9 safety and convenience of the public shall, in the 10 opinion of the mayor and aldermen of said city, re11 quire; and if the owners of such abutting lots shall, 12 after reasonable notice given by the said mayor and 13 aldermen, neglect or refuse to grade such street or 14 way in manner aforesaid, it shall be lawful for the 15 said mayor and aldermen to cause the same to be 16 graded as aforesaid, and the expense thereof shall, 17 after due notice to the parties interested, be equita18 bly assessed upon the owners of such abutting lots, 19 by the said mayor and aldermen, in such proportions 20 as they shall judge reasonable; and all assessments 21 so made shall be a lien upon such abutting lands, in 22 like manner as taxes are now a lien upon real estate; 23 provided, always, that nothing contained in this act 24 shall be construed to affect any agreements hereto25 fore made respecting any such streets or ways as 26 aforesaid, between such owners and said city.

1 SECT. 2. No street or way shall hereafter be 2 opened as aforesaid in said city, of a less width than 3 thirty feet, except with the consent of said mayor 4 and aldermen, in writing, first had and obtained for 5 that purpose.

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SECT. 3. This act shall take effect in thirty days 2 from the passing thereof, unless the City Council 3 of said city shall, within that time, vote not to accept 4 the same.

Commonwealth of Massachusetts.

In the Year One Thousand Eight Hundred and FortyFive.

AN ACT

Concerning Principals, Factors and Agents.

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. Every person in whose name any mer2 chandise shall be shipped for sale, shall be deemed to 3 be the true owner thereof, so far as to entitle the con4 signee of such merchandise to a lien thereon, for any 5 money advanced, or securities given, to the shipper 6 thereof, for, or on account of such consignment: pro7 vided, that the lien aforesaid, shall not exist when

8 such consignee shall have notice, by the bill of lading, 9 or otherwise, at, or before the time of the advancing 10 of money, as aforesaid, or giving such securities that 11 such person is not the actual and bona fide owner 12 thereof: and provided also, that the merchandise so 13 shipped was in lawful possession of the shipper at the 14 time of shipment.

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1 SECT. 2. Every factor or other agent entrusted 2 with the possession of any merchandise for the purpose of sale, or any bill of lading, consigning the same 4 to such factor or agent for that purpose, shall be 5 deemed to be the true owner thereof, so far as to give 6 validity to any bona fide contract made by such factor 7 or agent with any other person for the sale of the 8 whole or any part of such merchandise.

SENATE, March 20, 1845.

Passed to be engrossed.

Sent down for concurrence,

CHARLES CALHOUN, Clerk.

Commonwealth of Massachusetts.

HOUSE OF REPRESENTATIVES, March 25, 1845.

The Joint Special Committee, to whom was referred the several messages of his Excellency the Governor, in relation to the treatment of the Hon. Samuel Hoar, in South Carolina, and the Hon. Henry Hubbard, in Louisiana, and also an order of the House of Representatives of March 18, 1845,-have had the several subjects under consideration, and ask leave to present the annexed Report and Resolves.

For the Committee,

JOSEPH BELL.

Commonwealth of Massachusetts.

REPORT.

The Committee have already presented a full report on the treatment of the Hon. Samuel Hoar, in South Carolina; to this, on that subject, they have nothing to add.

When that report was presented, official information had not been transmitted to the Committee, of the result of the mission of the Hon. Henry Hubbard to Louisiana. This has now been presented to and considered by the Committee.

The subject of controversy referred to in the message of his Excellency the Governor, between Massachusetts and her sister States of Louisiana and South Carolina, demand and must receive the profound consideration of every state in the Union.

Massachusetts is not alone interested in this matter. It deeply and vitally concerns the whole Union, and all its parts. The claim of Massachusetts is simply that her citizens may have secured to them the personal and commercial rights guaranteed to them by the Constitution and laws of the nation, while pursuing their lawful callings in the other states of the Union.

These rights, Louisiana and South Carolina deny to a certain description of the citizens of Massachusetts, not on account of crime charged, or proved, or committed, but simply and solely on account of origin, race and color.

Against this great injustice, Massachusetts has remonstrated, but without effect; she has endeavored to present the violated