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rent jurisdic-
tion.
R. 8. 1, § 2
8 Mass. 72.
17 Piok. 298.
1 Met. 580.
1790, 4.

1795, 18. 1796, 25.

1798, 13. 1807, 125. 1846, 16. 1798, 60.

1800, 7. 1831, 45.

1800, 17.

1800, 26. 1825, 8. 1800, 70. 1838, 138. 1803, 65.

1800, 21, $ 79.

shall continue to be subject to such concurrent jurisdiction, according to the tenor and effect of the respective laws by which they were ceded, that is to say:

The several public light-houses with the lands and tenements thereunto belonging: the light-house on Light-House Island in the harbor of Boston; the two light-houses on Thacher's Island in the county of Essex; the two light-houses on the north end of Plumb Island in the county of Essex; the light-house on the Gurnet Head in the county of Plymouth; the light-house on Sandy Point in the county of Nantucket; also, the four buoys at the mouth of Merrimack River, namely — one on the Hum Sands, one on the Sunken Rocks, one on the Ganway Rock, and one on the Half-Tide Rocks; also the beacon on the spit of sand near the light-house in the harbor of Boston:

The light-house situate near the entrance of the harbor of Nantucket:

The several tracts of land for the light-houses authorized by congress to be erected upon Baker's Island and Cape Cod:

Castle Island, Governor's Island, George's Island, and Lovel's Island, in the harbor of Boston; and a tract of land in Springfield :

A tract of land for a light-house at that part of Martha's Vineyard called Gay-Head :

A tract of land for light-houses on Wigwam Point and Eastern Point in Gloucester:

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

A tract of land for a navy-yard in Charlestown:
Tracts of land for light-houses at Cape Poge:

A tract of land on Martha's Vineyard and the building erected thereon as a hospital:

A tract of land for light-houses at or near the entrance of Chatham harbor on Cape Cod:

A tract of land for a light-house at the entrance of the harbor of Scituate :

The rocks and flats under the piers in Merrimack River called the Half-Tide Rocks and North Rocks:

A tract of land in Watertown for erecting forts, magazines, arsenals, dock-yards, and other needful buildings:

Tracts of land for light-houses on Race Point in Provincetown, at or near Tarpaulin Cove on Nashaun Island, and on Point Gammon in Yarmouth:

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

Half-Way Rock in Boston Bay for a beacon; also Bird Island in Buzzard's Bay for a light-house; and a tract of land for a light-house on Long Island Head in Boston harbor:

Ten Pound Island in the harbor of Gloucester for a light-house:

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

A tract of land for a light-house on the Island of Kutta-Hunk: A tract of land for a light-house on Monamoy Point in the county of Barnstable :

Tracts of land in Chelsea for hospitals and a depot of ordnance stores:

Tracts of land for light-houses on Long Point in Provincetown; and on Sandy Neck in Barnstable:

Dumpling Rock in Buzzard's Bay, and tracts of land on Nobsque Point in Falmouth and at the entrance of Edgartown Harbor; for light-houses :

A tract of land near the mouth of the Merrimack River, in Newbury, for a pier or breakwater:

1810, 54.

1816, 1.

1816, 15.

1816, 47. 1817, 7.

1817, 2.

1819, 69.

1820, 3. 1821, 35.

1822, 23. 1823, 12.

1825, 181. 1827, 66. 1848, 167. 1826, 38.

1828, 63.

1828, 30.

1832, 41.

1819, 45.

A tract of land for a light-house on West Chop in Tisbury on Mar- 1830, 111. tha's Vineyard : The place called Nix's Mate in the harbor of Boston for a beacon:

, 39. A tract of land, not exceeding four acres at the Neck in Marblehead ; 1825

, 98. for a light-house : Straitsmouth Island in the harbor of Gloucester for a light-house:

1835, 151. Tracts of land for light-houses in Nantucket and at Nid's Point in 1838, 138. Rochester:

Tracts of land for light-houses on Ipswich Beach in Ipswich, and near. 1838, 164. Nauset Beach in Eastham, and on Mayo's Beach in Wellfleet:

The place called Minot's Rock or Ledge in Massachusetts Bay for a 1847, 109. light-house:

A tract of land not exceeding one-quarter of an acre, above high- 1847, 235. water mark, near the Old Fort in Fairhaven, and one of the Elizabeth Islands called the Sow and Pigs lying off the south-west side of the Island of Kutta-Hunk:

A tract of land for a light-house, not exceeding two acres, on Palm- 1849, 14. er's Island in the harbor of New Bedford : and a tract of land for a light-house, not exceeding six acres, on Wing's Neck in Sandwich: A tract of land for a light-house in Truro:

1849, 40. A tract of land on Great Brewster Island in the harbor of Boston: A tract of land for a light-house at Hyannis in Barnstable:

1849, 67. A tract of land for a light-house at Sancoty Head in Nantucket:

1849, 100. Three tracts of land, not exceeding one acre each, at the head of 1853, 72. Holmes' Hole harbor in Tisbury, for light-houses.

A tract of land for a light-house at Bass River in the county of Barn- 1853, 288. stable :

Such tracts of land in Provincetown and Truro as may be used and 1853, 296, 396. improved for the preservation of Cape Cod harbor:

Sach tracts of land in Falmouth as may be necessary for the con- 1853, 306. struction and maintenance of a sea wall in the harbor of Great Woods Hole :

Egg Rock Island near Nahant; and a site for a light-house in Truro: 1855, 17.

Sites for light-houses on or near the Point of Rocks in Westport; and 1855, 17. at the Spit in the harbor of Boston:

A site for a beacon on Point Alderton Bar in the harbor of Boston: 1855, 17. A tract of land in Gloucester for a custom-house:

1855, 21. A tract of land in Barnstable for a custom-house:

1855, 127. Egg Island Shoal in the harbor of New Bedford; and such tracts of 1856, 100. land on Clarke's Point in New Bedford as the United States deem need- 1857, 119. ful for the purposes of military defence, and over the contiguous shores, flats, and waters, within four hundred yards from low-water mark:

A tract of land not exceeding six acres on Billingsgate Island for a 1857, 116 light-house: provided, the United States make and file in the office of 1822, 1. the secretary of the commonwealth a suitable plan of said land within one year from the purchase of the same:

Such tract of land as the United States shall purchase in Cohasset 1858, 42. for a light-keeper's house, warehouse, and wharf, for the convenience of Minot's Ledge Light:

A tract of land, not exceeding three acres, for a light-house and 1859, 53. keeper's house on Point of Rocks at the entrance of Westport harbor :

A lot of land in Boston with the buildings thereon, known as the 1868, 157. "Masonic Temple," with land adjacent thereto not exceeding twentyfive thousand feet, for a court-house.

SECT. 4. Persons employed under an act of the congress of the Officers of United States passed the tenth day of February in the year eighteen mastenter up hundred and seven, and the supplement thereto, may enter upon lands lands, dc. within this state for any purpose which may be necessary to effect the u. S. statutes

, objects of said act, and may erect works, stations, buildings, or append- 1803, 8: ages, requisite for that purpose, doing no unnecessary injury.

1832, 191, $ 2.

&c.

Trial.

County com

SECT. 5. If the parties interested cannot agree upon the amount to missioners to assess damages

be paid for damages caused thereby, either of them may petition the on petition of commissioners having jurisdiction in the county in which the land lies, 1845, 192, 352, 3. who shall appoint a time for a hearing as soon as may be and order at

least fourteen days' notice to all persons interested, and, with or without a view of the premises as they may determine, hear the parties and

assess the damages. Commissioners

SECT. 6. The commissioners shall file in the office of the clerk of the to file report, courts, or, in the county of Suffolk, in the office of the clerk of the Appeal. superior court for civil business, a report of their doings, which shall 1845, 192, $4.

be conclusive unless one of the parties within thirty days after the term 1865, 449.

of the superior court held next after the filing of the report files a peti. 1859, 196.

tion for trial; in which case, after notice to the opposite party, a trial shall be had in said court in the manner in which other civil cases are

tried. Tender, and SECT. 7. The person so entering upon land may tender to the party

injured amends therefor, and if the damages finally assessed do not 1845, 192, 85. exceed the amount tendered, the person entering shall recover costs;

otherwise the prevailing party shall recover costs.

Secr. 8. Costs shall be taxed and allowed as if the proceedings 1845, 192, $6. were an appeal from the decision of the commissioners, in the same

manner as they are taxed on appeals from judgments of justices of the

peace. Penalty for in- Sect. 9. Whoever wilfully injures, defaces, or removes, any signal, juring signals,

monument, building, or appendage thereto, erected, used, or constructed, 1845, 192, 87. under said acts of congress, shall forfeit the sum of fifty dollars for 1852, 312.

each offence; and shall be liable for damages sustained by the United States, to be recovered in an action of tort.

costs after refusal.

Costs, how taxed.

&c.

CHAPTER 2.

OF THE LEGISLATURE.

ORGANIZATION OF THE HOUSE OF REPRESEN- (COMPENSATION OF MEMBERS AND OFFICERS.

TATIVES.
SECTION

SECTION
1. Secretary to make and deliver to sergeant-

cer.

mon.

13. Compensation of senators and representaat-arms lists of persons returned.

tives, when and how paid. 2. Who are to be admitted to take seats as

14. $3 a day to be deducted from the pay of members.

members absent without excuse. 3. When, and by whom, house to be called to

15. Compensation of president and speaker. order; and who shall preside.

16. Books, &c., not to be ordered for members 4. Persons having certificates, &c., but not on

at the charge of the commonwealth. list to present credentials to presiding offi

17. Salaries of clerks.

18. of chaplains and preacher of election ser5. Clerk to act until successor is chosen. 6. Clerk may appoint a deputy and assist

19. Compensation of door-keepers, messengers, ant.

and pages, when and how paid. 7. Oath of clerk, deputy and assistant.

MISCELLANEOUS PROVISIONS.

20. Members of committees may administer APPLICATIONS TO THE LEGISLATURE.

oaths. 8. Notice on petitions affecting individuals or 21. Journals of the two houses to be in the cusprivate corporations, how given.

tody of the clerks. 9. on petitions affecting cities and towns. 22. Secretary to cause bills and resolves to be 10. in case of persons applying for act of engrossed on parchment: acts and resolves incorporation, &c.

to be bound, &c. 11. to specify amount of capital stock ap- 23. Members of legislature not eligible to cerplied for.

tain offices. 12. Proof of publication of notices, how made. 24. General court to suspend business on cer

tain days.

seats as members.

to

ORGANIZATION OF THE HOUSE OF REPRESENTATIVES. SECTION 1. The secretary of the commonwealth shall receive and Secretary to examine the certificates of the election of representatives to the general make and delivcourt returned into his office, and shall make a list of the persons therein at-arms, &c., named. On the Tuesday next preceding the first Wednesday of January returned. annually he shall deliver to the sergeant-at-arms a list of the persons then 1844, 143, $$ 4, 6.

See , . returned, and upon receiving any further certificates before the house is called to order he shall immediately make and deliver to the sergeantat-arms a like list. He shall also transmit the certificates, with a list of all persons returned, to the house of representatives as soon as the members are called to order,

SBCT. 2. The persons whose names are borne on the lists delivered who may take to the sergeant-at-arms, shall be admitted by him to take seats as members in the representatives' chamber on said first Wednesday of Janu- 184, 143, 55,

See Ch. 8, § 19. ary, or at any time afterwards.

Sect. 3. On the first Wednesday of January in each year, between When, and by the hours of ten in the forenoon and twelve at noon, the persons so be called to orreturned and admitted as members into the representatives' chamber der; and who shall be called to order by the eldest senior member present; and such 1841, 143, 97. member shall be the presiding officer of the house until a speaker is See Ch. 8, § 19. chosen, or the house otherwise direct.

SECT. 4. Any person having a certificate or other documentary evi- Persons having dence of his election as a representative, whose name is not on said list, but not too list may after the house is called to order present the same to the presiding to present officer or speaker, if one is chosen, who shall communicate the same to presiding of the house for their order thereon; but such person shall not take a seat cera

1844,

143, $ 8. as a member until permitted so to do by the house.

See Ch. 8, § 19. SECT. 5. The clerk of the house for any year, shall act as clerk of Clerk to act unthe next succeeding house until a clerk thereof is chosen and sworn.

Sect. 6. The clerk or acting clerk may in writing appoint a deputy 1844, 143, $ 9. for three days only, in case of sickness, or necessary detention, or of point a deputy leave of absence from the house. He may also appoint an assistant, if and assistant necessary, subject to the approval of the house.

Sect. 7. The clerk, deputy-clerk, and assistant, shall take the oath Oath of clerk, of office prescribed by the constitution.

1844, 143, & 11. APPLICATIONS TO THE LEGISLATURE. SECT. 8. Whoever intends to present to the general court a petition Notice on petiaffecting the rights and interests of individuals or private corporations, individuals of shall give notice thereof by publishing a copy of the petition four weeks private corpo successively in some newspaper published in the counties where such mations, how individuals reside or in which such corporations are established; the last 1867, 261, $ 1. of said publications to be at least fourteen days before such session of the general court. Such newspaper shall be designated by the petitioners and approved by the secretary of the commonwealth.

Sect. 9. Whoever intends to present a petition affecting the rights on petitions of a city or town, shall cause a copy to be served upon the city or town affecting cities by a person not a party to or interested in said petition, and shall give 1867, 261, $ 2. notice thereof in the manner provided in the preceding section, the service of the copy to be at least fourteen days before the Tuesday next after the first Monday in the month of November preceding the session at which the petition is to be presented.

Sect. 10. Persons intending to apply for an act of incorporation and in case of per corporations intending to apply for an alteration or extension of their for scapplying charter, shall give notice of such intended application by an advertise- poration, &c. ment, at least four weeks immediately preceding the session at which 1867, 261, $ 8. the application is to be made, in some newspaper printed in the county

til successor is chosen.

, .

&c.
Const. Ch. 6.
Art. I.

where such corporations are, or are intended to be, established; such

newspaper shall be designated and approved as provided in section eight. to specify a- SECT. 11. The notice of an application for an act of incorporation mount of capi- shall specify the amount of capital stock required; and if the notice is plied for. for an alteration or extension of any charter already granted, it shall 1857, 261, $ 4.

specifically state the same. Proof of public SECT. 12. Proof of the publication and service of the notice required tices, how made in the preceding sections may be made by the affidavit of the printer or 1857, 261, $ 5. publisher of the newspaper in which such publication is made and of

the person making such service respectively; which affidavits and the petitions to which they relate shall be presented to the general court within the first ten days of the session.

COMPENSATION OF MEMBERS AND OFFICERS.

Compensation SECT. 13. Each member of the senate and house of representatives of senators and shall receive three hundred dollars for the regular annual session for tives. which he is elected, and one dollar for every five miles travel once in

when and how paid. each session from his place of abode to the place of the sitting of the 1858, 2, $ 1. general court, to be paid as follows: on the first day of the session, he

shall receive his mileage, on the first day of each month thereafter he shall receive two dollars a day until the sum of three hundred dollars shall have been paid him, and on the last day of the session he shall

receive the balance due him. 83 a day to be SECT. 14. The treasurer or other officer charged with the payment deducted from the pay of mem

of the members shall deduct from the compensation of each member bers absent without excuse.

three dollars for each day that he has been absent, unless his absence 1858, 2, $2. shall have been excused by the house of which he is a member; and the

respective clerks of the senate and house upon the written statement of members shall certify to the treasurer or such other officer the number of days of each member's attendance, which statements shall be pre

served in the office of the treasurer. Compensation Sect. 15. The president of the senate and speaker of the house shall of president and receive double the compensation provided for senators and representaspeaker. 1858, 2, $ 3. tives, to be paid in the same manner. Books, &c., not Sect. 16. No periodicals, publications, or books, other than those bebe ordered, printed for the use of the legislature, shall be ordered for members at 1858, 2, § 4. the charge of the commonwealth.

SECT. 17. The clerks of the senate and house shall each receive an 1858, 2, $5.

annual salary of two thousand dollars, to be paid quarterly, in full for all the duties required of and performed by said clerks and their assistants, including the preparation of an index and duplicate copy of the

journals. of chaplains Sect. 18. The chaplains of the senate and house shall each receive and preacher of an annual salary of two hundred dollars, to be paid in monthly pay.

ments on the first day of each month during the session, at the rate of 6 Resolves 1859, two dollars a day, and any remaining balance on the last day of the

session. The preacher of the election sermon shall receive one hundred

dollars. Compensation Sect. 19. Each door-keeper and messenger of the senate and house of door-keep

shall receive the sum of three hundred dollars, and each page of the gers, and pages. senate and house the sum of two bundred dollars, in full for all services how paid.

required of them at the regular annual session of the legislature. Such 1858, 2, $ 7. sums shall be paid monthly, at the rate of two dollars a day for each

door-keeper or messenger and one dollar and fifty cents a day for each page until said sums of three hundred dollars and two hundred dollars, have been paid; and on the last day of the session he shall receive the balance due him.

Salaries of clerks.

election sermon.

59.

ers, messen

when and

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