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tives^ in General Court assembled^ and by the authority of
the same^ as follows :

Salary of clerk. Sect. 1. The clcrk of thc policc court of the city of
Worcester shall receive a sum not exceeding seven hundred
dollars per annum, for his services as clerk.

Salary of clerk ^ECT. 2. In casc of the sickucss or absence of the stand-

prot«*ni. jj^g clerk, the clerk pro tempore, appointed by the justice of

said police court, shall* be allowed and paid a pro rata com-
pensation for his services. ♦

Duty of clerk. Sect. 3. It shall bc the duty of the clerk to attend every
court held by the justices of the police court, or either of
them, and to record all proceedings therein had, and to make
out all warrants and processes which the said justices, or
either of them, may order.

Partial repeal. Sect. 4. So much of the fourth scctiou of the act passed
in the year one thousand eight hundred and fifty-one, chap-
ter two hundred and sixty-eight, as relates to the compen-
sation of the clerk of the police court of Worcester, is
hereby repealed.

Sect. 6. This act shall take eflfect from and after its pas-
sage. [Approved by the Governor, May 16, 1856.]

Chap. 1 73 An Act concerning the Election of Clerks of Courts and other County Officers.

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

SSSSTofli^?*" Sect. 1. At the annual election in November, in the
^^7 ' year one thousand eight hundred and fifty-six, and at the
annual election in November of every third year thereafter,
the legal voters of the several cities and towns in each
county shall choose, by ballot, the commissioners of insolv-
ency, sheriffs, and registers of probate for the several coun-
ties ; they shall also choose, in the same manner, the district-



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1856.— Chaptee 173. 99

attorneys in their several districts, for the administration of
criminal law; and also the Commonwealth's attorney for
the county of Suffolk, who shall severally hold their respec-
tive offices according to the provisions of this act, herein-
after set forth.

Sect. 2. At the annual election in November, in the Jj!^^J^o'ci«rk»
year one thousand eight himdred and fifty-six, and at the ** ~
annual election in November of every fifth year thereafter,
the legal voters of the several cities and towns in each
county, excepting in the county of Suffolk, shall choose by
ballot for their respective counties, a clerk, who shall act as
clerk of the supreme judicial court, and the court of com-
mon pleas, within and for the county for which he shall be
chosen ; and at the same time the legal voters of the county
of Suffolk shall choose by ballot for said county of Sufi*olk,
a clerk of the supreme judicial court, a clerk of the supe-
rior court, and a clerk of the municipal court of said county.

Sect. 3. At said elections the votes shall be sorted ^^^Y?^^^^^^
counted by the selectmen of the towns, and by the wardens dwiaSTtion ' *°
and ward clerks of the cities, in open town and ward meet- "***** ^^'
ings, and public declaration made thereof at such meetings.
The names of all persons voted for, and the number of votes
received by each person, and the title of the office for which
he is proposed, shall be entered by the town clerks in the
town records, and by the ward clerks in the ward records,
in words at length ; and the said ward clerks shall, forth-
with, deliver to the city clerks certified copies of such
records, who shall forthwith enter the same in the city
records. The said town and city clerks shall, within ten Tob© returned to
days from the day of said election, transmit, under seal, J!^'^^t?i?ten
atte&tod copies of the records so by them made, to the secre- ^*^-
tajy of the Commonwealth, and the secretary shall lay the
said returns before the governor and council.

Sect. 4. The governor and council shall receive and ex- Governor and
amine such returns ; Jmd if, upon such examination, it shall Screuiraii,
appear that any persoii qualified for the office for which he *^*''
was proposed, has bee i legally elected thereto, the governor
shall forth witli transmit to the person chosen, a certiQcate of
such choice, signed by the governor, and countersigned by
the secretary of the Commonwealth ; but, in case of a fail-
ure to elect either of said officers, on the days in November
aforesaid, the governor shall, by proclamation, declare
such failure to elect, and order a new election ; and the
manner of the election, the return of the votes, and the
declaration of election, shall be such as are herein before



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100



1856.— Chapter 173.



Certain otAetn
to hold for thie*
jears.



Clorlu of ooorts
to hold fbr flre
yews.



Power of JuBtioes
of 8. J. Court to
remoTe certain
officers, &o.



Goremor and
council to fill
certain vacan-
cies.



Clerics of courts,
vacancies filled
bj Judges



specified: and the governor shall continue to order new
elections until a choice is effected.

Sect. 5. The commissioners of insolvency, sheriflFs, reg-
isters of probate, district-attorneys, and Commonwealth's
attorney for the county of Suffolk, elected under the provi-
sions of this act, shall hold their offices respectively for the
term of three years from the first Wednesday of January
next following said annual election in November, excepting
as hereinafter provided.

Sect. 6. The clerks of the courts, elected under the pro-
visions of this act, shall hold their offices, respectively, for
the term of five years from the first Wednesday of January
next following said annual election in November, excepting
as hereinafter provided.

Sect. 7. The justices of the supreme judicial court, or
a majority of them, shall have power to remove the clerks
of said court in any county, whenever, in their judgment,
the public good shall so require ; and on bill, petition, or
other proper process, said justices, or a majority of them,
shall have power to remove from office, any clerk of the
court of common pleas, or of the superior or municipal
courts of the county of Sufiblk, and any commissioner of
insolvency, sheriff, register of probate, and district-attorney,
or Commonwealth's attorney for the county of Suffolk, if
sufficient cause shall be shown therefor, and it shall appear
that the public good so requires ; and a summary hearing
may be had before said justices, or a majority of them, upon
said bill, petition, or other proper process, in term time or
vacation.

Sect. 8. In case a vacancy shall, from any cause, occur
in either of said offices of . commissioners of insolvency,
sheriffs, registers of probate, district-attorneys, or Common-
wealth's attorney in the county of Sufiblk, the governor,
with the advice and consent of his council, may appoint a
suitable pei'son to fill such office, who shall hold the same
imtil the annual election in November next thereafter, or
until another is chosen or appointed in his stead ; and at
said annual election thereafter, an election by ballot shall
be had to fill said office, for such unexpired term as may
exist, in the same manner as is herein before provided by
this act, for the election of said officers.

Sect. 9. In case a vacancy shall, from any cause, occur
in the office of any of the clerks of courts herein before
mentioned, the judges of the said several courts, or a major-
ity of the same, may appoint a suitable person to fill such
office, who shall hold the same imtil the ajuxual election in



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1856.— Chapter 174. 101

November next thereafter, or until another is chosen or
appointed in his stead; and at said annual election next
thereafter, an election by ballot shall bo had, to fiU said office
for such unexpired term as may exist, in the same m inner as is
herein before provided for the election of said clerks.

Sect. 10. All laws in force, in relation to the duties of Duty of town and
town and city officers and voters, in the election of p;overnor,^JJ«oMr&c/"
senators and representatives of this Commonwealth, shall,
as far as the same may be applicable, apply and be in force
in regard to meetings and elections to be held, and the
returns to be made under the provisions of this act, respect-
ing the choice of commissioners of insolvency, sheriffs, reg-
isters of probate, district-attorneys, the Commonwealth's
attorney for the county of SuflFolk, and the clerks of the
several courts ; and the like penalties shall be incurred for
a violation thereof. [Approved by the Governor^ May IG,
1856.]



An Act in addition to an Act concerning Mortgages of Personal Property. Chcip, 1 74

Be it enacted by the Senate and House of Representa-
tives, in General Court assembled, and by the atithority of
the same, as follotos :

In all mortgages of personal property, when the mortgagor ?roceoding8 in
shall have removed beyond the limits of this Commonwealth, mJ^^'^f ^r-
and there shall be no attorney, assignee, or other legal repre-""** property-
sentative of the mortgagor, and no person in possession of
the mortgaged property, claiming the same, known to the
mortgagee, upon whom notice of intention to foreclose can
be served under the provisions of the seventy-second chapter
of the acts of the year eighteen hundred and forty-three, the
notice therein provided may be given by a publication of the
notice of foreclosure at least once a week, for three several
weeks, the first publication to be not less than sixty days
previous to the foreclosure, and the last within one week of
the time appointed therefor ; the said publication to be made ^^^^^l^ ^ *^®
in one of the principal newspapers of the cities or towns
where, by law, the said notice is to be recorded ; and if there
be no paper published in such cities or towns, then in one of
the principal newspapers in the county or counties where
such property is situated ; and to be also recorded in the
city or town clerk's office, as provided in said statute. [Ap-
proved by the Governor, May 21, 1856.]



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102 1856.— Chaptess 175, 176.

Chap, 175 Ajt AcrmadditioatoMi ActtDMCBrpor ate tfaePWprietooof tfaeCityHotd,

m Worcester.

Be it enacted by the Senate and House of Representa-
tires, in Generat Comrt assembled^ and by the authority of
the samey asfoUours:

Sect. 1. The last proviso in the first section of the three
hondred and forty-first chapter of the acts passed in the year
one thousand eight hundred and fifty-three, which proviso
begins with the words " and provided, further," and contin-
ues through said first section, is hereby repealed.

Sect. 2. The said corporation may hold real and pe^

2^d8ieo^.*'' sonal estate to an amount not exceeding one hundred and
sixty thousand dollars.

nuttdmccd. Sect. 3. The said corporation is hereby authorized to
change its name, and take the name of the *•' Proprietors of
the Bay State House."

iciMModsd. Sect. 4. The first section of chapter four himdred and
seventeen, of the acts passed in the year one thousand eight
hundred and fifty-five, is hereby amended so that the word
" fortieth," in tha first line, shall read " forty-first." \_Ap-
proved by the Governor, May 21, 1856.]

Chap, 176 "^ ^^ ^ ^^ Pieserradon of Fish in Boxzard's Baj, within the Towns of
^* Sandwich and Wareham.

Be it enacted by the Senate and House of Representa-
tives j in General Court assembled, and by the authority of
the same^ as follows :

Seine fiihfaig Urn- Sect. 1. No pcrsou shall sct, draw, or stretch, any seine
or net, for the purpose of taking any fish, except blue fish,
in the bays, harbors, ponds, rivers, or creeks, of the waters
of Buzzard's Bay, within one mile from the shore, and within
the jurisdiction of the towns of Sandwich and Wareham.

spedaj limit from Sect. 2. From the first day of April until the first day of
*^ ^' July, inclusive, it shall be unlawful for any person to take
more than one hundred pounds per week, of lobster, tautog,
bass, or scuppaug, within tlie waters aforesaid.

PenaUffoTTi- Sect. 3. Any person violating the provisions of this act,

oiatiDg,&c. ^^ either of them, shall be subject to a penalty }f not more
than fifty dollars ; one-half to the complainant, and remain-
der to the towns in whose jurisdiction the ofience was com-
mitted.

HowwcoTwed. Sect. 4. The penalties above provided for, may be sued
for and recovered in an action of contract, or an action of
tort, in any court proper to' try the same, upon complaint of
the selectmen, or any legal^voter of the^towns of Sandwich
or Wareham.



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1856.— Chaptbes 177, 178, 179. 103

Sect. 6. This act shall take effect from and after its
passage. lApproved by the Governor ^ May 24, 1856.]

An Act oonceming the Salary of the Register of Probate for the County of Chap. 177

Dukes County. ^*

Be it enacted by the Senate and House of Representor
tives^ in General Court assembled^ and by the authority of
the samCj as follows :

Sect. 1. The register of probate for the county of Dukes ^^l^ "*»*>-
County, shall receive for his services an annual salary of the
sum of two hundred and seventy-five dollars.

Sect. 2. Said salary shall commence on the first day of^'*^*"*''*'^^^-
July next, and be paid in equal quarterly payments, out of
the treasury of the Commonwealth, on the first days of
October, January, April and July, in every year.

Sect. 8. All acts and parts of acts, inconsistent with the inconabtent mib
provisions of this act, are hereby repealed. \_Approved fry"*****^*'
the Governor^ May 24, 1856.]

An Act in addition to an Act to incorporate the S. P. Ruggles Power Press ChdV. 178
Manufacturing Company.

Be it enacted by the Senate and House of Representa-
tives^ in General Court assembled^ and by the autlwrity of
the same^ as follows :

Sect. 1. The S. P. Ruggles Power Press Manufacturing Addiuonai
Company, in addition to its present powers, is hereby au- ^^'^'
thorized to manufacture printing presses, and other ma-
chinery, in the county of Norfolk.

Sect. 2. This act shall take efiect from and after its
passage. [^Approved by the Governor, May 24, 1856.]

Ajf Act to repeal chapter two hundred and eighty- three of the Statutes of the Chup, 179
year eighteen hundred and finy-three. -^

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

Sect. 1. The two hundred and eighty-third chapter of ^c*"?*'^®*'
the statutes of the year eighteen hundred and fifty-three, is
hereby repealed.

Sect. 2. This act shall not affect any suits or complaints Not^to a«Mt
now pending. [Approved by Me Governor, May 24, lb66.J ^° ** '



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104



1856.— Chapter 180.



May extend rail-
ro«d.



Locntion.



Chap, 1 80 An Act to authorize the Hampshire and ELampden Railroad Corporatioii to

extend their Railroad.

Be it enacted by the Senate and House of Representa-
tives^ in General Court assembled^ and by the authority of
the same J as follows :

Sect. 1. The Hampshire and Hampden Railroad Corpo-
ration are hereby authorized to extend their railroad, within
two years from the passage of this act, from the crossing of
Pleasant Street, in the village of Northampton, in a north-
easterly direction, over the lands of tlic Connecticut River
Railroad Company, to tlie south end of a new passeu-
ger-house to be owned in common by the Hampshire and
Hampden Railroad Corporation and the Connecticut River
Railroad Company, on a line agreed upon by the said corpora-
tions, which lino begins near the crossing of Pleasant Street,
in the i)resent location of the said Hampshire and Hampden
Railroad Corporation, and ruiming thence north-easterly,
on a curve to the left, of four hundred and forty feet radius,
about seven hundred feet, to a point situated one hundred
and eighty-three feet northerly from the- north-west corner
of the present passenger-house of the Connecticut River
Railroad Company, and thirty-seven and one-half feet west-
erly from the centre of the main track of tlu? Connecticut
River Railroad, and thence northerly, parallel to the afore-
said main track, one hundred and eighty-one feet, to the
south end of the new passenger-house aforesaid. And the
Hampshire and Hampden Railroad Corporation are further
authorized to construct a branch track, leading southerljr
from the aforesaid extension track, to unite with a branch
track of the Connecticut River Railroad, between the freight
and passenger-houses of the last named company : provided y
hov)cver^ that the Hampshire and Hampden Railroad Corpo-
ration shall, before they commence the extension of their
railroad, authorized by this act, purchase the lot of land
known as the '' Strong Lot," and erect thereon and on the
adjoining lands of the Connecticut River Railroad Company,
the new passenger-house above mentioned, of dimensions
and style adapted to the requirements of the passenger busi-
ness of the two corporations, and shall pay to the Connecti-
cut River Railroad Company the cost of removing such of
their wood-sheds, car-houses, water fixtures, tracks and other
appurtenances, as it may ba|pme necessary to move in con-
sequence of the change in xlie location of their passenger-
house,
c. c. Pleas to Sect. 2. lu casc of disagreement between the two cor-
JioMn*iS"*SlJi porations above named, as to the necessity of the removal at



Branch track.



Provifo.



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1856.— Chapter 181. 105



the cost of the said Hampshire and Hampden Railroad Cor- of i
poration, as provided in the preceding section, of any of the **'
wood-sheds, car-houses, water-fixtures, tracks, or other ap-
purtenances of the Connecticut River Railroad Company, or
the cost of such work, or as to the dimensions and style of
the passenger-house to be erected, as aforesaid, or as to
what portions of the land occupied by the said corporations,
shall be held in severalty by each of said corporations, and
as to what portions of said land shall be held by the said
corporations in common ; or as to what amount or amounts
shall be paid, by either of the said corporations, to the other,
for any land, the property of one of said corporations, taken
by the other, under the authority conferred by this act, or
purchased by one of said corporations, for the use of both
of the said companies, the court of common pleas for the
county of Hampshire, or any judge of the same, may, upon
the petition of either of said corporations, name and appoint
three capable and disinterested persons as commissioners, to
determine the questions in dispute between the said corpo-
rations ; and either party, if dissatisfied with the decision of MtherpMtymaj
said commissioners, as to the amount to be paid by either Qf *pp^J^**'J°^-
said corporations, to the other, for any land or other prop-
erty of one of said corporations, taken by the other under
the authority conferred by this act, may apply for a jury to
assess the damages, in the manner provided in the thirty-
ninth chapter of the Revised Statutes.

Sect. 3. When the tracks authorized to be laid by the 2^n***JJ3J;
first section of this act, and described in said section, shall completed,
have been located and constructed, in accordance with the
provisions of this act, they shall be deemed and taken to be
a part of the Hampshire and Hampden Railroad, and shall
be protected by its charter, as fully as they would have been
if located and constructed within the time prescribed in said
charter; and the said charter is hereby ratified and con-
firmed, and declared to be in full force and eflFect, notwith-
standing the failure of the said corporation to complete their
road within the time prescribed in said charter. ^Approved
by the Oovemor, Map 24, 1866.]

Ax Act in addition to an Act coBoeming Agriooltural Societies which receive QJiQp^ 131
the Bounty of the State. ^*

Be it enacted by the Senate and House of Representor
tivesj in General Court assembled^ and by the authority of
the same J as follows :

Sect. 1. No incorporated agricultural society, receiving Award of premi-
the bounty of the State according to the provisions of chap- CToLrSi^MM.

14



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106 1856.— Chapter 182.

ter forty-two of the Revised Statutes, shall distribute any
part thereof to any person for any animal or article for
which a premium shall be awarded, unless such animal or
article shall be produced within the limits of such agricul-
tural society, or such animal has been owned and kept within
the limits of such society, by the person to whom such pre-
mium shall be awarded, for the term of three months, at
least, next preceding the award of such premium. And no
animal for which a premium shall be awarded to the owner,
by any incorporated agricultural society receiving the bounty
of the State, shall at any time thereafter, be considered a
subject for any further premium of such society, except it
be for qualities diflFerent from those for which the former
premium was awarded, or for a higher premium : provided^
however^ that nothing in this act shall affect, restrain or
limit a competitor for premiums offered by the Massachusetts
Society for the Promotion of Agriculture, to be awarded
within the incorporated county agricultural societies, but
such premiums shall be subject to tlie rules and regulations
to be prescribed by the trustees of said Massachusetts So-
ciety.
^^^ ^^ Sect. 2. No incorporated agricultural society receiving

Sot to*lwSwi the bounty of the State, which shall hereafter disregard the
bounty. prohibitions of this act, shall be entitled to receive any part

of said bounty for that year.
AotreiMAied. Sect. 3. Chapter two hundred and ninety-six of the acts

of the year one thousand eight hundred and fifty-five, enti-
tled an act concerning agricultural societies which receive
the bounty of the State, is hereby repealed. [Approved by
the Governor, May 24, 1856.]

Chap. 182 Aw Act concerning the Boston and Roxbury MOl Corporation.

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

Toiif MtabUiiMd. Sect. 1. The Boston and Roxbury Mill Corporation shall
have the right to demand and receive upon the- Western
Avenue, instead of the tolls heretofore established, the tolls
now by law established upon the bridges of the Hancock

ProTiM. Free Bridge Corporation : provided, that this act shall not

extend the time allowed by their present obligations to the
Commonwealth, or any other party.

When to take Sect. 2 This act shall not take efiect until it shall have

****• been accepted by sard corporation, at a meeting called for

that purpose. [Approved by the Governor, May 24, 1866.]



Sodetiee disro-
gardlog, &o.,



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1856.— Chaftees 183, 184. 107

Ak Act to anthoriM the First Congregational Pariah in West Cambridge to Chctp, 1 83

enclose their Land.

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

Sect. 1 The First Congregational Parish in the town of Mjynciow
West Cambridge are hereby authorized and empowered to '
enclose the land belonging to said parish, and to make such
change in the roads and ways by which said land is tra-
versed as they may think proper, and as shall be approved
by the selectmen, or a majority thereof, of said town : /?ro- ptotIso.
tided, that there shall be reserved to Nathan Robbins, his
heirs and assigns, a way two rods in width, upon and over
said land, and extending along the easterly line of his estate,
from Main Street to the wall of the burial ground ; he not
being authorized hereby to remove any shed now on said
way without the consent of the owner thereof.

Sect. 2. This act shall take effect from and after its
passage. {^Approved by the Governor, May 24, 1856.]

An Act in addition to an Act in relation to Law Library Associations. Chap. 184

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

The counsellors and attorneys at law, duly admitted to May organije
practice in the courts of this Commonwealth, resident inutJ^yaas^
either of the counties, who have omitted to organize a law ^**^®°*-
library association in their respective counties, are hereby
authorized to organize themselves in their counties respec-
tively, into an association, by the name of the Law Library
Association for such county, under the like provisions, and



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