

of constructing certain highway's, etc. ...... 96

may borrow money for sewerage purposes 543

tax granted for 609

relative to immigration of AVestern Islanders into 619

Barnstable County Street Railway Company, incorporated .... 455

Barre Village Improvement Society, incorporated 139

Barron, Elizabeth J., in favor of 649

Bass fishing, black, relative to 167

Batchelder, Eleanor, in favor of 649

William B., in favor of 649

Battlefield of Antietam, land to be acquired on and tablets or monuments

erected 603

Battleship Massachusetts, relative to 635

Bay State Brick Company, provisions affecting 123

Belchertown, town of, water supply for 486

88G Index.

PAGE

Belchertown Water Company, incorporated 48ti

Beneficiary corporations, fraternal, exempt from certain provisions of law . 93

Beneficiary organizations, law concerning, amended ..... 65
Berkley, town of, bridge over Taunton Great river, between Dighton and, to

be rebuilt 280

Berkshire Cotton Manufacturing Company, may increase its capital stock . 58

Berkshire county, exempt from establishing a truant school .... 292

improvements at the jail in 503

tax granted for 623

Berry, Samuel, Jr., in favor of 650

Betterments, apportionment of assessments for 110

Beverly, city of, draw in Essex bridge, between the city of Salem and, may

be relocated, etc. 61

may borrow money for park purposes 216

Bicycles, carriage of, by railroads 647

Biennial elections, proposed amendment to the constitution establishing, to

be submitted to the people 627

Billerica, town of, the Eeading and Lowell Street Railway Company may ex-
tend its railway into 113

Black bass fishing, relative to 167

Blackstone, town of, the Chestnut Street Meeting-House and Cemetery Asso-
ciation in, incorporated ......... 352

ijlandin, Edward W., in favor of 650

Board, to investigate the subject of docks and terminal facilities, time extended 626

of agriculture, tenure of oflice of members of . . . . . . 197

to collect and circulate information concerning abandoned farms . 607

of education, relative to returns of school committees to . . . 128
duties of, relative to the organization of teachers' institutes in small

towns ............. 136

secretary of, petitions for certain subjects of legislation to be published

under direction of ......... . 332

to approve payment of salaries to school teachers in small towns . 358
agents of, not to be interested in publication or sale of school books,

etc 380

to publish an outline of lessons in drawing for ungraded schools . 605

to publish a new edition of the course of studies for elementary schools 606

to report a plan for regulating school attendance and truancy . . 640

of gas and electric light commissioners, duties and jurisdiction of . 378

of health, time for completion of the work to be done by, in the valleys

of the Concord and Sudbury rivers, extended 440

the harbor and laud commissioners and, to make an examination of

Green Harbor in Marshfleld 493

the metropolitan park commission and, to investigate and report on

the condition of Charles river ........ 606

relative to the report of, on the sanitary condition of Neponset meadows 624
time for making report on sewage disposal of Salem and Peabody,

extended 627

Index.

887

PAGE

Board, of library commissioners, additional copies of report of, to be printed . G27
of lunacy and charity, relative to the cost of education of children in

charge of 333

of registration in medicine, additional copies of report of, to be printed ()12

of registration in pharmacy, appointment of 343

of survey, town of Revere may elect a 369

of trustees of the Massachusetts hospital for consumptives and tuber-
cular patients, may take land in Eutland for hospital purposes . 80
of public works. New Bedford, clerk of, to be elected, etc. . . . 192

Boiler inspection department, of the district police, members of, to act as ex-
aminers of engineers , . . . . 584:

Bonds, probate, I'elative to suits on 152

of agents of foreign insurance companies, relative to ... . 353

of persons licensed to sell intoxicating liquors, relative to sureties on . 117

of treasurers of manufacturing corporations, relative to . . . 282

of treasurers and employees of savings banks, etc., relative to . . 293

of the city of Boston, relating to 114

of the city of Everett, issue of, legalized 556

scrip, etc., issue of, by cities and towns ....... 214

stocks and, issue of, by gas and electric light companies . . .472

Books of deposit, of savings banks, etc., relative to the calling in of . . 142

Boston, city of, Aberdeen street in, may be laid out and accepted as a public

highway 64

Miner street in, may be laid out and accepted as a public highway . 86

Tufts College may hold real estate in ...... . 100

relating to bonds of ........... 114

powers of street commissioners of 148

may pay a sum of money to widow of Duncan McArthur . . . 151

laying out and construction of highways in 152,176

may accept legacy of George L. Randidge 157

an additional special justice to be appointed for the municipal court of 174

inspection of articles of food in 194

fire department in, appointments to 201

to reimburse certain firemen for losses sustained at a Are . . . 210

may grant a pension to John Rogers .218

relative to the construction, etc., of public parks in tide waters of . 233

powers and duties of school committee of 244

the American Hotel Institute in, incorporated 259

bridge may be built over Charles river between Cambridge and . . 262

relative to sewer assessments in . . 292

recount of ballots in 294

relative to the market limits of 309

qualification and removal of election officers in 339

may pay a salary to members of the city council 360

sale of land taken for park purposes in 360

clerical service in superior court in ....... . 361

construction of buildings in 368

888 Index.

Boston, city of, qualifications of firemen in

holding of caucuses in

to be reimbursed for payment of certain damages

tion of the metropolitan water system
may continue the construction of its public parks
law relative to elections, etc., in, amended
the People's Trust Company incorporated iu .
construction of subways in .
releases from the Parental School of
to provide a union passenger station for railroads in the southern part of 520
institutions commissioner of, may remove prisoaers from house of cor-
rection to house of industry 539

preparation of voting lists in ........ , 542

relative to Stony Brook in 552

the Suflblk County Reformatory to be established in . . . .561

registration of voters in . 585

relative to the construction of a state highway between Newburyport

and G36

Boston, town of, title of the Second Universalist Society iu, to certain real

estate, not invalidated by certain legislation ..... G4
Boston harbor, resolutions relative to the improvement of ... . 653

appropriation for dredging 275

Boston Belting Company, provision affecting 554

Boston Female Asylum, may hold additional estate ...... 55

Boston Terminal Company, incorporated 520

Boston and Albany Railroad Company, provisions afiecting . . . 520-533
Boston and Providence Railroad Corporation, provisions affecting . . 520-533
Boulevards, metropolitan parks and, relative to ...... 596

Boundary line, between Gay Head and Chilmark, to determine . . . 137

between Massachusetts and New Hampshire and Vermont, payment of

expenses in establishment of 644

Bourne, Samuel S., resolution concerning 661

Bourne, town of, highway and bridges to be constructed iu . . . .95
Bourne Improvement Association, may hold real estate for public purposes . 218

Boxing matches, penalty for engaging in 376

Boylston, town of, included in the judicial district of the second district court

of eastern Worcester 188

to be paid for damages caused by the construction of the metropolitan

water system * 394

Bradford, town of, may be annexed to the city of Haverhill .... 299

Braintree, town of, additional water loan for 260

Braintree Street Railway Company, the Quincy and Boston Street Railway

Company may lease or purchase the property of .... 8&
Breakwater, the town of Falmouth may appropriate money for the construc-
tion of 108

Bridge, may be built over Charles river, between the cities of Boston and

Cambridge . . • _ • . .' . . ,..;... 262

Index. 889

PAGE

Bridge, Essex, between Salem and Beverly, draw in, may be relocated, etc. . 61
across the Deerfleld river, may be constructed by the Conway Electric

Street Railway Company 83

over the Merrimac river, between Newburyport and Salisbury, to be

rebuilt 479

over Taunton Great river, between Dightou and Bei'kley, may be rebuilt 280

Bridges, the town of Bourne may construct, across tide waters ... 95

the town of Falmouth may construct, across certain ponds and streams 97

the town of Falmouth to construct and maintain certain . . . 108

Bridgewater, town of, the Brockton Street Railway Company may extend its

railway into ........... 308

the Taunton and Brockton Street Railway Company may operate its rail-
way in 495

state farm at, repairs, etc., at . . 638

in favor of certain veterans of 648

Bristol county, treasurer of, to be reimbursed for travelling expenses . . 127

tax granted for ............ 614

Brockton, city of, name of the Franklin Methodist Episcopal Chapel in, changed

to the Franklin Methodist Episcopal Church 89

maj' borrow money for drainage purposes . . . . . .151

the Taunton and Brockton Street Railway Companj'^ may operate its

railway in ........... . 495

Brockton Street Railway Company, may extend its railway into certain other

towns 308

Brokers, insurance, relative to ......... . 443

Brookline, town of, may contract with city of Newton for disposal of sewage . 279

Broughton, James H., in favor of 650

Bryant, Solan A., in favor of ... . ...... 650

Bryant addition of the state house extension, to provide for furnishing . . 595
Buckland, town of, the Slielburne Falls and Colrain Street Railway Company

may locate and operate its railway in ...... 52

Buckley, Patrick, in favor of 601

Buildings, on parkways, boulevards, etc., building line and height of . . 261

larceny committed in, law relative to, amended 337

construction of, in city of Boston ........ 368

Bulflnch state house, so-called, preservation of . . . . . . . 554

Bulletin, of committee hearings, publication of . ...... 599

Burdick, Benj. J., in favor of 650

William H., in favor of 650

Bureau of statistics of labor, authorized to expend an additional sum of money

for the purposes of the census of 1895 ...... 9

Burglary insurance companies, foreign, may transact business in this state . 8G

Burglary Insurance Company, the New England, act of incorporation amended 340

Burning fluid, etc., keeping and sale of ....... . 538

Butter, imitation, law relative to sale of, amended ...... 309

890 Index.

C.

PAGE-

Cambridge, city of, charter amended 121

proceedings of St. Peter's Clmrcli in, ratified 45

restricting tlie use of certain lands in 123

protection of the public health in 143, 355

and the city of Somerville, building of sewers in .... . 178

bridge may be built over Charles river between Boston and . . . 262

relative to public parks in 268-

construction of building in, for registry of deeds and for use of the

probate court 497

sea wall along Charles river to be constructed in 504

Canal Company, the Massachusetts Maritime, incorporated .... 571

Capital stock, of foreign corporations, relative to paying iu of, etc. . . 338

of street railway companies, in relation to increase of . . . . 359'
Carlisle, town of, may unite with certain other towns in the employment of a

superintendent of schools 451

Cattle, etc., appropriation for expenses in connection with the extermination

of contagious diseases among 31, 446, 481

Caucuses, holding of, in the city of Boston 391

law relative to, amended 457

and ward committees, relative to 72

Cemetery, the Proprietors of Oak Grove, may hold additional estate . . 258

Cemetery Association, Central, of Randolph, may hold additional estate . 540

Chestnut Street Meeting-House and, incorporated ..... 352

Roman Catholic, may convey certain lands to the city of Maiden . . 209

Census, decennial, providing an additional appropriation for taking . . 9

Central Cemetery Association, of Randolph, may hold additional estate . . 540

Certificates of election, etc., law relative to, amended ..... 457

Chandler, Abbie A., in favor of G49

Prank A. , in favor of 649*

Henry I., in favor of 649^

Herbert W., in favor of . . ^ 649

Change of names of persons 707

Charitable corporations, etc., may hold additional estate 61

Charitable Eye and Ear Infirmary, the Massachusetts, in favor of . . 607, 641
Charitable and reformatory institutions of the Commonwealth, to authorize

the appointment of a commission to investigate, etc. . . . 624

Charles river, the city of "Waltham may take certain lands on, for a water park 156

bridge may be built over, between the cities of Boston and Cambridge . 262

sea wall to be constructed along, in Cambridge 504

flats in, settlement of controversies concerning 603

the metropolitan park commission and the state board of health, to re-
port on the condition of 606

Chase, Caroline E., in favor of 625

Chatham, town of, the Eldredge Public Library in, incorporated . . . 483

Chaubunagungamaug Lake, in town of Webster, relative to fishing in . . 72

Index. 891

PAGE

Chelmsford, town of, may unite with certain other towns in the employment

of a superintendent of schools ........ 451

Chestnut Street Meeting-House and Cemetery Association, incorporated . . 352

Chicopee, city of, may malve an additional water loan 58

exempt from rate of taxation in cities until 1900 133

Chicopee Manufacturing Company, name established 481

Children, legitimacy of 497

in charge of the board of lunacy and charity, etc., relative to the cost

of education of 833

minor, placed in charge of persons, associations or institutions, relative

to . 241

Childs, Oliver L., in favor of 650

Chilmark, town of, commissioners on inland fisheries and game may lease

Chilmark Pond in 54

to determine the boundary line between Gay Head and .... 137

the Martha's Vineyard Street Railway Company may operate its railway in 383
Church :

First Congregational, of Nantucket, may sell and convey its lands . 272

First Congregational, in Paxtou, proceedings legalized .... 91
First Unitarian, in Peabody, may enlarge its membership, etc. . .59

Franklin Methodist Episcopal, in Brockton, name established . . 89
Newton Corner Methodist Episcopal, the, name changed to Newton

Methodist Episcopal Church 210

St. John's Society of the Methodist Episcopal, in Boston, acts legalized 115

St. Peter's, in Cambridge, proceedings ratified 45

Churchill, Olive A., in favor of 646

Cities :

Beverly, draw in Essex bridge, between the city of Salem and, may be

relocated, etc 61

may borrow money for park purposes 216

Boston, Aberdeen street in, may be laid out and accepted as a public

highway 64

Miner street in, may be laid out and accepted as a public highway . 86

Tufts College may hold real estate in 100

relating to bonds of 114

powers of street commissioners of 148

may pay a sum of money to widow of Duncan McArthur . . .151

laying out and construction of highways in 152,176

may accept legacy of John L. Randidge 157

municipal court of, an additional special justice to be appointed for . 174

inspection of articles of food in 194

a-ppointments to fire department in 201

to reimburse certain firemen for loss sustained at a fire . . . 210

may grant a pension to John Rogers 218

relative to the construction, etc., of public parks in the tide waters of 233

powers and duties of school committee of 244

the American Hotel Institute in, incorporated 259

892 Index.

PADS

Cities — Continued.

Boston, bridge to be built over Cliarles river, between Cambridge and . 262

relative to sewer assessments in 292

recount of ballots in 294

relative to the market limits of 309

qualification and removal of election officers in 339

may pay a salary to members of the city council ..... 360

clerical service in superior court in 361

certain land taken for park purposes in, may be sold .... 360

construction of buildings in 368

qualifications of firemen in . . . 377

holding of caucuses in 391

to be reimbursed for payment of certain damages caused by construc-
tion of the metropolitan water system 39-t

may continue the construction of public parks 446

law relative to elections, etc., in, amended 457

the People's Trust Company incorporated in 482

construction of subways in 485

releases from the Parental School of 515

to provide a union passenger station for railroads in tl>e southerly

part of 520

institutions commissioner of, may remove prisoners from house of

correction to house of industry 539

preparation of voting lists in 542

relative to Stony Brook in 552

the Suflolk County Reformatory to be established in . . . , 561

registration of voters in 585

relative to the construction of a state highway between Newburyport

and 636

Brockton, the name of the Franklin Methodist Episcopal Chapel in,

changed to the Franklin Methodist Episcopal Church ... 89

may borrow money for drainage purposes 151

the Taunton and Brockton Street Railway Company may operate its

railway in ........... . 495

Cambridge, charter amended 121

proceedings of St. Peter's Church in, ratified 45

restricting the use of certain lands in 123

building of sewers in 178

bridge may be built over Charles river between Boston and . . 262

relative to public parks in 268

protection of the public health in 143, 355

construction of building in, for registry of deeds and for the use of

the probate court 497

sea wall to be constructed along Charles river in 504

Chicopee, may make an additional water loan ...... 58

exempt from law relative to rate of taxation in cities .... 133

Everett, charter amended 301

Index.

893

state

Cities — Continued.

Everett, exempt from rate of taxation in cities

to legalize certain bonds of

Fall River, may borrow money for public library building
to incorporate the Fall River Collateral Loan Association in
may lay out a street through the Francis burial ground
may borrow money for sewer purposes ....

furnishing and care of armory at

Gloucester, charter revised

the Proprietors of Oak Grove Cemetery in, may hold additional
Haverhill, town of Bradford may be annexed to . . .

relative to the water supply of

Holyoke, charter revised

increased water supply for

Lawrence, Arlington Mills in, may increase capital stock
may use proceeds of a loan for extension of its water works

sittings of the superior court in

may refund portion of liquor license fee ....

Lowell, charter amended ........

may borrow money for erecting school buildings

Lynn, protection of public health in

may pay a sum of money to the widow of Nelson H. Doe .
filling of vacancies in assistant assessorships in .
may borrow money for sewer purposes ....

may borrow money for purchasing land and erecting an engine
Maiden, may borrow money for sewer purposes

Roman Catholix; Cemetery Association, the, may convey certain

to

the Maiden Trust Company incorporated in .

Marlborough, charter revised

relative to the sewer debt of

the Marlborough and Westborough Street Railway Company

operate its railway in

additional water loan for ......

Medford, payment of sewer assessments in, etc.
New Bedford, relative to the license commissioners of .
board of public works of, may elect a clerk, etc.
appointment of assistant assessors in .
Newburyport, may borrow money for sewer purposes

sittings of the superior court in

bridge over the Merrimac river between tlie town of Salisbury and, t'
be rebuilt ..........

relative to the construction of a state highway between Boston
Newton, may borrow money for widening streets .

may contract with town of Brookline for disposal of sewage
the Newton Centre Savings Bank incorporated in
may pay a sum of money to Sarah F. Kenrick

house

and

PAGE

174
556
1)2
117
155
476
604
419
258
299
385
394
373
107
242
361
569
232, 364
273
123
260
267
338
341
116

209
450
312
192

may

iiid

381
476
189
13o
192
211
166
361

479
636

98
279

71
448

894 Index.

PAGE

Cities — Concluded.

North Adams, the North Adams Hospital may maintain a training school

for nurses ............ 86

may borrow money for public building purposes 143

may borrow money for water supply purposes 146

Northampton, the Clarke Institution for Deaf Mutes in, name changed

to the Clarke School for the Deaf 48

Pittsfleld, additional water supply for 77, 220

Quincy, may raise money by taxation to assist in the maintenance of the

city hospital in 100

Salem, draw in Essex bridge, between the city of Bevei'ly and, may be

relocated, etc 61

providing a reserve police force for 109

sittings of the superior court in 361

normal school at, relative to 604

extending the time for making report on sewage disposal of . . 627

Somerville, relative to highways in 144

building of sewers in 178

time for taking land for a park in, extended 272

Springfield, the Springfield City Market in, incorporated ... 56

and the town of West Springfield, may unite 169

may take land for school purposes 252

police court of, clerical assistance for clerk of 275

the United Electric Light Company in, may do business in adjoining

cities and towns 336

the Enfield and Longmeadow Electric Railway Company may extend

its railway into 473

Taunton, the Taunton and Brockton Street railway Company may oper-
ate its railway in 495

Waltham, may take land for a water park 156

erection of new buildings for the Massachusetts School for Feeble-
minded at 634

Worcester, additional water loan for 147

fishing through the ice in Abbott's pond in, prohibited . . . 204
the Union Society and the Salem Street Society of said city may

unite 276

sewer assessments on property of the Commonwealth in . . . 635

Cities, division of, into voting precincts 191

appointment of a reserve police force in 261

licensing and regulating stables in 276

relative to vacancies in the oflSce of mayor of 332

employment of laborers in 443

Cities and towns, law relative to issue of notes, bonds, etc., by, amended . 214

may establish building lines on parkways, etc 261

may appropriate money for memorial observances in honor of firemen 447

may use the McTammany voting machine 496

employment of veterans in the public service of 534

Index. 895

PAGE

City chartkrs :

Cambridge, amended 121

Everett, amended . 301

Gloucester, revised . 419

Holyoke, revised 394

Lowell, amended 232, 364

Marlborough, revised 312

Civil service, employees of the commissioners of savings banks exempt from

rules of 501

Civil service commission, relative to report of 57

Clarke Institution for Deaf Mutes, name changed to The Clarke School for

the Deaf 48

Clarke School for the Deaf, The, name established 48

Clerk, district court of eastern Hampden, providing for appointment of . . 278

police court of Springfield, clerical assistance for 275

Clerk of courts, assistant, Middlesex county to provide for appointment of an

additional 163

Clinton, town of, additional water loan for 116

Clinton Street Railway Company, may increase capital stock, extend its tracks,

etc 310

Codification, of statutes relating to elections 632

of the Public Statutes, providing for 637

Collateral legacies and successions, law relative to taxes on, amended . . 71

Collateral Loan Association, the Fall River, incorporated .... 117

the Worcester, incorporated 248

Collateral Loan Company, relative to 135

Collection, of small debts for manual labor performed, to facilitate . . 439

of sewer assessments, etc., relative to 176

of sewer and sidewalk assessments, relative to 195

College, Harvard, the property of the Peabody Museum of American Archceol-

ogy and Ethnology may be transferred to 139

Massachusetts Agricultural, in favor of 641

Tufts, may hold real estate in the city of Boston 100

Color, resolutions relative to discrimination on account of ... . 659
Colrain, town of, Shelburne Falls and Colrain Street Railway Company may

locate and operate its railway in 52

Commercial fertilizers, to regulate the sale of 246

Commercial paper, to abolish days of grace on 167,494

Commission :

ballot law, appointment of members of; powers and duties, etc. . . 333
to make rules and regulations for the use of the McTammany voting

machines 497

civil service, relative to report of 57

highway, duties of, in the laying out and construction of state high-
ways 282

authorized to expend a certain sum of money in the construction of

state highways 477

896 Index.

PAGE

Commission — Concluded.

highway, duties of, in construction of better roads in certain towns . 514
may change the location, etc., of street railways on state high-
ways 570

providing for expenses of 602

extra copies of report of, to be printed 608

metropolitan district, additional copies of report of, to be printed . 638

metropolitan parli, to better define the authority of ... . 452

increasing the amount of money to be placed at the disposal of . 454, 471

fixing a limit of time in which lands can be taken by .... 596

and state board of health, to investigate and report on the condition

of Charles river 606

state house construction, to provide temporary accommodations for

the senate 651

to investigate the business of assessment insurance corporations, may

be appointed in certain cases . . . . . . • .517

to be appointed to investigate the charitable and reformatory institu-
tions of the Commonwealth 624

to be appointed to revise the laws relating to taxation .... 646
Commissioner :

insurance, compensation of referees appointed" by 94

to prescribe conditions upon which policies of sprinkler insurance

may be issued 97

duties of, relative to the admission of mutual fire insurance com-
panies 215

duties of, in relation to assessment insurance corporations . . 516-520
may appoint an examiner ....... o . 278

may license insurance brokers ........ 443

of public records, extra copies of the seventh report of, to be printed . 606
Commissioners :

gas and electric light, report to be made to, of accidents from use of

gas or electricity 278

duties and jurisdiction of, etc 378, 472

harbor and land, to regulate the conslruction of certain bridges in the

town of Falmouth 97

and the state board of health, to make an examination of Green

Harbor in Marshfleld 493

to define the boundary line between Gay Head and Chilmark . . 137
duties of, relative to the construction of the Massachusetts mari-
time canal ............ 574

extra copies of report of, to be printed 164, 609

on inland fisheries, etc., may lease Chilmark Pond in the town of

Chilmark 54

library, may expend a certain sum of money in aid of the public library

of the town of Peru 607

license, relative to removal of ......... 342

Index. 897

PAGE

Commissioners — Concluded.

license, in city of New Bedford, relative to certain licenses issued by . 136
metropolitan sewerage, to provide for printing report of . . 165, 600
railroad, to investigate the subject of the ventilation of railroad

cars, etc. ............ 643

duties of, relative to extension of street railways .... 500

duties of, relative to the construction of the Massachusetts maritime

canal 574

to investigate and report on the subject of the carriage of bicycles by

railroad corporations .......... 647

county (see County commissioners).

savings banks, penalty for refusal to make reports to, etc. . . . 274

employees of, exempt from civil service rules 501

special, appointment of women as ....... . 475

on topographical survey and map, providing for continuing the work of 606

to be appointed to consolidate the Public Statutes 637

Committee hearings, publication of bulletin of 599

Common council, city of Boston, providing a salary for members of . . 360
Commonwealth's flats in South Boston, providing for the further improve-
ment of 436

Concord, town of, election of library committees in 291

Concord and Sudbury rivers, protection of the public health in the valleys of 440

Condensed milk, sale of, regulated 210

Congregational Church, the First, of Paxton, certain proceedings of, legalized 91
Congress street, in Boston, alteration may be made in the grade crossing of

the New England Railroad Company at 557

Congressional districts, changing the lines of ...... . 537

Connecticut river, conservation of ........ . 632

to protect the town of Agawam against encroachments of . . . 640

resolutions relative to the navigation of . 652

Consolidation and arrangement of the Public Statutes, a commission to be

appointed for the purpose of ....... . 637

Constitution, proposed amendment to, to be submitted to the people . . 627
Consumptives, etc., Massachusetts hospital for, trustees of may take land in

Rutland for hospital purposes 80

Contagious diseases among cattle, etc., appropriation for expenses in connec-
tion with the extermination of 31, 446, 481

Contractors, weekly payment of wages by 277

Controller of county accounts, changing date on which county estimates may

be sent to 89

Convicts, punishment for destruction of property by 281

Conway Electric Street Railway Company, may increase its capital stock, etc. 83

Co-operative Association, the Arlington, may increase capital stock . . 143

Co-operative banking, transaction of, by foreign corporations . . . 234

Co-operative banks, loans by 219

forfeiture of shares of 233

relative to bonds of treasurers and employees of 293

898 Index.

PAGE

Corporations, payment of fees by, into the office of tlie secretary of the Com-
monwealth 539

certain, may hold additional estate ........ Ql

certain, relative to returns from ........ 304

certain, use of streets by ......... . 580

assessment insurance, relative to . . . . . . . . 516

foreign, transaction of business of co-operative banking by . . . 234

paying in of capital stock of, etc. . . . . . . . . 338

fraternal beneficiary, law concerning, amended 65

exempt from certain provisions of law 93

manufacturing, etc., bonds of treasurers of ...... 282

municipal, appeals by ......... . 289

Cottage City, town of, may appropriate money for certain public purposes . 116
the Vineyard Grove Company may erect a hotel building, etc., in . . 251
the Martha's Vineyard Street Railway Company may operate its rail-
way in 383

Cottage City Street Railway Company, the Martha's Vineyard Street Railway

Company may lease or purchase the franchises, etc., of . . . 382
Cotton factories, regulating the placing of certain machinery in . . . 281
Cotuit, village of, in the town of Barnstable, a public lauding place may be es-
tablished in 194

Councillor districts, established 510

Counsel, legislative, law relating to, amended 280

Counties, relative to expenditures by 290

County :

Barnstable, may indemnify the town of Bourne, in part, for expense of

constructing certain highways, etc 96

may borrow money for sewer purposes ...... 543

tax granted for 609

relative to immigration of Western Islanders into . . . .619

Berkshire, exempt from establishing a truant school .... 292

improvements at the jail in 503

tax granted for 623

Bristol, treasurer of, to be reimbursed for travelling expenses . . 127

tax granted for 614

Dukes County, town of Edgartown may borrow money to meet expense

of improvements to court house in 542

tax granted for 610

Essex, commissioners of, may reconstruct, etc., the draw in Essex

bridge 61

clerical assistance for treasurer of ....... 100

treasurer of, to be reimbursed for travelling expenses . . . 127

sittings of the superior court in ....... . 361

tax granted for 613

Franklin, tax granted for .......... 620

Hampden, clerical assistance for register of probate and insolvency of . 163

tax granted for ........... 617

Index. 899

PAGE

County — Concluded.

Hampshire, tax granted for 618

Middlesex, treasurer of, to be reimbursed for travelling expenses . 127

additional assistant clerl< of courts provided for 1G3

providing accommodations for registry of deeds and probate court in 497
tax granted for . . . . . . . . • . .616

Norfolk, tax granted for .......... 633

Plymouth, tax granted for 612

Suffolk, criminal session of the superior court in, appointment of an

official stenographer for . . 449

superior court in, sitting for the hearing of cases for other counties,

clerical duties in 361

prisoners confined in house of correction in, may be removed to the

house of industry 539

Worcester, treasurer of, to be reimbursed for travelling expenses . 127

additional accommodations for the courts of 284

may appropriate money to defray portion of cost of a statue of Charles

Devens 503

tax granted for 621

County commissioners, changing the date of filing county estimates by . . 89
to approve bills for clerical assistance performed in register^ of deeds'

offices, etc 120

votes and proceedings of 335

Barnstable, may indemnify the tovpn of Bourne, in part, for construct-
ing certain highways, etc 96

Essex, may reconstruct dravp in Essex bridge, etc 61

County taxes, estimates for, changing the date on which they may be sent to

the controller of county accounts 89

Course of studies for elementary schools, allowance for publication of a new

edition of 606

Court, district, second, of eastern Worcester, the town of Boylston to be in-
cluded in the judicial district of 188

of eastern Hampden, providing for appointment of clerk for . . 278

Franklin, established 287

municipal, of the city of Boston, an additional special justice to be ap-
pointed for 174

police, of Springfield, providing clerical assistance for the clerk of . 276
superior, to make rules relative to publishing trial lists and notifying

attorneys of trials 353

sittings of, in the county of Essex 361

sitting in Suffolk county for the hearing of cases for other counties,

performance of clerical duties in 361

appointment of an official stenographer for the criminal session of, in

Suffolk county 449

increasing the number of associate justices of 542

Courts, certain officers of, exempt from serving as jurors .... 378

assistant clerks of, women may be appointed as, in certain cases . . 335

900 Index.

PAGE

Courts, inferior, law relative to trials before, amended 164

probate, appointment of appraisers in proceedings before . . . 153
of the county of Middlesex, additional assistant clerk may be appointed

for 163

of the county of Worcester, additional accommodations for . . . 284

Courts, supreme judicial and superior, filing of exceptions in .... 445

Creasey, Philip H. , in favor of 621

Credit insurance companies, may do business in this Commonwealth . . 441

Criminal cases, preparation of forms of pleadings in 647

Crossings, grade, of railroads, alterations of, in the towns of Dedham and

Hyde Park 201

of the New England Railroad Company and Congress street in Boston,

alteration may be made in 557

of the Providence division of the New York, New Haven and Hartford

Railroad, changing location of, etc 268

payment of expenses of abolition of 416

Cummington, town of, proceedings of town meeting legalized . . . 305

Dalton, town of, the Pittsfield Electric Street Railway Company may operate

its railway in 81

Danvers, The Second Universalist Society of, name changed to The First Uni-

versalist Parish of Peabody 474

Davis, Theodore E., appropriation for payment of claim of .... 47
Days of grace, on commercial paper, etc. , to abolish .... 167, 494
Deaf Mutes, the Clarke Institution for, name changed to The Clarke School

for the Deaf 48

Debts, small, on account of manual labor performed, to facilitate the collec-
tion of 439

Deceased persons, evidence in actions against the estates of . . . . 440

Decennial census, providing an additional appropriation for taking ... 9

Decisions, by county commissioners, record of, to be kept .... 335

Dedham, town of, alterations of grade crossings in . . . . . . 201

the West Roxbury and Roslindale Street Railway Company may operate

its railway in 287

Deeds, registers of, relative to 437

registry of, building to be erected for, in Cambridge .... 497
Deerfield, town of, the Conway Electric Street Railway Company may operate

its railway in ........... 83

part of, annexed to Greenfield 296

Deerfield river, bridge may be constructed across, by the Conway Electric

Street Railway Company 83

Departments, etc., to be closed on the day of tlie funeral of Frederic T. Green-

halge, late governor, etc 95, 246

Deposit, books of, of savings banks, etc., relative to the calling in of . . 142

Index. 901

PAGE

Devens, Charles, the county of Worcester may appropriate money to defray

portion of cost of a statue of 503

Dighton, town of, bridge over Taunton Great river, between Berkley and, to

be rebuilt 280

Directors of domestic stock insurance companies, a majority of, to be residents

of the Commonwealth 196

District court, eastern Hampden, providing for appointment of clerk for . 278
second, of eastern "Worcester, the town of Boylston to be included in

judicial district of 188

Franklin, established 287

District police, two additional members of the boiler inspection department

of, to be appointed, etc 584

Districts, congressional, changing the lines of 537

senatorial and councillor, established 505

Dividends, extra, savings banks, etc., may make, in certain cases . . .169
Docks and terminal facilities, to extend the time of the board appointed to

make an investigation of, etc 626

Documents, public:

report of civil service commission, edition increased .... 57

report of treasurer and receiver general, edition increased . . . 138
report of harbor and land commissioners, edition increased . . 164, 609

report of metropolitan sewerage commissioners, edition increased . 165

extra copies to be printed 600

report of the highway commission, extra copies to be printed . . 608

report of board of registration in medicine, extra copies to be printed . 612

report of board of library commissioners, extra copies to be printed . 627

Dodge, Samuel I., in favor of 650

Doe, Nelson H., the city of Lynn authorized to pay a sum of money to the

widow of 260

Domestic stock insurance companies, relative to directors of . . . • 196

Donahue, John J. , in favor of 623

Dojchester Safe Deposit and Trust Company, incorporated . . . .451

Dorchester Woman's Club House Association, incorporated .... 305

Douglas, town of, sale of certain meeting house and grounds in . . . 274

Druggists and apothecaries, sale of intoxicating liquor by ... . 347
Dukes County, the town of Edgartown may borrow money to meet expense

of improvements of court house in ...... . 542

tax granted for 610

Dunbar, George F., in favor of 648

Dunstable, town of, the Lowell and Suburban Street Railway Company may

operate its railway in .......... 88

may unite with certain other towns in the employment of a superin-
tendent of schools 451

Duxbury, town of, to be furnished with copies of the decisions of the supreme

judicial court 609

902 Index.

E.

PAGE

East Bridgewater, town of, the Brockton Street Railway Company may ex-
tend its railway into .......... 308

East Longmeadow, town of, to confirm certain proceedings of . . . 557

Eastern Hampden, district court of, providing for appointment of clerlv for . 278
Easton, town of, the Brockton Street Railway Company may extend its tracks

into 308

the Taunton and Brockton Street Railway Company may operate its

railway in ........... . 495

Edgartown, town of, granting to the Proprietors of the New Mattakessett

Creeks certain rights in Great Pond in 79

the Martha's Vineyard Street Railway Company may operate its rail-
way in • . 383

may borrow money to meet the expense of improvements to county

court house 542

Edison Electric Illuminating Company of Fall River, may dispose of its prop-
erty to the Fall River Electric Light Company 98

Education, of children under the charge of the board of lunacy and charity,

etc., relative to cost of 333

board of, relative to returns of school committees to ... . 128
duties of, relative to the organization of teachers' institutes in small

towns 137

to approve payment of salaries to school teachers in small towns . 358
agents of, not to be interested in publication or sale of school books,

etc 380

to publish an outline of lessons in drawing for ungraded schools . 605
to publish a new edition of the course of studies for elementary

schools 606

to report a plan regulating school attendance and truancy . . . 640
secretary of state board of, publication of certain petitions to the legis-
lature to be under direction of . . . . . . . . 332

Education Society, Northern Baptist, may use donations, etc., for current

expenses . . . . . . . _ . . . . . 251

Educational corporations, etc., may hold additional estate .... 61

Educational institutions, etc., petitions for the incorporation of, to be pub-
lished under direction of secretary of board of education ._ . . 332

Eldredge Public Library, incorporated 483

Election Act of 1893, amendments to 48, 138, 191, 457, 496, 536

Election officers, in Boston, qualification and removal of .' .... 339

Elections, relative to the registration of voters for certain .... 48

law relative to, amended 457

the McTammany voting machine may be used at 496

to provide for marking ballots at, by the use of a stamp . . . 536

codification of statutes relating to 632

Index. 903

PAGE

Elections, biennial, proposed amendment to the constitution establishing, to

be submitted to the people 627

in Boston, registration of voters in, and recount of ballots cast at . 294

Electric light companies, gas and, issue of stock and bonds by . . . 472

Electric Light Company, the Fall River, may increase capital stock, etc. . 98
the United, in Springfield, may do business in adjoining cities and

towns S36

Electric Machine and Power Company, the Woonsocket, law granting certain

rights to, repealed 336

Electric Railway Company, the Enfield and Longmeadow, may extend its rail-
way into the city of Springfield 473

Electricity, gas or, report to be made of accidents from use of . . . 278
EUerton Mills, name changed to the Chicopee Manufacturing Company . .481

Ellis, Jacob M., in favor of 649

Employees, in West Boylston, compensation of, for loss of employment on

account of the construction of the metropolitan water system . 444

Employment, of laborers in cities, relative to 443

of mechanics and laborers on public works 492

of veterans in the public service 534

Endowment policies, relative to the surrender value of 469

Enfield and Longmeadow Electric Railway Company, may extend its railway

into the city of Springfield 473

Engineers, etc., of stationary engines, relative to the licensing of . . . 583

Entertainments, shows and, immoral, to prevent 279

Essex, town of, proceedings of certain town oflicers legalized . . . 287

Essex bridge, between Salem and Beverly, draw in, may be relocated, etc. . 61

Essex county, commissioners of, may reconstruct draw in Essex bridge . . 61

clerical assistance for treasurer of .,.,... . 100

treasurer of, to be reimbursed for travelling expenses .... 127

sittings of the superior court in . . . . . . . .361

tax granted for 613

Essex County Street Railway Company, time for construction of its railway,

extended 385

Estimates for county taxes, changing the date on which they may be sent to

the controller of county accounts 89

Everett, city of, charter amended 301

exempt from tax rate of cities until 1902 174

to legalize certain bonds of 556

Evidence, in actions against the estates of deceased persons, relative to , . 440

Examiner, in the insurance department, appointment of 278

Exceptions, in the supreme judicial and superior courts, filing of . . . 445

Executions, on real estate, levy of 452

Executive department 717

Expenditures, by counties, relative to . . 290

Eye and Ear Infirmary, the Massachusetts Charitable, in favor of . . 607, 641

904 Index.

F.

PAGB

Factories, cotton, regulating the placing of certain machinery in . . . 281

Fairhaven, town of, may lay out a way over tide water 501

Fall River, city of, may borrow money for a public library building . . 92
may lay out a street through the Francis burial ground . . . .155

may borrow money for sewer purposes 476

furnishing and care of armory at 604

Fall River Collateral Loan Association, incorporated 117

Fall River Electric Light Company, may purchase franchise, etc., of the Edison

Electric Illuminating Company of Fall River 98

Fall River Iron "Works Company, may increase capital stocli .... 376
Fall River and Providence Steamboat Company, may dispose of its property,

etc 165

Falmouth, town of, highway and bridges to be constructed in . . . . 97

may construct and maintain certain bridges 108

may appropriate money to construct and maintain a breakwater . . 108
the Barnstable County Street Railway Company may operate its railway

in 455

Farm, state, at Bridgewater, repairs, etc., at 638

Farms, abandoned, collection and circulation of information concerning . . 607
Feeble-minded, Massachusetts School for, erection of new buildings at . . 634
Fees, payment of, by corporations, into the office of the secretary of the Com-
monwealth ............ 539

Female Asylum, the Boston, may hold additional estate 55

Fertilizers, commercial, to i-egulate the sale of 240

Field, Henry P., justice of the peace, acts legalized 602

Filing, of exceptions in the supreme judicial and superior courts . . . 445

Fire department, in Boston, appointments in 201

certain members of, may be reimbursed for loss of personal eflects at a

Are 210

eligibility for appointment on 377

Fire District, the Adams, may take land for increasing its water supply . . 243

the Great Barrington, may refund its debt, etc 197

Number One of Greenfield, water supply for 224

the Turners Falls, provisions aflecting 103

Fire districts, temporary loans by 223

Fire insurance companies, mutual, with a guaranty capital, law relating to,

amended ............ 87

relative to the admission of, etc 215

may insure spi'inklers, etc. ......... 97

Fire marshal, investigation of fires by, etc 254

Firemen, cities and towns may appropriate money for memorial observances

in honor of 447

in the city of Boston, qualifications of 377

Firemen, etc., of stationary engines, relative to the licensing of . . . 583

Index.

905

Fires, investigation of, and reports to fire marshal on ... .

First Congregational Church of Nantucket, may sell and convey its lands
First Congregational Church of Paxton, certain proceedings of, legalized
First Unitarian Church in Pealjody, may enlarge its membership, etc.
First Universalist Parish of Peabody, name established ....

Fish hatchery, providing for the establishment of, in the western part of the
Commonwealth ..........

Fisheries, taking of fish in Lake Chaubunagungamaug, in town of Webster
restricted

relative to catching black bass

scallop, relative to

Fishing through the ice, prohibited in certain parts o.f Lake Quinsigamond

Flats in Charles River, settlement of controversies concerning

Food, inspection of articles of, in Boston, relative to ....

Foreclosure of power of sale mortgages, relative to

Foreign burglary insurance companies, may transact business in this state
Foreign corporations, transaction of business of co-operative banking by

relative to the paying in of capital stock of, etc

Foreign insurance companies, bonds given by agents of .
Forms of pleadings in criminal cases, preparation of ... .
Fourth of July, towns may appropriate money to celebrate
Framingham, town of, state normal school at, improvements at

Franklin, district court of, established

Franklin county, tax granted for

Franklin Methodist Episcopal Chapel in Brockton, name changed to tlie

Franklin Methodist Episcopal Church

Fraternal beneficiary corporations, exempt from certain provisions of law
Fraternal beneficiary organizations, law concerning, amended .

Frederick, John E , in favor of

Funeral and sick benefits, certain organizations paying, exempt from certain
provisions of law

PAGE

254

272

91

59

475

G47

72
167
214
204
603
194
148

86
234
338
353
647
107
638
287
620

89

93

65

650

93

G.

Gardner, town of, the Gardner Syndicate Corporation, incorpQrated in . . 93

the Templeton Street Railway Company may operate its railway in . 149

the Gardner Music Hall Company, incorporated in 502

Gardner Home for Elderly People, the, incorporated 62

Gardner Music Hall Company, incorporated 502

Gardner Street Railway Company, the Templeton Street Railway Company

may lease the road of, etc 150

Gardner Syndicate Corporation, incorporated 93

Gas Company, the Massachusetts Pipe Line, incorporated .... 564
Gas and electric light commissioners, report to be made to, of accidents from

use of gas or electricity 278

duties and jurisdiction of 378, 472

906 Index.

PAGE

Gas and electric light companies, to keep uniform records . . . 290, 477

issue of stock and bonds by 472

Gas or electricity, report to be made of accidents resulting from . . . 278

Gay Head, town of, to determine the boundary line between Chilmavk and . 137

General court, presentation of certain petitions to 332

Gibbous, William, in favor of 645

Girls, industrial school for, improvements at 631

Glades Association, charter extended 64

Gloucester, city of, charter revised 419

the Proprietors of Oak Grove Cemetery in, may hold additional estate . 258
Gloucester Street Railway Company, may lease the Gloucester and Rockport

street railway 55

Governor, inaugural address of 662

Grace, days of, on commercial paper, etc., to abolish .... 167,494

Grade crossings, payment of expenses of abolition of 416

alterations of, in the towns of Dedham and Hyde Park . . . .201
of the New England Railroad Company and Congress street in Boston,

alteration may be made in 557

of the Providence division of the New York, New Haven and Hartford

Railroad, changing location of, etc 268

Grand Lodge of Masons, in Massachusetts, may hold additional estate . . 74

Grant, James A., in favor of 602-

Great Barrington Fire District, may refund its debt, etc 197

Great Pond, in Edgartown, the Proprietors of the New Mattakessett Creeks

granted certain rights in 79

Green, Andrew J., in favor of 650

Chester W., in favor of 650

Leonard F., in favor of 650

Green Harbor, in the town of Marshfield, restoration of 493

Greenfield, town of, part of Deerfield annexed to 296

Fire District Number One of, water supply for 224

Greenfield and Turner's Falls Street Railway Company, may purchase the
property of the Montague Street Railway Company and increase

capital stock, etc 69

Greenhalge, Frederic T., resolutions expressing the regard of the general court

for, etc 655

resolutions on the death of 657

relative to funeral of 605

departments, etc., to be closed on the day of the funeral of, etc. . 95, 246

in favor of the widow of ......... . 626

to provide for publishing a report of the exercises commemorative of . 642

Grover, John C, in favor of 649

Guaranty capital, mutual fire insurance companies with, law relating to, amended 87

Guardian ad litem, providing for the appointment of 447

Gurney Heater Manufacturing Company, granting additional powers to . 166

Gymnasium Company, the Allen, relative to ...... . 580

Gypsy m ith, to provide for carrying on the work of the suppression of . . 643

resolutions relative to the extermination of ..... . 657

Index. 907

H.

PAGE

Hadley, town of, the Amherst and Sunderland Street Railway Company may

locate and operate its railway in 73

Hamilton, town of, boundary line between Ipswich and 502

Hampden county, clerical assistance for the register of probate and insolvency

for 163

tax granted for &17

Hampshire county, tax granted for 618

Hanover Street Railway Company, extending the corporate existence of . . 38

may extend its tracks .......... 337

Harbor and laud commissioners, to regulate construction of certain bridges

in the town of Falmouth ......... 97

to define the boundary line between Gay Head and Chilmark . . .137

additional copies of report of, to be printed 164, 609

and the board of health, to make an examination of Green Harl^or in

Marsbfleld, etc 493

duties of, relative to the construction of the Massachusetts maritime

canal 574

Harrdwick, town of, may pay a certain sum of money to administrator of estate

of John J. Wilson 70

Harlow, Calvin Francis, in favor of ........ . 651

Harran, Michael, in favor of . ......... 609

Hartford and Connecticut Western Railway Company, time for construction

of extension of its road extended 84

Harvard College, the President and Fellows of, the property of the Trustees
of the Peabody Museum of American Archaeology and Ethnology
may be transferred to . . . . . . . . . .139

Hassanamisco tribe of Indians, in favor of Liza Hemmenway, a member of . 607

Haverhill, city of, town of Bradford may be annexed to 299

relative to the water supply of 385

Haverhill Aqueduct Company, provision concerning ...... 386

Health, public, protection of, in the valleys of the Concord and Sudbury

rivers ............. 440

protection of, in the city of Cambridge 143, 355

protection of, in the city of Lynn 123

Hemenway, Mary, portion of estate of, exempt from taxation . . . . 107
Hemmenway, Liza, a member of the Hassanamisco tribe of Indians, in favor

of 607

Hewitt, Elmer, in favor of 615

High school building, town of Leominster may take land for a site for . . 356
Highway commission, duties of, relative to laying out and construction of

state highways ........... 282

authorized to expend a certain sum of money in the construction of state

highways 477

duties of, in the construction of better roads in certain towns . . 514

908 Index.

PAGE

Highway commission, may change the location, etc., of street railways on

state highways 570

providing for expenses of ......... . 602

extra copies of report of, to be printed 608

Highway, state, between Boston and Newburyport, relative to . . . 636

Highways, injuries received on, resulting from snow or ice .... 570

in Boston, laying out and construction of 152, 176

in Somerville, relative to ......... . 144

state, relative to 282

relative to the construction of 477

relative to street railways located on 570

Historian, naval and military, extending time for completion of work of . 634

Historic spots, towns may appropriate money to pay for marking . . . 475

Holbrook, Ellis R., in favor of 645

Holden, town of, water supply for ......... 130

Holiday, Fourth of July, towns may appropriate money to celebrate . . 107
the nineteenth day of April, when occurring on Sunday the following

day to be observed as a 114

Holidays, when last day for registration occurs on, day precedini^ to be the

last day of registration ......... 48

holders of liquor licenses of the fourth and fifth class prohibited from

selling on certain 258

Holmes, Cornelius B., in favor of 648

Freeman, in favor of 648

Marcus, in favor of .......... . 648

William, in favor of .......... . 648

Holyoke, city of, charter revised 394

increased water supply for 373

Holyoke Street Railway Company, provision afi"ecting ..... 512

Home, The Gardner, for Elderly People, incorporated 62

Soldiers', in favor of Trustees of ....... . 604

Homer, Thomas J., notary public, acts legalized 600

Hooker, Major General Joseph, an equestrian statue of, to be erected . . 612

Hooper, Preston, in favor of 648

Hospital, the North Adams, may establish a training school for nurses . . 86
in Quincy, the city may raise money by taxation to assist in the main-
tenance of ........... . 100

Hours of labor, resolutions relative to an amendment to the constitution of

the United States to enable congress to enact laws regulating . 660

Houses of correction, punishment of convicts for destruction of property at . 281

Howard, Henry, in favor of 650

Huntington, town of, proceedings of town meeting legalized .... 353

Huntington, Arthur L., justice of the peace, acts legalized .... 601

Hutchinson, Charles C, justice of the peace, acts legalized .... 603

Hyde Park, town of, alterations of grade crossings in 201

system of sewage disposal for 234

Hyde Park Trust Company, incorporated . . . . . . . .451

Index. 909
I.

PAGE

Ice, snow or, relative to injuries received on higliways, resulting from . . 570
Illustrations, in annual reports, not to be inserted except with the approval of

the secretary of the Commonwealth and the auditor . . . 204

Imitation butter, law relative to sale of, amended 309

Immoral shows and entertainments, to prevent 279

Improvement Association, theBourue, may hold real estate for public purposes 218

Improvement Society, the Barre Village, Incorporated . . . . , 139

Inaugural address of the governor 662

Index, of war records in adjutant general's office, completion of, etc. . . 605

to registration returns, preparation of 625

to Massachusetts archives, preparation of 685

Indigent soldiers and sailors, etc., burial of wives and widows of . . . 222

Industrial school for girls, improvements at 631

Industries, at the state prison and reformatories, relative to . . . . 639

Inferior courts, law relative to trials before, amended 164

Inflammable oils, keeping and sale of 538

Injuries received on highways, resulting from snow or ice . . . . 570
Inland fisheries and game, commissioners on, may lease Chilmark Pond in the

town of Chilmark 54

Inquests, on death by accidents on railroads, etc., evidence given at . . 253

Insane, transfers of 478

Insane asylum, the Medfleld, to provide for furnishing the new buildings of . 611

Insane hospital, the Westborough, repairs and improvements at . . . 632

Inspection, of articles of food, in Boston, relative to 194

of milk, relative to 350

Inspection department, boiler, of the district police, memljers of, to act as

examiners of engineers 584

Institute, of Technology, the Massachusetts, relative to state scholarships in . 259

the Worcester Polytechnic, state scholarships established in . . . 358

Institutes, teachers', relative to 136

Institution for Deaf Mutes, the Clarke, name changed to The Clarke School

for the Deaf 48

Institutions for savings, additional investments by 128

calling in of books of deposit by 142

relative to bonds of treasurers and employees of 293

may make extra dividends 169

Insurance, relative to the surrender value of endowment policies of . . 469

Insurance brokers, relative to 443

Insurance commissioner, compensation of referees appointed by . . .94
to prescribe conditions upon which policies of sprinkler insurance may

be issued 97

duties of, relative to the admission of mutual fire insurance companies 215

may appoint an examiner 278

may license insurance brokers 443

duties of, in relation to assessment insm-ance corporations . . 516-520

910

Index.

Insurance companies, may insure spi'inklers, etc

may invest in all securities in which savings banks are allowed to invest

credit, may do business in this Commonwealtli ....

domestic stock, relative to directors of

foreign, bonds given by agents of

foreign burglary, may transact business in this state

mutual fire, with a guaranty capital, law relating to, amended
relative to the admission of ....... .

Insurance Company, the New England Burglary, act of incorporation amended

Insurance corporations, assessment, relative to

Insurance department, appointment of an examiner for ....
Intoxicating liquors, sureties on bonds of persons licensed to sell .

to prevent the sale of adulterated

to prohibit the selling of, on certain holidays, etc

sale of, by druggists and apothecaries, regulated ....

granting licenses for the sale of, in summer resorts
Ipswich, town of, additional water loan for

boundary line between Hamilton and

FASE

97
120
441
196
353
86
87
215
340
516
278
117
217
258
347
417
293
602

J.

Jenkins, Albert, in favor of 650

Johnson, Mary O., in favor of 608

Jones, Ben j. W., in favor of 650

Henry H., in favor of .......... 649

Judges of probate and insolvency, compensation for preparing rules, etc. . 142

travelling expenses of 266

Judicial department 734

July, fourth day of, towns may appropriate money to celebrate . . . 107

Jurors, certain officers of courts exempt from serving as 378

Justice of the peace, Allen, Charles G., acts legalized 631

Ames, Moses H., acts legalized ........ 651

Field, Henry P., acts legalized. 602

Huntington, Arthur L., acts legalized 601

Hutchinson, Charles C, acts legalized 603

Peterson, Fredrik, acts legalized 651

Tucker, Lewis R , acts legalized 599

Justices, associate, of the superior court, number increased . .^ • . . 542

K.

Kelley, Thomas, in favor of .......

Kenrick, Sarah F. , city of Newton may pay a sum of money to

650

448

Index.

911

L.

iucreased expenditure for

La Claire, John E., in favor of .

Labor, manual, collection of small debts for

bureau of statistics of, authorized to make an
the purposes of the census of 1895
Laborers, employment of, in cities, relative to .

employment of, on public works
Lake Chaubuuagungamaug, in town of Webster, relative to fishing in
Lakeville, town of, the Middleborough and Lakeville Street Railway Company

may construct its railway in
Lamson, John H., in favor of ....
Lancaster, town of, the Clinton Street Railway Company may operate its rail

way in

Lands, purchased for railroad purposes, filing locations of
Larceny, committed in buildings, etc., law relative to, amended

Lawrence, Eben B., in favor of

Lawrence, city of, Arlington Mills in, may increase capital stock

may use proceeds of a loan for the extension of its water works

sittings of the supeinor court in

may refund portion of liquor license fee .....
Lee, town of, the Stockbridge Water Company may supply water to
Legacies, collateral, and successions, law relative to taxes on, amended
Legislation, tables showing changes in . . .
Legislative counsel and agents, law relative to, amended

Legislative department

Legislature, presentation of certain petitions to

inaugural address of the governor to

special messages to .
Legitimacy of children, relative to . . .
Lemmon, Bridget, in favor of ... .
Leominster, town of, may borrow money for water supply purposes

the Clinton Street Railway Company may operate its railway in

may take land for school purposes

Leominster and Clinton Street Railway Company, name established
Levesque, Elise, city of Lawrence may refund portion of liquor license fee to
Levy of executions on real estate, relative to ... .
Lexington, town of, may refund a portion of its debt

may contract with Arlington for the use of its sewer system
Liability of officers and stockholders of foreign corporations .
Library, the Eldredge Public, incorporated ....

the Millicent, name established

public, of the town of Peru, in aid of .
Library commissioners, may expend a certain sum of money in aid o
lie library of the town of Peru .

report of board of, additional copies to be printed

f the

pub

PAGE

650
439

9
443

492
72

111
644

310
51
337
650
107
242
361
569
109
71
741

28a

718
332
662
683
497
61&
145
310
35&
312
569
452
113
231
338
483
445
607

607
627

912

Index.

License commissioners, removal of

of New Bedford, relative to

Licenses, to sell intoxicating liquors, sureties upon bonds of persons holding

fourth and fifth class, holders of, prohibited from selling on certain
holidays

of the sixth class, regulating the issue of

in summer resorts, relative to granting .
Licenses, to engineers and firemen of stationary engines
Liens, on vessels, law relative to, amended
Lieutenant governor, relative to the salary of .

Life insurance, relative to the surrender value of endowment policies of
Liquor, intoxicating, to prohibit the selling of, on certain holidays, etc.

sureties on bonds of persons licensed to sell ....

to prevent the sale of adulterated

sale of, by druggists and apothecaries, regulated

granting of licenses for the sale of, in summer resorts .

Littlefield, Gushing W., in favor of

Loan Association, the Fall River Collateral, incorporated .
Loan and trust companies, safe deposit and, relative to .
Loans, by co-operative banks, relative to

temporary, by fire districts, relative to

Lobby act, so-called, amendment to

Locations, of lands purchased for railroad purposes, filing of .
Longmeadow, town of, the Enfield and Longmeadow Electric Railway

pany maj^ extend its railway through ....
Lowell, city of, charter amended

may borrow money for erecting school buildings .
Lowell and Surburban Street Railway Company, corporate powers extended
Lunacy and charity, state board of, relative to the cost of educating children

in the charge of

Lunatic hospital, Northampton, improvements at

Taunton, repairs and improvements at . .
Lyman school for boys, purchase of additional property for

Lynde, Sherman, in favor of

Lynn, city of, protection of public health in . . .

may pay a sum of money to the widow of Nelson H. Doe

filling vacancies in assistant assessorships for .

may borrow money for sewer purposes

may borrow money for purchasing land and erecting an engine house

Com

PAGE

342
136
117

258
346
417
583
355
283
469
258
117
217
346
417
649
117
376
219
223
280
51

473

232, 364

273

333
608
630
649
649
123
260
267
338
341

M.

Macey, James, in favor of 649

Maiden, city of, may borrow money for sewer purposes 116

the Roman Catholic Cemetery Association may convey certain lands to 209

Maiden Trust Company, incorporated 450

Manual labor, collection of small debts on account of 439

Index. 913

PAGE

Manufacturers' Agricultural Society, in North Attleborough, incorporated,

etc 205, 635

Manufacturing corporations :

Arlington Mills, may increase capital stock 107

Berkshire Cotton Manufacturing Company, may increase capital stock 58

Boston Belting Company, provision aflecting 554

Chicopee Manufacturing Company, name established .... 481

EUerton Mills, name changed to The Chicopee Manufacturing Company 481

Fall River Iron Works Company, may increase capital stock . . . 376

Gurney Heater Manufacturing Company, granting additional powers to 166

Revere Rubber Company, may increase capital stock .... 54

Tremont and Suftblk Mills, may increase capital stock, etc. ... 60

Manufacturing corporations, etc., bonds of treasurers of 282

Marden, "William H., in favor of 650

Market limits, established in the city of Boston 309

Marking ballots, may be done by the use of a stamp 536

Marlborough, city of, charter revised 312

relative to the sewer debt of 192

the Marlborough and Westborough Street Railway Company may oper-
ate its railway in 381

additional water loan for 476

Marlborough and Westborough Street Railway Company, incorporated . . 380

Marriage, relative to validity of, etc 497

Marriages, relative to the solemnization of 257

Mai-sh, George W., in favor of 650

Marshfleld, town of, restoration of Green Harbor in 493

Martha's Vineyard Street Raihvay Company, incorporated, etc. . . . 382
Mashpee, town of, the Barnstable County Street Railway Company may oper-
ate its railway in 455

Masonic Charity and Educational Association, the Worcester, incorporated . 186

Masons, Grand Lodge of, in Massachusetts, may hold additional estate . . 74

Massachusetts, relative to the battleship of that name ..... 635

and the states of New Hampshire and Vermont, payment of expenses in

establishment of boundary line 644

Massachusetts Agricultural College, in favor of 641

Massachusetts archives, index for 635

Massachusetts Charitable Eye and Ear Infirmary, in favor of . . . 607, 641
Massachusetts highway commission, duties of, relative to laying out, etc., of

state highways 282

authorized to expend a certain sum of money in the construction of state

highways 477

duties of, in the construction of better roads in certain towns . .514

may change location, etc., of street railways on state highways . . 570

providing for expenses of 602

extra copies of report of, to be printed 608

Massachusetts hospital for consumptives and tubercular patients, trustees of,

may take land in Rutland for hospital purposes .... 80

914 Index.

PAGE

Massachusetts Institute of Technology, relative to state scholarships in . 259

Massachusetts Maritime Canal Company, incorporated ..... 571

Massachusetts Pipe Line Gas Company, incorporated ..... 564

Massachusetts School for the Feeble-minded, erection of new buildings at . C34

Massachusetts volunteer militia, relative to the naval brigade of . . , 133

relative to service medals in ........ . 288

relative to discharges from 377

Master, wardens, etc., of the Grand Lodge of Masons in Massachusetts, may

hold additional estate 74

Mattakessett Creeks, the New, Proprietors of, granting additional rights to . 79

Mayor, relative to vacancies in the office of 332

Mc Arthur, Duncan, the city of Boston may pay a sum of money to widow of 151

McGrady, Edward, in favor of 650

McTammany voting machine, cities and towns may use 496

Mechanics, etc., employment of, on public works . . . . . . 492

Medals, service, in the militia, relative to 283

Medfleld insane asylum, to provide for furnishing the new buildings of . . 611

Medford, city of, payment of sewer assessments in, etc 189

Melrose, town of, remains of the dead may be removed from the old burial

ground in 60

may borrow money for sewerage purposes 66

in favor of certain veterans of 648

Memorial, the Nevins, the remains of David S. Nevins and his wife Eliza may

be interred within the limits of the real estate of ... . 137
Memorial Hall, in the state house extension, to provide for the interior finish

of .582

Merrimac river, In-idge over, between Newburyport and Salisbury, to be re-
built 479

Mesne process and execution, relative to arrest on 193

Messages, special, to the legislature 683

Metropolitan district commission, additional copies of report of, to be printed 638

Metropolitan park commission, to better define the authority of . . . 452

increasing the amount of money to be placed at the disposal of . 454, 471

fixing a limit of time in which lands can be taken by, etc. . . . 596

and state board of health, to investigate and report on the condition of

Charles river 606

Metropolitan parks and boulevards, relative to 5-96

Metropolitan sewerage commissioners, to provide for printing report of,

etc 165, 600

Metropolitan sewerage system, portion of the town of Wakefield included in

the district of 362

Metropolitan water system, compensation for damages caused by construction

of 393

Mexican war, resolutions relative to veterans of 654

Middleborough, town of, the Middleborough and Lakeville Street Railway

Company may construct its railway in ...... Ill

Middleborough and Lakeville Street Railway Company, incorporated . . Ill

Index. 915

PAGE

Middlesex county, treasurer of, to be reimbursed for travelling expenses . 127
to provide for the appointment of an additional assistant clerk of courts

for 163

providing accommodations for registry of deeds and probate court in . 497

tax granted for G16

Military and naval historian, time for completion of woi*k of, extended . . 634

Militia, relative to the naval brigade of 133

relative to service medals in 283

relative to discharges from 377

Milk, condensed, sale of, regulated 210

inspection and standard of 350

Millers Falls, village of, in the town of Montague, water supply for . . lOl

Millers Falls Water Supply District, incorporated, 102

Millicent Library Corporation, name changed to The Millicent Library . . 445

Milton, town of, proceedings at special town meeting confirmed ... 45

Miner street, in Boston, may be laid out and accepted as a public highway . 86
Minnesota, the steamer, used by the naval militia, to be under the control of

the adjutant general 242

Minor children, placed in charge of persons, associations or institutions, rela-
tive to 241

Missions, the Springfield Branch of the "Woman's Board of, incorporated . 188

Model schools, receipt and payment of money for support of . . . . 91

Monroe doctrine, resolutions in support of 660

Montague, town of, water supply for the village of Millers Falls in . , 101
Montague Street Hallway Company, may sell its franchise and property to the

Greenfield and Turner's Falls Street Eailway Company ... 69

Morse, Horace E., in favor of - . 649

Mortgages, power of sale, foreclosure of 148

Morton, Andrew J., in favor of 648

Mt. Tom Railroad Company, incorporated 512

Municipal corporations, appeals by 289

Municipal court of Boston, an additional special justice to be appointed for . 174

Munn, Thomas J, in favor of 649

Music Hall Company, the Gardner, incorporated 502

Mutual fire insurance companies, with guaranty capital, law relating to,

amended 87

relative to the admission of 215

Names of persons, changed 707

Nantucket, the First Congregational Church of, may sell and convey its lands 272

Nash, Charles L., in favor of 650

Nashua Street Railway, the Lowell and Suburban Street Railway Company

may lease the franchises, etc. , of 88

Natick, town of, may refund a portion of its debt ...... 40

may borrow money for sewerage purposes ...... 245

916 Index.

PAGE

Naval brigade, of the militia, relative to 133

Naval militia, the steamer used by the, to be under control of the adjutant

general 242

Neponset meadows, relative to the report of the board of health on the sani-
tary condition of 624

Nevins Memorial, the remains of David S. Nevins and his wife Eliza may be

interred within the limits of the real estate of 137

New Bedford, city of, relative to the license commissioners of . . . 136

board of public works of, may elect a clerk, etc 192

appointment of assistant assessors in ...... . 211

New England Burglary Insurance Company, act of incorporation amended . 340
New England Railroad Company, provisions affecting . . . 201, 520-533

relative to terminal facilities of, etc. 557

New Hampshire and Vermont, boundary line between Massachusetts and, pay-
ment of expenses of establishing 644

New Mattakessett Creeks, Proprietors of, granting additional rights to . . 79
New York, New Haven and Hartford Eailroad Company, provisions affect-
ing 201, 520-533, 573

raising grade and changing location of Providence division of . . 268

Newburyport, city of, may borrow money for sewer purposes .... 166

sittings of the superior court in 361

bridge over the Merrimac river between the town of Salisbury afld, to

be rebuilt 479

relative to the construction of a state highway between Boston and . 636

Newton, city of, may borrow money for widening streets. . . . / 98

may contract with town of Brookline for disposal of sewage . . . 579

may pay a sum of money to Sarah F. Kenrick 448

Newton Centre Savings Bank, incorporated ■ . 71

Newton Corner Methodist Episcopal Church, the, name changed to, Newton

Methodist Episcopal Church 210

Nineteenth day of April, when occurring on Sunday the following day to be a

holiday 114

Nolon, Peter, in favor of 650

Nomination papers, etc., law relative to, amended 457

Norfolk county, tax granted for 633

Normal school, at Framingham, improvements at 638

at Salem, relative to 604

at Worcester, to provide for completing and furnishing the gymnasium

at 621

Normal school buildings, new, furnishing and grading the grounds of . . 639
North Adams, city of, the North Adams Hospital in, may maintain a training

school for nurses 86

may borrow money for public building purposes 143

may bori'ow money for water supply purposes 146

North Adams Hospital, may establish a training school for nurses ... 86
North Attleborough, town of, the Manufacturers' Agricultural Society in, in-
corporated, etc 205, 635

Index. 917

PAGE

Northampton, city of, the Clarke Institution for Deaf Mutes in, name changed

to The Clarke School for the Deaf iS

Northampton lunatic hospital, improvements at 608

Northampton Street Railway Company, may act as a common carrier of parcels 394

Northborough, town of, proceedings of town meeting legalized . . . 304

the Marlboi-ough and Westborough Street Railway Company may operate

its railway in 381

Northern Baptist Education Society, the, may use donations, etc., for current

expenses 251

Norwell, town of, the Hanover Street Railway Company may extend its tracks

into ■ 337

Notary public, Homer, Thomas J., acts legalized 600

Notes, bonds, etc., issue of, by cities and towns 214

o.

Oak Grove Cemetery, Proprietors of, may hold additional estate . . . 258

Officers, of courts, certain, exempt from serving as jurors .... 378
Old Colony Railroad Company, provisions afiecting . . 96, 520-533, 573, 574, 575

Oleomargarine, etc., law relative to sale of, amended 310

Orange, town of, in favor of 625

Orders, of court, requiring recognizances, may be revoked .... 337

P.

683
515

475
45

288
272

Pardons granted in 1895, list of .

Parental School of Boston, releases from ....

Parish, The First Universalist, of Peabody, name established
of St. Peter's Church, name established .

Park, public, the town of Peabody may sell a portion of its
in Somerville, time for taking land for, extended

Park commission, the metropolitan, to better define the authority of . . 452
increasing the amount of money to be placed at the disposal of . 454, 471
fixing a limit of time in which lands can be taken by, etc. . . . 596

of Boston, may sell certain parcels of land 360

of Waltham, may take certain lands for a water park .... 156

Park loan:

Arlington 76, 213

Beverly 216

Parks, relative to violation of regulations concerning 145

metropolitan, and boulevards, relative to 596

public, in the town of Arlington, relating to 74,211

in the city of Boston, relative to construction of, etc., in tide waters 233

Boston may continue the construction of 446

in the city of Cambridge, relative to 268

918

Index.

Companj

may

railway iu the

Parkways, boulevards, etc., building line and height of buildings on

Paxton, the First Congregational Church of, certain proceedings of, legalized

Payment of wages, weekly, law relative to, amended .....

by contractors, relative to .

Peabody, town of, First Unitarian Church in, may enlarge its membership, etc.

may sell a portion of its public park .......

extending the time for making report on sewage disposal of .

The First Universalist Parish of, name established

Peabody, Torrey, Jr., in favor of

Peabody Museum of American Archaeology and Ethnology, Trustees of, prop-
erty of, may be transferred to the President and Fellows of Harvard

College

People's Trust Company, incorporated

Pepperell, town of, the Lowell and Suburban Street Railway

operate its railway in

Peru, town of, in aid of the public library of
Peterson, Fredrik, justice of the 3)eace, acts legalized
Petitions, presentation of certain, to the general court
Pharmacy, practice of, regulated ....
Physicians and surgeons, relative to the registration of .
Pipe Line Gas Company, the Massachusetts, incorporated
Pittsfield, city of, additional water supply for .
Pittsfleld Electric Street Railway Company, may operate its

town of Dalton

Plainfleld, town of, certain proceedings of, legalized
Pleadings, in criminal cases, preparation of forms for
Plymouth county, tax granted for ....
Police, district, two additional members of the boiler inspection department
of, to be appointed ........

railroad and steamboat, relative to record of appointment of
Police court, of Springfield, clerical assistance for the clerk of
Police force, reserve, in cities, providing for appointment of .

to be appointed for the city of Salem

Policies, endowment, relative to the surrender value of .

Pollution of sources of water supply, relative to ... .

Polytechnic Institute, the Worcester, state scholarships established in

Poor, Henry, iu favor of .... .

Porcheron, Charles E., in favor of . . .

Porter, Humington, in favor of .

Power of sale mortgages, foreclosure of .

Practice schools, receipt and payment of money for

Pratt, Daniel S., in favor of ... .

Precincts, voting, division of cities into

Princeton, town of, proceedings of town meeting legalized

Prison, the reformatory, for women, water supply for

sentences to ....... .

removals from

support of

PAGE

261
91
188
277
59
288
627
475
649

139
481

607
651
332
343
168
564
77, 220

81
448
647
612

584
166
275
261
109
469
196
358
650
648
650
148
91
649
191
557
219
255
266

Index.

919

Prison, the reformatory, for women, repairs at

Prison, state, punisiiment of convicts for destruction of property at

additional sliop room at

industries at

Prisoners, removal of, from house of correction, etc

Probate bonds, relative to suits on

Probate court, Middlesex county, building to be erected for the use of, in Cam-
bridge

Probate courts, appointment of appraisers in proceedings before

Probate and insolvency, judges of, compensation for preparing rules, etc.

judges and registers of, travelling expenses of

county of Hampden, clerical assistance for register of .

Proprietors of the New Mattaliessett Creeks, granting additional rights to

Proprietors of Oak Grove Cemetery, may hold additional estate

Prospect Union Association, incorporated

Protestant Episcopal Religious Society, in Cambridge, proceedings confirmed

Providence, Fall River and Newport Steamboat Company, property, etc., of
the Fall River and Providence Steamboat Company may be trans-
ferred to

Providence division of the New York, New Haven and Hartford Railroad
raising the grade and changing the location of .

Public docujMents :

report of the civil service commission, edition increased

report of treasurer and receiver general, edition increased

report of harbor and land commissioners, edition increased, etc. . 1

report of metropolitan sewerage commissioners, edition increased

etc 1

report of the highway commission, extra copies to be printed
report of board of registration in medicine, extra copies to be printed
report of board of library commissioners, extra copies to be printed

Public health, protection of, in the city of Cambridge

protection of, in the city of Lynn

protection of, in the valleys of the Concord and Sudbury rivers

Public parks, Boston may continue the construction of . . .

Public records, commissioner of, extra copies of the seventh report of,
printed

Public schools, relative to the cost of education of certain children in

Public service, employment of veterans in

Public Statutes, consolidation of . ,

to be

64,

65,

43

PAGE

640

281
G31
639
539
152

497
153
142
266
163

79
258
357

45

165

268

57
138
609

600
608
612
627
355
123
440
446

606
333
534
637

Q-

Qualification and removal of election officers in Boston 339

Qualifications, of firemen, in the city of Boston 377

Quincy, city of, may raise money by taxation to assist in tlie maintenance of

the city hospital in 100

920 Index.

PAGE

Quincy Quarry Company, time for location of railroad of, extended . , 153
Quincy and Boston Street Railway Company, may lease or purcliase the prop-
erty of the Braintree Street Railway Company 89

Quinsigamond Lake, Ashing through the ice prohibited on a certain part of . 204

R.

Railroad, of the Quincy Quarrj^ Company, time for location of, extended . 153

Railroad commissioners, duties of, relative to extension of street railways . 500

duties of, relative to the construction of the Massachusetts maritime

canal 574

to investigate the subject of the ventilation of railroad cars, etc. . . 643
to investigate and report on the subject of the carriage of bicycles by

railroad corporations .......... 647

Railroad corporatioxs :

Boston and Albany Railroad Company, provisions affecting . . 520-533
Boston and Providence Railroad Corporation, provisions affecting 520-533
Hartford and Connecticut Western, time for construction of extension

of, extended 84

Mt. Tom, incorporated 512

New England, provisions affecting 201, 520-533

relative to the terminal facilities of 557

New York, New Haven and Hartford, provisions affecting 201, 520-533, 573

raising grade and changing location of Providence division of . . 268
Old Colony, provisions affecting . . . .96, 520-533, 573, 574, 575
Southbridge, Sturbridge and Brookfleld, time for construction of its

road extended 99

Worcester and Shrewsbury, property of, may be leased to the Worcester

Consolidated Street Railway Company 513

Railroad purposes, filing locations of lands purchased for .... 51

Railroad and steamboat police, relative to the record of appointment of . . 166
Railroad and street railway cars, to provide for an investigation of the subject

of the ventilation of ......... . 643

Railroads, in the southerly part of Boston, to provide a union station for . 520

reports of evidence at inquests in cases of death by accident on . . 253

carriage of bicycles by 647

grade crossings of, payment of expenses of abolition of . . . 416

in the towns of Dedham and Hyde Park, alterations in . . . 201

Randidge, George L., the city of Boston may accept legacy of . . . 157

Randolph, town of, additional water loan for 306

the Central Cemetery Association of, may hold additional estate . . 540-

Raymond, Ella, in favor of 601

Raynham, town of, the Taunton and Brockton Street Railway Company may

operate its railway in 495

Reading, town of, the Reading and Lowell Street Railway Company may ex-
tend its railway into .... ...... 1 13

Index. 921

PAGE

Reading and Lowell Street Railway Company, may extend its railway into

. 113
452

. 379
. 337
. 335
290, 477
. 457
. 294

certain towns .......

Real estate, levy of executions on

Real Estate Association, the Worcester, incorporated
Recognizances, court may revoke order requiring
Records, to be kept of proceedings by county commissioners
gas and electric light companies to keep .
of elections, etc., law relative to, amended
Recount of ballots, in the city of Boston, relative to

Referees, appointed by the insurance commissioner, compensation of . . 94

Reformatories, punishment of convicts for destruction of property at . . 281

Reformatory, the Suffolk County, providing for the establishment of, etc. . 561

Reformatory prison for women, water supply for 219

sentences to ........... . 255

removals from 266

repairs at 640

Register of probate and insolvency, county of Hampden, clerical assistance

for 163

Registers of deeds, relative to 437

Registers of deeds, assistant, payment for services of, subject to approval of

county commissioners 120

Registers of probate and insolvency, travelling expenses of ... . 266
Registration, in medicine, board of, additional copies of report of, to be

printed 612

in pharmacy, board of, providing for apppointment of . . . . 343

of physicians and surgeons, relative to 168

Registration of voters, to better define the days of 48

law relative to, amended 457

in the city of Boston, relative to 294, 585

Registration returns, preparation of index to 625

Registries of deeds, payment for clerical assistance, etc., in, subject to

approval of county commissioners 120

Registry of deeds, building to be erected for, in Cambridge .... 497

Removal, etc., of election officers in the city of Boston 339

of license commissioners, relative to 342

Report, of the board on docks and terminal facilities, extending the time for

making 626

of civil service commission, edition increased 57

of harbor and laud commissioners, additional copies to be printed 164, 609
of the state board of health, on the sanitary condition of Neponset

meadows, to be made in print 624

on sewage disposal of Salem and Peabody, time for making, extended . 627

of the Massachusetts highway commission, extra copies to be printed . 608

of library commissioners, additional copies to be printed . . . 627

of the metropolitan district commission, additional copies to be printed 638
of metropolitan sewerage commissioners, to provide for printing, etc. 165, 600

of commissioner of public records, extra copies to be printed . . 606

922

Index.

Report, of the board of registration iu medicine, additional copies to be printed

of treasurer and receiver general, additional copies to be printed

of accidents from the use of gas or electricity, to be made to the gas
and electric light commissioners ......

of the exercises commemorative of the death of Governor Greenhalge

to provide for publishing

Reports, to commissioners of savings banks, penalty for refusal to make, etc

of evidence at inquests in cases of deatli by accident on railroads, etc.

of the investigation of flres, relative to

of state officers and boards, etc., not to contain illustrations except with

the approval of the secretary of the Commonwealth and the auditor

Representatives, apportionment of, to counties ....

Representatives in congress, changes in districts for the election of

Reserve police force, in cities, providing for appointment of .

to be appointed for the city of Salem

Resolutions :

relative to the navigation of the Connecticut river .

on the improvement of Boston harbor

relative to veterans of the Mexican war

relative to pensioning soldiers and sailors confined in confederate prisons

expressing the regard of the general court for Governor Greenhalge, etc

on the death of George D. Robinson ....

relative to the extermination of the gypsy moth

on the death of Governor Greenhalge ....

relative to the establishment of a national military park at Vicksburg

relative to discrimination on account of color .

in support of the Monroe doctrine

relative to amending the constitution of the United States so that con
gress may enact laws regulating hours of labor

of sympathy to representative John A. Woodbury .

of sympathy to representative Samuel S. Bourne .
Returns, from certain corporations, relative to .

of school committees, to board of education, relative to
Revere, town of, may elect a board of survey ....
Revere Rubber Company, may increase its capital stock .
Revocation, etc. , of orders requiring recognizances .
Road machines, etc., to be furnished to certain towns upon appllcat:
Roads, to aid certain towns in the construction, etc., of .
Robinson, George D., resolutions on the death of
Rogers, John, the city of Boston may grant a pension to .
Roman Catholic Cemetery Association, may convey lands to the city of Maiden
Ross, Willis, certain taxes paid by, to the town of Stoneham, maybe refunded
Rules and blanks, compensation of judges of probate and insolvency for pre-
paring

Russell, Sylvester W., in favor of

Rutland, town of, land may be taken in, by the trustees of the Massachusetts
hospital for consumptives, etc. ........

PAGE

612
138

278

642
274
253
254

204
511
537
261
109

652
653
654
655
655
656
657
657
658
659
660

660
661
661
304
128
369

54
337
514
514
656
218
209

46

142
645

80

Index. 923

S.

PAGE

Safe deposit, loan and trust companies, relative to 376

Safe Deposit and Trust Company, tlie Dorcliester, incorporated . . .451

Salaries, of school teachers in small towns 358

Salary of the lieutenant governor, relative to 283

Sale, of adulterated liquors, to prevent 217

of commercial fertilizers, regulated ....... 24G

of condensed milk, regulated 210

of Inflammable oils, etc., relative to 538

of imitation butter, etc. , law relative to, amended 309

of intoxicating liquors, by druggists and apothecaries, regulated . . 347

in summer resorts, granting of licenses for ...... 417

Salem, city of, draw in Essex bridge between the city of Beverly and, may be

relocated, etc Gl

providing a reserve police force for 109

sittings of the superior court in 361

normal school at, relative to . . . . ... . . . 604

extending the time for malving report on sewage disposal of . . . 627
Salem Street Society of Worcester, the Union Society of said city may unite

with 276

Salisbury, town of, bridge over the Merriraac river between the city of New-

buryport and, to be rebuilt 479

Savings Bank, the Newton Centre, incorporated 71

Savings banks, additional investments of ....... . 128

calling in of books of deposit by 142

may make extra dividends 142

bonds of treasurers and employees of 293

commissioners of, penalty for refusal to make reports to, etc. . . 274

employees of, exempt from civil service I'ules ..... 501

Scallops, regulating the taking of 214

Scholarships, in the Massachusetts Institute of Technology .... 259

in the Worcester Polytechnic Institute 358

School, for boys, the Lyman, purchase of additional property for . . . 649

for the Deaf, The Clarke, name established 48

normal, at Framiugham, improvements at 638

at Salem, relative to 604

School attendance and truancy, the board of education to report a plan for

regulating 640

School buildings, normal, new, furnishing and grading the grounds of . . 639

School buildings, high, town of Leominster, may take land for a site for . 356

the city of Lowell may borrow money to defray the expense of erecting 273

the city of Springfleld may take certain land for the purpose of erecting 252

School committee, of the city of Boston, powers and duties of . . . 244

School committees, returns of, to the board of education, relative to . . 128

in towns, number of members of, may be changed 267

School teachers, in small towns, salaries of ...... . 358

924: Index.

PAGE

Schools, ungraded, publication of an outline of lessons in drawing for . . 605

practice and model, receipt and payment of money for support of . 91

public, relative to the cost of education of certain children in . . 333
Second district court, eastern Worcester, town of Boylston to be included in

tlie judicial district of ........ . 188

Second Society of Universalists in the Town of Boston, relative to the title

of, to certain property ......... 64

Second Universalist Society of Danvers, The, name changed to The First

Universalist Parish of Peabody 474

Secretary of the Commonwealth, to supervise the state printing . . . 193
reports of state officers and boards not to contain illustrations except

with the approval of 204

to furnish cities and towns the McTammany voting machine on request,

etc 496

payment of fees in the office of 539

to furnish the town of Duxbury with certain volumes of reports of de-
cisions of the supreme judicial court 609

Senate, to provide temporary accommodations for 651

Senatorial districts, established 505

Sentences, to reformatory prison for women, relative to 255

Service medals, in the militia, relative to 283

Sewage disposal, Arlington, may construct a system of 225

Hyde Park, may construct a sj^stem of ...... . 234

Melrose, may borrow money to defray expense of system of . . . 66

Newton, may contract with the town of Brookline relative to , . 279

Wakefield, may construct a system of ...... . 255

Sewer assessments, etc., relative to the collection of ... . 176, 195

in the city of Boston, relative to 292

in the city of Medford, payment of 189

Sewer indebtedness, of the city of Marlborough, relative to . . . .192
Sewerage Loan :

Arlington ' ... 230

Fall River 476

Great Barrington Fire District . 197

Hyde Park 238

Lynn 338

Maiden 116

Melrose 66

Metropolitan - 363

Natick 245

Newburyport 167

Stoneham ............. 153

Wakefield 255

Sewerage system, the metropolitan, portion of the town of Wakefield in-
cluded in the district of 362

Sewers, city of Lynn may borrow money to defray the expense of construct-
ing 338

Index. 925

PAGE

Sewers, in the cities of Somerville and Cambridge, building of . . .178

Shade trees, preservation of ......... . 138

Sharon, town of, additional water loan for 471

Shelburne, town of, the Shelburne Falls and Colrain Street Railway Company

may locate and operate its railway in 52

Shelburne Falls and Colrain Street Railway Company, incorporated . . 51

Shelton, Albert F., in favor of 649

Ships, vessels, etc., larceny committed in, law relative to, amended . . 337

Shirley, town of, proceedings of town meeting confirmed .... 284

Shows and entertainments, immoral, to prevent 279

Shrewsbury, town of, fishing through the ice in Abbott's pond in, pro-
hibited 204

Shurtleff, William S., in favor of widow of 600

Sick benefits, funeral and, certain organizations paying, exempt from certain

provisions of law 93

Sidewalk assessments, collection of 195

Simonds, Hannah G., in favor of 649

Smith, Elijah, in favor of 644

Samuel F., a bust of, to be placed in the state house .... 650

Snow or ice, relative to injuries received on highways resulting from . . 570
Societies :

Barre Village Improvement, the, incorporated 139

Manufacturers' Agricultural, the, in North Attleborough, incorporated,

etc 205, 635

Northern Baptist Education, the, may use donations, etc., for current

expenses 251

Salem Street, the, of Worcester, the Union Society of said city may unite

with 276

The Second Universalist, of Danvers, name changed to The First Uni-

versalist Parish of Peabody 474

The Second, of Universalists in the town of Boston, relative to the title

of, to certain property ......... 64

Trustees of the St. John's Methodist Episcopal Church of Boston, acts

legalized 115

Union, the, of Worcester, may unite with the Salem Street Society of

said city 276

Soldiers and sailors, etc., burial of wives and widows of . . . . . 222
who were confined in confederate prisons, resolutions relative to pen-
sions for 655

Soldiers' Home, Trustees of, in favor of 604

Soldiers' monuments, towns may appropriate money to meet expense of dedi-
cation of 242

Soraerville, city of, relative to highways in ...... . 144

and the city of Cambridge, building of sewers in 178

time for taking land for park in, extended ...... 272

South Boston, providing for the further improvement of the Commonwealth's

flats in 436

926 Index.

PAOB

Southborough, town of, the Marlborough and Westborough Street Railway

Company may operate its railway in 381

Southbridge, Sturbridge and Brookfleld Railroad Company, time for construc-
tion of its road extended 99

Sparring exhibitions, penalty for engaging in 376

Special commissioners, appointment of women as ... . . 475
Special justice, an additional, to be appointed for the municipal court of the

city of Boston 174

Special messages to the legislature ......... 683

Sprague, Samuel, Jr., in favor of 649

Springfield, city of, the Springfield City Market in, incorporated ... 56

and the town of West Springfield may unite 169

may take land for school purposes ........ 252

police court of, clerical assistance for the elerk of . . . . . 275

the United Electric Light Company in, may do business in adjoining

cities and towns 336

the Enfield and Longmeadow Electric Railway Company may extend its

railway into 473

Springfield Branch of the Woman's Board of Missions, incorporated . . 188

Springfield City Market Company, Incorporated 56

Sprinklers, etc., fire insurance companies may insure 97

St. John's Society of the Methodist Episcopal Church of Boston, Trustees of,

acts legalized 115

St. Peter's Church, in Cambridge, proceedings of, ratified .... 45

Stables, in cities, licensing and regulating ........ 276

Stamp, to provide for the use of, in marking ballots at elections . . . 536

Stantial, Thomas B., in favor of 649

State board of agriculture, tenure of oftice of members of 197

to collect and circulate information concerning abandoned farms . . 607
State board of health, and the harbor and land commissioners, to make an ex-
amination of Green Harbor in Marshfield 493

relative to the report of, on the sanitary condition of Neponset meadows 624
State board of health, time extended for making report on drainage system for

Salem and Peabody 627

State boards and commissions, etc., the attorney-general to appear for, in all

suits, etc 482

State departments, etc. , to be closed on the day of the funeral, etc. , of Frederic

T. Greenhalge, late governor ....... 95, 246

State farm at Bridgewater, repairs, etc., at 638

State highway, between Boston and Newburyport, relative to . . . . 636

State highways, relative to 282

relative to the construction of 477

relative to street railways located on ...... . 570

State house,' the Bulfinch, so-called, preservation of 554

State house construction commission, to provide temporary accommodations

for the senate 651

State house extension, to provide for interior finish of Memorial Hall in . 582

Index.

927

prop

State house extension, to provide for furnishing the Bryant addition of .
State military and naval historian, time for completion of work of, extended

State printing, relative to the supervision of

State prison, punishment of convicts for destruction of property at

additional shop room at

industries at .......•• •

State tax, apportioned and assessed

Station records, required to be kept by gas and electric light companies

Stationary engines, licensing of engineers and firemen of .

Statistics of labor, bureau of, authorized to make an increased expenditure for

the purposes of the census of 1895

Statutes, relating to elections, codification of

Public, consolidation and arrangement of ....

tables showing changes in

Steamboat Company, the Fall River and Providence, may dispose of its

erty, etc • •

Steamboat police, evidence of regularity of appointment of
Stenographer, appointment of, for the superior court, county of SuflTolk
Stevens, Augustus P., in favor of . . .

Nellie R., in favor of

Stilphen, Elva P., in favor of .

Florence A., in favor of ....

Sarah E., in favor of

Stockbridge Water Company, may furnish water to the town of Lee
Stocks and bonds, issue of, by gas and electric light companies
Stoneham, town of, may refund certain taxes .
may borrow money for sewer purposes .
in favor of certain veterans of .
Stony Brook, in the city of Boston, relative to .
Stoughton, town of, certain proceedings of, confirmed
Street commissioners, Boston, relative to powers of.
Street railway cars, etc., to provide for an investigation o

tilation of

Street railway companies, increase of capital stock of

extension of franchise of .
Street Railway Corporations :

Amherst and Sunderland, incorporated .

Barnstable County, incorporated

Braintree, the Quincy and Boston Street Railway Company may lease or

purchase the property of

Brockton, may extend its railway into certain other towns
Clinton, may increase capital stock, extend its tracks, etc.
Conway Electric, may increase capital stock and extend its tracks
Cottage City, the Martha's Vineyard Street Railway Company may lease

or purchase the franchises, etc., of .
Enfield and Longmeadow Electric, may extend its railway into the city
of Springfield

f the

subject of ven

PAGE

595
634
193
281
631
639
543
290, 477
583

9

632
637
741

165
166
449
650
600
649
649
649
109
472
46
153
650
552
482
148

643

359
500

73
455

89
308
310

83

382
473

928

Index.

Street Railway Corporations — Concluded.

Essex, time for construction of its railway extended
Gardner, may lease its road to the Templeton Street Railway Company
Gloucester, may lease the Gloucester and Rockport street railway .
Greenfield and Turner's Falls, may purchase the property of the Mon

tague Street Railway Company, etc

Hanover, extending the corporate existence of ....

may extend its tracks

Holyoke, provision affecting

Leominster and Clinton, name established

Lowell and Suburban, corporate powers extended ....

Marlborough and Westborough, incorporated

Martha's Vineyard, incorporated, etc

Middleborough and Lakeville, incorporated

Montague, may sell franchise and property to the Greenfield and Tur

ner's Falls Street Railway Company

Nashua, the Lowell and Subxirban Street Railway Company may lease

franchises, etc., of

Northampton, may act as a common carrier of parcels .
Pittsfield Electric, may operate its railway in the town of Dalton
Quincy and Boston, may lease or purchase the property of the Braintree

Street Railway Company ....
Reading and Lowell, may extend Its railway, etc.
Shelburne Falls and Colraln, incorporated
Taunton and Brockton, incorporated
Templeton, incorporated .....
West Roxbury and Roslindale, maj^ extend its railway
Worcester Consolidated, may lease the Worcester and Shrewsbury

street raihvay, and the Worcester and Shrewsbury railroad .
Worcester and Shrewsbury, property of, may be leased to the Worces
ter Consolidated Street Railway Company ....
Street railways, reports of evidence at Inquests in cases of death by accident

on

located on state highways, relative to . . .
Streets, use of, by certain corporations ....
Sturbridge, town of, public library building to be erected in
Subways, coustruction of, in the city of Boston
Sudbury and Concord rivers, protection of the public health in the valleys of
Suffolk county, superior court in, sitting for the hearing of cases for other
counties, performance of clerical duties in
appointment of an official stenographer for the criminal session of the

superior court in

prisoners confined in the house of correction in, may be removed to the

house of industry

Suffolk County Reformatory, providing for the establishment of, etc.

Suits, on probate bonds, relative to

Summer resorts, granting of licenses for the sale of intoxicating liquor in

Index. 929

PAOB

Sunderland, town of, the Amherst and Sunderland Street Railway Company

may locate and operate its railway in 73

Superior court, to make rules relative to publishing trial lists and notifying

attorneys of trials 353

increasing the number of associate justices of 542

sittings of, in the county of Essex 361

sitting in Suffolk county for the hearing of cases for other counties, per-
formance of clerical duties in 361

county of Suffolk, criminal session, appointment of an official stenog-
rapher for 449

Supervision of state printing, relative to 193

Supreme judicial and superior courts, filing of exceptions in . . . . 445
Sureties, on bonds of persons licensed to sell intoxicating liquors, relative

to 117

Surrender value of endowment policies, relative to 469

Survey, board of, town of Revere may elect a 369

Swampscott, town of, park commissioners of, may erect certain structures for

boating purposes, etc. 60

Swan, Robert T. , in favor of 610

T.

Tables showing changes in legislation 741

Tainter, George A., in favor of 649

Taunton, city of, the Taunton and Brockton Street Railway Company may

operate its railway in 495

Taunton Great river, bridge over, to be rebuilt . 280

Taunton lunatic hospital, repairs and improvements at 630

Taunton and Brockton Street Railway Company, incorporated . . . 494

Tax, county, Barnstable 609

Berkshire 623

Bristol 614

Dukes County 610

Essex 613

Franklin 620

Hampden 617

Hampshire 618

Middlesex 616

Norfolk 633

Plymouth 612

Worcester 621

Tax, state, apportioned and assessed 543

Taxation, portion of estate of Mary Hemenway exempt from .... 107

a commission to be appointed to revise the laws relating to . . . 646

Taxes, on collateral successions, law relative to, amended .... 71

Teachers' institutes, relative to 136

930 Index.

PAGE

Technology, the Massachusetts Institute of, relative to state scholarships in . 259
Templeton, town of, the Templeton Street Railway Company may operate its

railway iu 149

part of, set oft' and incorporated as the town of Baldwiuville . . . 205

Templeton Street Railway Company, incorporated 149

Terminal Company, the Boston, incorporated 520

Terminal facilities, of the New England Railroad Companj-, relative to . . 557

Tilton, David H., in favor of 650

Tisbury, town of, the Martha's Vineyard Street Railway Company may operate

its railway in 383

Tolman, James N., in favor of 645

Toole, Joseph F., in favor of 622

Topographical survey and map, commissioners on, providing for continuing

the work of 605

Towns :

Adams, may borrow money for water supply purposes .... 243

Agawam, protection of, against encroachments of Connecticut river . 640
Amherst, the Amherst and Sunderland Street Railway Company may

locate and operate its railway in 73

Andover, the Lowell and Suburban Street Railway Company may oper-
ate its railway in 88

Arlington, may lay out, etc., a system of public parks ... 74, 211

system of sewage disposal for 225

Ashfield, the Conway Electric Street Railway Company may operate its

railway in 83

Baldwiuville, incorporated ......... 205

Barnstable, may take land for a public landing place .... 194

the Barnstable County Street Railway Company may operate its rail-
way in 468

Barre, may appropriate money for the uses of the Barre Village Im-
provement Society 139

Belchertown, water supply for 486

Berkley, bridge over Taunton Great river, between Dighton and, to be

rebuilt 280

Billerica, the Reading and Lowell Street Railway Company may extend

its railway into 113

Blackstone, the Chestnut Street Meeting-House and Cemetery Associa-
tion in, incorporated 352

Bourne, highway and bridges to be constructed in 95

the Improvement Association of, may hold real estate for public pur-
poses 218

Boylston, included in the judicial district of the second district court

of eastern Worcester 188

to be paid for damages caused by the construction of the metropolitan

water system 394

Bradford, may be annexed to the city of Haverhill 299

Braintree, additional water loan for ....... 260

Index. 931

Towns — ConUnued.

Bridgewater, the Brockton Street Railway Company may extend its rail-
way into 308

the Taunton and Brockton Street Railway Company may operate its

railway in 495

state farm at, repairs, etc., at . . 638

in favor of certain veterans of G48

Brookline, may contract with city of Newton for disposal of sewage . 279
Buckland, the Shelburne Falls and Colrain Street Railway Company may

locate and operate its railway in 52

Carlisle, may unite with certain other towns in the employment of a

superintendent of schools 451

Chatham, the Eldredge Public Library in, incorporated .... 483
Chelmsford, may unite with certain other towns in the employment of

a superintendent of schools 451

Chilmark, commissioners on inland fisheries and game may lease Chil-

mark Pond in 54

to determine the boundary line between Gay Head and . . .137
the Martha's Vineyard Street Railway Company may operate its rail-
way in 383

Clinton, additional water loan for 116

Colrain, the Shelburne Falls and Colrain Street Railway Company may

locate and operate its railway in 62

Concord, election of library committees in 291

Cottage City, may appropriate money for certain public purposes . . 116
the Vineyard Grove Company may erect a hotel building, etc.,

in 251

the Martha's Vineyard Street Railway Company may operate its rail-
way in 383

Cummington, proceedings of town meeting confirmed .... 305
Dalton, the Pittsfield Electric Street Railway Company may operate its

railway in ............ 81

Dedham, alterations of grade crossings in 201

the West Roxbury and Roslindale Street Railv^ay Company may oper-
ate its railway in 287

Deerfield, the Conway Electric Street Railway Company may operate

its railway in 83

part of, annexed to Greenfield 296

Dightou, bridge over Taunton Great river, between Berkley and, to be

rebuilt 280

Douglas, sale of certain meeting house and grounds in . . . . 274
Dunstable, the Lowell and Suburban Street Railway Company may

operate its railway in 88

may unite with certain other towns in the employment of a superin-
tendent of schools 451

Duxbury, to be furnished with copies of decisions of supreme judicial

court 609

932 Index.

PAGE

Towns — Contimied.

East Bridgewater, the Brockton Street Railway Company may extend

its railway into 308

East Longmeadow, to confirm certain proceedings of . . . . 557
Easton, the Brockton Street Railway Company may extend its tracks

into 308

the. Taunton and Brockton Street Railway Company may operate

its railway in 495

Edgartown, the Proprietors of the New Mattakessett Creeks granted

certain rights in Great Pond in 79

the Martha's Vineyard Street Railway Company may operate its rail-
way in 383

may borrow money to meet expense of improvements to county court

house 542

Essex, proceedings of certain town officers legalized .... 287

Fairhaven, may lay out a way over tide water 501

Falmouth, highway and bridges to be constructed in .... 97

may construct and maintain certain bridges 108

may appropriate money to construct and maintain a breakwater . 108
the Barnstable County Street Railway Company may operate its rail-
way in ............ . 455

Gardner, the Gardner Syndicate Corporation incorporated in . . 93

the Templeton Street Railway Company may operate its railway in . 149

the Gardner Music Hall in, incorporated 502

the Gardner Home for Elderly People, incorporated in ... 62

Gay Head, to determine the boundary line between Chilmark and . . 137

Greenfield, part of Deerfleld annexed to 296

Hadley, the Amherst and Sunderland Street Railway Company may

locate and operate its railway in 73

Hamilton, boundary line between Ipswich and 502

Hardwick, may pay a certain sum of money to administrator of estate

of John J. Wilson .......... 70

Holden, water supply for 130

Huntington, proceedings of town meeting legalized .... 353

Hyde Park, alterations of grade crossings in 201

system of sewage disposal for 234

the Hyde Park Trust Company incorporated in 452

Ipswich, additional water loan for 293

boundary line between Hamilton and 502

Lakeville, the Middleborough and Lakeville Street Railway Company

may construct its railway in . . . . . . . .111

Lancaster, the Clinton Street Railway Company may operate its rail-
way in 310

Lee, the Stockbridge Water Company may supply water to . . . 109

Leominster, may borrow money for water supply purposes . . .145

the Clinton Street Railway Company may operate its railway in . 310

may take land for school purposes ....... 356

Index. 933

PAGE

Towns — Continued.

Lexington, may refund a portion of its debt 113

may contract witli Arlington for the use of its sewer system . . 231
Longmeadow, tlie Enfield and Longmeadow Electric Kailway Company

may extend its railway through 473

Marshfleld, restoration of Green Harbor in 493

Mashpee, the Barnstable County Street Railway Company may operate

its railway in 455

Melrose, remains of the dead may be removed from the old burial

ground in 60

may borrow money for sewerage purposes 66

in favor of certain veterans of 648

Middleborough, the Middleborough and Lakeville Street Railway Com-
pany may construct its railway in ...... . Ill

Milton, proceedings at special town meeting confirmed .... 45

Montague, water supply for the village of Millers Falls in . . . 101
Nantucket, the First Congregational Church in, may sell and convey its

lands 272

Natick, may refund a portion of its debt 40

may borrow money for sewerage purposes 245

North Attleborough, the Manufacturers' Agricultural Society in, incor-
porated, etc. 205, 635

Northborough, proceedings of town meeting legalized .... 304
the Marlborough and Westborough Street Railway Company may

operate its railway in 381

Norwell, the Hanover Street Railway Company may extend its tracks

into 337

Orange, in favor of 625

Paxton, proceedings of the First Congregational Church of, legalized . 91

Peabody, First Unitarian Church in, may enlarge its membership, etc. . 59

may sell a portion of its public park 288

extending the time for making report on sewage disposal of . . 627
The First Universalist Parish of, name established .... 474
Pepperell, the Lowell and Suburban Street Railway Company may oper-
ate its railway in 88

Peru, in aid of the public library of 607

Plainfleld, certain proceedings of, legalized 448

Princeton, proceedings of town meeting legalized ..... 557

Randolph, may make an additional water loan 306

the Central Cemetery Association of, maj' hold additional estate . 540
Raynham, the Taunton and Brockton Street Railway Company may

operate its railway in 495

Reading, the Reading and Lowell Street Railway Company may extend

its railway into 113

Revere, may elect a board of survey 369

Rutland, land may be taken in, by the trustees of the Massachusetts

hospital for consumptives, etc. ........ 80

934 Index.

PAGB

Towns — Continued.

Salisbury, bridge over the Merrimac river between the city of Newbary-

port and, to be rebuilt 479

Sharon, additional water loan for 471

Shelburne, the Shelburne Falls and Colrain Street Railway Company

may locate and operate its railway in 52

Shirley, proceedings of town meeting confirmed, 284

Shrewsbury, fishing through the ice in Abbott's pond in, prohibited . 204
Southborough, the Marlborough and Westborough Street Railway Com-
pany may operate its railway in 381

Stoneham, may refund certain taxes 46

may borrow money for sewer purposes I53

in favor of certain veterans of • GoO

Stoughton, certain proceedings of, confirmed 482

Sturbridge, public library building to be erected in 164

Sunderland, the Amherst and Sunderland Street Railway Company may

locate and operate its railway in 73

Swampscott, park commissioners of, may erect certain structures for

boating purposes, etc. 60

Templeton, the Templeton Street Railway Company may operate its

railway in 149

part of, set ofl" and incorporated as the town of Baldwinville . . 205
Tisbury, the Martha's Vineyard Street Railway Company may operate

its railway in 383

Wakefield, system of sewage disposal for 255

portion of, included in the metropolitan sewerage district . . . 362

Walpole, water loan for 78

proceedings of town meeting legalized 304

Wayland, may refund a portion of its water fund bonds . . . 127

Webster, fishing in certain waters in, restricted 72

West Boylston, to be paid for damages caused by the construction of

the metropolitan water system 394

compensation of employees in, for loss of employment on account of

construction of the metropolitan water system 444

West Bridgewater, the Brockton Street Railway Company may extend

its railway into 308

the Taunton and Brockton Street Railway Company may operate its

railway in 495

West Springfield, and the city of Springfield may unite . . . .169
West Tisbury, the Martha's Vineyard Street Railway Company may

operate its railway in 383

Westborough, the Marlborough and Westborough Street Railway Com-
pany may operate its railway in 381

Westfield, in favor of 609

Weston, water supply for 157

Whitman, extending provisions of act providing an additional water

supply for 275

Index. 935

Towns — Concluded.

Wilmington, the Reading and Lowell Street Railway Company may ex-
tend its railway into 113

Towns, bequests to, not subject to taxation under law relative to taxes on

collateral legacies, etc ". . 71

may appropriate money for celebration of the Fourth of July . . 107

may elect tree wardens 138

may appropriate money to meet expense of dedicating soldiers' monuments 242

school committees in, number of members may be changed . . . 267

may appropriate money to pay for marking spots of historic interest . 475

for aiding certain, in the construction, etc., of better roads . . . 514

granting of licenses for the sale of intoxicating liquor in certain . . 417

small, salaries of school teachers in 358

law relative to issue of notes, bonds, etc., by, amended .... 214

may appropriate money for memorial observances in honor of firemen . 447

may use the McTammany voting machine 496

employment of veterans in the public service of 534

Tramps, relative to ........... . 335

Transfers, of the insane ........... 478

Traversing machinery, placing of, in cotton factories . . . . .281

Treasurer and receiver general, to receive from cities and towns money appro-
priated for support of practice and model schools .... 91

additional copies of report of, to be printed . . . . . .138

clerical assistance in the office of 274

office hours in department of 539

authorized to borrow money in anticipation of revenue .... 599

may expend a certain sum of money in repairing weights, measures, etc. 626

Treasurers, of manufacturing, etc., corporations, bonds of .... 282

of savings banks, etc., relative to bonds of 293

of various counties, to be reimbursed for travelling expenses . . 127

Tree wardens, election of, in towns * . . 138

Trees, shade, preservation of . . 138

Tremont and Suffolk Mills, may increase capital stock, etc 60

Trial lists, of cases in the superior court, relative to 353

Trials before inferior courts, law relative to, amended 164

Truancy, school attendance and, the board of education to report a plan for

regulating 640

Truant school, the county of Berkshire exempt from establishing . . . 292

Trust companies, safe deposit, loan and, relative to . . . . . . 376

Trust Company, Hyde Park, incorporated 451

Maiden, incorporated 450

People's, incorporated . . . 481

Trustees, of the Massachusetts hospital for consumptives and tubercular

patients, board of, may take land in Rutland for hospital purposes 80
of the Peabody Museum of American Archfeology and Ethnology, prop-
erty of, may be transferred to the President and Fellows of Harvard

College 139

936 Index.

PAGE

Trustees, of the Soldiers' Home, in favor of 604

of the St. John's Society of the Methodist Episcopal Church of Boston,

acts legalized ........... 115

of Tufts College, may hold real estate in Boston 100

of Worcester Academy in Worcester, name changed to Worcester

Academy 99

Tuberculin, to restrict the use of •• . . . 219

Tucker, Lewis R., justice of the peace, acts legalized 599

Tufts College, may hold real estate in the city of Boston 100

Turners Falls Fire District, provisions aflFecting 103

u.

Union Society, of Worcester, may unite with the Salem Street Society of said

city 276

Union station, for railroads, in the southerly part of Boston, to provide for . 520

Unitarian Church, First, in Peabody, may enlarge its membership, etc. . . 59
United Electric Light Company, in Springfield, may do business in adjoining

cities and towns, etc 336

Universalist Society of Dauvers, The Second, name changed to the First Uni-

versalist Parish of Peabody 474

Universalists, the Second Society of, in the Town of Boston, relative to the

title of, in certain property 64

y.

Vacancies, in the ofiice of mayor, relative to 332

Ventilation of railroad and street railway cars, to provide for an investigation of 643
Vermont and New Hampshire, boundary line between Massachusetts and, pay-
ment of expenses of establishing 644

Vessels, liens on, law relative to, amended 355

relative to larceny committed on 337

Veterans, may be given preference in employment in cities .... 444

employment of, in the public service 534

of the town of Bridgewater, in favor of 648

of the town of Melrose, in favor of 648

of the town of Stoneham, in favor of 650

Vicksburg, resolutions relative to the establishment of a national military

park at 658

Vineyard Grove Company, certain proceedings of, confirmed, etc. . . . 251

Volunteer militia, relative to the naval brigade of 133

relative to service medals in 283

discharges from 377

Voters, registration of, to better define the days of 48

law relative to, amended 457

in the city of Boston 294, 585

Index. 937

PAGE

Votes or decisions, of county commissioners, record of, to be kept . . . 335

Voting lists, etc., law relative to, amended 457

preparation of, in the city of Boston 542

Voting machine, the McTammany, cities and towns may use .... 496

Voting precincts, division of cities into 191

w.

Wages, weekly payment of, law relating to, amended 188

by contractors, relative to ... 277

Wakefield, town of, system of sewage disposal for 255

portion of, included in metropolitan sewerage district . . . • . 362

Walpole, town of, water loan for 78

proceedings of town meeting legalized 304

Waltham, city of, may take land for a water park 156

erection of new buildings for the Massachusetts School for Feeble-
minded at 634

Walton, Nathan M., in favor of 650

War records, in adjutant general's olHce, completion of index to, etc. . . 605

Ward, William O., in favor of 650

Ward committees, caucuses and, relative to . 72

Washburn, Jason D., in favor of . 650

Water Company :

Belchertown incorporated 486

Stockbridge, may supply water to the town of Lee 109

Weston, incorporated 157

Water Loan :

Adams Fire District 243

Belchertown 490

Braintree 260

Chicopee 58

Clinton 116

Holden 131

Holyoke 374

Ipswich 293

Leominster .... ........ 145

Lexington 113

Marlborough 476

Millers Falls Water Supply District 104

North Adams 146

Pittsfleld 77, 220

Randolph 306

Sharon , 471

Walpole 78

Wayland , 127

Weston . . 161

Worcester 147

938 Index.

PAGE

Water park, the city of Waltham may take certaia lands for a . . .156

Water Supply :

Adams Fire District 243

Greenfield, Fire District Number One of 224

Haverhill 385

Holden 130

Holyoke . ............ 373

Lawrence 242

Leominster 145

Millers Falls, village of, in the town of Montague 101

North Adams 146

Pittsflekl 77, 221

reformatory prison for women, the . . . . . . . . 219

Whitman 275

Water supply, relative to pollution of sources of 196

Water Supply District, the Millers Falls, incorporated 101

Wayland, town of, may refund portion of its water fund bonds . . . 127

Webster, town of, fishing in certain waters in, restricted 72

Weekly payment of wages, law relating to, amended 188

by contractors, relative to 277

Weights, measures and balances, relative to 626

Welch, Harry W., in favor of 625

West Boylston, town of, to be paid for damages caused by the construction of

the metropolitan water system 394

compensation to employees in, for loss of employment on account of

construction of the metropolitan water system .... 444

West Bridgewater, town of, the Brockton Street Railway Company may ex-
tend its railway into .......... 308

the Taunton and Brockton Street Railway Company may operate its

railway in ........... . 495

West Roxbury and Roslindale Street Railway Company may extend its railway 287

West Springfield, town of, and the city of Springfield may unite . . . 169
West Tisbury, town of, the Martha's Vineyard Street Railway Company may

operate its railway in 383

Westborough, town of, the Marlborough and Westborough Street Railway

Company may operate its railway in 381

Westborough insane hospital, repairs and improvements at ... . 632

Western Islanders, relative to immigration of, into Barnstable county . . 619

Westfield, town of, in favor of 609

Weston, town of, water supply for ......... 157

Weston Water Company, incorporated ........ 157

Whitman, town of, extending provisions of act providing additional water

supply for 3175

Whitney, Edward H., in favor of 649

Wilber, Charles H., in favor of 648

Wilmington, town of, the Reading and Lowell Street Railway Company may

extend its railway into . . . . . . . . .113

Index. 939

PAGK

Wilson, John J., town of Hardwick may pay a certain sura of money to the

administrator of estate of 70

Woman's Board of Missions, the Springfield Branch of, incorporated . . 188

Women, appointment of, as special commissioners 475

may be appointed assistant clerks of court, pro tempore, in certain cases 335

reformatory prison for, water supply for 219

sentences to 255

removals from ........... 266

repairs at 640

Woodbury, John A., resolution concerning 661

Woonsocket Electric Power and Machine Company, law granting certain

rights to, repealed 336

Worcester, city of, additional water loan for ....... 147

fishing through the ice in Abbott's pond in, prohibited .... 204

the Union Society and the Salem Street Society of said city may unite . 276

sewer assessment on property of the Commonwealth in . . . . 635

Worcester Academy, in Worcester, Trustees of, name changed ... 99

Worcester county, treasurer of, to be reimbursed for travelling expenses . 127

additional accommodations for the courts of . . . . . . 284

may appropriate money to defray portion of cost of a statue to Charles

Devens 503

tax granted for ............ 621

Wopcester Collateral Loan Association, incorporated 248

Worcester Consolidated Street Railway Company, may lease the property,
etc., of the Worcester and Shrewsbury street railway and the

Worcester and Shrewsbury railroad 513

Worcester Masonic Charity and Educational Association, incorporated . . 186
Worcester normal school, to provide for completing and furnishing the gym-
nasium at 621

Worcester Polytechnic Institute, state scholarships established in . . . 358

Worcester Real Estate Association, incorporated 379

Worcester and Shrewsbury Railroad Company, property, etc., of, may be

leased to the Worcester Consolidated Street Railway Company . 513
Worcester and Shrewsbury Street Railway Company, property, etc., of, may

be leased to the Worcester Consolidated Street Railway Company . 513

Wyman, William, in favor of . . 649

Y.

Young, George W., in favor of .......... 650