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ON THE

GENERAL STATUTES

OF

MASSACHUSETTS.

TO WHICH IS ADDED

A LIST OF CITIES AND TOWNS IN THE STATE, AND OF
CERTAIN STATE AND COUNTY OFFICERS.

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Entered according to Act of Congress, in the year 1869, by

U. H. CROCKER AND G. G. CROCKER,

in the Clerk's Office of the District Court of the District of Massachusetts.

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PREFACE.

HAVING, Since 1860, been in the habit of noting in the margin of my copy of the General Statutes of Massachusetts all subsequent statutes and all the more important explanatory decisions which have appeared in the volumes of reports published since that date, stating in a short and rough way the purport of the statute or decision to which reference was made, I had accumulated a mass of marginal references which were extremely valuable and useful to me. It finally occurred to me that these marginal notes might be made useful to others, if they were printed in a separate volume in the form in which they are now published. In pursuance of this idea, all these marginal notes have been written out in a more presentable shape by myself and my brother, and in all the more important chapters we have also stated the purport, so far as it seemed noteworthy, of all the cases, references to which are printed in the margin of the statutes. This has been done in chapters 1-5, 8, 9, 11-23, 27, 29, 32-37, 40, 45, 47– 49, 51, 54–57, 64–66, 68, 75–84, 86, 87, 89–111, 115, 117, 119, 123-133, 137, 139-142, 147, 151, 153, 154,

and 157, and in the statutes subsequent to the General Statutes; in the other chapters, this has been done only partially.

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The references in this volume to subsequent statutes are, it is hoped, substantially complete; with regard to the references to decisions, however, it is evident that some, which ought properly to have been noted, may have been overlooked, and that the true purport of others, which are noted, may have been misapprehended; and it is hoped and desired that all members of the legal profession in this state, who may notice any omissions or any errors in this work, will, as a matter of mutual interest and benefit, give information thereof by mail or otherwise, in order that such omissions. may be supplied, and such errors corrected in a second edition, should a second edition ever be called for. The latest decisions which have been noted are those contained in Vol. 98 of the Massachusetts Reports, -of the earlier decisions, those to be included in Vol. 16 of Gray's Reports, as that volume is not yet published, are not referred to.

BOSTON, Sept. 27th, 1869.

URIEL H. CROCKER.

NOTES

ON THE

GENERAL STATUTES OF MASSACHUSETTS.

PART I.

OF THE INTERNAL ADMINISTRATION OF THE

GOVERNMENT.

TITLE I.

OF THE JURISDICTION OF THE COMMONWEALTH, LEGISLATURE, STATUTES, PUBLIC REPORTS, AND DOCUMENTS, STATE LIBRARY, AND OTHER PUBLIC PROPERTY.

CHAPTER I.

OF THE JURISDICTION OF THE COMMONWEALTH AND PLACES CEDED TO THE UNITED STATES.

SECT. 3. Jurisdiction ceded to the United States over additional places, as follows: Tracts of land in Charlestown. St. 1862, c. 195. - St. 1867, c. 35.- St. 1868, c. 249. Additional tract on Long Point in Provincetown. St. 1864, c. 77. Tract of land in Malden. St. 1864, c. 283. Winter Island in Salem Harbor. St. 1865, c. 109. Additional tract in Watertown. St. 1867, c. 259. Tract at Woods's Hole in Falmouth. St. 1867, c. 288. Parts of Long Island in Boston Harbor. (St. 1867, c. 314). St. 1868, c. 292. St. 1868, c. 293. Parts of Gallup's Island and Point Alderton in Boston Harbor. St. 1867, c. 315. Lot on Water, Milk, and Devonshire Streets in Boston for a Post Office and U. S. Treasury. St. 1868, c. 323. Sites of Fort Andrew and Fort Standish at entrance of Plymouth Harbor. St. 1869, c. 458.

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