Gambar halaman


1844, 153.

parchment; -acts and re

MISCELLANEOUS PROVISIONS. SECT. 20. Senators and representatives acting as members of a com- Members of mittee of the legislature may administer oaths to persons examined committees

may administer before the committee. Sect. 21. The journals, files, papers, and documents, appertaining to Journals of the

. the senate and house of representatives and their proceedings, shall be twehouses to be in the custody of their respective clerks; and copies certified by them of the clerks. shall be evidence in like manner as the originals.

SECT. 22. All bills and resolves passed to be engrossed shall, under Secretary to the direction of the secretary of the commonwealth, be fairly engrossed resolves to be on parchment in a plain and legible hand-writing without interlineation, engrossed on and with a margin of not less than one and a half inches wide on each side; each sheet on which bills are engrossed to be twenty-two inches solves to be long and sixteen inches wide; and each sheet on which resolves are R. S. 13, 56 engrossed to be sixteen inches long and eleven inches wide. After 1836, 24. every session of the general court the secretary shall cause the acts and resolves of the session to be neatly and strongly bound, in separate volumes of convenient size, lettered on the back, with a designation of the contents and legislative year.

Sect. 23. No senator or representative shall, during the term for Members of which he is elected, be eligible to any office under the authority of this videbature not commonwealth, created during such term, except an office to be filled tain offices. by vote of the people. Sect. 24. The general court shall hold

no session for the transaction General court of ordinary business on Thanksgiving, Fast, or Christmas days, the to suspend twenty-second day of February, the fourth day of July, nor on the fol- tain days. lowing day when either of the two days last mentioned occurs on Sun. 1868, 113, § 1. day, and the public offices shall be closed on said days.

1857, 191.

business on cer




L Laws, how promulgated.
2. how distributed.
3. Secretary to publish, apportion, and dis-

tribate, copies of the general laws and re

solves in a pamphlet form. 4. Publication of laws, &c., in newspapers. 5. Acts of incorporation deemed public acts. & Statutes, when to take effect.

4th, “ Annual meeting.”
5th, “ Grantor” and “grantee."
6th, “ Highway.”
7th, “ Inhabitant."
8th, “ Insane person,” “ lunatic," and

" spendthrift.”
9th, “ Issue.”
10th, “ Land," " lands," and“ real estate.”
11th, “ Month” and “ year.”
12th, “ Oath” and “ gworn."
13th, “ Person.”
14th, “ Preceding ” and “ following."
15th, “Seal."
16th, “ State” and “ United States."
17th, “ Town.”
18th, “ Place.”
19th, “ Will."
20th, “ Written ” and “ in writing."

By-law” and “ ordinance."
22d. “Sworn," as applied to public offl-

CONSTRUCTION OF STATUTES. 7. Rules for construing statutes :1st, Words and phrases to be construed

according to usage, unless techni

cal, &c. 22. Singular and plural number, mascu

line gender, &c. 3d, Joint authority to be exercised by


21st, u



Laws, how proSECTION 1. The secretary of the commonwealth at the close of each mulgated. session of the general court shall collate and cause to be printed in one art. 11.

R. S. 2, $ 1. volume, in style and arrangement as heretofore, all the acts and resolves 1851, 256, $ 4. Resolves

passed during such session, with the governor's address and messages, 1812, 76.

the constitution of the commonwealth, a list of names changed and 1839, 83.

returned during the preceding year by the probate courts, and a list of

the officers of the civil government, with an index. Laws, how 1 SECT. 2. The secretary shall deposit in his office one copy of the distributed. R. S. 2, § 2

volumes so published; and immediately after their publication, distribute
copies as follows:
To the clerk of the senate, for the use of the senate, twelve copies :

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

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

To the following officers and persons, one copy each:

The governor; the lieutenant-governor; each member of the council, Benate, and house of representatives; the attorney-general; the auditor of accounts; the treasurer and receiver-general; the adjutant-general; the masters in chancery; the judges, clerks, and registers, of the judicial courts; the district-attorneys; the county commissioners; the sheriffs and keepers of jails; the registers of deeds; the keepers of the houses of correction; the warden of the state prison; the county treasurers; the several clerks of cities and towns, for the use of such places; Harvard University, for the law library; Harvard University; Williams College; Amherst College; Tufts College; Historic-Genealogical Society; trustees of the Museum of Comparative Zoology; the American Academy of Arts and Sciences; the Massachusetts Historical Society; the Boston Athenæum; the American Antiquarian Society, in Worcester; the Pilgrim Society, in Plymouth; the Old Colony Historical Society, in Taunton; the Law Library Societies in each county; the judges of the supreme court of the United States; the judge of the district court of the United States for the district of Massachusetts; the clerk of the courts of the United States for the district of Massachusetts :

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

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

To the library of congress, three copies. Secretary to Sect. 3. The secretary shall immediately after the close of each tribute general session cause to be published in a pamphlet form such number of copies

of the general laws and resolves as will supply each family in the com1847, 88. monwealth with one copy, or one copy to each eight inhabitants, and

the secretary shall cause the same to be apportioned according to the census and sent to the clerks of the several cities and towns for distribution.

SECT. 4. The secretary shall publish the general laws and other laws, &c., in

official information intended for the public in such newspaper in the

commonwealth as he may select, but the annual expense thereof shall 1857, 24.

not exceed three hundred dollars. Acts of incorpo- Sect. 5. All acts of incorporation shall be deemed public acts, and, public acts. as such, may be declared on and given in evidence. R. S. 2, $ 3. SECT. 6. Every statute shall take effect at the same time throughout Statutes when the state, and, if it does not expressly prescribe the time when it shall k. 9.2, spett.. go into operation, shall take effect on the thirtieth day next after the

day on which it is approved by the governor, or otherwise passed and 3 Gray, 606. 6 Gray, 316. approved conformably to the provisions of the constitution.

laws, &c. Resolves of

1850, 89.

Publication of

newspapers. Resolves of

ration deemed

4 Met. 215.

10 Masg. 290.

Rules for con-
struing stat-
R. S. 2, 96.

CONSTRUCTION OF STATUTES. SECT. 7. In the construction of statutes the following rules shall be observed, unless such construction would be inconsistent with the mani.

effect of a clical do hit the

5 Cush. 272. 7 Gray, 131

son,” “luna

fest intent of the legislature or repugnant to the context of the same statute, that is to say:

First. Words and phrases shall be construed according to the com- Words and mon and approved usage of the language; but technical words and phrases to be phrases, and such others as may have acquired a peculiar and appro- cording to priate meaning in the law, shall be construed and understood according technical, &c. to such peculiar and appropriate meaning. . Second Words importing the singular number may extend and be Singular and applied to several persons or things; words importing the plural number plural number, may include the singular, and words importing the masculine gender der, &e. may be applied to females.

Third. “Words purporting to give a joint authority to three or more Joint authority, public officers or other persons shall be construed as giving such authority bome to a majority of such officers or persons.

Fourth. The words “ annual meeting," when applied to towns, shall Annual meetmean the annual meeting required by law to be held in the months of ing;"

1837, 52. February, March, or April.

Fifth. The word “grantor” may include every person from or by “Grantor” and whom a freehold estate or interest passes in or by any deed; and the R$ 5.60, 32. word “grantee” may include every person to whom such estate or interest passes in like manner.

Sixth. The word “highway” may include county bridges; and shall “Highway." be equivalent to the words “county way,” “ county road,” and “common road."

Seventh. The word "inhabitant” may be construed to mean a resi. “Inhabitant." dent in any city or town.

Eighth. The words “insane person ” and “lunatic shall include “ Insane perevery idiot, non compos, lunatic, insane, and distracted person; and the tic," and word "spendthrift” shall include every one who is liable to be put under spendthrift."

R. guardianship on account of excessive drinking, gaming, idleness, or debauchery.

Ninth. The word “issue," as applied to the descent of estates, shall Issue.". include all the lawful lineal descendants of the ancestor.

R. S. 61, $ 13. Tenth. The words “land” or “ lands” and the words “real estate

“ lands,” and shall include lands, tenements, hereditaments, and all rights thereto and real estate." interests therein.

R. 8. 60, $ 32. Eleventh. The word "month” shall mean a calendar month; and “ Month” and the word "year" a calendar year, unless otherwise expressed; and the “ year.” word "year" alone shall be equivalent to the expression “year of our

Twelfth. The word “oath” shall include “affirmations" in cases “ Oath ” and where by law an affirmation may be substituted for an oath, and in like cases the word “sworn” shall include the word “affirm."

Thirteenth. The word “person” may extend and be applied to Person.” bodies politic and corporate.

Fourteenth. The words “preceding” and “ following," when used “ Preceding ” by way of reference to any section of these statutes, shall mean the indi; follow

ing. section next preceding or next following; unless some other section is expressly designated in such reference. Fifteenth. When the seal of a court, public office, or corporation, is “Seal."

1865, 223. required by law to be affixed to any paper, the word “seal” shall include an impression of the official seal made upon the


alone as well as an impression made by means of a wafer or of wax affixed thereto.

Sixteenth. The word “state," when applied to the different parts of « State” and the United States, shall extend to and include the district of Columbia

States." and the several territories so called; and the words “United States” shall be construed to include said district and territories.

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

* “ Land,"


" sworn."

3 Cush. 45.
4 Cush. 589.


" Written ” and

9 Pick. 312

« Place."

Eighteenth. The word "place" may mean city and town unless some

other meaning is implied by the context. “ Will."

Nineteenth. The term “will” shall include codicils.

Twentieth. The words “written” and “in writing," may include printing, engraving, lithographing, and any other mode of representing words and letters; but when the written signature of a person is required by law, it shall always be the proper hand-writing of such person or; in

case he is unable to write, his proper mark. “ By-law" and Twenty-first. The word ordínance," as applied to cities, is synony. “ ordinance."

mous with the word “by-law." “ Sworn,” as

Twenty-second. The word “sworn" when applied to public officers implificato pub- who are required by the constitution to take the oaths therein preConst., ch. 6, scribed, shall be construed as referring to those oaths; and when applied Amend. const. to other officers it shall be construed to mean sworn to the faithful dis

charge of the duties of their offices, before a justice of the peace, unless other provision is specially made.

art. 6.



1. Annual reports of public officers, &c., when

2. Certain reports to be laid before legislature

in printed form, &c.
3. Special reports.
4. Number to be printed.
5. Distribution of reports.
6. Railroad reports to be furnished members


of the legislature and railroad corpora

tions. 7. “ Public series" to be furnished under cer

tain acts, &c. 8. to be furnished to towns. 9. Penalty for neglect under this chapter. 10. Treasurer, auditor, &c., may require their

reports to be put in type.

Annual reports of public officers, &c., when made.

Section 1. The annual reports of public officers, boards, and institutions, which are required by law or custom to be made to the governor

and council, the legislature, the secretary of the commonwealth, or to 1857, 40, $$ 1,3, the governor to be by him transmitted to the legislature, (except the 1855, 46, $$ 1, 2. address of the governor, the annual reports of the treasurer, auditor, attorney-general, adjutant-general

, board of education, board of agriculture, board of insurance commissioners, railroad corporations, the annual statement of the expenses of the offices of the secretary, treasurer, auditor, and adjutant-general, and the returns relating to births, marriages, and deaths,) shall include the year ending on the thirtieth day of September, and shall be submitted to the secretary of the common. wealth on or before the fifteenth day of October annually; and all com

missions shall make reports at the same time and in the same manner. Certain reports SECT. 2. The secretary shall cause such reports and the reports of to be laid before the auditor of accounts, the boards of education and agriculture, and printed form, other reports which the senate and house by concurrent order direct, 1867, 40, $$1,2,5. and the annual abstracts prepared in the secretary's office, to be laid 1858, 16, 3; 3, 8. before the legislature in a printed form on the first Wednesday of Janu

ary annually; but he shall with the advice and consent of the governor and council omit all unnecessary and improper portions of such reports, so as to reduce the printed report to a reasonable length and proper form. Such documents shall be styled the “public” series of documents,

and be numbered separately from the “senate” and “house" series. Special reports.

SECT. 3. Public officers and boards and managers of public institu1857, 40, $ 11. tions shall in addition to their annual reports make special reports when

the public interest requires.


Sect. 4. There shall be printed eight thousand copies of the report Number to be of the board of education, ten thousand copies of the report of the pristed:

1858, 46, $$ 4, 6 board of agriculture, and two thousand copies of each of the other docu- 1859, 22. ments of such public series. If the public interest requires a larger number of any document, the secretary may by special order direct additional copies to the number of one thousand; and he shall include in the annual statement of the expenses of his office a list of the documents thus ordered.

Sect. 5. Twelve hundred copies of the reports of the boards of edu- Distribution of cation and agriculture shall be delivered to the secretary of the com

1858, 46, $$ 4,5,6. monwealth, and the remainder distributed as said boards respectively shall direct; and not more than three hundred copies of a public document shall be placed by the secretary at the disposal of the officer, board, or institution, whose report it is.

Sect. 6. The annual reports of railroad corporations shall be filed in Railrond reseparate complete sets, and a complete set, thus filed, shall be furnished ports, to whom to each member of the legislature within ten days after the beginning 1858, 7. of the session; and one copy of each of said reports shall be furnished 1858, 46, $ 8. by the secretary of the commonwealth to every, railroad corporation established in this state.

Sect. 7. Documents to be furnished to any person, library, associa- “ Public series" tion, or corporation, under any act or resolve passed previous to the to be furnished second day of May one thousand eight hundred and fifty-seven, shall acts, &c. include only the public series." All other documents printed by order 1858, 40, $ 7. of either or both branches of the legislature shall be distributed as prescribed by their rules and orders.

Sect. 8. The secretary shall furnish annually a complete set of the public series in a bound volume to each city and town in the common- towns. wealth, to be preserved in some public place therein, which volume shall 1857, 40,3 %. have a title page bearing the date of the year, and a brief index to the 1868, 46, § 10. titles of the several documents.

Sect. 9. Whoever wilfully neglects any duty required by this chap- Penalty for negter shall forfeit ten dollars for each day such neglect continues.

Sect. 10. The treasurer, auditor, attorney-general, adjutant-general, Treasurer, auboard of education, and board of agriculture, may require any portion require their reof their reports to be put in type previous to the first Wednesday in Jan- ports to be put uary annually, when the same can be done consistently with the public 1857,940, $ 4. advantage. The governor may also require his annual address so to be put in type.

to be furnished to

1858, 46, $ 9.



STATE LIBRARY. SECTION 1. State library to be in the state house

when to be open. 2. Three trustees to be appointed by governor

and council. 3. Duties of trustees. 4. Librarian and assistant. 5. Trustees and librarian may employ assist

ance. 6. Books, &c., belonging to state to be placed

in library. 7. Annual appropriation for the library. & Librarian to make report to legislature, an

nually. 9. Committee to report necessary repairs, &c.,

upon state house.

OTHER PUBLIC PROPERTY. SECTION 10. Charge of certain property of the common

wealth. 11. Trustees, &c., of certain institutions to

make inventories of stock, &c., annually. 12. Custody of magazines, &c. Entrenching

tools, &c., to be marked. 13. Penalty for purchasing, &c., tools, &c.,

branded. 14. for defacing, &c., buildings, &c., belong

ing to state.

CONVEYANCES OF PUBLIC LANDS. 15. Conveyances to be approved by governor

and council.

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