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Acts and resolves passed by the General Court of Massachusetts online

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name of the voter ; and the assessors of taxes in cities
shall enter opposite the name of each resident male tax
payer in the list committed by them to the collectors of
taxes, the residence, giving the street and number if pos-
sible, and the same entry shall be made on the tax bills
distributed to such tax payers. The tax bills of persons Distribution of
assessed for a poll tax only, shall be distributed on or ***
before the fifteenth day of September of the year in which
the tax is assessed.

Section 2. In cities, registration of voters shall cease Registration to
at twelve o'clock midnight of the seventh day next pre- SilhtSfSUcnth
ceding the day of any election ; and no name shall there- eiectfoST^*"*^
after be entered on the voting lists of cities except as
provided in section ten of chapter three hundred and sev-
enty-six of the acts of the year eighteen hundred and
seventy-four.

Section 3. Section six of chapter sixty of the acts of ^stT^^jJ"?;'***
the year eighteen hundred and seventy-four is hereby
amended by striking out the word " twenty '* wherever it
occurs therein, and inserting in its place the word "twenty-
four." Approved May 16, 1877.



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632 1877.— Chapter 236.

Chap. 236 An Act concerning appeals in district, municipal and police

COURTS AND BEFORE TRIAL JUSTICES.

Be it enacted^ <fcc., as follows :
^?|i\z°*^th Section 1. No appeal from a judgment of a district,
iSSTproJl^iuto^'^ ™^"'^'P**^-^^ police court, or trial justice, ia any civil
hit appeal and RctioD or proceeding, except such as may be commenced
jndi^entfor uudcr chapter one hundred thirty-seven of the General
^■^* Statutes, shall be allowed, unless the appellant within

twenty-four hours after the entry of judgment shall recog-
nize to the adverse party with sufficient surety or sureties,
to be approved by the adverse party or by the judge or
clerk of the court or trial justice rendering the judgment,
in a reasonable sum to be fixed by the judge, clerk, or
trial justice aforesaid, or approved by the adverse party,
with condition to enter and prosecute his appeal with
eficct and to satisfy any judgment which may be entered
against him in the superior court upon said appeal for costs
ProTiM. within thirty days of the entry of such judgment : provided^

that the judge, clerk or trial justice aforesaid may for
cause shown extend the time for recognizing. In deter-
mining the sufficiency of the sureties upon such recogniz-
ance, the said judge, clerk or trial justice may examine
upon oath, to be administered by either of them, the
persons offered as sureties and all other witnesses produced
by either party, as to the sufficiency of said recognizance.
In civil actions before a district, municipal or police court,
or trial justice, if the plaintiff appeals from a judgment in
his favor, or if a defendant appeals from a judgment in his
favor upon a demand in set-off, and does not recover in
the court above a greater sum for debt or damages than
he recovered by the first judgment, he shall recover no
costs arising after the appeal, and shall pay the costs of
cVlnSolton ^^^ adverse party arising after the appeal. In the mu-
5ond to"be filed, uicipal courts of the city of Boston, instead of entering into
recognizance, the party appealing shall file a bond, with
surety or sureties, to the adverse party, within the same
time, upon the same conditions, and with the same powers
in the judge and clerk as are herein provided in respect to
recognizances in other couits.
belSSrSfhSi Section 2. Whenever the defendant in any case before
an^fferofjur. * ^istrict, municipal or police court, or trial justice, files
oaenu au offcT of judgment, under the provisions of section sixty-

two of chapter one hundred and twenty-nine of the General



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1877.— Ohapteb 237. 633

Statutes, and judgment is rendered thereon, such judgment
shall be final.

Section 3. Said courts shall not be required to collect fJ*}J5{^j;,^\
of the plaintiff the fee provided by law for trial of an issue, fl? for tnai?*^
Approved May 16, 1877.

An Act to amend the charter op the chapin BAKKiMa and Chap. 237

TRUST COMPANY OF SPRINGFIELD.

Be U enacted^ cfcc, (u follows :

Section 1. The Chapin Banking and Trust Company Maybe appoint-
of Springfield may be appointed trustee under any will or m in«trSment ^^
instrument creating a trust, for the care and management fo?*^eo*f prop-
of property, under the same circumstances, in the same ^^y-
manner, and subject to the same control by the court having
jurisdiction of the same, as in the case of a legally qualified
person. The capital stock of said corporation, with the cajitai stock
liabilities of the stockholders existing thereunder, shall be stockhoiden^'
field as security for the faithful discharge of the duties under- forfafthiSi^S?..
taken by virtue of this act, and no surety shall be required charge of duties.
upon the bonds filed by said corporation. In all proceedings
in the probate court or elsewhere connected with any author-
ity exercised under this act, all accounts, returns and other Accotwumay
papers may be signed and sworn to in behalf of the cor- anomcwoft^e
poration, by any oflScer thereof duly authorized by it, and ^'p®'*^®"*
the answers and examinations, under oath of such officer,
shall be received as the answers and examinations of the
corporation, and the court may order and compel any and
all officers of said corporation to answer and attend said
examinations in the same manner as if they were parties
to the proceedings or inquiry instead of the corporation :
provided, however^ that said corporation shall not be
required to receive or hold any property or moneys, or
to execute any trust contrary to its own desire.

Section 2. In the management of money and prop- To invest trott
erty held by it as trustee under the powers conferred in eraiiu°tfbndof
Uie foregoing section, said corporation shall invest the^®^"^*°^*
same in the general trust fund of the company : provided, ProvUoi.
that it shall be competent for the authority making the
appointment, to direct, upon the conferring of the s^me,
whether such money and property shall be held separately
or invested in the general trust fund of the company ; and
provided, also, that said corporation shall always be bound
to follow and be entirely governed by all directions
so



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634: 1877.— Chapters 238, 239.

contained in any will or instrument under which it
may act.
Propertyheidby SECTION 3. No moucy, property or securities received
be'^ingiied^rith or hcld by said company under the provisions of this act
iipuiirtiSt?' shall be mingled with the investments of the capital stock
or other moneys or property belonging to said corporation,
or be liable for the debts or obligations thereof.
S?d/tSwm! Section 4. The returns of said corporation required
miesioners^ to bc made to the commissioners 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 assets, in accord-
ance with a blank form to be furnished by said commis-
sioners. And these returns shall be published iu a news-
paper of the city of Springfield at the expense of said
corporation, and in the annual report of said commis-
sioners.
subjecttoM- Section 5. This act shall take effect upon its acoept-
cSfp^raUoiL ance by said corporation, which acceptance, with the date
thereof, shall within ten days thereafter be certified by the
president to the secretary of the Commonwealth.

Approved May 16, 1877.

Chap. 238 An Act to amend an act, entitled ** an act to authorize thb
county commissioners of the county of franklin to borrow

MONEY for the PURPOSE OF PAYING SUCH COSTS AND EXPENSES AS
SAID COUNTY MAY BE REQUIRED TO PAY, UNDER THE PROVISIONS OF
AN ACT RELATING TO SUNDERLAND BRIDGE.^

Be it enacledy <fcc., as follows :
coDnty of Chapter one hundred and forty-five of the acts of the

Franklin may .,, 1111 1 i*maaj.

borrow money, year eighteen hundred and seventy-seven, being " An Act
1^7, 146. ^^ authorize the county commissioners of the county of

Franklin to borrow money for the purpose of paying such
costs and expenses as said county may be required to pay
under the provisions of an act relating to Sunderland
Bridge," and approved the twentieth day of April in the
year eighteen hundred and seventy-seven, is hereby amend-
ed in line three, by striking out the word ''two," and insert-
ing in place thereof, the word "thirteen."

Approved May 16, 1877.

Chap, 239 An Act to amend the charter of the new England trust

COMPANY.

Be it enacted t <£c., as follows :

^nLr\^]T Section 1. The New England Trust Company may be
atrumentcreit. appointed trustcc uudcr any will or instrument creating a



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1877.— Chapter 239. . 635

trust, for the care and management of property, under the ingatruBtfor
same circumstances, in the same manner, and subject to *^^** property,
the same control by the court having jurisdiction of the
same, as in the case of a legally qualified person.

The capital stock of said corporation, with the liabilities security for
of the stockholders existing thereunder, shall be held as cbu-g^ of duties,
security for the faithful discharge of the duties undertaken
by virtue of this act, and no surety shall be required upon
the bonds filed by said corporation. In all proceedings in
the probate court or elsewhere connected with any authority
exercised under this act, all accounts, returns and other Accounts may
papers may be signed and sworn to in behalf of the cor- aS oXTr^f^ie
poration, by any officer thereof duly authorized by it ; and corporauon.
the answers and examinations, under oath of such officer,
shall be received as the answers and examinations of the
corporation, and the court may order and compel any and
all officers of said corporation to answer and attend said
examinations in the same manner as if they were parties
to the proceedings or inquiry instead of the corporation :
provided^ however^ that said corporation shall not be re-
quired to receive or hold any property or moneys or to
execute any trust contrary to its own desire.

Section 2. In the management of money and property, to invest trust
held by it as trustee under the powers conferred in the SaUru"tfu/dof
foregoing section, said corporation shall invest the same the company,
in the general trust fuqd of the company : provided^ that provisos.
it shall be competent for the authority making the appoint-
ment, to direct, upon the conferring of the same, whether
such money and property shall be held separately or
invested in the general trust fund of the company ; and
provided^ also, that said corporation shall always be bound
to follow, and be entirely governed by all directions con-
tained in any will or instrument under which it may act.

Section 3. No money, property or securities received Propertyhewby

lilt •■• 1^1 .. i* i^t^' ^ company not to

or held by said company under the provisions or this act be mingled with
shall be mingled with the investments of the capital stock, J^p^uostock?
or other moneys or property belonging to said corporation,
or be liable for the debts or obligations thereof.
Section 4. The returns of said corporation required Retnmstobe

A-i i^^i •• ^ .»! 1111 made to com.

to be made to the commissioners of savings banks shall be miMioneraof
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 amount of each kind, in accord-
ance with a blank form to be furnished by said commission-



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1

J



636



1877.— Chaptbes 240, 241.



Subject to ac-
ceptanco by
corporation.



Chap



Amendment to
1877, 177.



era. And these returns shall be published in a newspaper
of the city of Boston at the expense of said corporation,
and in the annual report of said commissioners.

Section 5. This act shall take effect upon its accept-
ance by said corporation, which acceptance, with the date
thereof, shall within ten days thereafter be certified by the
president of the corporation to the secretary of the Com-
monwealth. Approved May 16, 1877.

• 240 An Act to amend an act of the present year relatdtb to costs

IN actions under the TRUafTEE PROCESS.

Be it enacted^ <fcc., as follows :

Section 1. Section two of an act relative to costs in
actions under the trustee process, approved May fourth,
eighteen hundred and seventy-seven, is hereby amended
by striking out the words "or before any justice of the
peace or trial justice"; and said section two shall not be
construed to alter or repeal section two of chapter three
hundred and thirty of the acts of the year
hundred and seventy.

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

Approved May 16, 1877.



eighteen



Chap, 241 An Act in ADDrrioN to " an act making appropriations to meet

CERTAIN EXPENDITURES AUTHORIZED THE PRESENT YEAR, AND FOB
OTHER PURPOSES."

Be it enacted, dtc., as follows :
Appropriation*. 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
specified in certain acts and resolves of the present year,
and for other purposes, to wit : —

In the act, chapter one hundred and twenty, relating to
returns from county and city prisons, a sum not exceeding
eight hundred and fifty dollars.

In the act, chapter one hundred and forty-eight, to fix
the salary of the clerk of the police court of Newbury-
port, the sum of two hundred dollars.

In the act, chapter one hundred and eighty-three, relat-
ing to the temporary aid of state paupers by cities and
towns, a sum not exceeding twenty thousand dollars.

In the act, chapter one hundred and eighty-eight, fixing
the salary of the justice of the second district court of
Bristol, the sum of five hundred dollars.



Returns from
priaoni.



Clerk of police
court of Wew-
buryport.



Aid to state
paupers.



Justice second
district court of
Bristol.



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1877.— Chapter 241. 637

Any sums of money received under the provisions of ^J"^*^*^^""'
chapter one hundred and sixty-one of the acts of the pres-
ent year, shall be paid into the treasury of the Common-
wealth ; and said sums are hereby appropriated to be used
in accordance with the provisions of said act.

In the act, chapter one hundred and ninety-five, estab- Advi«)ry board
lishing an advisory board of women for sundry institutions, ^' ^^™*'°-
a sum not exceeding five hundred dollars.

In the act, chapter two hundred, abolishino^ the office of Medical ex.
coroner, and providing for medical examinations and in- andinqaesu.
quests in cases of death from violence, a sum not exceed-
ing one thousand dollars.

In the act, chapter two hundred and three, fixing the ^^f^^^^^'
salary of the clerk of the insurance commissioner, a sum siouer. .
not exceeding two hundred dollars.

In the act, chapter two hundred and eight, to provide Begistewof
for keeping registers of voters in towns, a sum not ^^
exceeding seven hundred and fifty dollars.

In the act, chapter two hundred and twelve, providing a cierk of poiio«
clerk for the police court in Gloucester, a sum not exceed- oiouciSter.
ing five hundred and fifty dollars.

In the act, chapter two hundred and thirteen, to estab- ^^^;^^**°<^
lish boards of harbor and land commissioners, the balances ^™ °°^"*
of the appropriations heretofore made for similar commis-
sioners shall be held applicable.

In the act, authoriziuff appeals from decisions of the tax Appeals from

. . . 1 !.• ^. Ii_ J. .* i» • dedsiona of tax

commissioner in relation to the taxation of insurance com- commiaaioQer.
panies, a sum not exceeding three hundred dollars.

In the resolve, chapter forty-nine, in favor of Patrick Patrick Mihan.
Mihan, the sum of seven hundred twenty-eight dollars and
seventy-six cents.

In the resolve, chapter fifty, in favor of Samuel Hilman, samuei miman.
the sum of one hundred and twenty-five dollars.

In the resolve, chapter fifty-one, relating to the celebra- centennial

anniversttrv

tion of the centennial anniversary of the battle of Ben- of the battle of
nington, and in aid of erecting a monument in commemo- ^®°'**°»^^
ration of the same, a sum not exceeding two thousand five
hundred dollars to defray expenses of the legislative visit
thereto.

In the resolve, chapter fifty-three, in favor of companies ^^f^^^'^^^^
A and D, first battalion of cavalry, Massachusetts volun- tauoncovairy,
teer militia, a sum not exceeding four hundred and eighty- ^' ^' ^*
seven dollars.



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638



1877.— Chapter 241.



Indeiing state
archives.



Rents of ar- In the resolve, chapter iSfty-four, reimbursing sundry

""^ *** cities and towns for payments made on account of rent of

ai-mories, a sum not exceeding nine thousaiid six hundred
eighty-eight dollars and ninety-four cents.

In the resolve, chapter fifty-seven, relating to the index-
ing of the state archives, a sum not exceeding two thou^
sand doll|irs,

Pubuc chariues. In the resolve, chapter fifty -nine, authorizing the
appointment of a commission to inquire into the expe-
diency of revising the system of administration of the
public charities, a sum not exceeding one thousand five
hundred dollars.
BaperviHion In the rcsojvc, chapter sixty, providing for the super-

o 8 8 cs. yision of statistics, a sum not exceeding five hundred
dollars.



Boandarles
of state prison
lands.



Catalogue of
state library.



Northampton
lunatic bospitaL



ikgent of board
of stale charities.



Transportation
of state paupers.



Expenses of
oases of settle-
ment, etc.



Massachusetts
Infant Asylum.



MISCELLANEOUS.

For costs and legal expenses incurred under the act to
provide for establishing the boundary lines of the state
prison lands, approved May fifteenth, eighteen hundred
and seventy-one, a sum not exceeding one thousand five
hundred dollars.

For preparing a catalogue of the state library, a sum
not exceeding six hundred dollars, which may be allowed
and paid.

For the redemption of the Northampton lunatic hos-
pital loan, a sum not exceeding thirty-one thousand
dollars. '

For expenses of the agent of the board of state charities,
a sum not exceeding five hundred dollars, to be in addition
to the appropriation heretofore made for the present
year.

For the transportation of lunatic and other state paupers,
a sum not exceeding one thousand dollars, to be in addition
to the appropriation heretofore made for the present
year.

For expenses attending the management of cases of
settlement and bastardy, a sum not exceeding five hundred
dollars, to be in addition to the appropriation heretofore
made for the present year.

For the reimbursement of the Massachusetts infant
asylum, for the support of infants having no known settle-
ment in this Commonwealth during the present and



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1877.— Chapter 242. 639

previous years, a sum not exceeding five thousand dollars,
to be in addition to the sums heretofore appropriated.

For expenses of legislative committees of the present Legislative
session, a sum not exceeding two thousand dolhirs, to be ^'^ ^*®^
in addition to the appropriation heretofore made for the
present year.

For expenses of the commissioner of corporations, a sum commiMioner
not exceeding two hundred and fifty dollars, in addition to «' «>'-p^'-^"«°»-
the appropriation heretofore made for the present year.

For the contingent expenses of the surgeon-general, a surgeon.
sum not exceeding one thousand dollars, in addition to *^"®'^*^-
the appropriation heretofore made for the present year.

The appropriation for expenses of legislative committees Committeee
for the present year may be held applicable to any ex- recU^" ^^
penses of committees authorized to sit during the recess.

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

Approved May 16, 1877.

An Act making At»PROPRiATioNs for the furnishing and main- Qfidj) 242

TENANOE OF THE DAN VERS INSANE HOSPITAL. ■^'

Be U enacted, <fcc., as follows^:

Section 1. The sum of fifty thousand dollars is hereby Appropriation
appropriated for the purpose of furnishing and providing hjijitoil'*^*"*
for the occupancy of the hospital for the insane, now being
erected at Dan vers, to be expended under the authority
and by the direction of the trustees - hereafter to be
appointed according to law.

Section 2. The further sum of twenty thousand dollars Maintenance
is hereby appropriated, to be expended under the authority **^ *^***p*^*-
and by the direction of said trustees, for the maintenance
of the hospital till it shall be in the receipt of an income
from the support of patients.

Section 3. In order to meet any expenses incurred warnmumay

1 . , ^ . 1^1 . . i. I ■ ^ ^ 1 ^® drawn for ex-

by said trustees under the provisions of this act, the gov- penaee incurred,
ernor is authorized to draw his warrant on the treasurer of
the Commonwealth for such sums as may be required from
time to time for carrying out said provisions.

Section 4, Said trustees shall present all their ac- Accounu of
counts relating to the disposition of the amount appro- iXmitted^to*
priated by the first section of this act to the auditor, for ^^ auditor.
examination and approval.

Section 5. This act shall take efiect upon its passage.

Approved May 16, 1877.



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640 1877.— Chapters 243, 244, 245.

Chajp, 243 An Act in i^ddition to an act for the reuef op the eastern
railroad company and the securing of its debts and
liabilities.

Be it enacted^ <fcc., as follows :
Jfrj^^frtyL Section 1. The Eastern Railroad Company, with the
rit"*for mSo^"' ^^sent of the trustees under the mortgage made in pursu-
borrowed. auce of chapter two hundred and thirty-six of the acts of
the year eighteen hundred and seventy-six, may pledge as
collateral security for money borrowed, any of the prop-
erty which by action thirteen of said act it is authorized
to sell with the assent of said trustees, and may give the
pledgee the same rights in the property so pledged as if
Provijo. the same were not mortgaged to said trustees : provided^

always^ that the proceeds of a loan so effected shall not be
applied or disposed of, except for the purposes specified in
said section thirteen, and except with the consent of the
trustees first had and obtained.

Section 2. This act shall take ^ect upon its passage.

Approved May 16, 1877.
Chap. 244 An Act in further addition to an " act to establish a hospital

FOR the insane IN THE NORTH-EASTERN PART OF THE COMMON-
WEALTH."

Be U enacted^ <fcc., as follows :

tzpendSute SECTION 1, The commissioncTS appointed under author-

authorizod. jty of chapter two hundred and thirty-nine of the acts of the
year eighteen hundred and seventy-three, and their success-
ors in authority, are authorized to expend for the purpose
named and under the conditions prescribed in the first
section of said act, (except so far as relates to the aggre-
gate expenditure,) the sum of one hundred and fifty thou-
sand dollars, in addition to the amounts heretofore author-
ized ; and the same Is hereby appropriated, to be provided
in the manner and under the conditions prescribed for the
expenditures authorized in said act.

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

Approved May 16, 1877.
Chap. 245 An Act to amend the charter of the boston safe deposit and

TRUST COMPANY.

Be it enacted, <fcc., as follows :

JipTtiiitodS Section 1. The Boston Safe Deposit and Trust Com-
pany may from time to time increase its capital stock to
an amount not exceeding one million dollars.



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1877.— Chapter 245. 641

Secttion 2. The said company may. be appointed J^jf^fe^aiT*"**
trustee under any will or instrument creating a trust for inBtrument
the care and management of property, under the same fi^^fo'f prop-
circumstances, in the same manner, and subject to the ®^^*
same control by the court having jurisdiction of the same,
as in the case of a legally qualified person. The capital ^^p}^^"^^,

1 ^ . -1 ^. "^ . I ^1 !• I M.^. i» ^1 ^ » held as security

stock of said corporation, with the habilities of the stock- for faithful dis.
holders existing thereunder, shall be held as security for °*'*^«<>'^^"«*-



Online LibraryMassachusettsActs and resolves passed by the General Court of Massachusetts → online text (page 30 of 45)