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Commonwealth of Massachusetts.

. . IN SENATE, March 15, 1878. The Committee on Towns, to whom was referred the petition of the town of Wilbraham, by its duly authorized committee. for a division of the territory of said town; of Decius Beebe and four others, of William V. Sessions and one hundred and sixty-nine others, and of John M. Merrick and three hundred and eleven others, all of said Wilbraham, and all in aid of the same petition, also the petition of Waiter Hitchcock and twelve others of the same town, praying that, in case of such division, they and their estates mar belong in the “ North town," — after due notice to the parties interested, and a hearing upon the case, and consideration of the same, report the accompanying Bill.

For the Committee,


Commonwealth of Massachusetts.

In the Year One Thousand Eight Hundred and Serenty-Eight.


To divide the Town of Wilbraham, and incorporate the

Town of Hampden.

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

1 Sect. 1. All the territory now within the town 2 of Wilbraham, in the county of Hampden, which 3 lie's southerly of the following-described line, — that 4 is to say, beginning at a stone monument on the 5 east line of the town of Longmeadow, and eighteen 6 hundred and thirty-two feet southerly by said line 7 from the stone monument marking the north-east 8 course of said town of Longmeadow; thence south 9 eighty-eight degrees and twenty-five minutes east, 10 fourteen thousand one hundred and fifty-eight feet 11 to a stone monument; thence north twenty-seven 12 degrees and fifteen minutes east, three thousand 13 three hundred and thirty-two feet to a stone monu

14 ment; thence south eighty-eight degrees and twen· 15 ty-five minutes east, nine thousand eight hundred

ne monu

16 and fifteen feet to a stone monument on the west 17 line of the town of Monson, — is hereby incorporated 18 into a town by the name of Hampden ; and the said 19 town of Hampden is hereby invested with all the 20 powers, privileges, rights, and immunities, and is ?l subject to all the duties and requirements, to which A other towns are entitled and subjected by the consti33 tution and laws of this Commonwealth.

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1 SECT. 2. The inhabitants of said town of Hamp2 den shall be holden to pay all arrears of taxes which 3 have been legally assessed upon them by the town 4 of Wilbraham, and also their proportion of all 5 county and state taxes that may be assessed upon 6 the town of Wilbraham previously to the taking of ī the next state valuation, the same to be ascertained 8 and determined by the last valuation in said Wilbra9 ham; and such proportion of all county and state 10 taxes, as well as all taxes heretofore assessed and ll not collected, shall be collected and paid to the 12 treasurer of the town of Wilbraham, together with 13 all interest on taxes now in the hands of the col14 lector, in the same manner as if this act had not. 15 been passed.

1 SECT. 3. Said towns of Wilbraham and Hamp2 den shall be respectively liable for the support of all 3 persons who now do or shall hereafter stand in need # of relief as paupers whose settlement was gained, 5 whether by original acquisition or derivation, within • 6 their respective limits; and the town of Hampden i shall also pay annually to the town of Wilbraham

8 its proportion of all the expenses incurred by the 9 town of Wilbraham by reason of any settlement 10 acquired in Wilbraham in consequence of military 11 service in the war of the rebellion: provided that 12 the person who rendered such military service was 13 not, at the time of his enlistment, an inhabitant of 14 Wilbraham.

1 Sect. 4. All suits and proceedings, at law or in 2 equity, where the cause of action in favor of or 3 against the town of Wilbraham arose before the 4 passage of this act, may be instituted and prosecuted 5 or defended, as the case may be, by either or both 6 of the towns of Wilbraham and Hampden, or the 7 inhabitants thereof, in their corporate capacity, in the 8 same manner and with the same effect as the town 9 of Wilbraham might have instituted and prosecuted 10 or defended such suits or proceedings had this act not 11 been passed; and the amount recovered in any such 12 suit or proceeding by or against said town of Wilbra13 ham, or said town of Hampden, shall be received or

14 paid, as the case may be, by the towns of Wilbra- 15 ham and Hampden, in the same proportions as the

16 public property and debts of the town of Wilbra17 ham are required to be divided by this act: provided 18 that neither of said towns shall be liable for costs to 19 the other, unless it appears in the suit; nor shall 20 either town be so liable, unless it appears in a suit, 21 for costs to the defendant therein, but only that 22 town which appears be so liable for costs.


Sect. 5. The corporate property belonging to the

2 town of Wilbraham at the date of the passage of 3 this act, excepting such as may otherwise be law4 fully disposed of, and the public debt of said town, 5 shall be divided between the towns of Wilbraham 6 and Hampden, according to the valuation of the i property within their respective limits, as assessed

May first, in the year eighteen hundred and seventy9 seven; and said town of Hampden shall receive 10 from said town of Wilbraham a proportionate part 11 of whatever amount may hereafter be refunded to 12 said town of Wilbraham, from the state or the 13 United States, to reimburse said town of Wilbraham 11 for bounties or state aid to soldiers or their families, 15 after deducting all reasonable expenses; and said 16 towns of Wilbraham and Hampden shall bear the 17 expense of making the survey and establishing the 19 line between said towns, in the same proportions as 19 the public property and debts of said town of Wil20 braham are required to be divided by this act.

1 SECT. 6. In case said towns of Wilbraham and ? Hampden shall not agree in respect to a division of 3 property, debts, or state or county taxes, the supe-, A rior court for the county of Hampden shall, upon a 5 petition of either town, appoint three competent 6 and disinterested persons as commissioners to hear ī the parties, and award thereon, and their award, or 8 the award of any two of them, being accepted by 9 said court, shall be final, and said petition may be 10 filed and appointments made in vacation ; and said 11 court shall have jurisdiction to render judgment or 12 make any order or decree upon said award, to issue

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