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Full text of "Acts and resolves passed by the General Court"


/ - , 




ACTS 



RESOLVES 



PASSED BY THE 



(ii^nxral dfourt of ^^assadmscttji, 



IN THE TEAR 

1906, 

TOGETHER WITH 

THE CONSTITUTION, THE MESSAGES OF THE GOVERNOR, 

LIST OF THE CIVIL GOVERNMENT, TABLES SHOWING 

CHANGES IN THE STATUTES, CHANGES OF 

NAMES OF PERSONS, ETC., ETC. 



PUBLISHED BT THE 

SECRETARY OF THE COMMONWEALTH. 




BOSTON : 

WRIGHT & POTTER PRINTING CO., STATE PRINTERS, 

18 Post Office Square. 

1906. 



A CONSTITUTION 



FORM OF GOYERNMEIS^T 



Commoiitotaltlj of glassatljitsdts. 



PREAMBLE. 

The end of the institution, maintenance, and administra- objects of 
tion of government, is to secure the existence of the body go^e>'n™e"*' 
politic, to protect it, and to furnish the individuals who 
compose it with the power of enjoying in safety and tran- 
quillity their natural rights, and the blessings of life : and 
whenever these great objects are not obtained, the people 
have a right to alter the government, and to take meas- 
ures necessary for their safety, prosperit}^, and happiness. 

The body politic is formed by a voluntary association Body pontic, 
of individuals : it is a social compact, by which the whole ite^f°ui°^^''' 
jieople covenants with each citizen, and each citizen with 
the whole people, that all shall be governed by certain 
laws for the common good. It is the duty of the people, 
therefore, in framing a constitution of government, to pro- 
vide for an equitable mode of making laws, as well as for 
an impartial interpretation and a faitliful execution of 
them ; that everj^ man may, at all times, find his security 
in them. 

AYe, therefore, the people of Massachusetts, acknowl- 
edging, with grateful hearts, the goodness of the great 
Legislator of the universe, in affording us, in the course 
of His providence, an opportunity, deliberately and peace- 



COXSTITUTION OF THE 

ably, Avithout fraud, violence, or surprise, of entering into 
an original, explicit, and solemn compact Avith each other ; 
and of formino; a new constitution of civil government, 
for ourselves and posterity ; and devoutly imploring His 
direction in so interesting a design, do agree upon, ordain, 
and establish, the foUoAving Declaration of Rights, and 
Frame of Government, as the Coxstitutiox of the Com- 
monwealth or Massachusetts. 



Equality and 
natural rights 
of all meu. 



Right and duty 
of public relig- 
ious worship. 
Protection 
therein. 
2 Cush. 104. 
12 AUen, 129. 



Amendments, 
Art. XI. substi- 
tuted for this. 



Legislature 
empowered to 
compel provi- 
tion for public 
worship; 



PAET THE FIRST. 

A Declaration of the Rights of the Inhabitants of the 
Commonwealth of Massachusetts. 

Article I. All men are born free and equal, and haA'e 
certain natural, essential, and unalienable rights ; among 
Avhich may be reckoned the right of enjoying and defend- 
ing their lives and liberties ; that of acquiring, possess- 
ing, and protecting property ; in fine, that of seeking and 
obtaining their safety and happiness. 

n. It is the right as Avell as the duty of all men in 
society, publicly, and at stated seasons, to A\^orsliip the 
SuPREivrE Being, the great Creator and PreserA^er of the 
universe. And no subject shall be hurt, molested, or 
restrained, in his person, liberty, or estate, for Avorship- 
ping God in the manner and season most agreeable to the 
dictates of his OAvn conscience ; or for his religious pro- 
fession of sentiments ; proAdded he doth not distiu'b the 
public peace, or obstruct others in their religious A\'orship. 

in. [As the happiness of a people, and the good order 
and preservation of civil government, essentially depend 
upon piety, religion, and morality ; and as these cannot 
be generally diffused thi'ough a community but b}' the 
institution of the public Avorship of God, and of public 
instructions in piety, religion, and morality : Therefore, 
to promote their happiness, and to secure the good order 
and preserA^ation of their goA^ernment, the people of this 
common Avealth have a riglit to invest their legislature Avith 
poAver to authorize and require, and the legislature shall, 
from time to time, authorize and requk'e, the several toAvns, 
parishes, precincts, and other bodies politic, or religious 
societies, to make suitable provision, at their OA\ni expense, 
for the institution of the public Avorship of God, and for 



COMMONWEALTH OF MASSACHUSETTS. 5 

the support and maintenance of public Protestant teachers 
of piety, rehgion, and moralit}^ in all cases where such 
provision shall not be made voluntarily. 

And the people of this commonwealth have also a right attTu'dance^*''" 
to, and do, invest their legislature with authority to enjoin thereon. 
upon all the subjects an attendance upon the instructions 
of the public teachers aforesaid, at stated times and sea- 
sons, if there be any on whose instructions they can con- 
scientiously and conveniently attend. 

Provided, notwithstanding, that the several towns, par- Exclusive right 
ishes, precincts, and other bodies politic, or religious socie- iouaTe^hlr^'^' 
ties, shall, at all times, have the exclusive right of electing secured. 
their public teachers, and of contracting with them for 
their support and maintenance. 

And all moneys paid by the subject to the support of whomVa^rochiai 
public worship, and of the public teachers aforesaid, shall, ^fair^leVr 
if he require it, be uniformly applied to the support of the etc ' 
public teacher or teachers of his own religious sect or de- 
nomination, provided there be any on whose instructions 
he attends ; otherwise it may be paid towards the support 
of the teacher or teachers of the parish or precinct in which 
the said moneys are raised. 

And ever}" denomination of Christians, demeaning them- Aii denomina- 
selves peaceably, and as good subjects of the commonwealth, protected! ^ 
shall be equally under the protection of the law : and no subordination 
subordination of any one sect or denomination to another anothwrn"" 
shall ever be established by law.] hibited. 

IV. The people of this commonwealth have the sole Right of .^eif 
and exclusive right of governing themseh^es, as a free, fecured"^'^ 
sovereign, and independent state ; and do, and forever 
hereafter shall, exercise and enjoy every power, jurisdic- 
tion, and right, which is not, or may not hereafter be, by 

them expressly delegated to the United States of America, 
in Congress assembled. 

V. All power residing originally in the people, and ^f°Xo"fflc''e'ri^^ 
being derived from them, the several magistrates and etc. 
officers of government, vested with authority, whether 
legislative, executive, or judicial, are their substitutes 

and agents, and are at all times accountable to them. 

VI. No man, nor corporation, or association of men, services reu- 
have any other title to obtain advantages, or particular pubHcbe\nK 
and exclusive privileges, distinct from those of the com- p^c °i°ar pJui-*' 
munity, than what arises from the consideration of ser- leges.beredi 

"i 1, , ,T 1.. . ^ . . *^'"y offices are 

Vices rendered to the public; and this title being m absurd and 
nature neither hereditan^ nor transmissible to children, ^'^^ """^ ■ 



CONSTITUTIOX OF THE 



Objects of gov- 
ernment; right 
of people to 
inetitnte and 
change it. 



Right of people 
to secure rota- 
tion in office . 



All, having the 
qualifications 
prescribed, 
equally eligible 
to office. i''or 
the definition of 
" inhabitant," 
see Ch. 1, Sect. 
2, Art. II. 
Right of protec- 
tion and duty of 
contribution 
correlative. 
Taxation 
founded on 
consent. 
16 Mass. 328. 
1 Pick. 418. 
7 Pick. 314. 
12 Pick. 184, 467. 
16 Pick. 87. 
23 Pick. 360. 
7 Met. 388. 
4 Gray, 474. 
7 Gray, 363. 
14 Gray, 154. 
1 Allen, 150. 
4 Allen, 474. 

Private prop- 
erty not to be 
taken for public 
uses without, 

6 c'ueh 327. 
14 Gray, 155. 
16 Gray, 417, 
431. 



Remedies, by 
recourse to the 
law, to be free, 
complete and 
prompt. 



or descendants, or relations by blood, the idea of a man 
born a magistrate, lawgiver, or judge, is absurd and 
unnatural. 

VII. Government is instituted for the common good ; 
for the protection, safety, prosperity, and happiness of the 
people ; and not for the profit, honor, or private interest 
of any one man, family, or class of men : Therefore the 
people alone have an incontestable, unalienable, and inde- 
feasible right to institute government ; and to reform, 
alter, or totalh^ change the same, when their protection, 
safety, prosperity, and happiness requu-e it. 

VIII. In order to prevent those who are vested with 
authority from becoming oppressors, the people have a 
right, at such periods and in such manner as the}^ shall 
establish by their frame of government, to cause their 
public officers to return to private life ; and to fill up 
vacant places by certain and regular elections and appoint- 
ments. 

IX. All elections ought to be free ; and all the inhab- 
itants of this commonwealth, having such qualifications as 
they shall estiiblish by theii* frame of government, have an 
equal right to elect officers, and to be elected, for public 
employments . 122 Mass. 595, 596. 

X. Each individual of the society has a right to be 
protected by it in the enjojaiient of his life, liberty, and 
property, according to standing laws. He is obhged, cou- 
sequentl}', to contribute his share to the expense of this 
protection ; to give his personal service, or an equivalent, 
when necessary : but no part of the property of an}-^ indi- 
vidual can, with justice, be taken from him, or applied to 
public uses, without his own consent, or that of the repre- 
sentative body of the people. In fine, the people of this 
commonwealth are not controllable by an}^ other laws 
than those to which their constitutional representative 
])ody have given their consent. And whenever the pub- 
lic exigencies require that the property of any individual 
should be appropriated to public uses, he shall receive a 
reasonable compensation therefor. 

1 Allen, 150. 103 Mass. 120, 624. 113 Mass. 45. 127 Mass. ."iO, 52, 

11 Allen, 630. 106 Mass. 356, 362. 116 Mass. 463. 3')8, 363, 410, 413. 

12 Allen, 223, 230. 108 Mass. 202, 213. 126 Mass. 42S, 441. 129 Mass. 559. 
100 Maes. 544, 560. Ill Mass. 130. 

XI. Every subject of the commonwealth ought to find 
a certain remedy, b}'^ having recourse to the laws, for all 
injuries or wrongs which he maj' receive in his person, 
property, or character. He ought to obtain right and 



COMMONWEALTH OF MASSACHUSETTS. 7 

justice freely, and without being obliged to pm-chase it ; 
completely, and without any denial ; promptly, and with- 
out delay ; conformably to the laws. 

Xn. No subject shall be held to answer for any crimes Prosecutions 
or offence, until the same is fully and plainly, substantially 8 pick. 211. 
and formally, described to him ; or be compelled to accuse, is pick. 434. 
or furnish evidence against himself. And every subject 2\fet.'329!"' 
shall have a right to produce all proofs that may be favor- PGy'^y^i^**^- 
able to him ; to meet the witnesses against him face to face, & Gray', leo. 
and to be fully heard in his defence by himself, or his 10 Gray ."li." 
counsel, at his election. And no subject shall be arrested, 2 AUei'zei.' 
imprisoned, despoiled, or deprived of his property, immu- 246f264°4l9^~ 
nities, or privileges, put out of the protection of the law, ja^iien no 
exiled, or deprived of his life, liberty, or estate, but by the 97 Mass.'oTo, 
judgment of his peers, or the law of the land. lo'oMass. 287, 

107 Mass. 172, 180. 118 Mass. 443, 451. 122 Mass. 332. 127 Mass. 550, 554. lOs'Mass. 418. 

108 Mass. 5, 6. 120 Mass. 118, 120. 124 Mass. 464. 129 Mass. 559. 

And the leo-islature shall not make anv law that shall Rig>t to tdai 

* . . , " . , "y jury in 

subiect any person to a capital or infamous punishment, criminal cases, 

GXCGTit etc 

excepting; for the o-overnment of the army and navy, with- 8'Gray',329,373, 

. : ■ 1%. ■ ^ ' *^ 103 Mass. 418. 

out trial by jury. 

Xni. In criminal prosecutions, the verification of facts. Crimes to be 
in the vicinity where they happen, is one of the great- ^'c°inity!°^ ^ 
est securities of the life, liberty, and propert}^ of the j2iM'^aBs!*6'i,G2. 
citizen . 

XIV. Every subiect has a rio-ht to be secure from all R'giit ?f search 

J J & , and seizure 

unreasonable searches, and seizures, of his person, his 'fs^iated _^ 
houses, his papers, and all his possessions. All warrants, Amendtiv."' 
therefore, are contrary to this right, if the cause or founda- scush. seb. 
tion of them be not previously supported by oath or affir- l3^GrIy,^454. 
mation, and if the order in the warrant to a civil officer, to J^'Ma^s ^ife 
make search in suspected places, or to arrest one or more Jl^/jj^^g ogg' 
suspected persons, or to seize their property, be not accom- 273. 
panied with a special designation of tlie persons or objects 
of search, arrest, or seizure : and no warrant ought to be 
issued but in cases, and with the formalities prescribed by 
the laws. 

XV. In all controversies concerning property, and in Right to trial 
all suits between two or more persons, except in cases in exclp'tfeTc!'^^'^' 
which it has heretofore been otherways used and practised, Amendn^viL'' 
the parties have a right to a trial by jury ; and this method 2 ^i^|-'^^| 
of procedure shall be held sacred, unless, in causes arising 5Gray, i«. 

\l1 1 • 1 1 1 1 , . • , ^ 8 Gray, 373. 

on the high seas, and such as relate to mariners wajres, 11 Alien, 574, 
the legislature shall hereafter find it necessary to alter it. io2'Ma6s.45,47. 

114 Mass. 388, 390. 122 Mass. 505, 516. 125 Mass. 182, 188. 
120 Mass. 320, 321. 123 Mass. 590, 593. 128 Mass. 600. 



COXSTITUTIOX OF THE 



Liberty of the 
press." 



Right to lieep 
and bear arms. 
Standing armies 
dangerous. 
Militarj' power 
subordinate to 
civil. 
Gray, 121. 



Moral qualifica- 
tions for office. 



Moral obliga- 
tions of law- 
givers and 
uiagistrates. 



Right of people 
to instruct rep- 
resentatives 
and petition 
legislature. 



Power to sus- 
pend the laws 
or their execu- 
tion. 



Freedom of de- 
bate, etc., and 
reason thereof. 



Frequent ses. 
sions, and ob- 
jects thereof. 



Taxation 
founded on 
consent. 
8 Allen, -Ja;. 



XVr. The liberty of the press is essential to the secu- 
rity of freedom in a state : it ouaht not, therefore, to be 
restrained in this conimon wealth. 

XVII. The people have a right to keep and to bear 
arms for the common defence. And as, in time of peace, 
armies are dangerous to liberty, the}' ought not to be 
maintained without the consent of the legislature ; and 
the militar}' poAver shall always be held in an exact subor- 
dination to the civil authority, and be governed by it. 

XVIII. A frequent recurrence to the fundamental 
principles of the constitution, and a constant adherence 
to those of i^iety, justice, moderation, temperance, indus- 
try, and frugality, are absolutely necessary to preserve the 
advantages of liberty, and to maintain a free government. 
The people ought, consequenth^ to have a particular atten- 
tion to all those principles, in the choice of their officers 
and representatives : and they have a right to require of 
their lawgivers and magistrates an exact and constant 
observance of them, in the formation and execution of the 
laws necessar}' for the good administration of the common- 
wealth. 

XIX. The people have a right, in an orderly and peace- 
able manner, to assemble to consult upon the common 
good; give instructions to theu' representatives, and to 
request of the legislative body, by the way of addresses, 
petitions, or remonstrances, redress of the wrongs done 
them, and of the grievances they suft'er. 

XX. The power of suspending the laws, or the execu- 
tion of the laws, ought never to be exercised but by the 
legislature, or by authority derived from it, to be exer- 
cised in such particular cases only as tlic legislature shall 
expres.sly provide for. 

XXI. The freedom of deliberation , speech, and debate , 
in either house of the legislature, is so essential to the 
rights of the people, that it cannot be the foundation of 
any accusation or prosecution, action or complaint, in any 
other court or place whatsoever. 

XXII. The legislatiu'e ought frequently' to assemble 
for the redress of grievances, for coiTecting, strengthening, 
and confirming tlie laws, and for making new laws, as the 
common good may require. 

XXIII. Xo subsidy, charge, tax, impost, or duties 
ought to be established, fixed, laid, or levied, under any 
pretext whatsoever, without the consent of the people or 
their representatives in the legislature. 



COMMONWEALTH OF MASSACHUSETTS. 9 

XXIV. Laws made to punish for actions done before ek post facto 
the existence of such laws, and which have not been de- il^ifen, 42if " 
clared crimes by preceding laws, are unjust, oppressive, ^'*2^''*^- 
and inconsistent with the fundamental principles of a free 
government. 

XXV. No subject ought, in any case, or in any time. Legislature not 
to be declared guilty of treason or felony by the legis- treason' etc. 
lature. 

XXVI. No magistrate or court of law shall demand or^flne^Jrand*'^ 
excessive bail or sm-eties, impose excessive fines, or inflict cruel punish- 

' A^ ' ments, pro- 

cruel or unusual punishments. 5 Gray, 482. hiwted. 

XXVn. In time of peace, no soldier ought to be quar- No soldier to i)e 
tered in any house without the consent of the owner ; and house7unie88°^ 
in time of war, such quarters ought not to be made but ***'• 
by the civil magistrate, in a manner ordained by the legis- 
lature . 

XXVin. No person can in any case be subject to law- citizens exempt 
martial, or to an}^ penalties or pains, by virtue of that law, tiai, unless, etc. 
except those employed in the army or navy, and except 
the militia in actual service, but by authority of the legis- 
lature. 

XXIX. It is essential to the preservation of the rights Judges of su- 
of every individual, his life, libert}^ property, and charac- court? ''"^'"''^ 
ter, that there be an impartial interpretation of the laws, iGra^,«2. 
and administration of justice. It is the right of (?verv 7;|}|^°•3g^ 
citizen to be tried bj'' judges as free, impartial, and inde- los Mass. 219, 
pendent as the lot of humanity Avill admit. It is, therefore, Tenure'of their 
not only the best policy, but for the security of the rights ° 

of the people, and of ever}^ citizen, that the judges of the 
supreme judicial com-t should hold their offices as long as 
tlie}^ behave themselves well ; and that they should have 
honorable salaries ascertained and established bv standing; Salaries, 
laws . 

XXX. In the government of this commonwealth, the Separation of 
legislative department shall ncA^er exercise the executive cfal^anTie^^s." 
and judicial powers, or either of them : the executive shall ment's^^^'*''' 
never exercise the legislative and judicial powers, or either 2 iuen' sei" 
of them : the iudicial shall never exercise the leoislativc L4il®°''^L?'^'^' 

. .1 PI , O T . 100 Mass. 282, 

and executive powers, or either 01 them : to the end it 286. 

mav be a government of laws and not of men. 249. '**'^" '' 

116 Mass. 317. 129 Mass. 559. 



10 



CONSTITUTION OF THE 



PART THE SECOND. 

The Frame of Government. 

™e of body "pj^g people, inhabiting the territory formerly called the 

Province of Massachusetts Bay, do hereb}' solemnly and 
mutually agree with each other, to form themselves into a 
free, sovereign, and independent body politic, or state, by 
the name of The Comivioxwealth of Massachusetts. 



CHAPTER I. 



Legislative 
department. 



For change of 
time, etc., see 
amendmentB, 
Art, X. 



Governor's 

veto. 

99 Mass. 636. 



Bill may be 
passed by two- 
thirds of each 
house, notwith- 
standing. 



THE LEGISLATIVE POWER. 

Section I. 
77^6 General Court. 

Article I. The department of legislation shall be 
formed by two branches, a Senate and House of Represent- 
atives ; each of which shall have a negative on the other. 

The legislative body shall assemble every year [on the 
last Wednesday in May, and at such other times as they 
shall judge necessary ; and shall dissolve and be dissolved 
on the day next preceding the said last Wednesday in 
May;] and shall be styled, The General Court of 
Massachusetts . 

II. No bill or resolve of the senate or house of repre- 
sentatives shall become a law, and have force as such, until 
it shall have been laid before the o-overnor for his revisal ; 
and if he, upon such revision, approve thereof, he shall 
signify his approbation by signing the same. But if he 
have any objection to the passing of such bill or resolve, he 
shall return the same, together with his objections thereto, 
in writing, to the senate or house of representatives, in 
whichsoever the same shall have originated ; who shall 
enter the objections sent down by the governor, at large, 
on their records, and proceed to reconsider the said bill or 
resolve. But if after such reconsideration, two- thirds of 
the said senate or house of representatives, shall, notwith- 
standing the said objections, agree to pass the same, it 
shall, together with the objections, be sent to the other 
branch of the legislature, where it shall also be reconsid- 
ered, and if approved by tAvo-thirds of the members })res- 
ent, shall have the force of a laAV : l>ut in all such cases, 



COMMONWEALTH OF :MASSACHUSETTS. U 

the votes of both houses shall be determined by yeas and 
nays ; and the names of the persons voting- for, or against, 
the said bill or resolve, shall be entered upon the public 
records of the commonwealth. 

And in order to prevent unnecessary delays, if any bill in case of ad- 
or resolve shall not be returned by the governor within thegenerai° 
five days after it shall have been presented, the same shall the five daj°, 
have the force of a law. 3 Mass. 567. SrArt.i. 

III. The general court shall forever have full power General court 
and authority to erect and constitute judicatories and judicatories" "^ 
com-ts of record, or other courts, to be held in the name o?dre^tc°.* '^^*'' 
of the commonwealth, for the hearing, trying, and deter- I^q^I'^^-j 
mining of all manner of crimes, oifences, pleas, processes, 154. 
plaints, actions, matters, causes, and things, whatsoever, 

arising or happening within the commonwealth, or between 
or concerning persons inhabiting, or residing, or brought 
within the same : wliether the same be criminal or civil, 
or whether the said crimes be capital or not capital, and 
whether the said pleas be real, personal, or mixed ; and 
for the awarding and making out of execution thereupon. 
To which courts and iudicatories are hereby o-iven and courts, etc. 

•f _ ^ ./ o _ may administer 

gi'anted full power and authority, trom time to time, to oaths. 
administer oaths or affirmations, for the better discovery 
of truth in any matter in controversy or depending before 
them. 

IV. And further, full power and authority are hereby General court 

n J 1 , ii • 1 T i "c ,• 1' may enact laws, 

given and granted to the said general court, trom time to etc. 
time to make, ordain, and establish, all manner of whole- 4 Alien', 473. 
some and reasonable orders, laws, statutes, and ordinances, ^li^^^^' '^^' 
directions and instructions, either with penalties or with- 100 Mass. 544, 
out ; so as the same be not repugnant or contrary to this ne Mass. 467, 
constitution, as they shall judge to be for the good and may enact 
welfare of this conmion wealth, and for the government repugnlnt to * 
and ordering thereof, and of the subjects of the same, and g'^^ii^eu^^s^"""' 
for the necessary support and defence of the government 
thereof; and to name and settle annually, or provide b}^ may provide 
fixed laws for the naming and settling, all civil officers or'^appoiutment 
within the said commonwealth, the election and consti- ns^Mass^'eo^. 
tution of whom are not hereafter in this form of govern- 
ment otherwise provided for ; and to set forth the several thSr^dSue^s!"''^ 
duties, powers, and limits, of the several civil and military 
officers of this commonwealth, and the forms of such 
oaths or affirmations as shall be respectivel}^ administered 
unto them for the execution of their several offices and 
places, so as the same be not repugnant or contrary to 



12 CONSTITUTIOX OF THE 

Srimpose"^* this constitution ; and to impose and levy proportional 

iI'm^'I^m '^"^ reasonable assessments, rates, and taxes, upon all the 

5AUen,'428.' inhabitants of, and persons resident, and estates lying, 
sAUen'247,'253. within the said oonnnonTrealth ; and also to impose and 

n lulu' 268.' lev}^ reasonable duties and excises upon an}^ produce, 
■235^23T'24o"'"'' .U'oods, warcs, merchandise, and commodities, whatsoever, 

313' 500*612' 'wrought into, produced, manufactured, or being within 

08 Mass. 19. thc saiiic ; to be issued and disposed of by Avarrant, under 

loiMaeeisTs" the hand of the governor of this commonwealth for the 

103'Mase. 267. time being, Avith the advice and consent of the council, 

.391.^"*^'^^^' for the public service, in the necessary defence and sup- 

118 Mass' 386' P^rt of the govemmcnt of the said commonwealth, and 

?^o\r .^, the protection and preservation of the subjects thereof, 

123 Mass. 493, ^ i 1 n 1 • ^ • 1 • 

495. accordmo^ to such acts as are or shall be in lorce within 

127 Mass. 413. , "- 

maj- impose tne samc. 
mspoeed^o/for^ -^"^1 '^vhilc the public charges of government, or an}' 
^on ete ^'"°***'" part thereof, shall be assessed on polls and estates, in the 
s Alien, 247, 256. manner that has hitherto been practised, in order that 
estites'once^in such asscssmcnts may be made wdth equality, there shall 
ilasrwhiie^etc. 1^^ ^ Valuation of estates wdthin the commonwealth, taken 
?o^yf°' HI- anew^ once in every ten years at least, and as much oftener 

126 Maes. 54/. i " 1 ii i 

as the general court shall order. 

For the authority of the general court to charter cities, see amendmeuts, Art. II. 



CHAPTER I. 

Section H. 

Senate. 

ofTandby""^^" AnTiCLE I. [Thcrc shall be annually elected, by the 
whom elected, freeholders and other inhabitants of this commonw^ealth. 

Superseded by t /» t • ^ • ... • i i /• 

amendments, (jualifaed as lu this coustitutiou IS providcd, lorty persons 
which was also to be couucillors and senators for the A^ear ensuing their 
aS'en'draents,^ clcctlon ; to bc choscn by the inhabitants of the districts 
Art. XXII. -j^^^ Avhich the commonwealth may, from time to time, be 
diyided by the general court for that pm-posc : and the 
general court, in assigning the numbers to be elected by 
the respective districts, shall govern themselves by thc pro- 
portion of the public taxes paid by the said districts ; and 
For provision as timclv malvc kuown to thc inhabitants of the common- 

to councillors, i "i 1 1 • • c it- i 1 1 r 

see amend- Avcalth thc limits ot cach district, and tlie number oi coun- 

mens, . r. ciUors and senators to be chosen therein ; provided, that 

the number of such districts shall never be less than thir- 



COMMONWEALTH OF MASSACHUSETTS. 13 

teen ; and that no district be so large as to entitle the 
same to choose more than six senators. 

And the several counties in this connnonwealth shall, diXct?, untu, 
until the general court shall determine it necessar}' to etc 
alter the said districts, be districts for the choice of coun- 
cillors and senators, (except that the counties of Dukes 
Count}^ and Nantucket shall form one district for that pur- 
pose) and shall elect the following number for councillors 
and senators, viz. :. — Suffolk, six ; Essex, six ; Middlesex, 
five ; Hampshire, four ; Plymouth, three ; Barnstable, one ; 
Bristol, three ; York, two ; Dukes Count}^ and Xantucket, 
one ; Worcester, five : Cumberland, one ; Lincoln, one ; 
Berkshu'c, two.] 

II. The senate shall be the first branch of the legislat- Jf^°°feho^,i„g 
ure ; and the senators shall be chosen in the following man- eenators and ' 

. , , ,, . , rn -\ T ^ • councillors. See 

ner, viz. : there shall be a meetmo- on the first Mondav m amendments, 

. • Arts X and 

April,] annually, forever, of the inhabitants of each town xv." As 
in the several counties of this commonwealth ; to be called amendments, 
by the selectmen, and warned in due course of law, ^t ^^-J^r^^^^ ^^ ^^ 
least seven davs before the Ffirst Mondav in April,] for qualifications of 

•; . I- ^ J. ' J voters, siiper- 

the purpose of electing persons to be senators and coun- eededbyamend- 
cillors ; [and at such meetings ever}^ male inhabitant of iii.,xx., 
twenty-one years of age and upwards, having a freehold xxx.,xxxi. 
estate within the commonwealth, of the annual income of word^hihabi- 
three pounds, or an}" estate of the value of sixty pounds, I'^J'ais'Jffm'end- 
shall have a rio-ht to give in his vote for the senators for ments. Ait. 

1 T • /•I'll" -IT- n i. 1 J XXIU., which 

the district ot which he is an inhabitant. And to remove was annulled by 
all doubts concerning the meaning of the word " inhabi- 12 dray. 21.' 
tant " in this constitution, every person shall be considered 122 Mass. a9o, 
as an inhabitant, for the purpose of electing and being- 
elected into an}' office, or place within this state, in that 
town, district, or plantation where he dwelleth, or hath 
his home. 

The selectmen of the several towns shall preside at selectmen to 

• n Tin • 1 j^ ^ preside at town 

such meetings impartially ; and shall receive the votes ot meetings. 
all the inhabitants of such towns present and qualified 
to vote for senators, and shall sort and count them in 
open town meeting, and in presence of the town clerk, Return of votes. 
who shall make a fair record, in presence of the select- 
men,, and in open town meeting, of the name of every 
person voted for, and of the number of votes against his 
name : and a fair copv of this record shall be attested bv ^^ to cities, see 

,1 T 1 , 1 , T 1 11 1 1 1 " amendments, 

the selectmen and the town clerk, and shall be sealed up, Art. n. 
directed to the secretary of the commonwealth for the 
time being, with a superscription, expressing the purport 



14 



CONSTITUTION OF THE 



Time changed 
to first Wednes- 
day of January. 
See amend- 
ments, Art. X. 



Inhabitants of 
unincorporated 
plantations, 
who pay state 
taxes, may vote. 



Plantation 
meetings. 
Time of elec- 
tion changed by 
amendments, 
Art. XV. 
Assessors to 
notify, etc. 



Governor and 
council to ex- 
amine and count 
votes, and issue 
summonses. 
Time changed 
to first Wednes- 
day in January 
by amendments, 
Art. X. 
Majority 
changed to 
plurality by 
amendments, 
Art. XIV. 



Senate to be 
final judge of 
elections, etc., 



of the contents thereof, and delivered by the town clerk 
of such toAvns, to the .sherifi' of the count}^ in which such 
town lies, thirty days at least before [the last Wednes- 
day in May] annually ; or it shall be delivered into the 
secretaiy's office seventeen da3"s at least before the said 
[last Wednesday in Ma}^ :] and the sheriff of each county 
shall deliver all such certificates by him received, into 
the secretary's office, seventeen days before the said [last 
Wednesday in ^lay.] 

And the inhabitants of plantations unincorporated, 
([ualified as this constitution provides, who are or shall 
be empowered and required to assess taxes upon them- 
selves toAvard the support of government, shall have 
the same privilege of voting for councillors and senators 
in the plantations where the}' reside, as town inhabitants 
have in theh' respective towns ; and the plantation meet- 
ings for that purpose shall be held annually [on the same 
first ]Monday in April] , at such place in the plantations, 
respectively, as the assessors thereof shall direct ; which 
assessors shall have like authority for notifying the elec- 
tors, collecting and returning the votes, as the selectmen 
and town clerks have in their several towns, by this con- 
stitution. And all other persons living in places unincor- 
porated (qualified as aforesaid) who shall be assessed to 
the support of government by the assessors of an adjacent 
town, shall have the privilege of giving in their votes for 
councillors and senators in the town where they shall be 
assessed, and be notified of the place of meeting by the 
selectmen of the town where the}' shall be assessed, for 
that purpose, accordingl}'. 

HI. And that there may be a due convention of sena- 
tors on the [last Wednesday in jMay] annually, the gov- 
ernor with five of the council, for the time being, shall, 
as soon as may be, examine the returned copies of such 
records ; and fourteen days before the said day he shall 
issue his summons to such persons as shall appear to be 
chosen by [a majority of] voters, to attend on that day, 
and take their seats accordingly : provided, nevertheless, 
that for the first year the said returned copies shall be 
examined by the president and five of the council of the 
former constitution of government ; and the said president 
shall, in like manner, issue his summons to the persons 
so elected, that they may take their seats as aforesaid. 

IV. The senate shall be the final judge of the elec- 
tions, returns and qualifications of their own members, as 



COMMONWEALTH OF MASSACHUSETTS. 15 

pointed out in the constitution; and shall, [on the said ^^^'f "^'^ '°^™- 
last Wednesday in May] annually, determine and declare "''"J^'/^^^t'^sed 
Avho are elected b}" each distiict to be senators [by a day of January 
majority of votes; and in case there shall not appear to nfenteflrt.x. 
be the full number of senators returned elected by a ^^nged to 
majority of votes for any district, the deficiency shall be ^J^endmenL 
supplied in the following manner, viz. : The members of ^itxrv. 
the house of representatives, and such senators as shall 
be declared elected, shall take the names of su.ch persons 
as shall be found to have the highest number of votes 
in such district, and not elected, amounting to twice the 
number of senators Avanting, if there be so many voted 
for ; and out of these shall elect by ballot a number of y?''^'^''^®®' ^°^ 
senators sufficient to fill up the vacancies in such district ; changed to 
and in this manner all such vacancies shall be filled up in peoVie^ ^ 
every district of the commonwealth ; and in like manner ments^Art. 
all vacancies in the senate, arising by death, removal out ^^^^^^^'^• 
of the state, or otherwise, shall be supplied as soon as may 
be, after such vacancies shall happen.] 

V. Provided, nevertheless, that no person shall be Qualifications 
capable of being elected as a senator, [who is not seised Property quaii- 
in his own right of a freehold, within this commonwealth, fghtd°° '''^°^" 
of the value of three hundred pounds at least, or possessed ^"e^ntrArt 
of personal estate to the value of six hundred pounds at xni 
least, or of both to the amount of the same sum, and] who vision as to 
has not been an inhabitant of this commonwealth for the also amend^-^^ 
space of five 3^ears immediately preceding his election, and, xxn.' ^^"^^ 
at the time of his election, he shall be an inhabitant in the 

district for which he shall be chosen. 

VI. The senate shall liave poAver to adjourn themselves, senate not to 
provided such adjournments do not exceed two days at a ^hin'two'day's. 
time. 



VH. 



The senate shall choose its own president, ap- . staii choose 

J3-, 11/ • • 1 ,. '''^ ofhcers and 



point its own officers, and determine its own rules of establish its 

1 . rules. 

proceedings. 

Vin. The senate shall be a court with full authorit}' . shaiitryaii 
to hear and determine all impeachments made by the "^^'^^'^ ™®° *' 
house of representatives, against any officer or officers 
of the commonwealth, for misconduct and mal-administra- 
tion in their offices. But previous to the trial of every 
impeachment the members of the senate shall respectively 
be sworn, truly and impartial!}^ to try and determine the oath. 
charge in question, according to evidence. Their judg- Limitation of 
ment, however, shall not ext'end further than to removal '^°*^''<'^- 
from office and disqualification to hold or enjoy any place 



16 



COXSTITUTIOX OF THE 



Quorum. See 
amendments, 
Arts. XXII. 
and XXXIII. 



of honor, trust, or profit, under this comnionwealth ; but 
the party so convieted shall be, nevertheless, liable to 
indictment, ti'ial, judgment, and puni.shment, according to 
the laws of the land. 

IX. [Xot less than sixteen members of the senate 
.•^liall constitute a (juoruni for doing business.] 



Representation 
of the people. 



Representa- 
tives, by whom 
chosen. 
Superseded by 
ameudments, 
Arte. XII. aud 
XIII., which 
were also 
superseded by 
amendments, 
Art. XXI. 
7 Mass. 523. 



Proviso as to 
towns having 
less than l.'iO 
ratable polls. 



Towns liable to 
line in case, etc. 



Expenses of 
travelling to 
and from the 
general court, 
how paid. 
Annulled by 
Art. XXXV. 



Qualifications 
of a repre- 
sentative. 



CHAPTER I. 

Section IH. 
House of Hepresenfatives . 

AiiTiCLE I. There shall be, in the legislature of this 
commonwealth, a representation of the people, annually 
elected, and founded upon the principle of equality. 

H. [And in order to provide for a representation of 
the citizens of this commonwealth, founded upon the prin- 
ciple of equality, every corporate town containing one 
hundred and fifty ratable polls ma}^ elect one represent- 
ative ; every corporate town containing three hundred 
and seventy-five ratable polls may elect two representti- 
tives ; every corporate town containing six hundred ratable 
polls may elect three representatives ; and proceeding in 
that manner, making two hundred and twenty-five ratable 
polls the mean increasing number for every additional 
representative . 

Provided, nevertheless, that each town now incorporated, 
not having one hundred and fifty ratable polls, may elect 
one representative ; but no place shall hereafter be incor- 
porated with the privilege of electing a representative, 
unless there are within the same one hundred and fifty 
rata])le polls.] 

And the house of representatives shall have power from 
time to tune to impose fines upon such towns as shall 
neglect to choose and return members to the same, agree- 
ably to this constitution. 

[The expenses of travelling to the general assembl}^ and 
returning hemic, once in every session, and no more, shall 
be paid by the government, out of the public treasury, to 
every member who shall attend as seasonably as he can, in 
the judgment of the house, and does not depart without 
leave.] 

HI. Every member of the house of representatives 
shall be chosen by written votes ; [and, for one year at 



COMMONWEALTH OF MASSACHUSETTS. 17 

least next preceding his election, shall have been an inliab- New provision 
itant of, and have been seised in his own right of a free- see amend- 
hold of the value of one hundred pounds within the town xxl''^'^*" 
he shall be chosen to represent, or any ratable estate to fcafionJabol"" 
the value of two hundred pounds ; and he shall cease to ^^l'^^^^^^'''"^' 
represent the said town immediately on his ceasing to be xiii. ' 
qualified as aforesaid.] 

IV. TEverv male person, beino- twentv-one years of Qualifications 

L .- _ X '_ O _ » ./ of a voter. 

age, and resident in any particular town in this common- These pro- 
wealth for the space of one year next preceding, having a Uded by^^'''^ 
freehold estate within the said town of the annual income A?tTm!°xx., 
of three pounds, or any estate of the value of sixty pounds, ^x^^^xxxi. 
shall have a riolit to vote in the choice of a representative andxxxii. 

p '■ See also ameiid- 

or representatives for the said town.] ments, Art. 

V. [The members of the house of representatives shall was annulled by 
be chosen annually in the month of May, ten days at least Re^'rfg'g^t.^' 
before the last Wednesdav of that month.] tives.when 

-I chosen. 

Time of election changed by amendments, Art. X., and changed again bv amendments, 

Art. SV. 

VI. The house of representatives shall be the o-rand House aione 

.. ,. 1, in- 1 can impeach. 

inquest oi this commonwealth ; and all impeachments 
made by them shall be heard and tried b}^ the senate. 

VII. All monev bills shall orio-inate in the house of House to origi- 

•^ ^ nate all monev 

representatives ; but the senate may propose or concur biiis. 
with amendments, as on other bills. 

VIII. The house of representatives shall have power Not to adjourn 
to adjomni themselves ; provided such adjournment shall "ay^sl^^^^^^^ 
not exceed tAvo days at a time. 

IX. [Not less than sixty members of the house of Quorum, see 

L _ _ »/ f 1 • • amendments, 

representatives shall constitute a quorum lor domof busi- Arts. xxi. and 

^ -, 1 & XXXIIl. 

ness.] 

X.. The house of reiH'csentatives shall be the iudoe of To judge of 

~ returns ©tc. of 

the returns, elections, and qualifications of its own mem- itsown'mem. 
bers, as pointed out in the constitution ; shall choose their its officers and^ 
own speaker; appoint their own officers, and settle the ruiesl'etc.**'' 
rules and orders of proceeding in their own house. They May punish 
shall have authority to punish by imprisonment every offences'.''' 
person, not a member, who shall be guilty of disrespect i^ Gray. 2''26. 
to the house, by any disorderly or contemptuous behavior 
in its presence; or who, in the town where the general 
court is sitting, and during the time of its sitting, shall 
thi-eaten harm to the body or estate of an}^ of its memljers, 
for any thing said or done in the house ; or who shall 
assault any of them therefor ; or who shall assault, or 
arrest, any witness, or other person, ordered to attend the 



18 



CONSTITUTIOX OF THE 



Privileges of 
members. 



Senate. 
Governor and 
council may 
punish. 

General limita- 
tion, 
li Gray, 226. 



Trial may be by 
committee, or 
otherwise. 



house, in his wa}- in going or returning; or who shall 
rescue any person arrested by the order of the house. 

And no member of the house of representatives shall 
be arrested, or held to bail on mesne process, diu'ing his 
going unto, returning from, or his attending the general 
assembly. 

XI. The senate shall have the same powers in the like 
cases ; and the governor and council shall have the same 
authorit}^ to punish in like cases : provided, that no impris- 
onment on the warrant or order of the governor, council, 
senate, or house of representatives, for either of the above 
described oifences, be for a term exceeding thii't}^ days. 

And the senate and house of representatives may tr}' 
and determine all cases where their rights and privileges 
arc concerned, and which, b}' the constitution, they have 
authority to try and determine, by committees of their own 
members, or in such other way as they may respective!}'' 
think best. 



CHAPTER II 



Governor. 



His title. 

To be chosen 
annually. 
Qualifications. 
See amend- 
ments, Arts. 
VII. and 
XXXIV. 



By whom 
chosen, if he 
have a majority 
of votes. 

Time of elec- 
tion changed by 
auicndraents, 
Alt. X., and 
changed again 
by amend- 
ments, Art. XV. 



EXECUTIVE POWER. 

Sectiox I. 

Governor. 

Article I. There shall be a supreme executive mag- 
istrate, who shall be styled — The Governor of the 
CoiVEViONWEALTH OF MASSACHUSETTS ; and wliosc title 
shall be — His Excellency. 

II. The governor shall be chosen annually ; and no 
person shall be eligible to this office, unless, at the time of 
his election, he shall have been an inhabitant of this com- 
monwealth for seven years next preceding ; [and unless he 
shall at the same time be seised, in his own right, of a 
freehold, within the commonwealth, of the value of one 
thousand pounds ;] [and unless he shall declare himself to 
be of the Chi-istian religion.] 

III. Those persons who shall be qualified to vote for 
senators and representatives within the several towns of 
this commonwealth shall, at a meeting to be called for 
that purpose, on the [first Mondaj^ of April] annually, 
give in tlieu' votes for a governor, to the selectmen, who 
shall preside at such meetings ; and the town clerk, in the 
presence and with the assistance of the selectmen, shall, 
in open town meeting, sort and count the votes, and form 



COMMON^VEALTH OF MASSACHUSETTS. 19 

a list of the persons voted for, with the number of votes 
for each person against his name ; and shall make a fair 
record of the same in the town books, and a public decla- As to cities, see 
ration thereof in the said meeting; and shall, in the pres- Art. ii. ' 
ence of the inhabitants, seal up copies of the said list, 
attested by him and the selectmen, and transmit the same 
to the sheriff of the county, thirty days at least before the 
[last Wednesday in May] ; and the sheritf shall transmit Z'hv<.twlfne.. 
the same to the secretary's office, seventeen days at least day of January 
before the said [last Wednesda}^ in May] ; or the select- ments, Art. x. 
men miay cause returns of the same to be made to the 
office of the secretary of the commonwealth, seventeen 
days at least before the said day ; and the secretary shall 
lay the same before the senate and the house of repre- 
sentatives on the [last Wednesday in May], to be by them changed to 
examined ; and in case of an election by a [majority] of all LneDdmenL, 
the votes retmnied, the choice shall be by them declared ^"-^i^- 
and published ; but if no person shall have a [majority] of -(vhrn*^no pTr'son 
votes, the house of representatives shall, by ballot, elect ^"^^ '^ p^"'**^"^- 
two out of four persons who had the highest number of 
votes, if so many shall have been voted for ; but, if other- 
wise, out of the number voted for; and make return to 
the senate of the two persons so elected ; on which the 
senate shall proceed, by ballot, to elect one, who shall be 
declared governor. 

IV. The governor shall have authority, from time to Power of gov- 
time, at his discretion, to assemble and call together the governor and 
councillors of this commonwealth for the time being ; and '^°""'' " 
the governor with the said councillors, or five of them at 

least, shall, and may, from time to time, hold and keep a 
council, for the ordering and du'ecting the affairs of the 
commonwealth, agreeably to the constitution and the laws 
of the land. 

V. The governor, with advice of council, shall have May adjourn or 
full power and authority, during the session of the gen- general court 
eral court, to adjourn or prorogue the same to any time and wnveue ' 
the two houses shall desire ; [and to dissolve the same on Art'cfditsoiu- 
the day next preceding the last Wednesday in May ; and, ^^j^^^'t'g^^'^^^lf- 
in the recess of the said court, to prorogue the same from 

time to time, not exceeding ninety days in any one recess ;] 
and to call it together sooner than the time to which it 
may be adjourned or prorogued, if the welfare of the com- 
monwealth shall require the same ; and in case of any 
infectious distemper prevailing in the place where the said 
court is next at any time to convene, or any other cause 



20 



CONSTITUTION OF THE 



As to dissolu- 
tion, see amend- 
meuts, Art. X. 

Governor and 
council may 
adjourn the gen- 
eral court in 
cases, etc., but 
not exceeding 
ninety days. 



Governor to be 
commander-in- 
chief. 



Limitation. 



happening, whereby danger may arise to the health or 
lives of the members from their attendance, he may direct 
the session to be held at swne other, the most conyenient 
place within the state. 

[And the governor shall dissolve the said general com't 
on the day next preceding the last Wednesday in May.] 

VI. In cases of disagreement between the two houses, 
with regard to the necessitj', expediency, or time of ad- 
journment or prorogation, the governor, with advice of 
the council, shall have a right to adjoiU"n or prorogue 
the general court, not exceeding ninety days, as he shall 
determine the public good shall require. 

Vn. The governor of this commonwealth, for the time 
being, shall be the commander-in-chief of the army and 
navy, and of all the military forces of the state, by sea 
and land ; and shall have full power, by himself, or by 
an}' commander, or other officer or officers, from time to 
time, to train, instruct, exercise, and govern the militia 
and navy ; and, for the special defence and safety of the 
commonwealth, to assemble in martial array, and put in 
warlike posture, the inhal^itants thereof, and to lead and 
conduct them, and with them to encounter, repel, resist, 
expel, and pursue, by force of arms, as well by sea as by 
land, Avithin or without the limits of this commonwealth, 
and also to kill, slay, and destroy, if necessarj', and con- 
quer, by all fitting wa3's, enterprises, and means Avhatso- 
ever, all and every such person and persons as shall, at 
any time hereafter, in a hostile manner, attempt or enter- 
prise the destruction, invasion, detriment, or annoyance 
of this commonwealth ; and to use and exercise, over the 
army and navy, and over the militia in actual service, the 
law-martial, in time of war or invasion, and also in time 
of rebellion, declared by the legislatiu-e to exist, as occa- 
sion shall necessarily require ; and to take and surprise, 
by all ways and means whatsoever, all and every such 
person or persons, with their ships, arms, ammunition, 
and other goods, as shall, in a hostile manner, invade, or 
attempt the invading, conquering, or anno3ang this com- 
monwealth ; and that the governor be intrusted with all 
these and other powers, incident to the offices of caji- 
tain-general and commander-in-chief, and admiral, to be 
exercised agreeably to the rules and regulations of the con- 
stitution, and the laws of the land, and not otherwise. 

Provided, that the said governor shall not, at any time 
hereafter, by virtue of any power by this constitution 



COMMONWEALTH OF MASSACHUSETTS. 21 

granted, or hereafter to be gi-anted to him by the legis- 
latui'e, transport an}^ of the inhabitants of this common- 
wealth, or oblige them to march out of the limits of the 
same, without their free and voluntary consent, or the con- 
sent of the general court ; except so far as may be neces- 
sary to march or transport them by land or water, for the 
defence of such part of the state to which they cannot 
otherwise conveniently have access. 

VHI. The power of jiardoning offences, except such Governor and 
as persons may be convicted of before the senate by an pardon offences, 
impeachment of the house, shall be in the governor, by ^^''^P'®*'- 
and with the advice of council ; but no charter of par- 
don, granted by the governor, with advice of the council 
before conviction, shall avail the party pleading the same. But not before 
notwithstanding any general or particular expressions 109 Maes. 323. 
contained therein, descriptive of the offence or offences 
intended to be pardoned. 

IX. All judicial officers, [the attorney-general,] the Judicial om- 
solicitor-general, [all sheriffs,] coroners, [and registers of nominated a°n^ 
probate,] shall be nominated and appointed by the gov- po? provisions 
ernor, by and with the advice and consent of the council ; of atttraey-^ 
and everv such nomination shall be made by the governor, general, see 

•^ , . -."^P amendments, 

and made at least seven days prior to such appointment. Art. xvii. 

For provision as to election of sheriffs, registers of probate, etc., see amendments, 
Art. XIX. For provision as to apijointment of notaries public, see amendments, 
Art. IV. 

X, The captains and subalterns of the militia shall be Miiitia officers, 
elected by the written votes of the train-band and alarm Limitation of 
list of their respective companies, [of twenty-one years bfVme'n^-''"* 
of age and upwards ;] the field officers of regiments shall ™®°*^' ^''*- "^ • 
be elected by the written votes of the captains and subal- 
terns of their respective regiments ; the brigadiers shall be 
elected, in like manner, by the field officers of their respec- 
tive brigades : and such officers, so elected, shall be com- Howcommis- 
missioned by the governor, who shall determine theu'rank. "°°^ ' 

The legislature shall, by standing laws, direct the tmie Election of 
and manner of convening the electors, and of collect- ** 
ing votes, and of certifying to the governor, the officers 
elected. 

The maior-generals shall be appointed by the senate and Major-generais, 

.^o ^ 11^ J ^ liow appomted 

house of representatives, each having a negative upon the andcommis- 
other : and be commissioned by the governor. 

For provisions as to appointment of a commissary -general, see amendments, Art. IV. 

And if the electors of brigadiers, field officers, captains vacancies, how 
or subalterns, shall neglect or refuse to make such elec- etc. 



"11 



CONSTITUTION OF THP: 



Officers duly 
commiseioned, 
how removed. 
Supereeded by 
amendments, 
Art. IV. 



Adjutants, etc., 
how appointed. 



Army officers, 
how appointed. 



Organization of 
militia. 



Money, how 
drawn from the 
treasury, 
except, etc. 
13 Allen, 693. 



All public 
boards, etc., to 
make quarterly 
returns. 



tions, after beino- duly notified, according to the laws for 
the time being, then the governor, with advice of council, 
shall appoint suitable persons to fill such offices. 

[And no ofiicer, duly conmiissioned to command in the 
militia, shall be removed from his office, but by the address 
of both houses to the governor, or by fair trial in com^t- 
martial, pursuant to the laws of the commonwealth for the 
time being.] 

The commanding officers of regiments shall appoint 
their adjutants and quartermasters ; the brigadiers their 
brigade-majors ; and the major-generals their aids ; and 
the governor shall appoint the adjutant^general. 

The governor, with advice of council, shall appoint all 
officers of the continental army, whom by the confedei'a- 
tion of the United States it is provided that this common- 
wealth shall appoint, as also all officers of forts and 
garrisons. 

The di^dsions of the militia into brigades, regiments, and 
companies, made in pursuance of the militia laws now in 
force, shall be considered as the proper divisions of the 
militia of this commonwealth, until the same shall be 
altered in pursuance of some future law. 

XL No moneys shall be issued out of the treasury of 
this commonwealth, and disposed of (except such sums as 
may be appropriated for the redemption of bills of credit 
or treasm'er's notes, or for the payment of interest arising 
thereon) but b}'^ warrant under the hand of the governor 
for the time being, with the advice and consent of the 
council, for the necessary defence and support of the com- 
monwealth ; and for the protection and preservation of 
the inhabitants thereof, agreeably to the acts and resolves 
of the general court. 

XH. All public boards, the commissary-general, all 
superintending officers of public magazines and stores, 
beloncrino: to this commonwealth, and all commandino' 
officers of forts and garrisons within the same, shall once 
in every three months, officiall3% and without requisition, 
and at other times, when requked b}^ the governor, deliver 
to him an account of all goods, stores, provisions, ammu- 
nition, cannon with their appendages, and small arms 
with their accoutrements, and of all other public property 
whatever under their care i-espectively ; distinguishing the 
quantity, number, quality and kind of each, as particu- 
larly as may be ; together with the condition of such forts 
and gamsons ; and the said commanding officer shall 



COMMONWEALTH OF MASSACHUSETTS. 23 

exhibit to the governor, when required by him, true and 
exact plans of such forts, and of the land and sea or har- 
bor or harbors, adjacent. 

And the said boards, and all public officers, shall coni- 
nmnicate to the governor, as soon as may be after receiv- 
ing the same, all letters, despatches, and intelligences of a 
public nature, which shall be directed to them respectively. 

XIII. As the public good requires that the governor salary of 
should not be under the undue influence of any of the sovemoT. 
members of the general court by a dependence on them 
for his support, that he should in all cases act with free- 
dom for the benefit of the public, that he should not have 
his attention necessaril}" diverted from that object to his 
private concerns, and that he should maintain the dignity 
of the commonwealth in the character of its chief magis- 
trate, it is necessary that he should have an honorable 
stated salary, of a fixed and permanent value, amply suffi- 
cient for those purposes, and established by standing laws : 
and it shall be among the first acts of the general court, 
after the commencement of this constitution, to establish 
such salary b}' law accordingly. 

Permanent and honorable salaries shall also be estab- salaries of juh- 
lished by law for the justices of the supreme judicial court. judfcLiTJurT^ 

And if it shall be found that any of the salaries afore- Salaries to be 
said, so established, are insufficient, they shall, from time insufficient. 
to time, be enlarged, as the general court shall judge 
proper. 



CHAPTER II. 

SECTioisr II. 

Lieutenant- Governoi'. 

Article I. There shall be annually elected a lieu- Lieutenant- 
tenant-governor of the commonwealth of Massachusetts, fuie'^and'^quaii- 
whose title shall be — His Hoxor ; and who shall be a^^^ndm^nt^r 
qualified, in point of [religion,] [property,] and residence xxxn?.^'""'^ 
in the commonwealth, in the ^ame manner with the gov- 
ernor ; and the da}^ and manner of his election, and the 
qualifications of the electors, shall be the same as are re- 
quired in the election of a governor. The return of the how cho«cn. 
votes for this officer, and the declaration of his election , 
shall be in the same manner ; [and if no one person shall p/uraiuypro- 
be found to have a maioritv of all the votes returned, the videdforby 

"^ • amendments, 

vacancy shall be filled by the senate and house ol rcpre- Art. xiv. 



24 



COXSTITUTIOX OF THE 



President of 
council 
Lieutenant- 
governor a 
member of, 
except, etc. 



Lieutenant- 
governor to be 
acting governor, 
in case, etc. 



sentatives, in the same manner as the governor is to be 
elected, in case no one person sliall have a majority of the 
votes of the people to be governor.] 

II. The governor, and in his absence the lieutenant- 
governor, shall be president of the council, but shall have 
no vote in council ; and the lieutenant-governor shall 
always be a member of the council, except when the chair 
of the governor shall be vacant. 

III. Whenever the chair of the governor shall be 
vacant, by reason of his death, or absence from the com- 
monwealth, or otherwise, the lieutenant-governor, for the 
time being, shall, during such vacancy, perform all the 
duties incumbent upon the governor, and shall have and 
exercise all the powers and authorities, w^hich by this con- 
stitution the governor is A^ested with, when personally 
present. 



CHAPTER II 



Council. 
Number of 
councillors 
changed to 
eight. 
See amend- 
ments, Art. 
XVI. 



Number; from 
whom, and how 
chosen. 
Modified by 
amendments. 
Arts. X. and 
XIII. 

Superseded by 
amendments. 
Art. XVI. 



If senators be- 
come council- 
lors, their seats 
to be vacated. 



Section HI. 

Council, and (he Planner of settling Elections hy the Legis- 

Jature. 

Article I. There shall be a council for advising the 
governor in the executive part of the government, to con- 
sist of [nine] persons besides the lieutenant-governor, 
whom the governor, for the time being, shall have full 
power and authority, from time to time, at his discretion, 
to assemble and call together ; and the governor, with the 
said councillors, or five of them at least, shall and may, 
from time to time, hold and keep a council, for the order- 
ing and directing the affairs of the commonwealth, accord- 
ing to the laws of the land. 

II. [Nine councillors shall be annually chosen from 
among the persons returned for councillors and senators, 
on the last Wednesday in Ma}' , b}^ the joint ballot of 
the senators and represcMitatives assembled in one room ; 
and in case there shall not be found upon the first choice, 
the M'liole number of nine persons who will accept a seat 
ill the council, the deficiency shall be made up by the 
electors aforesaid from among the people at large ; and 
the numl)er of senators left shall constitute the senate 
for the >(>ar. The seats of the persons thus elected from 
the senate, and accejjting the trust, shall be vacated in the 
senate.] 



COMMONWEALTH OF MASSACHUSETTS. 25 

HI. The councillors, in the civil arrangements of the Rank of 
conimonivealth, shall have rank next after the lieutenant- 
governor. 

IV. [Not more than tAvo councillors shall be chosen No district to 
out of any one district of this connnonAvealth.] two. 

Superseded by amendments, Art. XVI. 

V. The resolutions and advice of the council shall be Register of 
recorded in a register, and signed b}^ the members present ; 

and this record may be called for at any time by either 
house of the legislature ; and any member of the council 
may insert his opinion, contrary to the resolution of the 
majority. 

VI. Whenever the office of the governor and lieuten- council to exer- 

. 1111 J.1 ^ij.ii_ else the power 

ant^governor shall be vacant, by reason ot death, absence, of governor in 
or otherwise, then the council, or the major part of them, <=»««' ^^f^- 
shall, during such vacancy, have full power and authority 
to do, and execute, all and every such acts, matters, and 
things, as the governor or the lieutenant-governor might 
or could, by virtue of this constitution, do or execute, if 
they, or either of them, were personally present. 

VII. [And whereas the elections appointed to be made, Elections may 
by this constitution, on the last Wednesday in May annu- untli.^etc™*' 
ally, by the two houses of the legislature, may not be 
completed on that day, the said elections may be adjourned 

from day to day until the same shall be completed. And g^'^lrf-^eded'b'- 
the order of elections shall be as follows : the vacancies in amendments, 
the senate, if any, shall first be filled up ; the governor xxv. 
and lieutenant-governor shall then be elected, provided 
there should be no choice of them by the people : and 
afterwards the two houses shall proceed to the election of 
the council.] 



CHAPTER II. 

Section IV. 

Secretary, Treasurer, Comnnssarij, etc. 

Article I. [The secretary, treasurer and receiver- secretary, etc., 
general, and the commissary-general, notaries public, and] how^ch^e^n. 
naval officers, shall be chosen annually, b}' joint ballot of to°eiectk)n'of ^* 
the senators and representatives in one room. And, that ^T^^rerT^lrZ^^^' 
the citizens of this commonwealth mav be assured, from ceiyergenerai 

.-,.... and auditor and 

time to time, that the mone3^s remaining in the public attorney-gen- 
treasury, upon the settlement and li(|uidation of the pub- ments, Art. 



26 



CONSTITUTION OF THE 



Treasurer in- 
eligible for 
more than fivt 
successive • 
years. 



Secr<^t.ary to 
keep records : 
to attend the 
governor and 
council, etc. 



lie accounts, are their property, no man shall be eligible 
as treasm"er and receiver-ireneral more than five years 
suc'cessively . 

For provision as to appointment of notaries public and the commissarj'-general, see 
amendments, Art. IV. 

II. The records of the commonwealth shall be kept in 
the oiBce of the secretary, who may appoint his deputies, 
for whose conduct he shall be accountable ; and he shall 
attend the governor and council, the senate and house of 
representatives, in person, or by his deputies, as they shall 
respectively require. 



Tenure of all 
commissioned 
officers t*i be 
expressed. 
Judicial officers 
to bold office 
during good 
behavior, ex- 
cept, etc. 
But may be 
removed on 
address. 



Justices of su- 
preme judicial 
court to give 
oijiuions when 
required. 
122 Mass. 600. 
126 Mass. 557, 
561. 

Justices of the 
peace; tenure 
of their office. 
3CuBh.584. 



Provisions for 

holding probate 

courts. 

12 Gray, 147. 



CHAPTER III. 

JUDICIARY POWER. 

Article I. The tenure, that all commission officers 
shall by law have in their offices, shall be expressed in 
their respective commissions. All judicial officers, duly 
appointed, commissioned, and sworn, shall hold their offices 
dm'ing good behavior, excepting such concerning whom 
there is different provision made in this constitution : 
provided, nevertheless, the governor, with consent of the 
council, may remove them upon the address of both houses 
of the legislatm-e. 

II. Each branch of the legislature, as well as the gov- 
ernor and council, shall have authority to require the opin- 
ions of the justices of the supreme judicial court, upon 
important questions of law, and upon solemn occasions. 

III. In order that the people ma}^ not suffer from the 
long continuance in place of an}^ justice of the peace who 
shall fail of discharging the important duties of his office 
with abilit}' or fidelity, all commissions of justices of the 
peace shall expire and become void, in the term of seven 
3^ears from their respective dates ; and, upon the expira- 
tion of any commission, the same may, if necessar}^ be 
renewed, or another person appointed, as shall most con- 
duce to the well-being of the commonAvealth. 

IV. The judges of probate of wills, and for granting 
letters of administration, shall hold their courts at such 
place or places, on fixed days, as the convenience of the 
people shall require ; and the legislature shall, from time to 
time, hereafter, appoint such times and places ; until which 
appointments, the said comets shall be holden at the times 
and places whicii the respective judges shall direct. 



COMMONWEALTH OF MASSACHUSETTS. 27 

V. All causes of marriage, divorce, and alimony, and ^ivorc^e^and 
all appeals from the judges of probate, shall be heard and ^^[^g^^^'^^. 
determined by the oovernor and council, until the legis- visions made 

*/ kd ^ ^ ■' '—J '^y law. 

lature shall, by law, make other provision. 105 Mass. 32-. 

•^ ^ 116 Mass. 317. 



CHAPTER IV. 

DELEGATES TO CONGRESS. 

[The deleo-ates of this commonwealth to the congress of Delegates to 

L o • 1 1 p T congress. 

the United States, shall, some time m the month of June, 
annually, be elected by the joint ballot of the senate and 
house of representatives, assembled together in one room ; 
to serve in congress for one year, to commence on the first 
Monday in November then next ensuing. They shall 
have commissions under the hand of the governor, and 
the great seal of the commonwealth ; but may be recalled 
at any time within the year, and others chosen and com- 
missioned, in the same manner, in their stead.] 



CHAPTER Y. 

THE UNIVERSITY AT CAMBRIDGE, AND ENCOURAGEMENT OF 
LITERATURE, ETC. 

Section I. 

The University. 

Article I. Whereas our wise and pious ancestors, so Harvard 
early as the year one thousand six hundred and thirty-six, ^°"®s®- 
laid the foundation of Harvard College, in which univer- 
sity many persons of great eminence have, by the blessing 
of God, been initiated in those arts and sciences which 
qualified them for public employments, both in church 
and state ; and whereas the encouragement of arts and 
sciences, and all good literature, tends to the honor of 
God, the advantage of the Christian religion, and the great 
benefit of this and the other United States of America, 
— it is declared, that the President and Fellows of Powers, privi. 
Harvard College, in their corporate capacity, and the^president 
their successors in that capacity, theu' officers and ser- confimed.*' 
vants, shall have, hold, use, exercise, and enjoy, all the 
powers, authorities, rights, liberties, privileges, immuni- 
ties, and franchises, which they iioav have, or are entitled 



28 



CON^STITUTIOX OF THE 



AU gifts, 
grants, etc. 
confirmed. 



Who shall he 
overseers. 

See Statutes, 

1851, 224. 

1852, 27. 
1859, 212. 
1865, 173. 
1880, 65. 



Power of altera- 
tion reserved to 
the legislature. 



to have, hold, use, exercise, and enjoy ; and the same are 
hereby ratified and confirmed unto them, the said presi- 
dent and fellows of Harvard College, and to theh* suc- 
cessors, and to their officers and servants, respectively, 
forever. 

n. And whereas there have been at sundry times, by 
divers persons, gifts, grants, devises of houses, lands, tene- 
ments, goods, chattels, legacies, and conveyances, here- 
tofore made, either to Harvard College in Cambridge, in 
New England, or to the president and fellows of Harvard 
College, or to the said college by some other description, 
under several charters, successively; it is declared, that 
all the said gifts, grants, devises, legacies, and convey- 
ances, are hereby forever confimied unto the president 
and fellows of Harvard College, and to their successors 
in the capacity aforesaid, according to the true intent and 
meaning of the donor or donors, grantor or grantors, 
devisor or devisors. 

HI. And whereas, by an act of the general court of 
the colony of Massachusetts Bay, passed in the year one 
thousand six hundred and forty-two, the governor and 
deputy-governor, for the time being, and all the magis- 
trates of that jurisdiction, were, with the president, and 
a number of the clerg}^ in the said act described, con- 
stituted the overseers of Harvard College ; and it being- 
necessary, in this new constitution of government to 
ascertain who shall be deemed successors to the said gov- 
ernor, deputy-governor, and magistrates ; it is declared, 
that the governor, lieutenant-governor, council, and sen- 
ate of this commonwealth, are, and shall be deemed, their 
successors, who, with the president of Harvard College, 
for the time being, together with the ministers of the con- 
Sfreofational churches in the towns of Cambrid2:e, AVater- 
town, Charlestown, Boston, Roxbury, and Dorchester, 
mentioned in the said act, shall be, and hereby are, vested 
with all the powers and authority belonging, or in any 
way appertaining to the overseers of Harvard College ; 
provided, that nothing herein shall be construed to })re- 
vent the legislature of this commonweahh from making- 
such alterations in the government of the said university, 
as shall be conducive to its advantage, and the interest 
of the republic of letters, in as full a manner as might 
have been done by the legislature of the late Province of 
the Massachusetts Bay. 



COMMONWEALTH OF IVIASSACHUSETTS. 29 

CHAPTEK y. 
Section II. 

The Encouragement of Literature, etc. 

Wisdom and knowledge, as well as virtue, diffused gen- Duty of legisiat- 
erally among the body of the people, being necessary for i^gt^ateslnTu 
the preservation of their rights and liberties ; and as these Fo*^fu^hel°pro- 
depend on spreadino- the opjDortunities and advantao-es of visions as to 

^,.^ S />! 1 public schools, 

education in the various i^arts of the country, and amono- see amend- 
the different orders of the people, it shall be the dutj' xviii. 
of legislatures and magistrates, in all future periods of 503. *°'' 
this commonwealth, to cherish the interests of literature lo^ Mass. 94, 97, 
and the sciences, and all seminaries of them ; especially 
the university at Cambridge, public schools and grammar 
schools in the towns ; to encourage private societies and 
public institutions, rewards and immunities, for the pro- 
motion of agricultm^e, arts, sciences, commerce, trades, 
manufactures, and a natural history of the country ; to 
countenance and inculcate the principles of humanity and 
general benevolence, public and private charity, industry 
and frugalit}^, honesty and })unctuality in their dealings ; 
sincerity, good humor, and all social affections, and gen- 
erous sentiments, among the people. 



CHAPTER VI. 

OATHS AND SUBSCRIPTIONS ; INCOMPATIBILITY OF AND EXCLU- 
SION FROM OFFICES; PECUNIARY QUALIFICATIONS; COMMIS- 
SIONS; WRITS; CONFIRMATION OF LAWS; HABEAS CORPUS; 
THE ENACTING STYLE; CONTINUANCE OF OFFICERS; PROVI- 
SION FOR A FUTURE REVISAL OF THE CONSTITUTION, ETC. 

Article I. [Any person chosen governor, lieutenant- Oaths, etc. 
governor, councillor, senator, or representative, and accept- 
ing the trust, shall, before he proceed to execute the duties 
of his place or office, make and subscribe the following 
declaration, viz. : 

"I, A. B., do declare, that I believe the Christian reli- Abolished, see 

. ,, . amendments, 

gion, and have a firm persuasion of its truth ; and that I Art. vii. 
am seised and possessed, in my own right, of the property 
required by the constitution, as one qualification for the 
office or place to which I am elected." 

And the governor, lieutenant-governor, and councillors, 
shall make and subscribe the said declaration, in the pres- 



30 



CONSTITUTION OF THE 



Declaration and 
oaths of all 
officers. 



For new oath 
of allegiance, 
see amend- 
ments, Art. VI. 



Oath of office. 



Proviso. See 
araendments, 
Art. VI. 



ence of the two liouses of assembh' ; and the senators and 
representatives, first elected under this constitution, before 
the president and five of the council of the former consti- 
tution ; and forever afterwards before the governor and 
council for the time being.] 

And every person chosen to either of the places or 
offices aforesaid, as also an}^ person appointed or commis- 
sioned to any judicial, executive, military, or other oflSce 
under the government, shall, before he enters on the dis- 
charge of the business of his place or office, take and sub- 
scribe the folio \ving declaration, and oaths or affirmations, 
viz. : 

[" I, A. B., do truly and sincerely acknowledge, profess, 
testif}", and declare, that the Commonwealth of Massachu- 
setts is, and of right ought to be, a free, sovereign, and 
independent state ; and I do swear, that I will bear true 
faith and allegiance to the said commonwealth, and that I 
Avill defend the same against traitorous conspu'acies and all 
hostile attempts whatsoever ; and that I do renounce and 
abjure all allegiance, subjection, and obedience to the king, 
queen, or government of Great Britain (as the case may 
be) , and every other foreign power whatsoever ; and that 
no foreign prince, person, prelate, state, or potentate, 
hath, or ought to have, any jurisdiction, superiority, pre- 
eminence, authority, dispensing or other power, in any 
matter, civil, ecclesiastical, or spiritual, within this com- 
monwealth, except the authorit}^ and power which is or 
may be vested by their constituents in the congress of the 
United States : and I do further testifj" and declare, that 
no man or body of men hath or can have any right to 
absolve or discharge me from the obligation of this oath, 
declaration, or affirmation ; and that I do make this ac- 
knowledgment, profession, testimon}^ declaration, denial, 
renunciation, and abjuration, heartily and trul}^ according 
to the common meaning and acceptation of the foregoing- 
words, without any equivocation, mental evasion, or secret 
reservation whatsoever. So help me, God."] 

"I, A. B., do solemnh^ swear and affirm, that I will 
faithfully and impartiall}^ discharge and perform all the 
duties incumbent on me as , according to 

the best of my abilities and understanding, agreeably to 
the rules and regulations of the constitution and the laws 
of the commonwealth. So help me, God." 

Provided, always, that when any person chosen or ap- 
pointed as aforesaid, shall be of the denomination of the 



COMMONWEALTH OF MASSACHUSETTS. 31 

people called Quakers, and shall decline taking the said 
oath[s], he shall make his affirmation in the foregoing- 
form, and subscribe the same, omitting the words, \_'^Ido 
sivear," " and abjure,'" " oath or," " and abjuration," in the 
first oath, and in the second oath, the words] ' ' sivear 
and," and [in each of them] the words " So help me, 
God;" subjoining instead thereof, " This I do under the 
pains and p>en(dties of jjerjurt/." 

And the said oaths or affirmations shall be taken and affirma^?o'lis, 
subscribed by the governor, lieutenant-governor, and coun- bow^adminis- 
cillors, before the president of the senate, in the presence 
of the two houses of assembl}'' ; and by the senators and 
representatives first elected under this constitution, before 
the president and five of the council of the former consti- 
tution ; and forever afterwards before the governor and 
council for the time being ; and by the residue of the 
officers aforesaid, before such persons and in such manner 
as from time to time shall be prescribed by the legislature. 

H. No governor, lieutenant-governor, or judge of the Plurality of 
supreme judicial court, shall hold any other office or place, hibited^uTgov- 
under the authority of this commonwealth, except such as Ixceptretc. 
by this constitution they are admitted to hold, saving that mTntrAn. 
the judges of the said com't may hold the offices of justices "^^i- 
of the peace thi'ough the state ; nor shall they hold any 
other place or office, or receive any pension or salary from 
an}'^ other state or government or power whatever. 

No person shall be capable of holding or exercising at f^fen^jil"*' 
the same time, witliin this state, more than one of the fol- 
lowing offices, viz. : judge of probate — sheriff — register 
of probate — or register of deeds ; and never more than 
any two offices, which are to be held b}^ appointment of 
the governor, or the governor and council, or the senate, 
or the house of representatives, or by the election of the 
people of the state at large, or of the people of any count}^ 
military offices, and the offices of justices of the peace 
excepted, shall be held by one person. 

No person holding the office of judge of the supreme incompatible 
judicial court — secretar}^ — attorney-general — solicitor- For^fukher pro- 
general — treasurer or receiver-general — judge of probate ^compaubre 

— cormuissary-general — [president, professor, or instruc- °^en^ments 
tor of Harvard Colleo-e] — sheriff — clerk of the house of ^^-vni. ' 

S. J . f -\ ^ OfBcers of Har- 

representatives — reg-ister oi i^robate — register ot deeds vard coUege 

... r* -I • ^ excepted by 

— clerk of the supreme iudicial court — clerk of the mle- amendments, 
rior court of common pleas — or officer of the customs, 
including in this description naval officers — shall at the 



32 



CONSTITUTIOX OF THE 



Incompatib]»; 
offices. 



Bribery, etc. 
disqualify. 



Value of money 
ascertained. 



Property quali- 
fications may 
be increased. 
See amend- 
ments, Arts. 
Xni. and 
XXXIV. 



Provisions 
respecting 
commissions. 



Provisions re- 
specting writs. 

2 Pick. 592. 

3 Met. 58. 
13 Gray, 74. 



Continuation of 
former laws, 
except, etc. 

1 Maes. 69. 

2 Mass. 534. 

8 Pick. 309, 316. 
16 Pick. 107, 115. 
2 Met. 118. 



Benefit of 
habeas corpxiB 
secured, except, 
etc. 



same time have a seat in the senate or house of representa- 
tives ; but their being chosen or appointed to, and accept^ 
ing the same, shall operate as a resignation of their seat in 
the senate or house of representatives ; and the place so 
vacated shall be filled up. 

And the same rule shall take place in case any judge of 
the said supreme judicial court, or judge of probate, shall 
accept a seat in council ; or any councillor shall accept of 
either of those offices or places. 

And no person shall ever be admitted to hold a seat in 
the legislature, or any office of trust or importance under 
the government of this commonwealth, who shall, in the 
due coiu-se of law, have been convicted of bribeiy or cor- 
ruption in obtaining an election or appointment. 

III. In all cases where sums of mone}^ are mentioned 
in this constitution, the value thereof shall be computed 
in silver, at six shillings and eight pence per ounce ; and 
it shall be in the power of the legislature, from time to 
time, to increase such qualifications, as to property, of 
the persons to be elected to offices, as the circumstances 
of the commonwealth shall require. 

IV. All commissions shall be in the name of the 
Commonwealth of Massachusetts, signed b}^ the governor 
and attested by the secretary or his deputy, and have the 
great seal of the commonwealth affixed thereto. 

V. All writs, issuing out of the clerk's office in an}' of 
the courts of law, shall be in the name of the Common- 
wealth of Massachusetts ; they shall be under the seal of 
the court from whence they issue ; they shall bear test of 
the first justice of the court to which they shall be return- 
able, who is not a party, and be signed b}^ the clerk of 
such court. 

VI. All the laws which have heretofore been adopted, 
used, and approved in the Province, Colou}^, or State of 
Massachusetts Bay, and usually practised on in the courts 
of law, shall still remain and be in full force, until altered 
or repealed by the legislature ; such parts only excepted 
as are repugnant to the rights and liberties contained in 
this constitution. 

VII. The privilege and benefit of the "wi'it of habeas 
corpus shall be enjoyed in this commonwealth, in the most 
free, easy, cheap, expeditious, and ample manner ; and 
shall not be suspended by the legislatm-e, except upon the 
most urgent and pressing occasions, and for a limited 
time, not exceedins: twelve months. 



COMMONWEALTH OF MASSACHUSETTS. 33 

VIII. The enacting style, in making and passing all Jtyf/"*''**"* 
acts, statutes, and laws, shall be — "Be it enacted by the 
Senate and House of Representatives in General Court 
assembled, and by the authority of the same." 

IX. To the end there may be no faihu'e of justice, or officers of 
danger arise to the commonwealth from a change of the ment'^continued 
form of government, all officers, civil and military, hold- "°**'' ^^'^' 
ing commissions under the government and people of 
Massachusetts Bay in New England, and all other officers 

of the said government and people, at the time this con- 
stitution shall take effect, shall have, hold, use, exercise, 
and enjoy, all the poAvers and authority to them granted 
or committed, until other persons shall be appointed in 
their stead ; and all com'ts of law shall proceed in the 
execution of the business of their respective departments ; 
and all the executive and legislative officers, bodies, and 
powers shall continue in full force, in the enjo}aiient and 
exercise of all their trusts, employments and authority ; 
until the general court, and the supreme and executive offi- 
cers under this constitution, are designated and invested 
with their respective trusts, powers, and authority. 

X. [In order the more effectually to adhere to the Provision for 
principles of the constitution, and to correct those viola- Btitutionr°° 
tions which by any means may be made therein, as well provts/onaf to 
as to form such alterations as from experience shall be g™®"^™^^"**' 
found necessary, the general court which shall be in the ments, Art. ix. 
year of our Lord one thousand seven hundred and ninety- 
five, shall issue precepts to the selectmen of the several 

towns, and to the assessors of the unincorporated planta- 
tions, directing them to convene the qualified voters of 
their respective towns and plantations, for the piu-pose of 
collecting their sentiments on the necessity or expediency 
of revising the constitution, in order to amendments. 

And if it shall appear, by the returns made, that two- Provision for 
thirds of the qualified voters throughout the state, who 8titutk)l''°°' 
shall assemble and ^'ote in consequence of the said pre- 
cepts, are in favor of such revision or amendment, the 
general coiu-t shall issue precepts, or direct them to be 
issued from the secretary's office, to the several towns 
to elect delegates to meet in convention for the purpose 
aforesaid. 

The said delegates to be chosen in the same manner 
and proportion as their representatives in the second 
branch of the legislature are by this constitution to be 
chosen.] 



34 



CONSTITUTION OF THE 



Provieion for 
preserving and 
publishing this 

CODBtitUtiOD. 



XI. This form of government shall be enrolled on 
parchment, and deposited in the secretary's office, and be 
a part of the laws of the land ; and printed copies thereof 
shall be prefixed to the book containing the laAvs of this 
commonwealth, in all futm^e editions of the said laws. 



Bill, etc., not 
approved within 
five days, not to 
become a law, 
if legislature 
adjourn in tbe 
mean time. 
3 Mass. 567. 
See Const., Ch. 
I., § 1, Art. n. 



General court 
empowered to 
charter cities. 
122 Mass. 354. 



Proviso. 

112 Mass. 200. 



Qualificationsof 
voters for gov- 
ernor, lieuten- 
ant-governor, 
senators and 
representatives. 
See amend- 
ments, Arts. 
XXX. and 
XXXII. 
11 Pick. 538, 540. 
14 Pick. 341. 
14 Mass. 367. 
5 Met. 162, 298, 
691, 594. 



ARTICLES OF AMENDMENT. 

Article I. If any bill or resolve shall be objected to, 
and not approved by the governor ; and if the general 
com't shall adjourn within five days after the same shall 
have been laid before the governor for his approbation, 
and thereby prevent his returning it with his objections, 
as provided by the constitution, such bill or resolve shall 
not become a law, nor have force as such. 

Art. II. The general court shall have full power and 
authority to erect and constitute municipal or cit}^ gov- 
ernments, in any corporate town or towns in this com- 
monwealth, and to grant to the inhabitants thereof such 
powers, privileges, and immunities, not repugnant to the 
constitution, as the general court shall deem necessary 
or expedient for the regulation and government thereof, 
and to prescribe the manner of calling and holding public 
meetings of the inhabitants, in wards or otherwise, for 
the election of officers under the constitution, and the 
manner of retui'ning the votes given at such meetings. 
Provided, that no such government shall be erected or 
constituted in any toAvn not containing twelve thousand 
inhabitants, nor unless it be with the consent, and on the 
application of a majority of the inhabitants of such town, 
present and voting thereon, pursuant to a vote at a meet- 
ing duly warned and holden for that piu'pose. xVnd pro- 
vided, also, that all by-laws, made by such municipal 
or city government, shall be .subject, at all times, to be 
annulled by the general court. 

Art. III. Every male citizen of twent}-one years of 
age and upwards, excepting paupers and persons under 
guardianship, who shall have resided Avithin the common- 
wealth one year, and within the town or district in which 
he may claim a right to vote, six calendar months next 
preceding any election of governor, lieutenant-governor, 
senators, or representatives, [and who shall have paid, 
by himself, or his ])arent, master, or guardian, any state 



COMMONWEALTH OF MASSACHUSETTS. 35 

or county tax, which shall, within two years next preced- {^^^1^^%-^^ 
ins: such election, have been assessed upon him, in any 597. 

o -,..,,. 1111 l'^'^ Mass. 596. 

town or district ot this commonwealth ; and also every For educational 
citizen who shall be, by law, exempted from taxation, seeamend""' 
and who shall be, in all other respects, qualified as above For^pro^^Bi^' 
mentioned,] shall have a right to vote in such election of have serTeVin ° 
governor, lieutenant-governor, senators, and representa- t^e army m-^ 
fives ; and no other person shall be entitled to vote in of war, see 

- . ^ amendments, 

such election, Arts.xxviii. 

See also amendments, Art. XXIII., which was annulled by amendments, Art. XXVI. 

Art. IV. Notaries public shall be appointed by the Notaries public, 

.-, ^ . T . t r^ how appointed 

governor in the same manner as judicial omcers are ap- and removed. 
pointed, and shall hold their offices during seven years, 
unless sooner removed by the governor, with the consent 
of the council, upon the address of both houses of the 
legislature. 

fin case the office of secretarv or treasurer of the com- vacancies in the 

"-,,,, n 1 ,"" ,. 1 . offices of secre- 

monwealth shall become vacant irom any cause, diu'ing tary and treas- 
the recess of the general com*t, the governor, with the Th^e'ciauge'^^*^' 
advice and consent of the council, shall nominate and aJ^^endmlfnts^^ 
appoint, under such regulations as may be prescribed Art.xvii. 
by law, a competent and suitable person to such vacant 
office, who shall hold the same until a successor shall be 
appointed by the general court.] 

Whenever the exigencies of the commonwealth shall ge^I^l^ma^Jbe 
requk'e the appointment of a commissary-o-eneral, he shall appointed, in 

. T . T -, . . "^ ^T . , case, etc. 

be nominated, appointed, and commissioned, in such man- 
ner as the legislature may, b}^ law, prescribe. 

All officers commissioned to command in the militia Miutia officers, 

, 1 ,. ff, . 1 J 1 1 • how removed. 

may be removed irom omce in such manner as the legis- 
lature may, by law, prescribe. 

Art. V. In the elections of captains and subalterns ^\tio may vote 
of the militia, all the members of their respective compa- subaUeraT.* ''"'^ 
nies, as well those under as those above the age of twenty- 
one years, shall have a right to vote. 

Art. VI. Instead of the oath of allegiance prescribed by'ii/offlc^e^'' 
by the constitution, the followino- oath shall be taken and J^t®S?°^*A'-* t 

•^ , ~ . (Jq. Vi., Art. I. 

subscribed by every person chosen or appointed to any 
office,, civil or military, under the government of this 
commonwealth, before he shall enter on the duties of his 
office, to wit : — 

"I, A. B., do solemnly swear, that I will bear true 
faith and allegiance to the Commonwealth of Massachu- 
setts, and will support the constitution thereof. So help 
me, God." 



36 CONSTITUTION OF THE 

Quakl?8 may Providefl, That when any person shall be of the denomi- 
affirm. nation called Quakers, and shall decline taking said oath, 

he shall make his affirmation in the foregoing form, omit- 
ting the word ' ' swear " and inserting, instead thereof, the 
word "affirm," and omitting the words " So help me, God," 
and subjoining, instead thereof, the words, "This I do 
under the pains and penalties of perjury." 
Tests abolished. Art. VII. No oatli, declaration, or subscription, ex- 
cepting the oath prescribed in the preceding article, and 
the oath of office, shall be required of the governor, lieuten- 
ant-governor, councillors, senators, or representatives, to 
qualify them to perform the duties of their respective offices. 
of o°C.'^"'*^' Art. VIII. No judge of any com-t of this common- 
122 Mass. 445, wealth, (cxccpt the court of sessions,) and no person 
123 Mass. 525. holding any office under the authority of the United 
States, (postmasters excepted,) shall, at the same time, 
hold the office of governor, lieutenant-governor, or coun- 
cillor, or have a seat in the senate or house of representa- 
tives of this commonwealth ; and no judge of an}^ court in 
this commonwealth, (except the court of sessions,) nor the 
attorney-general, solicitor-general, county attorney, clerk 
of any court, sheriff, treasurer and receiver-general, reg- 
ister of probate, nor register of deeds, shall continue to 
hold his said office after being elected a member of the 
Congress of the United States, and accepting that trust ; 
but the acceptance of such trust, by any of the officers 
aforesaid, shall be deemed and taken to be a resignation 
of his said office ; and judges of the courts of common 
pleas shall hold no other office under the government of 
this commonwealth, the office of justice of the peace and 
militia offices excepted. 
^sutmion? *° Art. IX. If, at any time hereafter, any specific and 
how made. particular amendment or amendments to the constitution 
be proposed in the general cornet, and agreed to by a ma- 
jority of the senators and two-thirds of the members of 
the house of representatives present and voting thereon, 
such proposed amendment or amendments shall be entered 
on the journals of the two houses, with the yeas and nays 
taken thereon, and referred to the general court tlien next 
to be chosen, and shall be published ; and if, in the general 
court next chosen as aforesaid, such proposed amendment 
or amendments shall be agreed to by a majority of the 
senators and two-thirds of the members of the house of 
representatives present and voting thereon, then it shall 
be the duty of the general court to submit such proposed 



COiVOlONWEALTH OF MASSACHUSETTS. 37 

amendment or amendments to the people ; and if they 
shall be approved and ratified by a majority of the quali- 
fied voters, voting thereon, at meetings legally warned 
and holden for that purpose, they shall become part of 
the constitution of this commonwealth. 

Art. X. The political year shall begin on the first commencement 
"Wednesday of Januarj^ instead of the last Wednesday of year, 
May ; and the general court shall assemble every year on 
the said first Wednesday of Januar}^, and shall proceed, at 
that session, to make all the elections, and do all the other 
acts, which are by the constitution required to be made and 
done at the session which has heretofore commenced on the 
last Wednesday of May. And the general court shall be ^.^and termina. 
dissolved on the da}^ next preceding the first Wednesday 
of January, without any proclamation or other act of the 
governor. But nothing herein contained shall prevent 
the general coui't from assembling at such other times as 
they shall judge necessary, or when called together by the 
governor. The governor, lieutenant-governor and coun- 
cillors, shall also hold their respective offices for one year 
next following the fii'st Wednesday of January, and until 
others are chosen and qualified in theu* stead. 

[The meetino- for the choice of o^overnor, lieutenant- Meetings for the 

L o ^ O 111 choice of gov- 

ffovernor, senators, and representatives, shall be held on emor, iieuten- 

" ant-ffOVGrnor 

the second Monday of November in every year; but etc., when to be 
meetings may be adjourned, if necessary, for the choice This clause 
of representatives, to the next day, and again to the next am^en'dme'^nte^^ 
succeeding day, but no further. But in case a second ^^t-^v^' 
meeting shall be necessary for the choice of representa- 
tives, such meetings shall be held on the fourth Monday 
of the same month of November.] 

All the other provisions of the constitution, respecting 
the elections and proceedings of the members of the gen- 
eral court, or of any other ofiicers or persons whatever, that 
have reference to the last Wednesda}^ of May, as the com- 
mencement of the political j^ear, shall be so far altered, as 
to have like reference to the first Wednesda}^ of January. 

This article shall go into operation on the first day of ^^o^^t^^^° 
October, next following the day when the same shall be operation, 
duly ratified and adopted as an amendment of the consti- 
tution ; and the governor, lieutenant-governor, councillors, 
senators, representatives, and all other state officers, who 
are annually chosen, and who shall be chosen for the cur- 
rent year, when the same shall go into operation, shall 
hold their respective offices until the first Wednesday of 



38 



CONSTITUTION OF THE 



Inconeistent 

provisions 

animlled. 



Religious 
freedom 
established. 
See Dec. of 
Rights, Art. 
III. 



122 MaBB. 40,41. 



CeneuB of rata- 
ble polls to be 
taken in 1837, 
and decennially 
thereafter. 
This article was 
superseded by 
amendments, 
Art. XIII., 
which was also 
superseded by 
amendments, 
Art. XXI. 
Representa- 
tives, how 
apportioned. 



January then next following, and until others are chosen 
and qualified in their stead, and no longer : and the first 
election of the governor, lieutenant-governor, senators, and 
representatives, to be had in vklue of this article, shall 
be had conformabl}' thereunto, in the month of November 
following the day on which the same shall be in force, and 
go into operation, pursuant to the foregoing provision. 

All the provisions of the existing constitution, incon- 
sistent with the provisions herein contained, are hereb}^ 
wholly annulled. 

Art. XI. Instead of the third article of the bill of 
rights, the following modification and amendment thereof 
is substituted : — 

"As the public worship of God and instructions in 
piety, religion, and moralit}^ promote the happiness and 
prosperity of a people, and the security of a republican 
government ; therefore, the several religious societies of 
this commonwealth, whether corporate or unincorporate, 
at any meeting legally warned and holden for that pur- 
pose, shall ever have the right to elect theu* pastors or 
religious teachers, to contract Avith them for their support, 
to raise money for erecting and repairing houses for public 
worship, for the maintenance of religious instruction, and 
for the payment of necessary expenses ; and all persons 
belonging to any religious society shall be taken and held 
to be members, until they shall file with the clerk of such 
society a written notice, declaring the dissolution of their 
membership, and thenceforth shall not be liable for any 
grant or contract which ma}^ be thereafter made, or entered 
into by such society ; and all religious sects and denomi- 
nations, demeaning themselves peaceably, and as good 
citizens of the commonwealth, shall be equall}^ under the 
protection of the law ; and no subordination of any one 
sect or denomination to another shall ever be established 
by law." 

Art. XII. [In order to provide for a representation 
of the citizens of this commonwealth, founded upon the 
principles of equalit}', a census of the ratable polls, in each 
city, town, and district of the commonw(>alth, on the first 
day of IMa}^ shall be taken and returned into the secre- 
tary's office, in such manner as the legislature shall pro- 
vide, within the month of May, in the 3'^ear of our Lord 
one thousand eight hundred and thirt3"-seven , and in every 
tenth year thereafter, in the month of May, in manner 
aforesaid ; and each town or city having three hundred rata- 



CO^IMONWEALTH OF MASSACHUSETTS. 39 

ble polls at the last preceding decennial census of polls, 
may elect one representative, and for every four hundred 
and fifty ratable polls in addition to the first three hun- 
dred, one representative more. 

Any town having less than three hundred ratable polls Towns having 
shall be represented thus : The whole number of ratable ritabie^ous, 
polls, at the last preceding decennial census of polls, shall sented!^"^^ 
be multiplied by ten, and the product divided by tliree 
hundred ; and such town may elect one representative as 
many years within ten years, as three hundred is contained 
in the product aforesaid. 

Any city or town having ratable polls enough to elect f/prelented."'' 
one or more representatives, with any number of polls 
beyond the necessary number, ma}^ be represented, as to 
that surplus number, by multiplying such surplus number 
by ten and dividing the product by four hundred and fifty ; 
and such city or town may elect one additional representa- 
tive as many years, v.dthin the ten years, as four hundred 
and fifty is contained in the product aforesaid. 

Any two or more of the several towns and districts Towns may 

, j_ J. • •. X' J.1 1 1 J. i. unite into repre- 

may, by consent ot a majority ot the legal voters present seutative dis- 
at a legal meeting, in each of said towns and districts, *'^"^**' 
respectively, called for that purpose, and held previous to 
the first day of July, in the yvAv in which the decennial 
census of polls shall be taken, form themselves into a rep- 
resentative district to continue until the next decennial 
census of polls, for the election of a representative, or rep- 
resentatives ; and such district shall have all the rights, in 
regard to representation, which Avould belong to a town 
containing the same number of ratable polls. 

The governor and council shall ascertain and determine, The governor 
within the months of July and August, in the year of our deferm^elhe 
Lord one thousand eight hundred and thirty-seven, accord- resTntaUverto' 
ing to the foregoing principles, the number of representa- to^in'^ig^e^titied 
tives, which each city, town, and representative district 
is entitled to elect, and the number of years, within the 
period of ten years then next ensuing, that each city, 
town, and representative district may elect an additional 
representative ; and where any town has not a sufficient 
number of polls to elect a representative each year, then , 
how many years within the ten years, such town may elect 
a representative ; and the same shall be done once in ten New apportion. 

,1 /v 1 .1 1 M 1 ji ment to be made 

years, thereatter, by the governor and council, and the once in every 
number of ratable polls in each decennial census of polls, ^^^y®*'"- 
shall determine the number of representatives, which each 



40 



CON&TITUTIOX OF THE 



Inconsistent 

provisions 

annulled. 



Census of in- 
habitants to be 
taken in 1S40, 
and decennially 
thereafter, for 
basis of repre- 
sentation. 
Provisions as to 
• census super- 
seded by amend- 
.ments, Arts. 
:XXI. and XXII. 

Senatorial dis- 
tricts declared 
permanent. 
Provisions as to 
senators super- 
seded by amend- 
ments, Art. 
XXII. 



House of repre- 
sentatives, how 
apportioned. 
Provisions as to 
representatives 
superseded by 
amendments, 
Art. XXI. 



Small towns, 
how repre- 
sented. 



Towns may 
unite into 
representative 
districts. 



city, town and representative district may elect as afore- 
said ; and when the number of representatives to be elected 
by each city, town, or representative district is ascertained 
and determined as aforesaid, the governor shall cause the 
same to be pubhshed forthwith for the information of the 
people, and that number shall remain fixed and unalterable 
for the period of ten years. 

All the provisions of the existing constitution incon- 
sistent with the provisions herein contained, are hereby 
wholh^ annulled.] 

Art, XIII. [A census of the inhabitants of each city 
and town, on the first day of May, shall be taken, and 
returned into the secretary's office, on or before the last 
day of June, of the year one thousand eight hundred and 
forty, and of every tenth year thereafter ; which census 
shall determine the apportionment of senators and repre- 
sentatives for the term of ten 3^ears. 122 Mass. 595. 

The several senatorial districts now existing shall be 
permanent. The senate shall consist of forty members ; 
and in the year one thousand eight hundred and forty, 
and every tenth jear thereafter, the governor and council 
shall assign the number of senators to be chosen in each 
district, according to the number of inhabitants in the 
same. But, in all cases, at least one senator shall be 
assigned to each district. 

The members of the house of representatives shall be 
apportioned in the following manner : Every town or city 
containing twelve hundred inhabitants ma}^ elect one rep- 
resentative ; and two thousand foiu' hundred inhabitants 
shall be the mean increasing number, which shall entitle 
it to an additional representative. 

Every town containing less than twelve hundred inhab- 
itants shall be entitled to elect a representative as many 
times within ten years as the number one hundred and 
sixty is contained in the number of the inhabitants of said 
town. Such towns may also elect one representative for 
the year in which the valuation of estates within the com- 
monwealth shall be settled. 

Any two or more of the several towns may, by consent 
of a majority of the legal voters present at a legal meet- 
ing, in each of said towns, respectively, called for that 
purpose, and held before the first day of August, in the 
year one thousand eight hundred and fort}^ and every 
tenth year thereafter, form themselves into a representa- 
tive district, to continue for the term of ten years ; and 



COMMONWEALTH OF MASSACHUSETTS. 41 

such district shall have all the rights, in regard to repre- 
sentation, which would belong to a town containing the 
same number of inhabitants. 

The number of inhal)itant8 Avhich shall entitle a town Basis of 

, 1 . , , . 1,1 • • representation, 

to elect one representative, and the mean increasing num- and ratio of 
ber which shall entitle a town or city to elect more than "'*'^®**®- 
one, and also the number by which the population of towns 
not entitled to a representative every year is to be divided, 
shall be increased, respectively^ by one-tenth of the num- 
bers above mentioned, whenever the population of the 
commonwealth shall have increased to seven hundred and 
seventy thousand, and for every additional increase of 
sevent}^ thousand inhabitants, the same addition of one- 
tenth shall be made, respectively, to the said numbers 
above mentioned. 

In the year of each decennial census, the governor and Jn^dcm^cilto 
council shall, before the first day of September, a})portion aumber°o/^^ 
the number of representatives which each city, town, and representatives 
representative district is entitled to elect, and ascertain once in every 
how many years, within ten 3'ears, any town may elect a ^"y®*'^®* 
representative, which is not entitled to elect one every 
3^ear ; and the governor shall cause the same to be pub- 
lished forthwith. 

Nine councillors shall be annually chosen from among councillors to 
the people at large, on the first Wednesday of January, the'^peopfe 1°°* 
or as soon thereafter as may be, by the joint ballot of the Pro^gi 



sions as to 



senators and representatives, assembled in one room, who superseded by 
shall, as soon as may be, in like manner, fill up any vacan- ^endments, 
cies that may happen in the council, by death, resignation, 
or otherwise. No person shall be elected a councillor, who Qualifications 
has not been an inhabitant of this commonwealth for the ° ^'^^'^^ °^^' 
term of five ^^ears immediateh' })receding his election ; 
and not more than one councillor shall be chosen from 
any one senatorial district in the commonwealth.] 

No possession of a fi?eehold, or of any other estate, shall quaimciuon^for 
be required as a qualification for holdino- a seat in either a seat in general 

, ,. ,, , . , ~ . ., court or council 

branch ot the general court, or in the executive council, not required. 

Art. XIV. In all elections of civil officers b}' the Elections by the 
people of this commonwealth, whose election is provided piufaut^yof "^^ 
for by the constitution, the person having the highest num- ^°*^^ 
ber of votes shall be deemed and declared to be elected. 

Art. XY. The meeting for the choice of governor, Time of annual 
lieutenant-governor, senators, and representatives, shall emor and legis. 
be held on the Tuesday next after the first Monday in ^^*"'®' 
November, annually ; but in case of a failure to elect rep- 



42 CONSTITUTION OF THE 

resentativcs on that day, a second meeting shall be holden, 
for that })urpose, on the foiu'th ^Nlonda}- of the same month 
of November. 
i^r^tobeTholen ^^T. XVI. Eight councillors shall be annually chosen 
by the people, by the inhabitants of this commonwealth, qualified to vote 
598. ' ' for governor. The election of councillors shall be deter- 
mined b}^ the same rule that is required in the election of 
governor. The legislature, at its first session after this 
amendment shall have been adopted, and at its first ses- 
sion after the next state census shall have been taken, 
and at its first session after each decennial state census 
di^tricfe^tate^" thercafterwards, shall divide the commonwealth into eight 
districts of contiguous territory, each containing a number 
of inhabitants as nearly equal as practicable, without divid- 
ing an}^ town or ward of a citj, and each entitled to elect 
one councillor : provided, hoivever, that if, at any time, the 
constitution shall provide for the division of the common- 
wealth into fort}^ senatorial districts, then the legislature 
shall so arrange the councillor districts, that each district 
shall consist of five contiguous senatorial districts, as 
they shall be, from time to time, established by the legis- 
diffied.^*^ lature. No person shall be eligible to the office of coun- 
cillor who has not been an inhabitant of the commonwealth 
for the term of five j^ears immediately preceding his elec- 
^eTof'dertfon tiou. The day and manner of the election, the retm-n of 
etc the votes, and the declaration of the said elections, shall 

be the same as are requii'cd in the election of governor. 
j^acancies, how [^vhenevcr there shall be a failure to elect the full num- 
Kornewpro- j^gj, gf couucillors, the vacancics shall be filled in the same 

vision as to . '^ 

vacancies, see manner as is required for filling vacancies in the senate ; 

Art. XXV. ' and vacancies occasioned b}^ death, removal from the state, 

or otherAvise, shall be filled in like manner, as soon as may 

Organization of \)q after sucli vacancics shall have hai)pened.l And that 

the government. ' t i • i • • <• i 

there ma}^ be no delaA" m the organization ot the govern- 
ment on the fii'st Wednesda}^ of Januaiy, the governor, 
with at least five councillors for the time being, shall, as 
soon as may be, examine the returned copies of the records 
for the election of governor, lieutenant-governor, and coun- 
cillors ; and ten days before the said first Wednesday in 
January he shall issue his summons to such persons as 
appear to be chosen, to attend on that day to be qualified 
accordingly ; and the secretary shall la}' the returns before 
the senate and house of representatives on the said fii'st 
Wednesda}'^ in January, to be by them examined ; and in 
case of the election of either of said officers, the choice 



COMMONWEALTH OF MASSACHUSETTS. 43 

shall be by them declared and published ; but in case there 
shall be no election of either of said officers, the legislat- 
ure shall proceed to fill such vacancies in the manner pro- 
vided in the constitution for the choice of such officers. 

Art. XVH. The secretary, treasurer and receiver- Election of 
general, auditor, and attorney-general, shall be chosen urer!audko7f^' 
annually, on the day in November prescribed for the generarby^the 
choice of governor ; and each- person then chosen as such, people- 
duly qualified in other respects, shall hold his office for 
the term of one year from the third Wednesda}" in Jan- 
uary next thereafter, and until another is chosen and 
qualified in his stead. The qualification of the voters, 
the manner of the election, the return of the votes, and 
the declaration of the election, shall be such as are required 
in the election of o-overnor. In case of a failure to elect vacancies, how 

o _ filled. 

either of said officers on the day in November aforesaid, 
or in case of the decease, in the mean time, of the person 
elected as such, such officer shall be chosen on or before 
the third "Wednesday in January next thereafter, from 
the two persons who had the highest number of votes for 
said offices on the day in November aforesaid, by joint 
ballot of the senators and representatives, in one room ; 
and in case the office of secretary, or treasurer and receiver- 
general, or auditor, or attorney-general, shall become va- 
cant, from any cause, dming an annual or special session 
of the general court, such vacancy shall in like manner 
be filled by choice from the people at large ; but if such 
vacancy shall occur at any other time, it shall be supplied 
by the governor by appointment, with the advice and con- 
sent of the council. The person so chosen or appointed, 
duly qualified in other respects, shall hold his office until 
his successor is chosen and duly qualified in his stead. 
In case any person chosen or appointed to either of the To qualify 
offices aforesaid, shall neglect, for the space of ten days rtherwiB^ office 
after he could otherwise enter upon his duties, to qualify vac'ant.^^'^^^ 
himself in all respects to enter upon the discharge of such 
duties, the office to which he has been elected or appointed 
shall be deemed vacant. No person shall be eligible to Qualification 
either of said offices unless he shall have been an inhabi- "^^"^"'^ ®" 
tant of this commonwealth five years next preceding his 
election or appointment. 

Art. XVIII. All moneys raised by taxation in the school moneys 
towns and cities for the support of public schools, and pHed°for secta- 
all moneys which may be appropriated by the state for Fo^or^^nit 
the support of common schools, shall be applied to, and provision as to 



44 



COXSTITUTION OF THE 



Bchools, see 

constitution, 

Part First, Art. 

III. 

12 AUen, 500, 

508. 

103 Mass. 94, 96. 



Legislature to 
prescribe for 
the election of 
sheriffs, regis- 
ters of probate, 
etc. See 
amendments, 
Art. XXXVI. 
8 Gray, 1. 
13 Gray, 74. 



Reading consti- 
tution in 
English and 
writing, neces- 
sary qualifica- 
tions of voters. 
Proviso. 
For other quali- 
fications, see 
amendments. 
Art. III. 
See also amend- 
ments, Art. 
XXIII., which 
was annulled by 
amendments, 
Art. XXVI. 

Census of legal 
voters and of 
inhabitants, 
when taken, 
etc. See 
P. S. c. 31. 



House of repre- 
sentatives to 
consist of 240 
members. 
Legislature to 
apportion, etc. 
10 Gray, 613, 



expended in, no other schools than those which are con- 
ducted according to law, under the order and superintend- 
ence of the authorities of the town or city in which the 
money is to be expended ; and such nionej^s shall never 
be appropriated to any religious sect for the maintenance, 
exclusively, of its own school. 

Art. XIX. The legislature shall prescribe, b}^ general 
law, for the election of sheriffs, registers of probate, [com- 
missioners of insolvency,] and clerks of the courts, by the 
people of the several counties, and that district-attorneys 
shall be chosen by the people of the several districts, for 
such term of oiBce as the legislature shall prescribe. 

110 Mass. 172, 173. 117 Mass . 602, 603. 121 Mass. 65. 

Art. XX. No person shall have the right to vote, or 
be eligible to office under the constitution of this common- 
wealth, who shall not be able to read the constitution in 
the English language, and write his name : ])rovided, how- 
ever, that the provisions of this amendment shall not apply 
to any person prevented b}' a physical disability from com- 
plying with its requisitions, nor to any person who now 
has the right to vote, nor to any persons who shall be 
sixty years of age or upwards at the time this amendment 
shall take effect. 

Art. XXI. A census of the legal voters of each city 
and town, on the first day of May, shall be taken and 
retiu'ned into the office of the secretary of the common- 
wealth, on or before the last day of June, in the vear one 
thousand eight hundred and fifty-seven ; and a census of 
the inhabitants of each city and town, in the year one 
thousand eight hundred and sixty-five, and of every tenth 
year thereafter. In the census aforesaid, a special enumer- 
ation shall be made of the legal voters ; and in each city, 
said enumeration shall specify the number of such legal 
voters aforesaid, residing in each ward of such city. The 
enumeration aforesaid shall determine the apportionment 
of representatives for the periods between the taking of 
the census. 

The house of representatives shall consist of two hun- 
dred an4 forty members, which shall be apportioned by 
the legislature, at its first session after the return of each 
enumeration as aforesaid, to the several counties of the 
commonwealth, equally, as nearly as may be, according 
to their relative numbers of legal voters, as ascertained 
by the next preceding special enumeration ; and the town 
of Cohasset, in the county of Norfolk, shall, for this pur- 



COMMONWEALTH OF MASSACHUSETTS. 45 

pose, as well as in the formation of districts, as hereinafter 

provided, be considered a part of the county of Plymouth ; 

and it shall be the dut}^ of the secretary of the common- secretary shall 

wealth, to certify, as soon as may be after it is determined cers^authorized 

by the legislature, the number of representatives to which counties. 

each county shall be entitled, to the board authorized to 

divide each county into representative districts. The 

mayor and aldermen of the city of Boston, the county 

coimiiissioners of other counties than Suffolk, — or in lieu 

of the mayor and aldermen of the city of Boston, or of the 

county commissioners in each county other than Suffolk, 

such board of special commissioners in each county, to 

be elected by the people of the county, or of the towns 

therein, as may for that purpose be provided by law, — 

shall, on the first Tuesday of August next after each Meeting for 

, cy J.J.-X I X iij. division to be 

assignment of representatives to each countj^ assemble at first Tuesday 
a shire town of their respective counties, and proceed, as Pr^ef^ngs. 
soon as may be, to divide the same into representative 
districts of contiguous territory, so as to apportion the 
representation assigned to each county equally, as nearly 
as may be, according to the relative number of legal voters 
in the several districts of each county ; and such districts 
shall be so formed that no town or ward of a city shall 
be divided therefor, nor shall any district be made which 
shall be entitled to elect more than three representatives. 
Every representative, for one j^ear at least next preceding Quaiificationsof 
his election, shall have been an inhabitant of the district i22Mat8!'595f^' 
for which he is chosen, and shall cease to represent such ^^^" 
district when he shall cease to be an inhabitant of the 
commonwealth. The districts in each county shall be Districts to be 
numbered by the board creating the same, and a descrip- de^rib^d'and 
tion of each, with the numbers thereof and the number ''®'^'^^*'- 
of legal voters therein, shall be returned by the board, to 
the secretary of the commonwealth, the county treasurer 
of each county, and to the clerk of every town in each 
district, to be filed and kept in theu" respective offices. 
The manner of callino- and conductino; the meetino;s for 
the choice of representatives, and of ascertaining their 
election, shall be prescribed by law. [Not less than one Quorum, see 
hundred members of the house of representatives shall An. xSll 
constitute a quorum for doing business ; but a less num- 
ber may organize temporarily, adjourn from day to day, 
and compel the attendance of absent members.] 

Art. XXH. A census of the les^al voters of each city Census, etc. 

~ See P. H. c 31. 

and town, on the first daj' of May, shall be taken and 



46 



COXSTITUTIOX OF THE 



Voters to be 
basis of appor- 
tionment of 
senators. 



Senate to con- 
sist of forty 
members. 



Senatorial 
districts, etc. 



See amend- 
ments, Art. 
XXIV. 



Qualifications 
of senators. 



Quorum, see 
amendments, 
Art. XXXIII. 



Residence of 
two years re- 
quired of natu- 
ralized citizens, 
to entitle to suf- 
frage or make 
eligible to oilice. 
This article 
annulled by 
Art. XXVi. 



Vacancies in the 
senate. 



returned into the office of the secretary of the common- 
wealth, on or before the last day of June, in the year one 
thousand eight hundred and fifty-seven ; and a census of 
the inhabitants of each city and town, in the year one 
thousand eight hundred and sixty-five, and of ever}^ tenth 
year thereafter. In the census aforesaid, a special enu- 
meration shall be made of the legal voters, and in each 
city said enumeration shall specify the number of such 
legal voters aforesaid, residing in each ward of such cit}'. 
The enumeration aforesaid shall determine the apportion- 
ment of senators for the periods between the taking of the 
census. The senate shall consist of forty members. The 
general court shall, at its first session after each next pre- 
ceding special enumeration, divide the commonwealth into 
fort}^ districts of adjacent territory, each district to contain, 
as nearly as ma}^ be, an equal number of legal voters, ac- 
cording to the enumeration aforesaid : provided, hoicever, 
that no town or ward of a city shall be divided therefor ; 
and such districts shall be formed, as nearly as may be, 
without uniting two counties, or parts of two or more 
counties, into one district. Each district shall elect one 
senator, who shall have been an inhabitant of this com- 
monwealth five years at least immediately preceding Ms 
election, and at the time of his election shall be an inhab- 
itant of the district for which he is chosen ; and he shall 
cease to represent such senatorial district when he shall 
cease to be an inhabitant of the commonwealth. [Xot less 
than sixteen senators shall constitute a quorum for doing 
business ; but a less number ma}^ organize temporarily, 
adjourn from day to day, and compel the attendance of 
absent members.] 

Art. XXIII. [Xo person of foreign birth shall be en- 
titled to vote, or shall be eligible to office, unless he shall 
have resided within the jurisdiction of the United States 
for two 3'ears subsequent to his naturalization, and shall 
l)e otherwise qualified, according to the constitution and 
laws of this commonwealth : provided, that this amend- 
ment shall not afiect the riglits which any person of foreign 
birth possessed at the time of the adoption thereof; and, 
provided, further, that it shall not affect the rights of any 
child of a citizen of the United States, born dm'ing the 
temporary absence of the parent therefrom.] 

Art. XXIV. Any vacancy in the senate shall be filled 
by election by the people of the unrepresented district, 
upon the order of a majority of the senators elected. 



COMMONWEALTH OF MASSACHUSETTS. 47 

Art. XXV. In ca.sG of a vacancy in the council, from vacancies in the 

COllQCil 

a failiu^e of election, or other cause, the senate and house 
of representatives shall, by concurrent vote, choose some 
eligible person from the people of the district wherein such 
vacancy occurs, to fill that office. If such vacancy shall 
happen when the legislature is not in session, the governor, 
with the advice and consent of the council, may fill the same 
by appointment of some eligible person. 

Art. XXVI. The twenty-third article of the articles Twenty -tMrd 
of amendment of the constitution of this commonwealth, amendments 
which is as follows, to wit: " No person of foreign birth ^"""Ued. 
shall be entitled to vote, or shall be ehgible to office, unless 
he shall have resided within the jurisdiction of the United 
States for two years subsequent to his naturalization, and 
shall be otherwise qualified, according to the constitution 
and laws of this coumion wealth : jjrovided, that this amend- 
ment shall not aftect the rights which any person of foreign 
birth possessed at the time of the adoption thereof; and 
provided, further, that it shall not afiect the rights of any 
child of a citizen of the United States, born during the tem- 
porary absence of the parent therefrom," is hereby wholly 
annulled. 

AllT. XXVII. So much of article two of chapter six Provisions of 

of the constitution of this commonwealth as relates to per- vi.,' relating to 
sons holding the office of president, professor, or instructor vSrcoiieget'^" 
of Harvard'College, is herebv annulled. annulled. 

Art. XXVIII. No person havino- served in the army superseded by 

o ^ •^ Art. XX^T , 

or navy of the United States in time of war, and having 
been honorably discharged from such service, if otherwise 
qualified to vote, shall be disqualified therefor on account 
of being a pauper ; or, if a pauper, because of the non- 
payment of a poll tax. 

Art. XXIX. The general court shall have full power voting pre- 
and authority to provide for the inhabitants of the towns 
in this conunonwealth more than one place of public meet- 
ing within the limits of each town for the election of officers 
under the constitution, and to prescribe the manner of call- 
ing, holding and conducting such meetings. All the pro- 
visions of the existino- constitution inconsistent with the 
provisions herein contained are hereb}' annulled. 

Art. XXX. No person, otherwise qualified to vote in voters not dis- 
elections for governor, lieutenant-governor, senators, and ?"aUn^of ^ 
representatives, shall, by reason of a change of residence dencf untiitix 
within the commonwealth, be disqualified from voting for ™^e*o/removai. 
said officers in the citv or town from which he has removed 



48 



CONSTITUTION OF THE 



Amendments, 
Art. XX VIII. 
amended. 



Person who 
served In army 
or navy, etc., 
not disqualified 
from voting for 
non-payment of 
poll tax. 



Provisions of 
amendments. 
Art. III., rela- 
tive to payment 
of a tax as a 
voting qualifica- 
tion, annulled. 



Quorum, in each 
branch of the 
general court, 
to consist of a 
majority of 
members. 



Provisions of 
Art. II., § I., 
Chap. II., Part 
II., relative to 
property quali- 
fication of 
governor, 
annulled. 



Provisions of 
Art. II., § III., 
Chap. I., rela- 
tive to expense 
of travelling to 
the general 
a[^sembly by 
members of the 
house,aunulled. 



his residence, until the expiration of six calendar months 
from the time of such removal. 

Art. XXXI. Article twenty-eight of the amendments 
of the constitution is hereby amended bv striking out in 
the fourth line thereof the words " being a pauper", and 
inserting in place thereof the words : — receiving or having 
received aid from anv city or town, — and also by striking 
out in said fourth line the words " if a pauper", so that 
the article as amended shall read as follows : Aeticle 
XXVIII. No person liaving served in the army or navy 
of the United States in time of war, and having been hon- 
orably discharged from such service, if otherwise qualified 
to vote, shall be disqualified therefor on account of receiv- 
ing or having received aid from any city or town, or be- 
cause of the non-payment of a poll tax. 

Art. XXXII. So much of article three of the amend- 
ments of the constitution of the commonwealth as is con- 
tained in the following words : " and who shall have paid, 
by himself, or his parent, master, or guardian, any state or 
county tax, which shall, within two years next preceding 
such election, have been assessed upon him, in any town 
or district of this commonwealth ; and also every citizen 
who shall be, by law, exempted from taxation, and Avho 
shall be, in all other respects, qualified as above men- 
tioned ", is hereby annulled. 

Art. XXXIII. A majorit}^ of the members of each 
branch of the general court shall constitute a quorum for 
the transaction of business, but a less number may adjourn 
from day to day, and compel the attendance of absent 
members. All the provisions of the existing constitu- 
tion inconsistent Tvdth the provisions herein contained are 
hereby annulled. 

Art. XXXIV. So much of article two of section one 
of chapter two of part the second of the constitution of 
the commonwealth as is contained in the following words : 
"and unless he shall at the same time be seised, in his 
own right, of a freehold, within the commonwealth, of the 
value of one thousand pounds " ; is hereby annulled. 

Art. XXXV. So much of article two of section three 
of chapter one of the constitution of the commonwealth 
as is contained in the following words : ' ' The expenses of 
travelling to the general assembly, and returning home, 
once in every session, and no more, shall be paid by the 
government, out of the public treasury, to ever}^ mem- 
ber who shall attend as seasonably as he can, in the judg- 



COMMONWEALTH OF MASSACHUSETTS. 49 

ment of the house, and does not depart without leave", 
is liereby annulled. 

Art. XXXVI. So much of article nineteen of the Amendments, 

. , ^ T . . ^ 1 Art. XIX., 

articles oi amendment to the constitution ot the common- amended. 
wealth as is contained in the following words : " commis- 
sioners of insolvency", is hereby annulled. 



The constitution of Massachusetts was agreed upon by delegates 
of the people, in convention, begun and held at Cambridge, on the 
first day of September, 1779, and continued by adjournments to the 
second day of March, 1780, when the convention adjourned to meet 
on the first Wednesday of the ensuing June. In the mean time the 
constitution Avas submitted to the people, to be adopted by them, 
provided two-thirds of the votes given should be in the afiirmative. 
AVlien the convention assembled, it was foimd that the constitution 
had been adopted by the requisite number of votes, and the conven- 
tion accordingly Resolved, ' ' That the said Constitution or Frame of 
Government shall take place on the last Wednesday of October next ; 
and not before, for any purpose, save only for that of making elec- 
tions, agreeable to this resolution." The first legislature assembled 
at Boston, on the twenty-fifth day of October, 1780. 

The first nine Articles of Amendment were svibmitted, by delegates 
in convention assembled, November 15, 1820, to the people, and by 
them ratified and adopted April 9, 1821. 

The tenth Article was adopted by the legislatures of the jiolitical 
years 1829-30 and 1830-31, respectively, and was ajiproved and 
ratified by the people May 11, 1831. 

The eleventh Article was adopted by the legislatures of the politi- 
cal years 1832 and 1833, respectively, and was approved and ratified 
by the people November 11, 1833. 

The twelfth Article was adopted by the legislatures of the political 
years 1835 and 1836, respectively, and was approved and ratified by 
the people the fourteenth day of November, 1836. 

The thirteenth Article was adopted by the legislatures of the politi- 
cal years 1839 and 1840, respectively, and was apj^roved and ratified 
by the people the sixth day of April, 1840. 

The fourteenth, fifteenth, sixteenth, seventeenth, eighteenth, and 
nineteenth Articles were adopted by the legislatures of the political 
years 1854 and 1855, respectively, and ratified by the people the 
twenty -third day of May, 1855. 

The twentieth, twentj^-first, and twenty-second Articles were 
adopted by the legislatures of the political years 1856 and 1857, 
respectively, and ratified by the people on the first day of May, 1857. 



50 CONSTITUTION OF MASSACHUSETTS. 

The twenty-third Article was adopted by the legislatures of the 
political years 1858 and 1859, respectively, and ratified by the people 
on the ninth day of May, 1859, and was repealed by the twenty-sixth 
Amendment. 

The twenty-fourth and twentj^-fifth Articles were adopted by the 
legislatures of the political j'ears 1859 and 1860, and ratified by the 
peo^jle on the seventh day of May, 1860. 

The twenty-sixth Article was adopted by the legislatures of the 
political years 1862 and 1863, and ratified by the people on the sixth 
day of April, 1863. 

The twenty -seventh Article was adopted by the legislatures of the 
political years 1876 and 1877, antl was aj)proved and ratified by the 
people on the sixth day of Xovember, 1877. 

The twenty-eighth Article Avas adopted by the legislatiu'es of the 
political years 1880 and 1881, and Avas approved and ratified by the 
people on the eighth day of November, 1881. 

The twenty-ninth Article Avas adopted by the legislatures of the 
political years 1884 and 1885, and Avas approved and ratified bj^ the 
people on the third day of November, 1885. 

The thirtieth and thirty -first Articles Avere adopted b}' the legis- 
latures of the political years 1889 and 1890, and Avere approved and 
ratified by the peoi^le on the fourth day of November, 1890. 

The thirty-second and thirty -third Articles Avei'e adopted by the 
legislatures of the political years 1890 and 1891, and Avere api^roved 
and ratified by the jjeople on the third day of November, 1891. 

The thirty-fourth Article was adopted by the legislatiu'es of the 
political years 1891 and 1892, and Avas approved and ratified by the 
people on the eighth day of November, 1892. 

The thirty-fifth Article Avas adopted by the legislatures of the 
political years 1892 and 1893, and was approA'ed and ratified by the 
jjeople on the seventh day of November, 1893. 

The thirty-sixth Article AA^as adopted by the legislatures of the 
political years 1893 and 1894, and Avas approved and ratified by the 
people on the sixth day of November, 1894. 



[A proposed Article of Amendment, prohibiting the manufacture 
and sale of Intoxicating Liquor as a beverage, adoj^ted by the legis- 
latures of the political years 1888 and 1889, was rejected by the 
people on the twenty-second day of April, 1889.] 

[Proposed Articles of Amendment, (1) Establishing biennial 
elections of state officers, and (2) Establishing biennial elections 
of members of the General Court, adopted by the legislatures of 
the political years 1895 and 1896, Avere rejected by the people at 
the annual election held on the third day of November, 1896.] 



INDEX TO THE CONSTITUTION. 



A. 

Page 
Address of both houses of the legislature, judicial officers may be 

removed by governor with consent of council upon, . 26 

Adjutant-general, appointed by the governor, .... 22 
Adjutants, to be apjiointed by commanding officers of regiments, . 22 
Affirmations, instead of the required oaths, may be made by 

Quakers, 30,31,36 

Agriculture, arts, commerce, etc., to be encouraged, ... 29 

Alimony, divorce, etc., 27 

Amendment to the constitution, proposed in the general court, 
agreed to by a majority of senators and two-thirds of 
house present and voting thereon by yeas and nays ; en- 
tered upon the journals of both houses, and referred to 
the next general coiirt ; if the next general court agrees 
to the j)roposition in the same manner, and to the same 
effect, it shall be submitted to the jieople, and, if approved 
by them by a majority vote, becomes a part of the con- 
stitution, 36,37 

Apportionment of councillors, 24,41,42 

state to be divided into eight districts, ... . . 42 

Apportionment of senators, 13, 40, 46 

on basis of legal voters, and state to be divided into forty 

districts, 46 

Apportionment of representatives, 16,39,40,44 

to the several counties, made on the basis of legal voters, . 44 
Armies, dangerous to liberty, and not to be maintained without 

consent of the legislature, ....... 8 

Arms, right of people to keep and to bear, for jjublic defence, . 8 
Arrest, members of house of representatives exempted from, on 
mesne process, while going to, returning from, or attend- 
ing the general assembly, 18 

Arrest, search and seizure, right of, regulated, .... 7 
warrant to contain special designation, ..... 7 
Attorney-general, to be chosen by the people annually in Novem- 
ber, 21,43 

to hold office for one year Irom third Wednesday in January 

next thereafter, and until another is chosen and qualilied, 43 
election determined by legislature, ... ... 43 

in failure of election by the voters, or in case of decease of 
person elected, vacancy to be filled by joint ballot of legis- 
lature from the two persons having the highest number 
of votes at November election, 43 

51 



52 INDEX TO THE CONSTITUTION 



Page 



Attorney-general, vacancy occurring during session of the legislat- 
ure, filled by joint ballot of legislature from the people 
at large, 43 

vacancy occurring dvunng recess of legislature, filled by gov- 
ernor by appointment, with consent of council, . , 43 

not eligible, unless an inhabitant of the state for five years 

next preceding election or ajipoiutment, .... 43 

ofiice to be deemed vacant if jierson elected or appointed fails 

to be qualified within ten days, 43 

Attorneys, district, elected by the people of the several districts, . 44 
Auditor, to be chosen by the people annually in November, . . 43 

to hold office for one year from third Wednesday in January 

next thereafter, and mitil another is chosen and qualified, 43 

election determined by legislature, 43 

vacancy filled in same manner as in ofiice of attorney-general, 43 

not eligible, unless an inhabitant of the state for five years 

next preceding election, 43 

ofi[ice to be deemed vacant if person elected or appointed fails 

to be qualified within ten days, 43 



B. 

Bail or sureties, excessive, not to be required, .... 9 

Bills, money, to originate in the house of representatives, . . 17 
Bills and resolves, to be laid before governor for revisal, . , 10 
to have force of law if signed by governor, .... 10 
if objected to by governor in writing, to be returned to 
branch in which originated, and may be passed by two- 
thirds of each branch present and voting thereon by yeas 

and nays, 10 

if not returned bj' governor within five days after presenta- 
tion, to have force of law, unless the legislature adjourns 

before that time expires, 11,34 

Boards, public, to make quarterly reports to the governor, . . 22 

Body politic, formation and nature of, 3 

title of : The Commonwealth of Massachusetts, ... 10 
Bribery or corruption used in procuring an appointment or elec- 
tion, to disqualify from holding any office of trust, etc., . 32 

c. 

Census of ratable polls, 38 

of inhabitants, ......... 40, 44, 45 

of inhabitants and legal voters taken in the year 1865, and 

every tenth year thereafter, 44, 46 

enumeration of voters to determine the apportionment of 

representatives, ......... 44 



INDEX TO THE CONSTITUTION. 53 



Cities, may be chartered by the general court, if containing twelve 
thousand inhabitants and consented to by a majority' 

thereof, 34 

Civil officers, meeting for election to be held annually on the Tues- 
day next after the first Monday in November, ... 41 
whose election is provided for by the constitution to be 

elected by a plurality of votes, 41 

Clerks of courts, elected by the jjeople of the several counties, . 44 
Clerks of towns, to make records and returns of elections, . . 13 
Colonial laws, not repugnant to the constitution, continued in 

force, . 32 

Commander-in-chief, governor to be, 20 

Commerce, agriculture and the arts, to be encouraged, ... 29 
Commissary-general, appointed and commissioned as fixed by law, 25, 35 
Commission officers, tenure of office to be expressed in commissions, 26 
Commissioners of insolvency, elected by the people of the several 

counties ; annulled, '. . . . . . . . 44, 49 

Commissions, to be in the name of the commonwealth, signed by 
governor, attested by the secretary, and have the great 

seal affixed, 32 

Congress, delegates to, 27 

members of, may not hold certain state offices, ... 36 
Constitution, amendment to, proposed in the general court, agreed 
to by a majority of senators and two-thirds of the house 
present and voting thereon by yeas and nays ; entered 
upon the journals of both houses, and referred to the next 
general court ; if the next general court agrees to the 
proposition in the saine manner and to the same effect, it 
shall be submitted to the joeople, and, if approved by them 
by a majority vote, becomes a part of the constitution, . 36, 37 
Constitution, jirovisions for revising, ...... 33, 36 

to be enrolled on parchment, deposited in secretary's office, 

and jjrinted in all editions of the laws, .... 34 

Coroners, 21 

Corruption or bribery used in procuring any appointment or elec- 
tion, to disqualify from holding any office of trust, etc., . 32 
Council, five members to constitute a quorum, .... 24 

eight councillors to be elected annually, 24, 42 

election to be determined by rule required in that of gov- 
ernor, .42 

to take oath of office before the president of the senate in 

presence of both houses of assembly, .... 29 

to rank next after the lieutenant-governor, .... 25 
resolutions and advice to be recorded in a register, and signed 

by the members present, 25 

register of council may be called for by either house, . . 25 
to exercise the power of governor when office of governor 

and lieutenant-governor is vacant, 25 



54 



INDEX TO THE CONSTITUTION 



Council, no property qualification required, 

eight districts to be formed, each composed of five contiguous 

senatorial districts, 

eligible to election if an inhabitant of state for five years pre- 
ceding election, ......... 

term of office, 

vacancy to be filled by election of a resident of the district by 

' concurrent vote of the senate and house ; if legislature is 

not in session, to be filled by governor with advice of 

council, .......... 

Court, superior, judges not to hold certain other offices. 
Court, supreme judicial, judges to have honorable salaries fixed 
by standing laws, and to hold office during good be- 
havior, .......... 

judges not to hold certain other offices, ..... 

to give opinions upon important questions of law, etc., when 
required by either branch of the legislature or by the 
governor and council, ...... 

Courts, clerks of, elected by the people of the several counties, 
Courts, probate, provisions for holding, ..... 

registers elected by the people of the several counties, . 

Courts and judicatories may be established by the general court, 

may administer oaths or affirmations, .... 

Crimes and ofi^ences, prosecutions for, regulated. 

Crimes to be proved in the vicinity of where they happen, . 



Page 
41 

42 

42 
37 



47 
36 



9,23 
36 



26 
44 
26 
44 
11 
11 
7 
7 



D. 

Debate, freedom of, in the legislature, 8 

Declaration of the rights of the inhabitants, ..... 4 
Declaration and oaths of officers ; tests abolished, . . .29, 35, 36 

Delegates to congress, 27 

Departments, legislative, executive and judicial, to be kept separate, 9 

District attorneys, elected by the people of the several districts, . 44 
Districts, councillor, eight, each to be composed of five contiguous 

senatorial districts, ........ 42 

Districts, senatorial, forty, to be of adjacent territory, and to con- 
tain as near as may be an equal number of voters, . . 46 
Districts, representative, to be established by commissioners in the 

several counties, ........ 39,45 

Divorce, alimony, etc., ......... 27 



E. 



Educational interests to be cherished, 29 

Elections ought to be free, ........ 6 

Elections, by the people, of civil officers provided for by the consti- 
tution, to be by plurality of votes, 41 



INDEX TO THE CONSTITUTION. 55 

Page 
Election of civil officers, meeting to be held annually on the first 

Tuesday next after the first Monday in November, . . 41 
in case of failure to elect representative, meeting to be held 

on fourth Monday in Xovember, 41, 42 

Election returns, 13, 42 

Enacting style of laws, established, ....... 33 

Equality and natural rights of all men, ...... 4 

Estates, valuation to be taken anew once at least every ten years, 12 
Executive department, notto exercise legislative or judicial powers, 9 

Ex Xiost facto laws, declared unjust and oppressive, ... 9 

F. 

Felony aud treason, no subject to be declared guilty of, by the legis- 
lature, . 9 

Fines, excessive, not to be imposed, ...... 9 

Frame of government, ......... 10 

Freedom of speech and debate in the legislature, .... 8 

Freehold, possession of, not required as qualification for seat in the 

general court or council, . . . . ... 41 

possession of, by governor, provision requiring, annulled, . 48 
Fundamental principles of the constitution, a frequent recurrence 

to, recommended, ........ 8 

G. 

General coiu"t, to assemble frequenth^ for redress of grievances, and 

for making laws, 8 

freedom of speech and debate in, ...... 8 

not to declare any subject to be guilty of treason or felony, . 9 

formed by two branches, a senate and house of representa- 
tives, each having a negative on the other, ... 10 
to assemble every year on the first Wednesday of January, at 
such other times as they shall judge necessary, and when- 
ever called by the governor with the advice of council, 10, 19, 37 
may constitute and erect judicatories aud courts, ... 11 
may make wholesome and reasonable laws and ordinances not 

repugnant to the constitution, 11 

may provide for the election or appointment of officers, and 

prescribe their duties, .11 

may impose taxes, etc., to be used for the public service, . 12 
to be dissolved on the day next preceding the first Wednes- 
day of January, 20,37 

travelling expenses of members ; provision annulled, . . 16,48 
may be adjourned or prorogued, upon its request, by the gov- 
ernor with advice of council, ...... 19 

session may be directed by governor, with advice of council, 
to be held in other than the usual place in case of an 
infectious distemper prevailing, ..... 19,20 



56 



IXDEX TO THE COXSTITUTIOX 



Page 
General court, judicial officers may be removed upon address of, . 26 
person convicted of bribery, not to liold seat in, . . . 32 
may increase property qualifications of persons to be elected 

to office, 32 

certain officers not to have seats in, 31 

may be prorogued by governor and council for ninety days, if 

houses disagree, etc., 20 

to elect major-generals by concurrent vote, .... 21 

empowered to charter cities, • . 34 

to determine election of governor, lieutenant-governor and 

councillors,. ......... 41,42 

to preseri])e by law for election of sheriffs, registers of pro- 
bate and commissioners of insolvency by the people of 
the counties, and district attorneys by the people of the 

districts, 44 

quorum, to consist of a majority of members, .... 48 

Government, objects of, . . 3,5,6 

Government by the people, as a free, sovereign and independent 

state, . 5 

Governor, the sujireme executive magistrate, styled, — The Gov- 
ernor of the Commonwealth of Massachusetts ; with the 
title of, — His Excellency ; elected annually, ... 18 

qualifications, . . , 18, 36, 48 

term of office, 37 

should have an honorable stated salary, 23 

the commander-in-chief, of the army and navy, but may not 

oblige them to go out of the limits of the state, . . 20, 21 

to appoint the adjutant-general, 22 

may call together the councillors at any time, .... 19 

not to hold certain other offices, ...... 31 

to take oaths of office before president of the senate in i^res- 

ence of the two houses of assembly, ..... 31 

to sign all commissions, ........ 32 

election determined by the legislature, 42, 43 

veto power, 10 

vacancy in office of, powers to be exercised by the lieutenant- 
governor, .......... 24 

vacancy in office of governor and lieutenant-governor, powers 

to be exercised by the council, 25 

with advice of council, may adjourn or prorogue the legislat- 
ure upon request, and convene the same, .... 19 
may adjourn or prorogue the legislature for not exceeding 
ninety days when houses disagree, or may direct session 
to be held in other than the usual place in case of an in- 
fectious distemper prevailing, . .... 19 
to appoint all judicial officers, notaries public and coroners ; 
nominations to be made at least seven days before aj)- 
pointment, 21, 35 



INDEX TO THE CONSTITUTION. 57 

Page 
Governor, to appoint officers of the continental army, ... 22 
may pardon offences, but not before conviction, ... 21 
may fill vacancy in council occurring when legislature is not 

in session, .......... 47 

with consent of council, may remove judicial officers, upon 

the address of both houses of the legislature, ... 26 
Governor and council, to examine election returns, . . • 1-i, 42 
may punish persons gi^ilty of disrespect, etc., by imprison- 
ment not exceeding thirty days, 17, 18 

quorum to consist of governor and at least five members of 

the council, .......... 19 

may require the attendance of the secretary of the common- 
wealth in person or by deiDuty, 26 



H. 

Habeas corpvis, privilege of writ to be enjoyed in the most ample 
manner, and not to be suspended by legislature except 

iipon most urgent occasions, 32 

Harvard College, powers and privileges, gifts, grants and convey- 
ances confirmed, . . . . . . . . 27, 28 

board of overseers established, but the government of the 

college may be altered by legislature, .... 28 

officers may be elected members of the general court, . . 47 
Hereditary offices and privileges, absurd and unnatural, . . 5, 6 
House of representatives, members may be instnxcted by the people, 8 

a representation of the jjcople annually elected and founded 

upon the principle of equality, ...... 16 

may impose fines npon towns not choosing members, . . 16 
expense of travel once every session each way, to be paid by 

the government ; provision annulled, . . . . 16, 48 

to enter objections made by governor to a bill or resolve at 

large upon records, ........ 10 

qualifications of members, ...... 17,41,45 

must be an inhabitant of district for one year preceding elec- 
tion, and shall cease to be a member when ceasing to be 
an inhabitant of the state, ....... 45 

members not to be arrested on mesne process during going 

to, return from, or attending the general assembly, . . 18 

the grand inquest of the commonwealth, 17 

to originate all money bills, but the senate may proj^ose or 

concur with amendments, ....... 17 

not to adjourn more than two days at a time, .... 17 

quorum of, 17,45,48 

to choose officers, establish its rules, etc., 17 

may punish by imprisonment, not exceeding thirty days, pei'- 

sons guilty of disrespect, etc. ; trial may be by committee, 17, 18 



58 INDEX TO THE CONSTITUTION. 

Page 
House of representatives, privileges of members, .... 18 

may require the attendance of secretary of the commonwealth 

in person or by deputy, ....... 26 

may require the opinions of the justices of the supreme judi- 
cial court upon important questions of law, and upon 
solemn occasions, ........ 26 

meeting for election to be held on the Tuesday next after the 

first Monday of November, 41 

in case of failure to elect, meeting to be held on the fourth 

Monday of November, 41,42 

to consist of two hundred and forty members, apj^ortioned to 
the several counties equally, according to relative num- 
ber of legal voters, 44 

commissioners to divide counties into representative districts 
of contiguous territory, but no town or ward of a city to 
be divided, 45 

no district entitled to elect more than three representatives, . 45 

board authorized to divide county into districts, to be certi- 
fied to by the secretary, the number of representatives to 
which the county is entitled, 45 

I. 

Impeachments, by the house of representatives, to be tried by the 
senate ; limitation of sentence ; party convicted liable to 

indictment, 15, 16 

Incompatible offices, ......... 31,36 

" Inhabitant," the word defined, 13 

Inhabitants, census to be taken in 1865, and every tenth year there- 
after, 38, 40, 44, 45 

Insolvency, commissioners of, elected by the people of the several 

counties ; annulled, 44, 49 

Instruction of representatives, 8 



Judges of courts may not hold certain other offices, . . . 31,36 
Judges of the supreme judicial court, to hold office during good 
behavior, and to have honorable salaries established by 
standing laws, ........ 9,23,26 

to give opinions upon important questions of law, etc., when 
required by the governor and council, or either branch of 

legislature, 26 

not to hold certain other ofiices, 31 

Judicatories and courts, may be established by the general court, . 11 

may administer oaths or affirmations, . . . . . 11 

Judicial department, not to exercise legislative or executive jiowers, 9 



INDEX TO THE CONSTITUTION. 59 

Page 
Judicial officers, appointed by the governor with consent of coun- 
cil ; nominations to be made seven days prior to appoint- 
ment, 21 

to hold office during good behavior, except when otherwise 

provided by the constitution, 26 

may be removed from office by the governor, upon the address 

of both houses of the legislature, ..... 26 

Jury, trial by, right secured, 7 

Justices of the peace, commissions to expire in seven years from 

date of appointment, but may be renewed, ... 26 

L. 

Law-mai^tial, only those employed in the army and navy, and the 
militia in actual seiTice, subject to, except by authority 

of the legislature, 9 

Laws, every person to have remedy in, for injury to person or 

property, 6 

power of suspension or execution of, only in the legislature, . 8 

ex post facto, prohibited as luijust and inconsistent with free 

government, 9 

of province, colony and state, not repugnant to the constitu- 
tion, continued in force, 32 

Legislative power, 9 

Legislative department, not to exercise executive or judicial powers, 9 

Legislature (see General Court). 

Liberty of the i3ress, essential to the security of freedom, . . 8 
Lieutenant-governor, to be annually elected in November, — title 
of. His Honor; who shall be qualified same as gov- 
ernor, . 23,37,41,48 

in the absence of governor, to be jiresident of the council, . 24 
to be acting governor when the chair of the governor is 

vacant, .......... 24 

to take oath of office before president of the senate in pres- 
ence of both houses, 31 

not to hold certain other offices, 31 

term of office, 37 

Literature and the sciences to be encouraged, .... 29 

M. 

Magistrates and officers, accountable to the people, ... 5 

Magistrates and courts, not to demand excessive bail, impose ex- 
cessive fines, or inflict cruel punishments, ... 9 

Major-generals, elected by senate and house of representatives by 

concurrent vote, 21 

may appoint their aids, 22 

Marriage, divorce and alimony, 27 



60 



INDEX TO THE COXSTITUTIOX. 



Martial law, only those employed in the army and navy, and the 
militia in actual service, subject to, except by authority 

of legislature, 

Military power, subordinate to civil authority, 

Militia, not to be obliged by commander-in-chief to march out of 

the limits of the state, 

captains and subalterns, elected by the train-bands, 

all members of companies may vote, including minors, . 

field officers, elected by captains and subalterns, 

brigadiers, elected by field officers, 

major-generals, elected by senate and house of representatives 
by concurrent vote, ....... 

mode of election of officers to be fixed by standing laws, 
if electors refuse to elect, governor with advice of council 
may appoint officers, ....... 

officers commissioned to command may be removed as may 

be prescribed by law, 

appointment of staff officers, 

organization ; divisions, brigades, regiments and companies. 
Money, issued from treasury by warrant of governor, etc., . 

mentioned in the constitution, to be computed in silver at six 

shillings and eight pence per ounce, .... 

Money bills, to originate in house of representatives, 

Moneys, raised or appropriated for public or common schools, not 

to be applied for support of sectarian schools, . 
Moral obligations of lawgivers and magistrates, . 
Moral qualifications for office, 



Page 
9 



21 
21,35 
35 
21 
21 

21 
21 

22 

22,35 
22 
22 
22 

32 
17 

43 



Notaries public, to be appointed by governor with advice of council, 25, 35 
may be removed by governor with advice of council, upon 

address of both houses, 35 

o. 



Oaths and affirmations, may be administered by courts and judica- 
tories, 



how and by whom taken and subscribed, . . 29, 30, 31, 35 

forms of, 29,30,35 

Quakers may affirm, ......... 30, 36 

to be taken by all civil and military officers, .... 35 

Objects of government, . . . , . . . . . 3, 6 

Ott'ences and crimes, prosecutions for, regulated, .... 7 

Office of trust, person convicted of bribery, etc., not to hold, . . 32 

Office, rotation in, right secured, 6 

all persons having the prescribed qualifications equally eli- 
gible to, 6 



11 



INDEX TO THE CONSTITUTION. 61 

Page 
Office, no person eligible to, i;nless they can read and write, . 44 
Officers, civil, legislature may provide for the naming and settling 

of, .11 

Officers, commission, tenure of office to be expressed in commis- 
sions, .... 26 

Officers, judicial, to hold office during good behavior, except, etc., 26 
may be removed by governor, with consent of council, upon 

the address of both houses of the legislature, ... 26 
Officers of former government, continued, ..... 33 
Officers of the militia, election and appointment of, ... 21 

removal of, 22, 85 

Officers and magistrates, accountable to the people, ... 5 

Offices, p)lurality of, prohibited to governor, lievitenant-governor 

and judges, 31,36 

incompatible, 31,32,36 

Organization of the militia, . 22 



P. 

Pardon of offences, governor with advice of council may grant, but 

not before conviction,. . 21 

People, to have the sole right to govern themselves as a free, sover- 
eign and independent state, 6 

have a right to keep and to bear arms for the public defence, 8 
have a right to assemble to consult upon the common good, to 

instruct their representatives, and to petition legislature, 8 

Person and jsroperty, remedy for injuries to, should be in the laws, 6 

Petition, right of, 8 

Plantations, unincorporated, tax-paying inhabitants may vote for 

councillors and senators, <» 14 

Plurality of offices, 31 

of votes, election of civil officers by, 41 

Political year, begins on the first Wednesday of January, . . 37 

Polls, ratable, census of, 38 

Preamble to constitution, 3 

Press, liberty of, essential to the security of freedom, ... 8 
Private property taken for public uses, compensation to be made 

for, 6 

Probate courts, provisions for holding, 26 

registers, elected by the people of the several counties, . . 21,44 

judges may not hold certain other offices, .... 36 

Property qualification, may be increased by the legislature, . . 32 

partially abolished, 41 

of governor, annulled, 48 

Prosecutions for crimes and oifences regulated, .... 7 
Provincial laws, not repugnant to the constitution, continued in 

force, 32 



62 IXDEX TO THE CONSTITUTION 



Pa are 



Public boards and certain otBcers to make quarterly reports to the 

governor, 22 

Public oflieers, right of people to secure rotation, .... 6 

all persons having the prescribed qualifications equally eli- 
gible, ........... 6 

Public notary (see Notary public). 

Public religious worship, right and duty of, 4 

Punishments, cruel and vmusual, not to be inflicted, ... 9 

Q- 

Quakers, may make affirmation, 30, 36 

Qualification of persons to be elected to office may be increased by 

the legislature, . . . . . . ' . . . 32 

Qualification, i^roperty, of governor, abolished, .... 48 

Qualification, jtroperty, partially abolished 41 

Qualifications, of a voter, 13,17,34,44,46,47,48 

of governor, 18,43,48 

of lieutenant-governor, 23,43,48 

of councillors, .......... 41,43 

of senators, 15,40,46 

of representatives, .16, 41, 45 

of secretary, treasurer, auditor, and attorney-general, . . 43 
Qualifications, moral, of officers and magistrates, .... 8 

Quartermasters, appointed by commanding officers of regiments, . 22 
Quorum, of council, ...'...... 19, 24, 42 

of senate, 16,46,48 

of house of x'epresentatives, ...... 17,45,48 

R. 

Ratable polls, census of, 38 

Reading and writing, knowledge of, necessary qualifications for 

voting or holding office, ....... 44 

Records of the commonwealth to be kept in the office of the secre- 
tary, 26 

Register of the council, resolutions and advice to be recorded in, 

and signed by members j^resent, ..... 25 

Registers of probate, chosen by the peoj^le of the several counties, 21,44 

Religious denominations, equal protection secured to all, . . 5, 38 
Religious sect or denomination, no subordination of one to another 

to be established ])y law, . . . . . . . 5, 38 

Religious societies, may elect their own pastors or religious teachers, 5, 38 

membership of, defined, 38 

Religious worship, public, right and duty of, and protection therein, 4 
support of the ministry, and erection and repair of houses of 

worship, 4, 6, 38 



INDEX TO THE CONSTITUTION. 63 

Page 
Remedies by recourse to the law, to be free, complete and promjjt, 6 

Representatives (see House of representatives). 
Resolves (see Bills and resolves). 

Returns of Azotes, 13,19,42,43 

Revision of constitution jjrovided for in the year 1795, ... 33 
Rights, declaration of, 4 



s. 

Sailors and soldiers, who have served, etc., during time of Avar, not 
disqualified from voting on account of nou-iiayment of 

poll tax, " . . 48 

Salary, a stated and honorable salary to be established for the 

governor, .......... 23 

pei'manent and honorable salaries to be established for the 
justices of the supreme judicial court, and to be enlarged 

if not sufficient, 9, 23 

School monej's, not to be appropriated for sectarian schools, . 44 

Seal, great, of the commonwealth to be affixed to all commissions, 32 
Search, seizure and arrest, right of, I'egulated, .... 7 

Secretary of the commonwealth, to be chosen by the people annually 

in November, 25, 43 

to hold office for one year from third Wednesday in January 

next thereafter, and until another is chosen and qualified, 43 

manner of election, etc., same as governor, .... 43 

in failure of election by voters, or in case of decease of person 
elected, vacancy to be filled by joint ballot of legislature, 
from the two persons having the highest number of votes 
at November election, 43 

vacancy occurring during session of the legislature, filled by 

joint Vjallot of the legislature from the people at large, . 43 

vacancy occurring when legislature is not in session, to be 
filled by governor, by appointment, with advice and con- 
sent of council, 35,43 

not eligible, unless an inhabitant of the state for five years 

next preceding election or appointment, .... 43 

office to be deemed vacant if person elected or appointed fails 

to be qualified Avithin ten days, . . . . . . 43 

records of commonwealth to be kej^t in office of, . . . 26 

may appoint deputies, for whose conduct he shall be account- 
able, 26 

to attend governor and council, senate and house, in person or 

by deputies, as they shall require, 26 

to attest all commissions, 32 

to certify to board authorized to divide county into districts, 
the number of representatives to Avhich the county is 
entitled, 45 



64 INDEX TO THE CONSTITUTION. 

Page 
Sectarian schools, not to be maintained at public expense, . . 44 
Selectmen, to i^reside at town meetings, elections, etc., ... 13 

Self-government, right of, asserted, 5 

Senate, the first branch of the legislature, 10,13 

to consist of forty members, apportionment, etc., . . 12, 39,46 

to be chosen annually, - . . . 13 

governor and at least five councillors, to examine and count 

votes, and issue summonses to inembers, .... 14 
to be final judges of elections, returns and qualifications of 

their own members, 14 

vacancy to be filled by election, by people of the district, upon 

order of majority of senators elected, . . . . 15, 46 

qualifications of a senator, 15,41 

not to adjourn more than two days at a time, .... 15 

to choose its ofiicers and establish rules, 15 

shall try all impeachments, 15, 17 

quorum of, 16,46,48 

may punish for certain off'ences ; trial may be by committee, . 18 
may require the attendance of the secretary of the common- 
wealth in person or by deputy, 26 

maj' require the opinions of the justices of the supreme 
judicial court upon important questions of law, and upon 

solemn occasions, 26 

to enter objections, inade by governor to passage of a bill or 

' resolve, at large on records, 10 

districts, forty in number, to be of adjacent territory, and to 

contain, as near as may be, an equal number of voters, . 46 

apportionment based upon legal voters, 46 

Sheriff's, elected by the people of the several counties, . . .21,44 
Silver, value of money mentioned in the constitution to be computed 

in silver at six shillings and eight pence per ounce, . 32 
Soldier, not to be quartered in any house, in time of peace, without 

consent of owner, ........ 9 

Soldiers and sailors, who have served in time of war, etc., not dis- 
qualified from voting on account of non-payment of poll 

tax, 48 

Solicitor-general, 21 

Standing armies, dangerous to liberty and not to be maintained 

without consent of the legislature, 8 

State or body politic, entitled, — The Commonwealth of Massachu- 
setts, 10 

Supreme judicial court, judges to have honorable salaries fixed by 

standing laws, and to hold office during good behavior, . 9, 23 
to give opinions upon important questions of law, etc., when 
required by either branch of the legislature or by the gov- 
ernor and council, 26 

not to hold certain other offices .31,36 

Sureties of bail, excessive, not to be required, .... 9 



INDEX TO THE CONSTITUTION. 65 

T. 

Page 

Taxation should be founded on consent, 6,8 

Taxes, not to be levied without the consent of the people or their 

representatives, 8 

may be imjiosed by the legislature, 12 

valuation of estates, to be taken anew once at least every ten 

years, 12 

Tenure that all commission officers shall by law have in their 

offices, shall be expressed in their commissions, . . 26 

Tests abolished, 36 

Title of body politic, — The Commonwealth of Massachusetts, . 10 

Title of governor to be,— His Excellency, 18 

Title of lieutenant-governor to be, — His Honor, .... 23 
Town clerk, to make record and return of elections, ... 13 

Town meetings, selectmen to preside at, 13 

Town representation in the legislature, 16,39,40 

Towns, voting precincts in, . 47 

Travelling expenses of members, to general assembly and re- 
turning home, once in every session, to be paid by the 

government, 16 

Treason and felony, no subject to be declared guilty of, by the 

legislature, ......:.. 9 

Treasurer and receiver-general, to be chosen by the people an- 
nually in November, , 25, 26, 43 

to hold office for one year from third Wednesday in January 

next thereafter, and until another is chosen and qualified, 43 
manner of election, etc., same as governor, .... 43 

not eligible, unless an inhabitant of the state for five years 

next preceding election or ajipointment, .... 43 

no man eligible more than five years successively, . . .25, 26 
in faihire of election by voters, or in case of decease of jjerson 
elected, vacancy to be filled by joint ballot of legislature 
from the two persons having the highest number of votes 
at November election, ....... 43 

vacancy occurring during session of the legislature, filled by 

joint ballot of the legislature from the people at large, . 43 
vacancy occurring when legislature is not in session, to be 
filled by governor, by aj^pointment, with advice and con- 
sent of the council, 35,43 

office to be deemed vacant if person elected or appointed fails 

to be qualified within ten days, ..... 43 

Treasury, no moneys to be issued from, but upon the warrant of 

governor, except, etc., 22 

Trial by jury, right to, secured, . 7 

guaranteed in criminal cases, except in army and navy, . 7 



66 INDEX TO THE CONSTITUTION. 

u. 

Page 
University at Cambridge, 27, 28, 47 

Y. 

Vacancy in office of governor, powers to be exercised by lieutenant- 
governor, 24 

Vacancy in otHces of governor and lieutenant-governor, powers 

to be exercised by the council, 25 

Vacancy in the council, to be filled by the election of a resident of 
the district by concurrent vote of the senate and house ; 
if legislature is not in session, to be filled by governor 
with advice of the council, 42, 47 

Vacancy in the senate, to be filled by election by the people upon 

the order of a majority of senators elected, . . . 15,46 

Vacancy in office of secretary, treasurer, auditor and attorney- 
general, caused by decease of person elected, or failure 
to elect, tilled by joint ballot of legislature from the two 
persons having highest number of votes at Xovember 

election, 43 

occurring during session of legislature, filled by joint Ijallot 

of legislature from people at large, ...... 43 

occurring when legislature is not in session, to be filled by 

governor, by appointment, with advice of council, . . 35, 43 

Vacancy in militia office, filled by governor and council, if electors 

neglect or refuse to make election, 21,22 

Valuation of estates, to be taken anew once in every ten years at 

least, 12 

Veto power of the governor, ........ 10 

Voters, qualifications of, at elections for governor, lieutenant-gov- 
ernor, senators and rei:)resentatives, . 13, 17, 34, 44, 46, 47, 48 
not disqualified on account of non-payment of poll tax if they 

have served in the army or navy in time of war, etc., . 48 
male citizens, twenty-one years of age, who have resided in 
the state one year, and within the town or district six 
months, who have paid a state or county tax within two 
years next preceding the election of state officers, and 
such as are exempted Ity law from taxation, but in other 
respects qualified, and who can write their names and 
read the constitution in the Englisli language, . 17, 34, 44 

the basis upon which the apportionment of reitresentatives 

to the several counties is made, 44 

basis of apportionment of senators, 46 

census of, to be taken in 1865, and every tenth year after, . 44, 46 

Votes, returns of, 13, 19, 42, 43 

plurality of, to elect civil officers, 41 

Voting 2:)i'ecincts in towns, . 47 



INDEX TO THE CONSTITUTION. 67 



Page 
Worship, iHiblie, the right and duty of all men, .... 4 
Writ of habeas coi'pus, to be enjoyed in the most free, easy, cheap 
and exjieditious manner, and not to be suspended by 
legislature, except for a limited time, .... 32 
Writing and reading, necessary qualifications for voting, or hold- 
ing office, 44 

Writs, to be issued in the name of the commonwealth under the 
seal of the court, bear test of the first justice, and be 
signed by the clerk, 32 



Y. 

Year, political, begins on the first Wednesday of January, . 37 



ACTS AND KESOLVES 



MASSACHUSETTS. 



1906. 



t^ The General Court of the year nineteen hundred and six assenil)led on 
Wednesday, tlie third day of January. The oaths of office were taken and 
subscribed by His Excellency Curtis Guild, Jr., and His Honor Eben S. 
Draper, on Thursday, the fourth day of January, in the presence of the two 
Houses assembled in convention. 



ACTS. 



Chap. 



An Act making appropriations for the compensation 
OF the members of the general court, for the com- 
pensation OF THE officers THEREOF, AND FOR EXPENSES 
IN CONNECTION THEREWITH. 

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

Section 1. The sums hereinafter mentioned are appro- Appropria. 
priated, to be paid out of the treasury of the Commonwealth 
from the ordinary revenue, for the purposes specified, for 
the eleven months ending on the thirtieth day of JSTovem- 
ber, nineteen hundred and six, to wat:- — 

For the compensation of senators, thirty thousand seven senators, com- 
hundred and fifty dollars. '^'®°^"' 

For compensation for travel of senators, a sum not ex- Travel, 
ceeding thirty-two hundred dollars. 

For the compensation of representatives, one hundred ^y^g^compen- 
eighty thousand seven hundred and fifty dollars. sation. 

For compensation for travel of representatives, a sum Travel, 
not exceeding tw'enty thousand dollars. 

For the salaries of the clerks of the senate and house of Senate and 

house, clerks. 

representatives, fifty-five hundred dollars. 

For the salaries of the assistant clerks of the senate and ^Irlfg*^"^' 
house of representatives, thirty-six hundred sixty-six dol- 
lars and sixty-six cents. 

For such additional clerical assistance to the clerk of ant^'to^ierk*' 
the senate as may be necessary for the proper despatch of senate. 
of public business, a sum not exceeding fifteen hundred 
dollars. 

For such additional clerical assistance to the clerk of anceto^cierk*' 
the house of representatives as may be necessary for the of house, 
proper despatch of public business, a sum not exceeding- 
two thousand dollars. 

For the comi^tensation of the chaplains of the senate Chaplains, 
and house of representatives, six hundred dollars. 



Acts, 1906. — Chap. 1. 



Sergeant-at- 
arnis. 

First clerk. 



Cashier. 



Exiienses. 



Doorkeepers, 
etc. 



Assistant door- 
keepers, mes- 
sengers, etc. 



Printing and 
bindinj;-, senate 
and house. 



Manual. 



Senate station- 
ery. 



House station- 
ery. 



Sergeaiit-at- 
arnis, station- 
ery. 



Contingent 
expenses. 



Expenses of 
committees. 



Advertising 
hearings. 



For the salary of tlie scrgcant-at-arms, tliirty-two hun- 
dred eight doUars and thirty-three cents. 

For the salary of the first clerk in the office of the 
sergeant-at-arms, two thousand sixteen dollars and sixty- 
six cents. 

For the salary of the cashier of the sergeant-at-arms, a 
sum not exceeding nine hundred sixteen dollars and sixty- 
six cents. 

For incidental and contingent expenses of the sergeant- 
at-arms, and expense of mailing legislative bidletins, a 
sum not exceeding four hundred twelve dollars and fifty 
cents. 

For the salaries of the doorkeepers of the senate and 
house of representatives, and the }X)stmaster, thirty-eight 
hundred and fifty dollars. 

For the compensation of assistant doorkeepers, messen- 
gers and pages to the senate and house of representatives, 
a sum not exceeding thirty thousand three hundred dol- 
lars. 

For printing and binding ordered by the senate and 
house of representatives, or by concurrent order of the two 
branches, a sum not exceeding thirty-five thousand dollars. 

For printing and binding the manual for the general 
court, luider the direction of the clerks of the senate and 
house of representatives, a sum not exceeding forty -five 
hundred dollars. 

For stationery for the senate, purchased by the clerk, 
a sum not exceeding eight hundred dollars. 

For stationery for the house of representatives, pur- 
chased by the clerk, a sum not exceeding twelve hundred 
dollars. 

For books, stationery, postage, printing and advertising, 
ordered by the sergeant-at-arms, a sum not exceeding nine 
hundred sixteen dollars and sixty-six cents. 

For contingent expenses of the senate and liouse of 
representatives, and necessary expenses in and about the 
state liouse, a sum not exceeding fifty-five hundred dol- 
lars. 

For authorized expenses of committees of the present 
general court, to include clerical assistance to committees 
authorized to employ the same, a sum not exceeding ten 
thousand dollars. 

For ex|Tenses of advertising hearings of the committees 
of the present general court, to include expenses of prepar- 



Acts, 1906. — Chaps. 2, 3. 6 

ing and mailing the advertisements to the various news- 
papers, a snm not exceeding fifteen thousand dollars. 

For expenses of summoning witnesses, and for fees of wunesBfees, 
such witnesses, a sum not exceeding two hundred dollars. 

For ex]X?nses in connection with the publication of the Publication of 
bulletin of committee hearings, a sum not exceeding forty- 
five hundred dollars. 

Section 2. This act shall take effect u}X)n its passage. 

Approved January 10, 1906. 



Chaj). 



An Act making an ArpRorRiATiON for compensation and 

EXPENSES OP the JOINT SPECIAL COMMITTEE ON RAILROAD 
and street RAILWAY LAWS. 

Be it enacted, etc., as follows: 

Section 1. The sums hereinafter mentioned are appro- committee on 
priated,to be paid out of the treasury of the Commonwealth street raiuvay 
from the ordinary revenue, for compensation and expenses ^'^^'^' 
of the joint special committee on railroad and street rail- 
way laws, a]ipointed by the general court of the year nine- 
teen hundred and five, to sit during the recess, to wit : — 

For compensation of members, the sum of thirteen thou- compensation 

T r. 1 1 1 1 n of members. 

sand five hundred dollars. 

For mileage of members of said committee and for in- Mileage, etc. 
cidental and contingent expenses, a sum not exceeding 
twenty-eight hundred dollars. 

Section 2. This act shall take effect upon its passage. 

Approved January 10, 1906. 

An Act making appropriations for salaries and expenses QJidj) 3 
IN the executive department of the commonwealth. ^ ' 

Be it enacted, etc., as follows: 

Section 1. The sums hereinafter mentioned are appro- Appropria- 
printed, to be paid out of the treasury of the Commonwealth 
from the ordinary revenue, for the pur|X>ses sjx3cified, for 
the eleven months ending on the thirtieth day of Novem- 
ber, nineteen hundred and six, to wit : — 

For the salary of the governor, seventy-three hundred Governor, 
thirty-three dollars and thirty-three cents. 

For the comT>ensation of the lieutenant governor, eie'ht- Lieutenant 
een hundred thirty-three dollars and thirty-three cents ; and council, 
for that of the executive council, fifty -eight hundred sixty- 
six dollars and sixty-six cents. 



tlons. 



6 



Acts, 190(5. — Chap. 3. 



Travelling 
expenses. 

Private 
secretary to 
governor. 

Executive 
secretary. 

Stenographer. 



Clerical 

assistance. 



Executive 
meBsenger. 



Assistant. 



Executive 

department, 

expenses. 



Postage, 
printing, etc. 



Governor 
and council, 
expenses. 



Postage, 
printing, etc. 



Extraordi- 
nary expenses. 



Tables and 
indexes to 
statutes. 



Arrest of 
fugitives. 



For travelling- expenses of the executive council, a sum 
not exceeding thirteen hundred and seventy-five dollars. 

For the salary of the private secretary of the governor, 
twenty-two hundred ninety-one dollars and sixty-six cents. 

For the salary of the executive secretary, twenty-two 
hundred ninety-one dollars and sixty-six cents. 

For the salary of the executive stenographer, a sum not 
exceeding thirteen hundred and seventy-five dollars. 

For clerical assistance for the executive department, a 
sum not exceeding nine hundred sixteen dollars and sixty- 
six cents. 

For the salary of the executive messenger, nine hundred 
S'ixteen dollars and sixty-six cents. 

For the salary of the assistant executive messenger, 
seven hundred thirty-three dollars and thirty-three cents. 

For contingent expenses of the executive department, 
a sum not exceeding twenty-seven hundred and fifty dol- 
lars. 

For postage, printing and stationery for the executive 
department, a sum not exceeding seven hundred thirty- 
three dollars and thirty-three cents. 

For travelling and contingent expenses of the governor 
and council, a sum not exceeding twenty-two hundred 
ninety-one dollars and sixty-six cents. 

For jx)stage, printing and stationery for the executive 
council, a sum not exceeding four hundred fifty-eight dol- 
lars and thirty-three cents. 

For the payment of extraordinary expenses, to be ex- 
|x;nded under the direction of the governor and council, 
a sum not exceeding thirteen thousand seven hundred and 
fifty dollars. 

For the preparation of tables and indexes relating to the 
statutes of the present year and of previous years, a sum 
not exceeding five hundred dollars. 

For ex}:)enses incurred in the arrest of fugitives from 
justice, a sum not exceeding nine hundred sixteen dollars 
and sixty-six cents. 

Section 2. This act shall take effect upon its passage. 

Approved January 24, 1006. 



Acts, 1906. — Chap. 4 



An Act making appropriations for salaries and expenses (JJkxj)^ 4 
in the depxirtment of the secretary op the common- 
WEALTH. 

Be it enacted, etc., as follows: 

Section 1. The sums liereinafter mentioned are appro- Appropria- 
priated, to be paid ont of the treasury of the Commonwealth ^^^^^' 
from the ordinary revenue, for the purposes sjjecified, for 
the eleven months ending on the thirtieth day of Novem- 
ber, nineteen hundred and six, to wit : — 

For the salary of the secretary of the Commonwealth, Secretary, 
thirty-two hundred eight dollars and thirty-three cents. 

For the salary of the first clerk in the secretary's First clerk. 
department, twenty-two hundred ninety-one dollars and 
sixty-six cents. 

For the salary of the second clerk in the secretary's Second clerk, 
department, two thousand sixteen dollars and sixty-six 
cents. 

For the salary of the chief of the archives division in chief of 
the secretary's department, eighteen hundred thirty-three dwiskm. 
dollars and thirty-three cents. 

For the salary of the cashier in the secretary's depart- Cashier, 
ment, a sum not exceeding eleven hundred dollars. 

For messengers and such additional clerical assistance clerical 

. 1 , f ^ j_ 1 • assistance and 

as the secretary may find necessary, a sum not exceeding messengers, 
twenty-four thousand nine hmidred thirty-three dollars 
and thirty- three cents. 

For incidental and contingent expenses in the secre- Expenses, 
tary's department, a sum not exceeding thirty-four hun- 
dred thirty-seven dollars and fifty cents. 

For the arrangement and preservation of state records Arrangement 

1 ^ , T J.T • i. • 1 1 1 • i of records, etc. 

and papers, a sum not exceeding thirty-six liundred sixty- 
six dollars and sixty-six cents. 

For postage and expressage on documents sent to mem- Postage, etc. 
bers of the general court, and for transportation of docu- 
ments to free public libraries, a sum not exceeding 
twenty-five hundred dollars. 

For furnishing cities and towns with liallot boxes, and i^-'"ot boxes, 
for repairs to the same, a sum not exceeding two thousand 
dollars. 

For the purchase of histories of regiments, batteries and ^^f^"]^"***^ 
other military organizations of the Massachusetts volun- 
teers who served in the civil war, a sum not exceeding 
two thousand dollars. 



Acts, 1906. — Chaps. 5, 6. 



Preservation 
of certain town 
records. 



For the preservation of town records of births, mar- 
riages and deaths previons to the year eighteen hnndred 
and fifty, a sum not exceeding fifteen thousand dollars. 

Section 2. This act shall take effect upon its passage. 

Approved January 2Ji., 1906. 



Chaj) 



5 An Act making appropriations for salaries and expenses 

IN THE department OF THE AUDITOR OP THE COMMON- 
WEALTH. 

Be it enacted, etc., as follows: 

Section 1. The sums hereinafter mentioned are appro- 
priated, to be paid out of the treasury of the Commonwealth 
from the ordinary revenue, for the purposes specified, for 
the eleven months ending on the thirtieth day of Novem- 
ber, nineteen hundred and six, to wit: — 

For the salary of the auditor, thirty-two hundred eight 
dollars and thirty-three cents. 

For the salary of the first clerk in the auditor's depart- 
ment, twenty-two hundred ninety-one dollars and sixty-six 
cents. 

For the salary of the second clerk in the auditor's de- 
partment, two thousand sixteen dollars and sixty-six cents. 

For the salaries of the extra clerks in the auditor's de- 
partment, fifty-five hundred dollars. 

For stenographers and such additional clerical assist- 
ance as the auditor may find necessary for the proper 
despatch of public business, a sum not exceeding forty- 
one hundred and twenty-five dollars. 

For the salary of the messenger in the auditor's depart- 
ment, eight hundred and twenty-five dollars. 

For the compensation of a state printing expert, a sum 
not exceeding thirteen hundred and seventy-five dollars. 

For incidental and contingent expenses in the auditor's 
department, a sum not exceeding thirteen hundred and 
seventy-five dollars. 

Section 2. This act shall take effect upon its passage. 

Approved January 2Jt, 1906. 

Chap. 6 An Act making appropriations for the salaries and 
expenses of the commissioners of savings banks. 

Be it enacted, etc., as follows: 

uons™^'*^''^ Section 1. The sums hereinafter mentioned are appro- 

priated, to be paid out of the treasury of the Commonwealth 



Appropria- 
tions. 



Auditor. 



First clerk. 



Second clerk. 



Extra clerks. 



stenographers, 
etc. 



MessenKer. 



Printing 
expert. 

Expenses. 



Acts, 190G. — CiiArs. 7, 8. 9 

from tlio ordinary roveiiue, for the piir]>oses specified, for 
the eleven months ending on the thirtieth day of Novem- 
ber, nineteen hundred and six, to wit : — 

For the salary of the chairman and of the two associate Commi8- 
commissioners of savings haidcs, eighty-seven hundred eight savings banks, 
dollars and thirty-three cents. 

For the salary of the first clerk of the commissioners, First clerk. 
eighteen hundred thirty-three dollars and thirty-three cents. 

For the salary of the second clerk of the commissioners, second cierk. 
thirteen hundred and seventy-five dollars. 

For the salary of the third clerk of the commissioners, Third cicrk. 
eleven hundred dollars. 

For such additional clerks and expert assistants as the Additional 
commissioners may deem necessary, a sum not exceeding 
twenty-two hundred ninety-one dollars and sixty-six cents. 

For travelling and incidental exjienses of the commis- Expenses, 
sioners, a sum not exceeding twenty-seven hundred and 
fifty dollars. 

For printing and binding the annual report of the com- Annual report, 
missioners, a sum not exceeding fifty- five hundred dollars. 

Section 2. This act shall take efiJect upon its passage. 

Approved January 2Jt, 1906. 

An Act making appropriations for the compensation (JJif^jy j 

AND EXPEX'SES OP THE BALLOT LAW COMMISSION. ^ ' 

Be it enacted, etc., as follows: 

Section 1. The sums hereinafter mentioned are appro- Appropria- 
priated, to be paid out of the treasury of the Commonwealth 
from the ordinary revenue, f(jr the purjx^ses specified, for 
the eleven months ending on the thirtieth day of Novem- 
ber, nineteen hundred and six, to wit: — 

For the compensation of the ballot law conm^iission, a uuiiotiaw 
simi not exceeding fifteen hundred dollars. commission. 

For the expenses of the ballot law commission, a sum Expenses, 
not exceeding one hundred and fifty dollars. 

Section 2. This act shall take effect upon its passage. 

Approved January 2J^, 1006. 

An Act making appropriations for the Massachusetts fijff^^ Q 

AGRICULTURAL COLLEGE. ^ ' 

Be it enacted, etc., as follows: 

Section 1. The sums hereinafter mentioned are appro- Appropria- 
priated,to be paid out of the treasury of the Commonwealth Miissacbusetts 



10 



Acts, 1906. — Chap. 



9. 



Agricultural 
College. 



Scholarships. 



Theoretical 
and practical 
education. 



Labor fund, 
etc. 



Veterinary 
laljoratory. 



Heating and 
lighting plant. 



Dining hall. 



Agricultural 

experiment 

station. 



Collecting, 
etc., samples 
of commercial 
feed stuffs. 



Expenses of 
trustees. 



Report of 
trustees. 



from the ordinary revenue, for the purposes specified, for 
the eleven months ending on the thirtieth day of Xovem- 
ber, nineteen hundred and six, to wit : — 

For providing one hundred and twenty free scholar- 
ships, the sum of thirteen thousand seven hundred and 
fifty dollars. 

For providing the theoretical and practical education 
required by the charter of the college and by the laws of 
the United States relating thereto, the sum of eleven thou- 
sand nine hundred sixteen dollars and sixty-six cents. 

For the further maintenance of the college, the sum of 
ninety-one hundred sixty-six dollars and sixty-six cents, 
of which five thousand dollars a year shall be used as a 
labor fund for the assistance of needy students. 

For a maintenance fund for the veterinary laboratory 
at the college, the sum of nine hundred sixteen dollars and 
sixty-six cents. 

For maintenance of the heating and lighting plant of 
the college, the sum of four hundred fifty-eight dollars 
and thirty-three cents. 

For maintenance of the dining hall at the college, the 
sum of four hundred fifty-eight dollars and thirty-three 
cents. 

For maintaining an agricultural experiment station at 
the college, the sum of ninety-six hundred and twenty-five 
dollars. 

For collecting and analyzing samples of concentrated 
commercial feed stuffs, a sum not exceeding twenty-seven 
hundred and fifty dollars. 

For travelling and other necessary expenses of the trus- 
tees of the college, a sum not exceeding four hundred fifty- 
eight dollars and thirty-three cents. 

For printing and binding the report of the trustees of 
the college, a smn not exceeding eight hundred and fifty 
dollars. 

Section 2. This act shall take effect upon its passage. 

Approved January 2Jf, 1906. 



Chap. 9 An Act making an appropriation kou the imassaciilt- 

SETTS STATE FIREMEN's ASSOCIATION. 

Be it enacted, etc., as follows: 
Massachusetts Skction 1. The sum of twclvc thousand dollars is 

state Fire- • i i • i <» i 

men's Associa- hereby ajipropriated, to be paid out oi tiie treasury oi the 



Acts, 1906. — Chaps. 10, 11. 11 

Commoiiwealtli from the ordinary revenue, for the Massa- 
chusetts State Firemen's Association, as provided by chap- 
ter one hundred and eight of the acts of the year nineteen 
hundred and two. 

Section 2. This act shall take effect upon its passage. 

Approved January 2Jf, 1906. 

An Act making an appropriation for the publication (JJidj^ \() 

OF A RECORD OF MASSACHUSETTS SOLDIERS AND SAILORS ^ ' 

WHO SERVED IN^ THE WAR OF THE REBELLION. 

Be it enacted, etc., as follows: 

Section 1. The sum of ninety-one hundred sixty-six Publication of 
dollars and sixty-six cents is hereby appropriated, to be soWiersand 
paid out of the treasury of the Commonwealth from the ^'■^'^*''"^- 
ordinary revenue, for expenses in connection with the pub- 
lication of a record of Massachusetts troops and officers, 
sailors and marines, in the war of the rebellion, as author- 
ized by chapter four hundred and seventy-five of the acts 
of the year eighteen hundred and ninety-nine. 

Section 2. This act shall take effect upon its passage. 

Approved January 2Jf, 1906. 

An Act makixg appropriations for the suppression of rij.f.^ ii 

THE gypsy and BROWN TAIL MOTHS. ^ ' 

Be it enacted, etc., as folloivs: 

Section 1. The sums hereinafter mentioned are appro- Aiipropria- 
priated,to be paid out of the treasury of the Commonwealth *''"'^®' 
from the ordinary revenue, for the pur|X)ses specified, for 
the eleven months ending on the thirtieth day of jSTovem- 
ber, nineteen hundred and six, to wit : — 

For supijrcssing the gypsv and brown tail moths, and suppressing 

J. • •? , 1 xi ^L . T the gypsy and 

lor expenses incidental thereto, a sum not exceeding one brown tail 
hundred and thirty-seven thousand five hundred dollars, 
the same to be in addition to any amount heretofore aj> 
propriated for the same purjwse. 

For ex}3erimenting with parasites or natural enemies Experiment- 
for destroying said moths, and for expenses incidental parasites, 
thereto, a sum not exceeding ninety-one hundred sixty-six 
dollars and sixty-six cents. 

Section 2. This act shall take effect upon its passage. 

Approved January 2Jli-, 1906. 



12 



Acts, 1906. — Chap. 12. 



Chap. 12 An Act making ArpROPRiATioNs for SxVlaries and expenses 

IN THE DEPARTMENT OF THE TREASURER AND RECEIVER 
GENERAL. 

Be it enacted, etc., as follows: 

Section 1. The sums hereinafter mentioned are appro- 
priated, to be paid out of the treasury of the Commonwealth 
from the ordinary revenue, for the purposes specified, for 
the eleven months ending on the thirtieth day of Novem- 
ber, nineteen hundred and six, to wit: — 

For the salary of the treasurer and receiver general of 
the Commonwealth, forty-five hundred eighty-three dol- 
lars and thirty-three cents. 

For the salary of the first clerk in the treasurer's de- 
partment, twenty- three hundred eighty- three dollars and 
thirty-three cents. 

For the salary of the second clerk in the treasurer's de- 
partment, nineteen hundred and twenty-five dollars. 

For the salary of the third clerk in the treasurer's de- 
partment, sixteen hundred and fifty dollars. 

For the salary of the receiving teller in the treasurer's 
department, sixteen hundred and fifty dollars. 

For the salary of the paying teller in the treasurer's 
department, sixteen hundred and fifty dollars. 

For the salary of the assistant paying teller in the 
treasurer's department, nine hundred sixteen dollars and 
sixty-six cents. 

For the salary of the cashier in the treasurer's depart- 
ment, two thousand sixteen dollars and sixty-six cents. 

For the salary of the assistant bookkeeper in the treas- 
urer's department, thirteen hundred and seventy-five dol- 
lars. 

For the salary of the fund clerk in the treasurer's de- 
partment, thirteen hundred and seventy-five dollars. 

For the salary of the warrant clerk in the treasurer's 
department, eleven hundred dollars. 

For the salary of the files clerk in the treasurer's de- 
partment, eight hundred and twenty-five dollars. 

For the salary of the legacy tax clerk in the treas- 
urer's department, seventeen hundred forty-one dollars 
and sixt3'-six cents. 

For the salary of the stenograplier in the treasurer's 
department, eight hundred and twenty-five dollars. 



Appropria- 
tious. 



Treasurer. 



First clerk. 



Second clerk. 



Third clerk. 



Receiving 
teller. 

Paying teller. 



AsslBtant 
paying teller. 



Cashier. 



Assistant 
bookkeeper. 



Fund clerk. 



Warrant clerk. 



Files clerk. 



Legacy tax 
clerk. 



Stenographer. 



Acts, 1906. — Chap. 13. 13 

For the salary of the messenger in the treasurer's de- Messenger, 
partnient, eight hundred and twenty-five dollars. 

For such additional clerical assistance in the treasurer's c^er^^^J^^^ 
department as may be necessary for the despatch of puh- ' 
lie business, a sum not exceeding thirty-two hundred eight 
dollars and thirty-three cents. 

For incidental and contingent expenses in the treas- Expenses, 
urer's department, a sum not exceeding thirty-six hun- 
dred sixty-six dollars and sixty-six cents. 

For such expenses as the treasurer and receiver general co^uaterai 
may find necessary in carrying out the provisions of the legacies, etc. 
act imposing a tax on collateral legacies and successions, 
a sum not exceeding nine hundred sixteen dollars and 
sixty-six cents. 

For the salary of the deputy sealer of weights, meas- Deputy sealer 

tj ^ Qf wGi"*nts etc 

ures and balances, thirteen hundred and seventy-five dol- 
lars. 

For travelling and other expenses of the deputy sealer Expenses, 
of weights, measures and balances, a sum not exceeding 
seven hundred dollars ; and for furnishing sets of stand- 
ard weights, measures and balances to towns not hereto- 
fore provided therewith, and to each newly incorporated 
town; also to provide cities and towns with such parts 
of said sets as may be necessary to make their sets com- 
plete, a sum not exceeding four hundred dollars. 

Section 2. This act shall take effect u}X)n its passage. 

Approved January 21^, 1006. 

An Act making appropriations for the salaries and ex- (J]iQp^ 13 

PENSKS OF THE GAS AND ELECTRIC LIGHT COMMISSIONERS. 

Be it enacted, etc., as follows: 

Section 1. The sums hereinafter mentioned are appro- Appropria- 
priated,to be paid out of the treasury of the Commonwealth 
from the ordinary revenue, for tlie gas and electric light 
commissioners, for the eleven months ending on the thir- 
tieth day of November, nineteen hundred and six, to 
wit : — 

For the salaries of the commissioners, ten thousand ^igctrufiight 
eiffhtv-three dollars and thirtv-threo cents. commis- 

^ • . . - . . eloners. 

±or clerical assistance to the commissioners, a sum clerical 
not exceeding thirty-seven hundred fifty-eight dollars and assistance. 
thirty-three cents. 

For statistics, books, stationery, and for the necessary Expenses. 



14 



Acts, 1906. — Chai\ 14. 



Inspection of 
electric meters. 



Gas inspector. 
First assistant. 



Second 
assistant. 

Deputies, etc. 



Annual report. 



expenses of the commissioners, a sum not exceeding 
twenty-two hundred ninety-one dollars and sixty-six cents. 

For tlie inspection of electric meters, a sum not exceed- 
ing eight hundred dollars. 

For the salary of the gas inspector, twenty-two hundred 
ninety-one dollars and sixty-six cents. 

For the salary of the first assistant inspector, thirteen 
hundred and seventy-five dollars. 

For the salary of the second assistant insjiector, eleven 
hundred dollars. 

For the compensation of deputies, travelling expenses, 
apparatus, ofiice rent and other incidental expenses, a sum 
not exceeding six thousand dollars. 

For the printing and binding of the annual report of 
the commissioners, a sum not exceeding sixteen hundred 
dollars. 

Section 2. This act shall take effect upon its passage. 

Approved January 2^, 1906. 



Chap. 14 



Appropria- 
tions. 



Harbor and 
land com- 
missioners. 

Engineers, 
clerical assist- 
ance, etc. 



Travelling 
expenses. 



OtBce 
expenses, etc. 



Town bound- 
ary atlases. 

Preservation 
of harbors, etc. 



An Act making appkopriations for the salaries and 
expenses of the harbor and land commissioners. 

Be it enacted, etc., as follows: 

Section 1. The sums hereinafter mentioned are appro- 
priated, to be paid out of the treasury of the Commonwealth 
from the ordinary revenue, for the purposes specified, for 
the eleven months ending on the thirtieth day of Novem- 
ber, nineteen hundred and six, to wit : — 

For the salaries of the harbor and land commissioners, 
seventy-nine hundred and seventy-five dollars. 

For the coin|>ensation and expenses of engineers, and 
for clerical and other assistance to the commissioners, a 
sum not exceeding twenty-seven thousand dollars. 

For travelling and otlier necessary expenses of the com- 
missioners, a sum not exceeding six hundred and eighty- 
seven dollars. 

For incidental and contingent office expenses of the 
commissioners, to include the printing and binding of 
their annual report, a sum not exceeding two thousand 
dollars. 

For printing town boundary atlases, a sum not exceed- 
ing three thousand dollars. 

For surveys of harbors and for improving and preserv- 
ing the same, and for repairing damages occasioned by 



Acts, 1906. — Chap. 15. 15 

storms along the coast line or river banks of the Common- 
wealth, a Slim not exceeding forty-five hundred eighty- 
three dollars and thirty-three cents. 

For the removal of wrecks and other obstructions from Removal of 
tide waters, a sum not exceeding nine hundred sixteen 
dollars and sixty-six cents. 

Section 2. This act shall take effect iq)on its passage. 

Approved January 2J^, 1906. 

An Act making appropriations for salaries and expenses (J^idjy 25 
IN THE department of the tax commissioner and com- ^ ' 

MISSIONER OF CORPORATIONS. 

Be it enacted, etc., as follows: 

Section 1. The sums hereinafter mentioned are appro- Appropria- 
priated, to be paid out of the treasury of the Commonwealth 
from the ordinary revenue, for the purposes specified, for 
the eleven months ending on the thirtieth day of ISTovem- 
ber, nineteen hundred and six, to wit : — 

For the salary of the tax commissioner and commis- Tax commis- 
sioner of corporations, thirty-two hundred eight dollars ^'°"'^''- 
and thirty-three cents. 

For the salary of the deputy tax commissioner, twenty- Deputy, 
two hundred ninety-one dollars and sixty-six cents. 

For the salary of the first clerk in the department of First clerk, 
the tax commissioner, eighteen hundred thirty-three dol- 
lars and thirty-three cents. 

For the salary of the second clerk in the department of Second clerk, 
the tax commissioner, thirteen hundred and seventy-five 
dollars. 

For such additional clerical assistance as the tax com- clerical 

J21 j?xii i. ^ £ y ^• assistance. 

missioner may find necessary lor the despatch ot public 
lousiness, a sum not exceeding seventeen thousand eight 
hundred and seventy-five dollars. 

For travelling expenses of the tax commissioner and ^xpenscs^ 
his deputy, a sum not exceeding four hundred fifty-eight 
dollars and thirty-three cents. 

For incidental and contingent expenses of the tax com- Expenses, 
missioner and commissioner of corporations, a sum not 
exceeding thirty-eight hundred four dollars and seventeen 
cents. 

For expenses of the state valuation, under the direction state vaiua- 
of the tax commissioner, a sum not exceeding twenty- 
seven hundred and fifty dollars. 



Clerk. 



16 Acts, 1900. — Chaps. 16, 17. 

Annual report. -poT the printing and binding of the annnal report of 
the tax commissioner, a sum not exceeding one thousand 
dollars. 

Section 2. This act shall take effect upon its passage. 

Approved January 24, 1006. 

Chaj). 16 Ax Act makixg appropriations for the salaries and 

EXPENSES OF THE STATE BOARD OF CONCILIATION AND 
ARBITRATION. 

Be it enacted, etc., as follows: 

tldns!"^^"'^ Section 1. The sums hereinafter mentioned are appro- 

priated, to be paid out of the treasury of the Commonwealth 
from the ordinary revenue, for the purposes specified, for 
the eleven months ending on the thirtieth day of ISTovem- 
ber, nineteen hundred and six, to wit : — 

diiatU)n* etc! For the Salaries of the members of the state board 
of conciliation and arbitration, sixty-eight hundred and 
seventy-five dollars. 

For the salary of the clerk of the board, thirteen hun- 
dred and seventy-five dollars. 

Expenses. ^qt travelling, incidental and contingent exj^enses of the 

board, the same to include the printing and binding of the 
aim.ual report, also the comjx;nsation of expert assistants, a 
sum not exceeding ten thousand six hundred and eighty- 
two dollars. 

Section 2. This act shall take effect uix)n its passage. 

Approved January ^J/., 1906. 

Chap. 17 An Act making appropriations for salaries and expenses 

IN THE STATE LIBRARY. 

Be it enacted, etc., as follows: 

tions^"*'"'^ Section 1. The sums hereinafter mentioned are ajipro- 

priated,to be paid out of the treasury of the Commonwealth 
from the ordinary revenue, for the purposes specified, for 
the eleven months ending on the thirtieth day of Novem- 
ber, nineteen hundred and six, to wit : — 

For the salary of the state librarian, twenty-seven hun- 
dred and fifty dollars. 

jP^rchascof Yov the purchase of books for the state library, seventy- 

seven hundred ninety-one dollars and sixty-six cents. 

.assistance. ^^^ svioh clerical assistance in the state library as may 

be necessary, a sum not exceeding forty-nine hundred and 
fifty dollars. 



state librarian. 



Acts, 1906. — Chaps. 18, 19. 17 

For preparing an index to current events and such other index to 

, , , • 1 . , , J? ii 1 1 current events. 

matters contained m the newspapers oi the day as may be 
deemed important by the trustees and librarian, a sum not 
exceeding nine hundred sixteen dollars and sixty-six cents. 

For contingent expenses in the state library, to be ex- Expenses, 
pended under the direction of the trustees and librarian, 
a sum not exceeding eighteen hundred thirty-three dollars 
and thirty-three cents. 

For the printing and binding of the annual rejx)rt of ^^^nuai report, 
the librarian of the state library, a sum not exceeding 
eight hundred dollars. 

Section 2. This act shall take effect upon its passage. 

Approved January 24> 1006. 

An Act making APPitoPRiATioxs for salaries and expenses (J/iq^j '18 

IN THE OFFICE OF THE CONTROLLER OF COUNTY ACCOUNTS. ^ ' 

Be it enacted, etc., as folloivs: 

Section 1, The sums hereinafter mentioned are appro- Appropria- 
priated, to be paid out of the treasury of the Commonwealth 
from the ordinary revenue, for the purposes specified, for 
the eleven months ending on the thirtieth day of Novem- 
ber, nineteen hundred and six, to wit : — 

For the salary of the controller of county accounts, controller of 
twenty-two hundred ninety-one dollars and sixty-six cents, accounts. 

For the salary of the first deputy controller of county First deputy, 
accounts, sixteen hundred and fifty dollars. 

For the salary of the second deputy controller of county se<-oud deputy, 
accounts, thirteen hundred and seventy-five dollars. 

For the salary of the third deputy controller of county Third deputy. 
accounts, eleven hundred dollars. 

For travelling and office expenses of the controller of Expenses. 
county accounts and his deputies, to include the printiug 
and binding of the annual report, a sum not exceeding 
thirteen hundred and fifty dollars. 

Section 2. This act shall take effect upon its passage. 

Approved January 24, 1906. 

An Act making appropriations for the board of regis- rij^fj^^ iq 

TRATION IN VETERINARY MEDICINE. ^ ' 

Be it enacted, etc., as follows: 

Section 1. The sums hereinafter mentioned are appro- Appropria- 
priated,to be paid out of the treasury of the Commonwealth ""°^' 
from the ordinary revenue, for the purposes specified, for 



18 



Acts, 1906. — Chaps. 20, 21. 



Board of 
registration In 
veterinary 
medicine. 

Expenses. 



the eleven months ending on the thirtieth day of N^oveni- 
ber, nineteen hundred and six, to wit : — 

For the salaries of the members of the board of regis- 
tration in veterinary medicine, a snm not exceeding two 
hundred twenty-nine dollars and sixteen cents. 

For travelling and other expenses of the members of 
the board, a snm not exceeding six hundred eighty-seven 
dollars and fifty cents. 

Section 2. This act shall take effect upon its passage. 

Approved January 2Jf., 1906. 

Chap. 20 Ax Act makixg appkopkiatioxs for the expex^ses or the 

BOARD OF FREE PUBLIC LIBRARY COMMISSIONERS. 

Be it enacted, etc., as foUoivs: 

Section 1. The sums hereinafter mentioned are appro- 
priated, to be paid out of the treasury of the Commonwealth 
from the ordinary revenue, for the purposes specified, for 
the eleven months ending on the thirtieth day of Novem- 
ber, nineteen hundred and six, to wit : — 

To carry out the provisions of the act to promote the 
establishment and efficiency of free public libraries, a sum 
not exceeding fifteen hundred dollars. 

For clerical assistance to and incidental and necessary 
expenses of the board of free public library commission- 
ers, the same to include the printing and binding of the 
annual report, a sum not exceeding six hundred fifty- 
eight dollars and thirty-three cents. 

Section 2. This act shall take effect upon its passage. 

Approved January 2J^, 1906. 



Approprici- 
tions. 



Free public 
libraries. 



Clerical 
assistance, etc. 



Chap. 21 An Act making appropriations for the board of regis- 
tration IN dentistry. 

Be it enacted, etc., as follows: 

Section 1. The sums hereinafter mentioned are appro- 
priated, to be paid out of the treasury of the Commonwealth 
from the ordinary revenue, for the purposes specified, for 
the eleven months ending on the thirtieth day of Novem- 
ber, nineteen hundred and six, to wit : — 

For the salaries of the members of the board of regis- 
tration in dentistry, fifteen hundred fifty-eight dollars and 
thirty-three cents. 

For clerical services, postage, printing, travelling and 
other necessary expenses of the board, to include the print- 



Appropria- 
tions. 



Board of 
registration in 
dentistry. 



ClcrlMl 
services, etc. 



Acts, 190G. — Chaps. 22, 23. 19 

ing of the annual report, a sum not exceeding tAVO thou- 
sand doUars. 

Section 2. This act shall take effect upon its passage. 

Approved January 2Ji, 1906. 

An Act making appkopriations for the board of regis- QJiap. 22 

TRATION IN MEDICINE. ' 

Be it enacted, etc., as foUoivs: 

Section 1. The sums hereinafter mentioned are appro- Appropria- 
priated, to be paid out of the treasury of the Commonwealth 
from the ordinary revenue, for the purposes specified, for 
the eleven months ending on the thirtieth day of l^ovem- 
ber, nineteen hundred and six, to wit : — 

For the salaries of the members of the board of regis- Board of 
tration in medicine, thirty-nine hundred forty-one dollars in'inediciue. 
and sixty-six cents. 

For travelling and other expenses of the board, a sum Travelling 
not exceeding five hundred and fifty dollars. 

For clerical services, printing, postage, office supplies clerical 
and contingent expenses of the members of the board, 
the same to include the printing of the annual report, a 
sum not exceeding sixteen hundred thirty-three dollars 
and thirty-four cents. 

Section 2. This act shall take effect upon its passage. 

Approved January 2 If, 1906. 

An Act making appropriations for the board of regis- (JJiaij. 23 

TRATION IN PHARMACY. 

Be it enacted, etc., as follows: 

Section 1. The sums hereinafter mentioned are appro- Appropria- 

tioQs 

priated, to be paid out of the treasury of the Commonwealth 
from the ordinary revenue, for the purposes specified, for 
the eleven months ending on the thirtieth day of ISTovem- 
ber, nineteen hundred and six, to wit : ■ — ■ 

For the salaries of the members of the board of regis- Board of 
tration in pharmacy, twenty-two hundred dollars. pha'nnacy" ^'^ 

For travelling and other expenses of the members of Expenses. 
the board, a sum not exceeding thirteen hundred fifty- 
two dollars and eight cents. 

For the salary and expenses of the agent of the board, ^s^^^- 
a sum not exceeding twenty-two hundred dollars. 

For a stenographer, witness fees and incidental and con- stenographer, 
tingent exjDenses of the board, the same to include the 



20 



Acts, 1906. — Chap. 24. 



printing of the annual rejwrt, a snm not exceeding thir- 
teen hinidred and seventj-five dolhirs. 

Section 2. This act shall take effect npon its passage. 

Apiyroved January 2Jf, 1906. 



Ghajp. 



Appropria- 
tions. 



Public 
documents. 



Pamplilet 
edition, acts 
and resolves. 



Blue book. 



Puljlication of 
laws, etc. 



Decisions of 
supreme 
judicial court. 

Purchase of 
paper. 



Assessors' 
books, etc. 

Registration 
books, etc. 



Printing, etc., 
ballots. 



24 Ax Act makixg appropriatioxs for printing and bind- 
ing PUBLIC DOCUMENTS, FOR PURCHASING PAPER, AND FOR 
PUBLISHING LAWS AND MATTERS RELATING TO ELECTIONS. 

Be it enacted, etc., as follows: 

Section 1. The sums hereinafter mentioned are appro- 
priated, to be paid out of the treasury of the Commonwealth 
from the ordinary revenue, for the purposes specified, for 
the eleven months ending on the thirtieth day of iSTovem- 
ber, nineteen hundred and six, to wit : — 

For printing and binding the series of public docu- 
ments, a sum not exceeding eighteen thousand dollars. 

For printing the pamphlet edition of the acts and re- 
solves of the present year, a sum not exceeding four thou- 
sand dollars. 

For printing and binding the blue book edition of the 
acts and resolves of the present year, a sum not exceeding 
seventy-two hundred and fifty dollars. 

For the newspaper publication of general laws and in- 
formation intended for the public, a sum not exceeding 
five hundred dollars. 

For reports of decisions of the supreme judicial court, 
a sum not exceeding two thousand dollars. 

For the purchase of pa|:)er used in the execution of the 
contract for state printing, a sum not exceeding thirty- 
three thousand dollars. 

For assessors' books and blanks, a sum not exceeding 
one thousand dollars. 

For registration books and blanks, indexing returns 
and editing the registration report, a sum not exceeding 
thirty-eight hundred dollars. 

Foi' printing and distributing ballots, a sum not cx- 



Hlank forms, 
etc. 



ceeding ten thousand dollars. 

For blank forms for town officers, election laws and 
blanks and instructions on all matters relating to elec- 
tions, and for the expense of advertising the state ticket, 
a sum not exceeding four thousand dollars. 

Section 2. This act shall take effect \\\^o\\ its passage. 

Approved January 2^, 1906. 



Acts, 1906. — Chaps. 25, 26, 27. 21 

An Act making an ArpROPRiATiON for the payment of (JJiq^^j 25 

PREMIUMS ON SECURITIES PURCHASED FOR THE MASSACHU- ^ ' 

SETTS SCHOOL FUND. 

Be it enacted, etc., as follows: 

Section 1. A sum not exceeding twentj-five then- Maasacbusetts 
sand dollars is hereby appropriated, to be paid out of 
the treasury of the Commonwealth from the ordinary 
revenue, for the payment by the treasurer and receiver 
general of premiums on securities purchased for the Mas- 
sachusetts School Fund, as provided for by section three 
of chapter forty-one of the Revised Laws. 

Section 2. This act shall take effect upon its passage. 

Approved January 21^, 1906. 

An Act making an appropriation for the expenses of Q]iQ^Tf 26 

TAKING THE DECENNIAL CENSUS. ' 

Be it enacted, etc., as follows: 

Section 1. The sum of sixty thousand dollars is Taking the de- 
hereby appropriated, to be paid out of the treasury of *''^"°"^ census. 
the Commonwealth from the ordinary revenue, for pay- 
ment of the expenses of taking the decennial census, 
as provided for by chapter four hundred and twenty- 
three of the acts of the year nineteen hundred and four, 
the same to be in addition to any amount heretofore ap- 
propriated for the same purpose. 

Section 2. This act shall take effect upon its passage. 

Approved January 2Jf, 1906. 

An Act making an appropriation for the printing, (Jhnj^ '2n 

BINDING AND DISTRIBUTION OF THE REPORTS OF THE * 

DECENNIAL CENSUS. 

Be it enacted, etc., as folloivs: 

Section 1. The sum of sixteen thousand dollars is Printing:, etc., 
hereby appropriated, to be paid out of the treasury of the ceuniai census. 
Commonwealth from the ordinary revenue, for printing, 
binding and distributing the rej^rts of the decennial cen- 
sus of the year nineteen hundred and five, as authorized 
by chapter sixty-six of the resolves of the year nineteen 
hundred and five, the same to be in addition to any 
amount heretofore appropriated for the same purpose. 

Section 2. This act shall take effect upon its passage. 

Approved January 24, 1906. 



22 



Acts, 1906. — Chaps. 28, 29, 30. 



Chap. 28 -^^^^ Act makixg an appropriatiox for the Massachusetts 

INSTITUTE OF TECHNOLOGY. 

Be it enacted, etc., as follows: 

Section 1. The sum of twenty-nine thousand dollars 
is hereby appropriated, to be paid out of the treasury of 
the Commonwealth from the ordinary revenue, to the 
Massachusetts Institute of Technology. 

Section 2. This act shall take 'effect upon its passage. 

Approved January 2^, 1906. 



Massachusetts 
Institute of 
Technology. 



Chap. 29 A^* Act making an appropriation for the Massachusetts 

SCHOOL fund. 



Massachusetts 
School Fund. 



Be it enacted, etc., as follows: 

Section 1. The sum of one hundred thousand dollars 
is hereby appropriated, to be paid out of the treasury of 
the Commonwealth from the ordinary revenue, for the 
Massachusetts School Fund, as provided for by section 
two of chapter forty-one of the Revised Laws. 

Section 2. This act shall take effect upon its passage. 

Approved Januarij 2^, 1906. 



Chap. 30 An Act making appropriations for the salary and ex- 
penses OF the commissioner of public records. 



Appropria- 
tions. 



Commissioner 
of public 
records. 

Expenses. 



Purchase of 
Ink. 



Be it enacted, etc., as follows: 

Section 1. The sums hereinafter mentioned are appro- 
priated, to be paid out of the treasury of the Commonwealth 
from the ordinary revenue, for the purposes specified, for 
the eleven months ending on the thirtieth day of ISTovem- 
ber, nineteen hundred and six, to wit : — 

For the salary of the commissioner of public records, 
twenty-two hundred ninety-one dollars and sixty-six cents. 

For travelling, clerical and other necessary expenses of 
the commissioner, including the printing of his annual 
report, a sum not exceeding eighteen hundred eight dol- 
lars and thirty-four cents. 

For the purchase of ink for public records, a sum not 
exceeding three hundred dollars. 

Section 2. This act shall take effect upon its passage. 

Approved January 21^, 1906. 



Acts, 1906. — Chaps. 31, 32, 33. 23 

An Act making an appropkiation for the Worcester (JJiap. 31 

POLYTECHNIC INSTITUTE. 

Be it enacted, etc., as follows: 

Section 1. The sum of ten thousand dollars is hereby Worcester 
appropriated, to be paid out of the treasury of the Com- institute"'*' 
monwealth from the ordinary revenue, to the Worcester 
Polytechnic Institute, as provided for by chapter one hun- 
dred and nine of the acts of the year nineteen hundred 
and five. 

Section 2. This act shall take effect upon its passage. 

Approved January 2Jf, 1906. 

An Act making an appropriation for dredging the (JJki^^ 32 
channel of the annisquam river in the city of 
gloucester. 

Be it enacted, etc., as follows: 

Section 1. A sum not exceeding sixteen thousand JJi^^fe°|'f^*^'' 
dollars is hereby appropriated, to be paid out of the Annisquam 
treasury of the Commonwealth from the ordinary rev- 
enue, for dredging and improving the channel of the 
Annisquam river between Gloucester harbor and Wolf 
hill, as authorized by chapter eighty-eight of the resolves 
of the year nineteen hundred and four, the same to be in 
addition to any amounts heretofore appropriated for the 
same purpose. 

Section 2. This act shall take effect upon its passage. 

Approved January 2J^, 1906. 

An Act making an appropriation for the payment of (Jj^-ir^j 33 

CERTAIN CLAIMS ARISING FROM THE DEATH OF FIREMEN ^ ' 

KILLED OR INJURED IN THE DISCHARGE OF THEIR DUTIES. 

Be it enacted, etc., as follows: 

Section 1. The sum of ten thousand dollars is hereby Payment of 
appropriated, to be paid out of the treasury of the Com- at^iV/^ from ^ 
monwealth, as authorized by section seventy-seven of firtmen*^,'' ^'^ 
chapter thirty-two of the Revised Laws, for the payment 
of such claims as may arise in consequence of the death 
of firemen belonging to the regularly organized fire de- 
partment of a city or town, or of members in active ser- 
vice of any incor]:)orated protective department, or of any 
person doing duty at the request of or by order of the 
authorities of a town which has uo orgauized fire depart- 



24 



Acts, 190G. — Chap. U. 



ment, who are killed or who die from injuries received 
while in the discharge of their duties at fires, during the 
eleven months ending on the thirtieth day of November, 
nineteen hundred and six. 

Section 2. This act shall take effect upon its passage. 

Approved January 21^, 1006. 



Chap. 34 



A ppropria- 

tiOUB. 



Insurance 
commisBiouer. 

Deputy. 

Actuary. 

Examiner. 
Chief clerk. 

Second clerk. 
Third clerk. 



Additional 
clerks, etc. 



ExpenBCB. 



Annual report. 



An Act making appropriations for salaries and expenses 

IN THE office OF THE INSURANCE COMMISSIONER. 

Be it enacted, etc., as foUoivs: 

Section 1. The sums hereinafter mentioned are appro- 
priated, to be paid out of the treasury of the Commonwealth 
from the ordinary revenue, for the purposes specified, for 
the eleven months ending on the thirtieth day of Novem- 
ber, nineteen hundred and six, to wit : — 

For the salary of the insurance commissioner, thirty- 
two hundred eight dollars and thirty-three cents. 

For the salary of the deputy insurance commissioner, 
twenty-two hundred ninety-c^ie dollars and sixty-six cents. 

For the salary of the actuary in the insurance depart- 
ment, eighteen hundred thirty-three dollars and thirty- 
three cents. 

For the salar)^ of the examiner in the insurance de]>art- 
ment, eighteen hundred thirt^'-three dollars and thirty- 
three cents. 

For the salary of the chief clerk in the insurance de- 
partment, eighteen hundred thirty-three dollars and thirty- 
three cents. 

For the salary of the second clerk in the insurnnce 
department, thirteen hundred and seventy-five dollars. 

For the salary of the third clerk in the insurance de- 
partment, eleven hundred dollars. 

For such additional clerks and assistants as the insur- 
ance commissioner may find necessary for the despatch 
of public business, a sum not exceeding twenty-seven 
thousand thirty-seven dollars and fifty cents. 

For incidental and contingent expenses of the insur- 
ance commissioner, a sum not exceeding forty-five hun- 
dred eighty-three dollars and thirty-throe cents. 

For the ]u'inting and binding of the annual report of 
the insurance commissioner, a sum not exceeding forty- 
six hundred dollars. 

Section 2. This act shall take effect upon its passage. 

Approved Jaminri/ 3U lOOG. 



Acts, 1906. — Chap. 35. 25 



An Act making appropriations for the salaries and ex- Qfi^jf 35 

PENSES OF THE DISTRICT POLICE. ^' 

Be it enacted, etc., as follows: 

Section 1, The sums lioreinafter mentioned arc appro- Appropria- 
priatedjto be paid out of the treasury of the Commonwealth *^°"®" 
from the ordinary revenue, for the purposes specified, for 
the eleven months ending on the thirtieth day of Novem- 
ber, nineteen hundred and six, to wit: — 

For the salary of the chief of the district police, twenty- cwcf of dis- 
two hundred ninety-one dollars and sixty-six cents. "*" *"'"''• 

For the salary of the first clerk in the office of the dis- First cierk. 
triet police, thirteen hundred and seventy-five dollars. 

For the salary of the second clerk in the office of the Second clerk, 
district police, nine hundred sixteen dollars and sixty-six 
cents. 

For postage, printing, stationery, telephone, telegraph. Expenses, 
and incidental and contingent office expenses in the de- 
partment of the district |X)lice, a sum not exceeding forty- 
five hundred eighty^- three dollars and thirty- three cents. 

For the printing and binding of the annual report, a Annual report, 
sum not exceeding five hundred dollars. 

DETECTIVE DEPARTMENT. 

For the salary of the deputy chief of the detective de- Deputy chief 
partment of the district police, twenty-two hundred dol- department, 
lars. 

For the salary of the clerk in the detective department cierk. 
of the district police, eleven hundred dollars. 

For the salary of the stenographer in the detective de- stenographer. 
partment of the district police, eleven hundred dollars. 

For the compensation of the members of the detective Members, com- 
department of the district police, a sum not exceeding ^^^^^ '*'"" 
nineteen thousand five hundred and twenty-five dollars. 

For the compensation of the fire inspectors of the detec- Firein- 
tive department of the district police, ninety-nine hundred ^'^^'^ °^^' 
dollars. 

For travelling expenses of the members of the detective Travelling 
department of the district police, a sum not exceeding ^^^^^^ 
eleven thousand five hundred and fifty dollars. 

For special services and expenses of persons employed services, etc. 
under the direction of the deputy chief of the detective 
department in the investigation of fires, including witness 



26 



Acts, 190G. — Chap. 36. 



fees, travel, contingent and incidental expenses, a snm not 
exceeding thirteen hundred and seventy-five dollars. 



Deputy chief 
of inspection 
department. 



Clerk. 



Members, com- 
pensation. 



Travellino 
expenses. 



Operating the 

steamer 

Lexington. 



IXSPECTIOISr DEPARTMENT. 

For the salary of the deputy chief of the inspection 
department of the district police, twenty-two hundred dol- 
lars. 

For the salarj^ of the clerk in the ins|5ection depart- 
ment of the district police, five hundred and fifty dollars. 

For the compensation of the members of the inspection 
department of the district police, a sum not exceeding 
fifty thousand four hundred sixteen dollars and sixty-six 
cents. 

For travelling expenses of the members of the inspec- 
tion department of the district police, a sum not exceed- 
ing thirteen thousand seven hundred and fifty dollars. 

For the exjDenses of operating the steamer Lexington 
which is in charge of the chief of the district police and 
used in the enforcement of the fishery laws of the Com- 
monwealth, a sum not exceeding nine thousand dollars. 

Section 2. This act shall take effect uix)n its passage. 

Approved January 31, 1906. 



CJiap. 36 An^ Act making appropriatioxs for the salaries and 

EXPENSES OP THE MASSACHUSETTS HIGHWAY COMMIS- 
SION. 

Be it enacted, etc., as follows: 

Section 1. The sums hereinafter mentioned are appro- 
priated, to be paid out of the treasury of the Commonwealth 
from the ordinary revenue, for the purposes specified, for 
the eleven months ending on the thirtieth day of Novem- 
ber, nineteen hundred and six, to wit : — 

For the salaries of the Massachusetts highway commis- 
sion, the sum of seventy-seven hundred ninety-one dollars 
and sixty-six cents. 

For the salaries of the engineers, clerks and assistants 
in the office of the commission, a sum not exceeding thir- 
teen thousand one hundred twenty-six dollars and sixty- 
six cents. 

For travelling and other expenses of the commission, 
printing, postage and necessary office expenses, a sura not 
exceeding fifty-nine hundred fifty-eight dollars and thirty- 
three cents. 



Appropria- 
tions. 



Massachusetts 

highway 

commission. 



Engineers, 
clerks, etc. 



Expenses. 



Acts, 1906. — Chaps. 37, 38. 27 

For rent of offices for the use of the commission, a sum Rent of offices. 
not exceeding fonr thousand three hundred fiftv-four dol- 
Lars and sixteen cents. 

For the printing and binding of the annual report of Annual report, 
the commission, a sum not exceeding twelve hundred dol- 
lars. 

For care and repair of road-building machinery, a sum Road-buiiding 
not exceeding thirty-five hundred dollars. ' ^' 

For expenses in connection with the registration of mofcfr vehu!ie°s! 
motor vehicles and the licensing of operators thereof, a 
sum not exceeding ten thousand eighty-three dollars and 
tliirty- three cents. 

For the maintenance of state hio-hways, a sum not ex- state 

T . (. 1 1 111- •TTi highways. 

ceedmg sixty-iour tliousand one hundred sixty-six dolhirs 
and sixty-six cents. 

Section 2. This act shall take effect upon its passage. 

Approved January SI, 190G. 

An Act in addition to an act making an appropriation (J]ian, 37 

FOR THE EXPENSES OF THE DECENNIAL CENSUS. ' 

Be it enacted, etc., as foUoivs: 

Section 1. The sum of fifty thousand dollars is hereby Expenses of 
appropriated, to be paid out of the treasury of the Com- dw«mnha 
mon wealth from the ordinarj^ revenue, to meet additional 
expenses in completing the census field work, and for 
salaries of the clerical force required for tabulations, and 
for such other expenses as may be necessary, the same to 
be in addition to any amount heretofore appropriated for 
this purpose. 

Section 2, This act shall take effect upon its passage. 

Approved January 31, 1906. 



census. 



ChajJ. 38 



An Act making appropriations for the salaries and 
expenses of the railroad commissioners. 

Be it enacted, etc., as follows: 

Section 1. The sums hereinafter mentioned are apjiro- Appropria- 
priated, to be paid out of the Kailroad Commissioners' *'°''^" 
Fund, to provide for the expenses of the railroad commis- 
sioners, for the eleven months ending on the thirtieth day 
of November, nineteen hundred and six, to wit : — 

For the salaries of the railroad commissioners, eleven Railroad com- 
thousand nine hundred sixteen dollars and sixty-six cents. 



raissioners. 



28 



Acts, 1906. — Chap. 39. 



Clerk. 



Assistant 
clerk. 



Clerical 
assistanee. 



Ai'comit;int. 



Railroad 
inspectors. 

Experts, etc. 



Rent, messen- 
ger, etc. 



Stationer}', etc. 



Stenographer, 
etc. 



Annual report. 



For the salary of the clerk of the railroad commission- 
ers, twenty-two hundred ninety-one dollars and sixty-six 
cents. 

For the salary of the assistant clerk of the railroad 
commissioners, a snm not exceeding eleven hundred dol- 
\ixrs. 

For snch additional clerical assistance as the railroad 
commissioners may find necessary for the proper despatch 
of piil)lic business, a sum not exceeding twelve hundred 
dollars. 

For tlic salary of the acconntant of the railroad com- 
missioners, twenty-two hundrod ninety-one dollars and 
sixty-six cents. 

For the salaries and expenses of the railroad inspectors, 
a sum not exceeding eighty-two hundred and fifty dollars. 

For the compensation of experts or other agents of the 
railroad commissioners, a sum not exceeding eight thou- 
sand dollars. 

For rent, care of office and salary of a messenger for 
the railroad commissioners, a sum not exceeding fifty-five 
hundred dollars. 

For books, maps, statistics, stationery, and for inci- 
dental and contingent expenses of the railroad commis- 
sioners, a sum not exceeding forty-two hundred dollars. 

For a stenographer and stenographic reports, a sum not 
exceeding twelve hundred dollars. 

For the printing and binding of the annual report of 
the railroad commissioners, a sum not exceeding fifty-five 
hundred dollars. 

Section 2. This act shall take effect upon its passage. 

Approved January 31, 1900. 



CJwj). 39 Ak Act making APruopRiATioNS for payment of state 

AND MILITARY AID AND EXPENSES IN CONNECTION THERE- 
WITH. 

Be it enacted, etc., as folloivs: 

Section 1. The sums hereinafter mentioned are appro- 
priated, to be paid out of the treasury of the Commonwealth 
from the ordinary revenue, for the purposes s]iecified, for 
the eleven months ending on the thirtieth day of Novem- 
ber, nineteen hundred and six, to Mat : — 

For reimbursing cities and to"\vns for money paid on 
account of state and military aid to Massachusetts volun- 



Approi)ria- 
tions. 



State and 
military aid. 



Acts, 190G. — CiiAr. 40. 29 

teers and their families, a sum not exceeding eight hun- 
dred and forty-six thousand dollars, the same to be paid 
on or before the tenth day of December in the year nine- 
teen hundred and six. 

For the salary of the commissioner of state aid and of'slateaki''''" 
pensions, twenty-two hundred ninety-one dollars and sixty- aud pensions. 
six cents. 

For the salary of the deputy commissioner of state aid deputy. 
and pensions, eighteen hundred thirty-three dollars and 
thirtj^-three cents. 

For the salary of the chief clerk of the commissioner chiufcicrk. 
of state aid and pensions, thirteen hundred and seventy- 
five dollars. 

For the salaries of the agents of the commissioner of ^sents. 
state aid and pensions, thirty-eight hundred fifty dollars 
and ninety-eight cents. 

For the salary of the bookkeeper of the commissioner Bookkeeper. 
of state aid and pensions, eleven hundred ninety-one dol- 
lars and sixty-six cents. 

For the salaries of additional clerks of the commis- Additional 
sioner of state aid and pensions, a sum not exceeding ^^'^^^^• 
thirty-five hundred fifty-six dollars and sixty-six cents. 

For incidental and contingent expenses of the commis- Expenses. 
sioner of state aid and pensions, including necessary 
travel, a sum not exceeding twenty-seven hundred sixty- 
eight dollars and thirty-four cents. 

Section 2. This act shall take effect upon its passage. 

Approved January SI, 1906. 

An Act making ApritopRiATiONs for salaries and expenses (Jj^i^j 4Q 

AT THE STATE PRISON. ^ ' 

Be it enact ed, etc., as follows: 

Section 1. The sums hereinafter mentioned are appro- Appropria. 
priated,to be paid out of the treasury of the Commonwealth *'""^" 
from the ordinary revenue, for the state prison, for the 
eleven months ending on the thirtieth day of November, 
nineteen hundred and six, to wit : — 

For salaries, a sum not exceeding seventy-four thou- state prison, 
sand two hundred and fifty dollars. '"'''"'^^• 

For other current ex}x?nses, a sum not exceeding Expenses, 
seventy-four thousand one hundred and thirty-seven dol- 
lars. 

Section 2. This act shall take effect upon its passage. 

Approved January 31, 1906. 



30 



Acts, 190G. 



Chaps. 41, 42. 



Clia]). 41 Ax Act making appropriations for salaries and expenses 

AT THE reformatory PRISON FOR WOMEN. 

Be it enacted, etc., as follows: 

Section 1. The sums hereinafter mentioned arc appro- 
]iriated,to be paid out of the treasury of the Commonwealth 
from the ordinary revenue, for the reformatory prison for 
women, for the eleven months ending on the thirtieth day 
of Xovemher, nineteen hundred and six, to wit : ■ — 

For salaries and wages, a sum not exceeding twenty- 
two thousand nine hundred dollars. 

For other current expenses, a >sum not exceeding twenty- 
nine thousand four hundred dollars. 

For the town of Framingham, toward the annual ex- 
pense of maintaining and o|Xirating the system of sewage 
disposal at said prison, the sum of six hundred dollars. 

Section 2. This act shall take effect upon its passage. 

Approved January 31, 1906. 



Appropria- 
tions. 

Reformatory 
prison for 
women. 



Salaries, etc. 
Expenses. 



Town of 
Framingliam. 



Chcqj. 42 



Appropria- 
tions. 



Prison com- 
missioners, 
chairman. 



Secretary. 



Clerical 
assistance. 



Acrents. 



Travelling 
expenses. 



An Act making appropriations for salaries and expenses 
in the office of the prison commissioners, and for 
sundry reformatory expenses. 

Be it enacted, etc., as follows: 

Section 1. The sums hereinafter mentioned are appro- 
priated, to be paid out of the treasury of the Commonwealth 
from the ordinary revenue, for the purposes specified, for 
the eleven months ending on the thirtieth day of ISTovem- 
ber, nineteen hundred and six, to wit : — 

For the salary of the chairman of the prison commis- 
sioners, thirty-six hundred sixty-six dollars and sixty-six 
cents. 

For the salary of the secretary of the prison commis- 
sioners, twenty-two hundred ninety-one dollars and sixty- 
six cents. 

For clerical assistance in the office of the prison com- 
missioners, a sum not exceeding forty-four hundred dol- 
lars. 

For the salaries of the agents of the prison commis- 
sioners, forty-seven hundred sixty-six dollars and sixty- 
six cents. 

For travelling expenses of the prison commissioners, 
and of the secretary and agents of said commissioners, a 



Acts, 190G. — CiiAr. 43. 31 

sum not exceeding twentj-seven hundred and fifty dol- 
lars. 

For incidental and contingent expenses of the prison Expenses, 
commissioners, including the printing and binding of the 
annual report, a sum not exceeding twenty-three hundred 
and eighty-four dollars. 

For the salary of the agent for aiding discharged female Agent for aui- 

-. 1 9 °,.~. ing discharged 

prisoners, nine hundred sixteen dollars and sixty-six cents, female pris- 
For the ex|3enses of the agent for aiding discharged Expenses. 

female prisoners, including assistance rendered to such 

]")risoners, a sum not exceeding twenty-seven hundred and 

fifty dollars. 

For aiding prisoners discharged from the Massachusetts Aiding pris- 

reforniatory, a sum not exceeding forty-five hundred and charged from 

• 1 , n in reformatory. 

eignty-lour dollars. 

For aiding prisoners discharged from the state prison. Aiding 
a sum not exceeding twenty-seven hundred and fifty dol- charged from 

1 state prison. 

lars. 

For expenses incurred in removing prisoners to and pi^gon^CTs"^ 
from state and county prisons, a sum not exceeding eight- 
een hundred thirty-three dollars and thirty-three cents. 

For expenses in connection wdth the identification of i^entiflt?aUou 
criminals, a sum not exceeding nineteen hundred and of criminals, 
twenty-five dollars. 

Section 2. This act shall take effect upon its passage. 

Approved Fehruary 1, 1906. 

An Act making appeopkiations for salaries and expenses (Jh^,^ 43 

IN THE BUREAU OF STATISTICS OF LABOR. ^ ' 

Be it enacted, etc., as follows: 

Section 1. The sums hereinafter mentioned are ap]iro- Appropria- 
])riated,to be paid out of the treasury of the Commonwealth ^^^^^' 
from the ordinary revenue, for the purposes specified, for 
the eleven months ending on the thirtieth day of Novem- ■ 
ber, nineteen hundred and six, to wit : — 

For the salary of the chief of the bureau of statistics chief oi 
of labor, twenty-seven hundred and fifty dollars. tfstkfs^of hfbor. 

For the salary of the first clerk of the bureau of statis- First clerk, 
tics of labor, eighteen hundred thirty-three dollars and 
thirty-three cents. 

For the salary of the second clerk of the l)ureau of sta- second clerk, 
tistics of labor, fifteen hundred twelve dollars and fifty 
cents. 



32 



Acts, liiOG. — CiiAr. U. 



Special agents. 



Clerical 
assistauce. 



Statistics of 
iiiauufactureB. 



Expenses of 
special census. 



Annual 
reports. 



a sum not exceeding fifteen thousand two 



For the salaries of the two special agents of the bureau 
of statistics of labor, the sum of twenty-two hundred dol- 
lars. 

For such additional clerical assistance, and for such 
other expenses of the bureau of statistics of labor as may 
be necessary, 
hundred dollars 

For expenses in connection with the annual collection 
of statistics of manufactures, a sum not exceeding six 
thousand dollars. 

For expenses in connection with taking a special cen- 
sus in towns having an increased resident |X)pulation dur- 
ing the summer months, a sum not exceeding one thousand 
dollars. 

For the printing and binding of the annual reports of 
the bureau of statistics of labor, a sum not exceeding six 
thousand dollars. 

Section 2. This act shall take effect upon its passage. 

Approved February 1, 1906. 



Chaj). 



Massachusetts 
nautical train- 
ing school. 



Current ex- 
penses. 



Expenses of 
commis- 
sioners. 



44: An Act making appropriations for the expenses of the 
commissioners of the massachusetts nautical train- 
ing school. 

He it enacted, etc., as follows: 

Section 1. The sums hereinafter mentioned are appro- 
priated, to be paid out of the treasury of the Commonwealth 
from the ordinary revenue, for the purposes specified, for 
the eleven months ending on the thirtieth day of Novem- 
ber, nineteen hundred and six, to wit : — 

For the current expenses of the Massachusetts nautical 
training school, a sum not exceeding fifty thousand four 
hundred sixteen dollars and sixty-six cents. 

For the necessary expenses of the commissioners of the 
Massachusetts nautical training school, including the sal- 
ary of the secretary, clerical services, printing, stationery, 
and for contingent expenses and the printing and binding 
of the annual report of the commission, a sum not exceed- 
ing forty-five liundred eighty-three dollars and thirty-three 
cents. 

Section 2. This act shall take effect upon its passage. 

Approved February i, 1900. 



Acts, 1906. — Chaps. 45, 46, 47. 33 



An Act makixg an appropriation for maintaining the (JJidrt^ ^5 

INDUSTRIAL CAMP FOR PRISONERS. ^' 

Be it enacted, etc., as follows: 

Section 1. The sum of sixteen thousand one hundred Jamp for^ 
dollars is hereby appropriated, to be paid out of the treas- ^^ilrPfg^^^t^. 
ury of the Commonwealth from the ordinary revenue, for 
salaries and expenses at the industrial camp for prison- 
ers, during the eleven months ending on the thirtieth day 
of November, nineteen hundred and six. 

Section 2. This act shall take effect upon its passage. 

Approved February 1, 1906. 

An Act making an appropriation for exterminating QJid^ 4.Q 

CONTAGIOUS DISEASES AMONG HORSES, CATTLE AND OTHER ^' 

ANIMALS. 

Be it enacted, etc., as follows: 

Section 1. The sum of sixty thousand dollars is Extermination 
hereby appropriated, to be paid out of the treasury of the dLeases^''*"^ 
Commonwealth from the ordinary revenue, to be expended n]|^fs°^*°'' 
under the direction of the cattle bureau of the state board 
of agriculture, for the extermination of contagious dis- 
eases among horses, cattle and other animals, during the 
eleven months ending on the thirtieth day of November, 
nineteen hundred and six. 

Section 2. This act shall take effect upon its passage. 

Approved February 1, 1906. 

An Act making appropriations for sundry miscellane- QJiq/t) 47 
ous expenses authorized by law. ^' 

Be it enacted, etc., as follows: 

Section 1. The sums hereinafter mentioned are appro- Appropria- 
priated,to be paid out of the treasury of the Commonw^ealth *'"°^' 
from the ordinary revenue, for the purposes specified, for 
the eleven months ending on the thirtieth day of Novem- 
ber, nineteen hundred and six, to wit : — 

For medical examiners' fees, a sum not exceeding four Medical ex- 
hundred dollars. ^'""'^*^'"^' '*^""- 

For travelling, clerical and other necessary expenses of pu^Hcatfon^ ''^ 
the state board of publication, a sum not exceeding one expenseB. 
hundred dollars. 



34 Acts, 1906. — Chaps. 48, 49. 

wfiddelr.*'^ For the payment of damages caused by wild deer, a 

sum not exceeding two thousand dollars. 

SXashpee.*^^ For expenses incurred in the construction and repair of 
roads in the town of Mashpee during the year nineteen 
hundred and six, the sum of three hundred dollars. 

mfdhi^ruro. ^o^ assistance to the to^m of Truro in maintaining a 
section of its county highway kno^^^l as Beach Point road, 
a sum not exceeding five hundred dollars. 

Small items of YoT Small itcmS of exwuditure for which no appro- 

expenditure. .. IIP • 1-1 

priations have been made, and lor cases m which appro- 

})riations have been exhausted or have reverted to the 

Commonwealth in previous years, a sum not exceeding 

one thousand dollars, to be expended under the direction 

of the auditor of accounts. 

^akingevi- p^j. taking evidence given at inquests in cases of death 

Inquests in jjy accidcut occurrins; upon steam and street railwavs, a 

sum not exceeding twenty-seven hundred and fifty dollars. 

Section 2. This act shall take effect upon its passage. 

Approved February 1, 1906. 

Chap. 48 -'^^ Act making an appropriation for an additional 

BUILDING AT THE SOLDIERS' HOME IN MASSACHUSETTS. 

Be it enacted, etc., as folloirs: 

Additional Section 1. The sum of fifty thousand dollars is hereby 

tiie Soldiers' appropriated, to be paid out of the treasury of the Com- 
MassachusettB. monwealth from the ordinary revenue, for the purpose 
of constructing and furnishing an additional building for 
hospital purposes at the soldiers' home in Massachusetts, 
located at Chelsea, as authorized by chapter seventy-seven 
of the resolves of the year nineteen hundred and five, the 
same to be in addition to any amount heretofore appro- 
priated for this purpose. 

Section 2. This act shall take effect upon its passage. 

Approved Fehriiary 1, 1906. 

Chap. 49 An Act making appropriations for continuing the pub- 
lication OF THE PROVINCE LAWS. 

Be it enacted, etc., as follows: 
Appropria- Section 1. The sums hereinafter mentioned are appro- 

priated, to be paid out of the treasury of the Commonwealth 
from the ordinary revenue, during the eleven months end- 
ing on the thirtieth day of November, nineteen hundred 
and six, for completing the preparation and publication 



Acts, 1906. — Chap. 50. 35 

of the acts and resolves of the province of Massachusetts 
Bay, to wit : — 

For the salary of the editor, the sum of eighteen hnn- Province laws, 
dred thirty-three dollars and thirty-three cents. 

For the salary of the chief clerk, thirteen hundred and Chief clerk, 
seventy-five dollars. 

For clerical service and a messenger, a sum not exceed- ^grvlce^etc. 
ing thirty-one hundred sixteen dollars and sixty-six cents. 

For stationery, postage, travelling and other expenses Expenses. 
in connection with the preparation and publication of the 
province laws, a sum not exceeding one hundred and fifty 
dollars. 

For printing and binding such volumes as may be com- Printing and 
pleted, a sum not exceeding twenty-five hundred dollars. ^'° ^°^' 

Section 2. This act shall take effect upon its passage. 

Approved February 1, 1906. 

Ak Act to enlarge the jurisdiction of the land court. Chap. 50 
Be it enacted, etc., as follows: 

Section 1. Section one of chapter one hundred and fm^ndlfi'.^^' 
eighty-three of the Revised Laws is hereby amended by 
striking out the words " su]3erior court for the county in 
which any part of such land or flats lies ", in the second 
and third lines, and inserting in place thereof the words : 
— land court, — so as to read as follows: — Section 1. ^ompeuup. 
One or more persons who hold land or flats adjacent to or fo°t?y utie™*"* 
covered by high water may apply by petition to the land 
court for the settlement and determination of the lines 
and boundaries of their ownership in such flats. 

Section 2. Instead of appointing the commissioners court may ex- 
authorized by section two of said chapter the court may et^fpf coJi?-'^^' 
in its discretion exercise the powers and duties of such ™'^®'°"*^'"^- 
commissioners. 

Section 3. A petitioner for registration may in his Petitioner may 
petition request tlie court to proceed under said chapter to proceed, etc. 
concurrently with the registration proceedings, and the 
court may in its discretion comply with the request, if 
such compliance seems conducive to justice and the rights 
of all parties. 

Section 4. This act shall not affect cases now pend- pgndrng^LlTses. 
ing in the superior court under said chapter. 

Approved Fchriiary 1, 1906. 



36 



Acts, 1906. — Chaps. 51, 52. 



Chap. 51 An Act making appropriations for salaries and expenses 

IN THE OFFICE OF THE STATE BOARD OF HEALTH. 

Be it enacted, etc, as follows: 

Section 1. The sums hereinafter mentioned are appro- 
priated, to be paid out of the treasury of the Commonweahh 
from the ordinary revenue, for the purposes sj^ecified, for 
the eleven months ending on the thirtieth day of Xovem- 
ber, nineteen hundred and six, to wit : — 

For the salary of the secretary of the state board of 
health, twenty-seven hundred and fifty dollars. 

For the general work of the state board of health, in- 
cluding all necessary travelling expenses, a sum not ex- 
ceeding sixteen thousand five hundred dollars. 

For salaries and expenses in connection with the inspec- 
tion of milk, food and drugs, a sum not exceeding eleven 
thousand four hundred fifty-eight dollars and thirty-three 
cents. 

For exjTenses in connection with the examination of 
sewer outlets, a sum not exceeding eighty-two hundred 
and fifty dollars. 

For expenses in connection with the production and dis- 
tribution of antitoxin and vaccine lymph, a sum not ex- 
ceeding ninety-one hundred sixty-six dollars and sixty-six 
cents. 

For the printing and binding of the annual report, a 
sum not exceeding four thousand dollars. 

For services of engineers, chemists, biologists and other 
assistants, and for other expenses made necessary in pro- 
tecting the purity of inland waters, a sum not exceeding 
thirty-two thousand eighty-three dollars and thirty-three 
cents. 

For continuing the investigation of conditions affecting 
the health and safety of employees in factories, workshops 
and other places of employment in the Commonwealth, 
a sum not exceeding twenty-five hundred dollars. 

Section 2. This act shall take effect upon its passage. 

Approved February 3, 1906. 



Appropria- 
tions. 



state board of 
health, secre- 
tary. 

Expenses. 



Inspection of 
milk, food and 
drugs. 



Examination 
of sewer 
outlets. 



Distribution, 
etc., of anti- 
toxin and 
Taccine lymph. 



Annual report. 



Engineers, 
chemists, etc. 



Investigation 
as to sanitary 
conditions in 
factories, etc. 



Chap. 52 An Act making appropriations for salaries and expenses 

IN THE DEPARTMENT OF THE ATTORNEY-GENERAL. 

Be it enacted, etc., as follows: 

^ppjop"*- Section 1. The sums hereinafter mentioned are appro- 

priated, to be paid out of the treasury of the Commonwealth 



Acts, 1906. — Chap. 53. 37 

from the ordinary revenue, for the purposes specified, for 
the eleven months ending on the thirtieth day of jSTovem- 
ber, nineteen hundred and six, to wit : — 

For the salary of the attorney-general, forty-five hnn- Attomey- 
dred eighty-three dollars and thirty-three cents. faiary, etc. 

For the compensation of assistants in the office of the Assistants, etc. 
attorney-general, and for such additional legal assistance 
as may be deemed necessary in the discharge of his duties, 
and also for any other expenses in his department, a sum 
not exceeding thirty-six thousand six hundred sixty-six 
dollars and sixty-six cents. 

Section 2. This act shall take effect upon its passage. 

Approved February 3. 1906. 

Ax Act makixg appropriations for sundry sinking Chap. 53 

FUNDS. 

Be it enacted, etc., as folloirs: 

Section 1. The sums hereinafter mentioned are appro- Appropria- 
priated,to be paid out of the treasury of the Commonwealth ^^°^^" 
from the ordinary revenue, to make good deficiencies in 
certain sinking funds, being the estimates of the treasurer 
and receiver general, to wit : — 

For the Harbor Improvement Loan Sinking Fund, the Harbor im- 
sum of thirty-seven hundred eighty-two dollars and sixty- ^o^m sinking 
three cents. Fund. 

For the Metropolitan Parks Loan Sinking Fund, Series Metropolitan 
Two (one half), the sum of twenty-seven thousand five l^lTkinl'Fund, 
hundred twenty dollars and sixty -three cents. SenesTwo. 

For the ]\Iedfield Insane Asylum Loan Sinking Fund, Mediieid in- 
the sum of twenty-eight thousand nine hundred thirty- Loan sinking 
seven dollars and sixteen cents. 

For the Prisons and Hospitals Loan Sinking Fund, the prisons and 
sum of fifty-seven thousand five hundred and forty-eight Loan'sinkin"- 
dollars. " ' ^^^d. 

For the State Highway Loan Sinking Fund, the sum state m^hway 
of eighty-seven thousand five hundred eight dollars and rund.^^""^'"" 
twenty-eight cents. 

For the State House Loans Sinkino- Fund, the sum of state House 

1 1 1 iir-cTn T Loans Sinking 

ninety-two thousand two hundred lorty-nve dollars and Fund. 
twenty-seven cents. 

For the Massachusetts War Loan Sinking Fund, the Massachusetts 
sum of twenty-two thousand nine hundred thirty-four dol- sinking Fund. 
lars and eighty-one cents. 



38 



Acts, 1906. — Chaps. 54, 55. 



catton Fumi'?''" For the income of the Technical Education Fund, 
G?ant! ^^''**''^ United States Grant, the sum of thirty-two hundred and 
eighty-five dollars. 

To provide for the payment of a state highway serial 
bond, due April first, nineteen hundred and six, ten thou- 
sand dollars. 

Section 2. This act shall take effect upon its passage. 

Approved Fehruanj 6, 1906. 



state highway 
serial bond. 



Chap 



Appropria- 
tions. 



Annuities to 
soldiers, etc. 



Pensions. 



54 An Act making appropriations for the payment of an- 
nuities AND pensions TO SOLDIERS AND OTHERS. 

Be it enacted, etc., as follows: 

Section 1. The sums hereinafter mentioned are appro- 
priated, to be paid out of the treasury of the Commonwealth 
from the ordinary revenue, for the payment of annuities 
and pensions due from the Commonwealth to soldiers and 
others during the eleven months ending on the thirtieth 
day of jSTovember, nineteen hundred and six, to wit : — 

For annuities to soldiers and others, as authorized by 
the general court, the sum of fifty-one hundred and forty- 
six dollars. 

For pensions authorized by the general court, the sum 
of five hundred and twenty dollars. 

Section 2. This act shall take effect upon its passage. 

Approved February S, 1906. 



Chap. 55 An Act making appropriations for the expenses of the 

STATE BOARD OF INSANITY. 



Be it enacted, etc., as follows: 

Section 1. The sums hereinafter mentioned are appro- 
priated, to be paid out of the treasury of the Commonwealth 
from the ordinary revenue, for the state board of insanity, 
for the eleven months ending on the thirtieth day of Xo- 
vember, nineteen hundred and six, to wit : — 

For travelling, office and contingent ex}3enses of the 
board, a sum not exceeding four thousand dollars. 
Annual report. YoY the printing and l^inding of the annual report, a 
sum not exceeding eight hundred and fifty dollars. 

For the salaries of officers and employees, a sum not 
exceeding nineteen thousand eight hundred fifty dollars 
and forty-one cents. 



Appropria- 
tions. 



State board of 

insanity, 

expenses. 



Officers and 
employees. 



Acts, 1906. — Chap. 5Q. 39 

For transportation and medical examination of state Transporta- 
panpers nnder the charge of the board, a snm not exceed- state paupers, 
ing eighty-two hnndred and fifty dolhirs. 

For the support of insane paupers boarded out in f ami- eemTn'insane 
lies, under the charge of the board, or temporarily absent paupers, 
under authority of the same, a sum not exceeding thirty- 
two thousand eighty-three dollars and thirty-three cents. 

For the board of insane persons in the Boston insane Board of 
hospital, a sum not exceeding one hundred thousand three in i?oston ui- 
hundred and seventy-five dollars. sane hospital. 

For the support of state pauj^ers in the Hospital Cot- ^r^tahTstk^te 
tages for Children, a sum not exceeding sixty-eight hun- paupers, 
dred and seventy-five dollars. 

For expenses in connection with the support of certain support of 
feeble-minded j^ersons and children having settlement in minded 
certain small towns, a sum not exceeding thirteen hun- p®''^'^^^' 
dred and seventy-five dollars. 

Section 2. This act shall take effect upon its passage. 

Approved February 8, 190G. 

Ax Act making appropriations for salaries and expenses Chap. 56 

IN THE DEPARTMENT OF THE STATE BOARD OF CHARITY, AND 
FOR SUNDRY CHARITABLE EXPENSES. 

Be it enacted, etc., as follows: 

Section" 1, The sums hereinafter mentioned are appro- Appropria- 
priated, to be paid out of the treasury of the Commonwealth 
from the ordinary revenue, for the purposes specified, for 
the eleven months ending on the thirtieth day of Novem- 
ber, nineteen hundred and six, to wit : — 



state BOARD OF CHARITY. 

For expenses of the state board of charity, including state board of 
travelliug and other necessary expenses of members, and expenses, 
salaries and expenses in the board's central office, a sum 
not exceeding seventy-three hundred and thirty-five dol- 
lars. 

For salaries and expenses in the division of state adult Aduitpoor. 
poor, a sum not exceeding thirty-eight thousand one hun- 
dred dollars. 

For salaries and expenses in the division of state minor Minor wards, 
wards, a sum not exceeding forty-two thousand five hun- 
dred dollars. 



tlons. 



40 



Acts, 1906. — Chap. 56. 



Auxiliary 
visitors. 



For travelling and other necessary expenses of the auxil- 
iary visitors of the state board of charity, a sum not ex- 
ceeding twelve hundred dollars. 



Transporta- 
tion of state 
paupers. 



Indigent and 
neglected 
cliildren, etc. 



Dangerous 
diseases. 



Tuition of 
certain 
children, etc. 



Sick state 
paupers. 



Burial of state 
paupers. 



Temporary 
aid. 



Unsettled 

pauper 

infants. 



Annual report. 



MISCELLAiS'EOUS CHAEITABLE. 

For transportation of state paupers, under charge of the 
state board of charity, including transportation of prison- 
ers released on probation from the state farm, and travel- 
ling and other expenses of probation visitors, a sum not 
exceeding eleven thousand four hundred and sixty dollars. 

For the care and maintenance of indigent and neglected 
children and juvenile offenders, for the present year and 
for previous years, to include exjienses in connection with 
the same, a sum not exceeding two hundred ten thousand 
eight hundred and thirty-five dollars. 

For expenses in connection with smallpox and other dis- 
eases dangerous to the public health, for the present year 
and for previous years, a sum not exceeding twenty-two 
thousand nine hundred and fifteen dollars. 

For tuition in the public schools in any city or to\^Ti in 
the Commonwealth, including transportation to and from 
such schools, of children boarded or bound out by the state 
board of charity, for the present year and for previous 
years, a sum not exceeding twenty-six thousand dollars. 

For the support of sick state paupers by cities and 
towns, for the present year and for previous years, the 
same to include cases of wife settlement, a sum not ex- 
ceeding fifty-five thousand dollars. 

For the burial of state paupers by cities and towns, for 
the present year and for previous years, a sum not exceed- 
ing sixty-eight hundred and seventy-five dollars. 

For temporary aid rendered by cities and towns to state 
paupers and shipwrecked seamen, for the present year and 
for previous years, a sum not exceeding thirty-four thou- 
sand eight hundred and thirty-five dollars. 

For the support and transportation of unsettled pauper 
infants in this Commonwealth, including infants in in- 
fant asylums, a sum not exceeding fifty-seven thousand 
seven hundred and fifty dollars. 

For the printing and binding of the annual report of 
the state board of charity, a sum not exceeding nineteen 
hundred dollars. 

Section 2. This act shall take effect upon its passage. 

Approved Fehruary S, 1906. 



Acts, 1906. — Chaps. 57, 5S, 59. 41 



An Act making an appropriation for a deficiency in the QJi^p^ 57 

APPROPRIATIONS FOR THE SUPPORT OF PAUPER INFANTS DUR- 
ING THE YEAR NINETEEN HUNDRED AND FIVE. 

Be it enacted, etc., as follows: 

Section 1. The sum of thirty-one hundred eighty-two support 
dollars and one cent is hereby appropriated, to be paid infants. 
out of the treasury of the Commonwealth from the ordi- 
nary revenue, to meet expenses in the year nineteen him- 
dred and five, in connection with the support of pauper 
infants, in excess of the appropriations therefor. 

Section 2. This act shall take effect upon its passage. 

Approved February 8, 1906. 

An Act to authorize the town op swampscott to pay a (JJidp^ 58 

SUM OF MONEY TO AMOS O. CAHOON. 

Be it enacted, etc., as folloics: 

Section 1. The town of Swampscott is hereby author- Town of 
ized to pay to Amos O. Gaboon, for damages sustained niay"paya"um 
by the taking for park purposes, of property belonging to AmlToV^ 
him, in the year eighteen hundred and ninety-six, the sum cahoon. 
of seven hundred and sixty-four dollars, or such other 
sum, not exceeding that amount, as may be necessary to 
pay the claim of said Cahoon, together with interest from 
the date of such taking. 

Section 2. This act shall be submitted to the voters of ^£**'*='^^ 
the town of Swampscott at an annual town meeting, and 
shall take effect upon its acceptance by a majority of the 
voters voting thereon. Approved February 8, 1906. 

An Act relative to the compensation of the judges of QJiap. 59 
probate and insolvency. 

Be it enacted, etc., as follows: 

Section 1. Any judge of probate and insolvency who compensation 
assists another judge in the performance of his duties may prolmtefltc., 
receive compensation from him, if not entitled to receive cas^es!'^^''^ 
it from the Commonwealth. 

Section 2. This act shall take effect upon its passage. 

Approved February 9, 1906. 



42 



Acts, 1906. 



Chap. 60. 



Chap. 60 -^^ ^CT MAKIXG APPROPRIATIONS FOR SALARIES AND EXPENSES 
IN THE OFFICE OF THE STATE BOARD OF AGRICULTURE, AND 
FOR SUNDRY AGRICULTURAL EXPENSES. 

Be it enacted, etc., as follows: 

Section 1. The sums hereinafter mentioned are appro- 
priated, to be paid ont of the treasury of the Commonwealth 
from the ordinary revenue, for the purposes specitied, for 
the eleven months ending on the thirtieth day of Xovem- 
ber, nineteen hundred and six, to wit : — 

For the salary of the secretary of the state board of 
agriculture and executive officer of the state dairy bureau, 
twenty-seven hundred and fifty dollars. 

For the salarv^ of the first clerk of the secretary of the 
state board of agriculture, sixteen hundred and fifty dollars. 

For the salary of the second clerk of the secretary of 
the state board of agriculture, twelve hundred eighty-three 
dollars and thirty-three cents. 

For other clerical assistance in the office of the secre- 
tary of the state board of agriculture, and for lectures be- 
fore the board at its annual and other meetings, a sum 
not exceeding one hundred dollars. 

For the printing and binding of the annual report of 
the state board of agriculture, a sum not exceeding fifty- 
eight hundred dollars. 

For travelling and other necessary ex|3enses of the mem- 
bers of the state board of agriculture, a sum not exceed- 
ing twelve hundred dollars. 

For incidental and contingent expenses of the state 
board of agriculture, including printing and distributing 
extracts of trespass laws, a sum not exceeding nine hun- 
dred dollars. 

For travelling and other necessary expenses of the secre- 
tary of the state board of agriculture, a sum not exceeding 
four hundred and fifty dollars. 

For disseminating useful information in agriculture by 
means of lectures at farmers' institutes, a sum not exceed- 
ing twenty-seven hundred and fifty dollars. 

For bounties to agricultural societies, a sum not exceed- 
ing eighteen thousand six hundred dollars. 

For the salary of the general agent of the dairy bureau, 
twelve hundred eighty-three dollars and thirty-three cents. 

For the payment of assistants, experts, chemists and 
agents, and for other necessary expenses of the state dairy 



Appropria- 
tion B. 



Secretary of 
state board of 
agriculture, 
etc. 

First clerk. 



Second clerk. 



Clerical 
assistance. 



Annual report. 



Travelling 
expenses, etc. 



Incidental 
expenses, etc. 



Expenses of 
secretary. 



Farmers' 
institutes. 



Bounties. 



Agent of dairy 
bureau. 



Experts, 
chemists, etc. 



Acts, 1906. — Chai\ 61. 43 

bureau, to include the printing of the annual report, a sum 
not exceeding sixty-four hundred sixteen dollars and sixty- 
six cents. 

For the compensation and expenses of state nursery in- Xursery 
spectors, a sum not exceeding one thousand dollars. mbpectors. 

CATTLE BUEEAU. 

For the salary of the chief of the cattle bureau, sixteen chief of cattle 
hundred and fifty dollars. 

For the salary of the clerk of the chief of the cattle cierk. 
bureau, eleven hundred dollars. 

For travelling and other necessary expenses of the chief Expenses, 
of the cattle bureau, including extra clerks and stenog- 
raphers, stationery, and the printing and binding of the 
annual report, a sum not exceeding thirty-six hundred 
sixty-six dollars and sixty-six cents. 

For the compensation of inspectors of animals, a sum inspectors of 
not exceeding sixty-eight hundred and seventy-five dollars. 



STATE FOKESTEE. 

For the salary of the state forester, eighteen hundred state forester, 
thirty-three dollars and thirty-three cents. 

For clerical assistance to, and incidental and contingent clerical 
expenses of, the state forester, a sum not exceeding forty- 
five hundred eighty-three dollars and thirty-three cents. 

Section 2. This act shall take effect upon its passage. 

Approved February 10, 1906. 

An Act making appropriations for salaries and expenses (JJian 61 

AT THE MASSACHUSETTS REFORMATORY. ^ 

Be it enacted, etc., as follows: 

Section 1. The sums hereinafter mentioned are appro- Appropria. 
priated, to be paid out of the treasury of the Commonwealth Ma°lachusetts 
from the ordinary revenue, for the Massachusetts reforma- reformatory, 
tory, for the eleven months ending on the thirtieth day of 
Xovember, nineteen hundred and six, to wit: — 

For the salaries of officers, a sum not exceeding seventy- salaries of 
six thousand four hundred and fifty dollars. otucers. 

For the salaries and waa-es of instructors, teachers and instructors, 
other employees, a sum not exceeding twenty-three thou- 
sand eiffht hundred and thirtv-three dollars. 



44 Acts, 1900. — Chaps. 62, 63. 

Expenses. -p^^ Other curreiit expenses, a sum not exceeding ninety- 

nine thousand three hundred and seventy dollars. 

Section 2. This act shall take effect upon its passage. 

Approved Fehruary 10, 190G. 

Chap. 62 Ax Act makixg ax appropriatiox for a deficiexcy ix 

THE APPROPRIATIOX OF THE YEAR XIXETEEX HUXDRED AXD 
FIVE FOR THE EXTERMIXATIOX OF COXTAGIOUS DISEASES 
AMOXG HORSES, CATTLE AXD OTHER AXIMALS. 

Be it enacted, etc., as follows: 

ofcontogiou8° Sectiox 1. The sum of eleven thousand five hundred 
diseases sixtv dollars and twentv-four cents is hereby appropri- 

animals. atcd, to be paid out of the treasury of the Commonwealth 

from the ordinary revenue, to meet certain expenses in 
the year nineteen hundred and five in connection with the 
extermination of contagious diseases among horses, cattle 
and other animals. 

Section 2. This act shall take effect upon its passage. 

Approved February 10, 190G. 

Chap. 63 Ax Act relative to the establishmext of fire depart- 

MEXTS IX SMALL TOWXS. 

Be it enacted, etc., as follows: 

R. L.32.J49, Section 1. Section forty-nine of chapter thirtv-two of 
the Revised Laws is hereby amended by inserting after 
the word "' inhabitants ", in the second line, the words : — 
or not less than five hundred inhabitants in to^^^^s the 
population of which does not exceed two thousand, — so 
Fire depart- as to read as follows : — Section ^9. Fire departments 
tow'ns.^'^ ^""*^^ ii^ay be established in districts which contain not less than 
one thousand inhabitants, or not less than five hundred in- 
habitants in towns the population of which does not exceed 
two thousand; and the officers thereof shall have charge 
of and be responsible for the apparatus for the extinguish- 
ment of fire therein, in the same manner as firewards and 
enginemen of to'\\nis. 

Section 2. This act shall take effect upon its passage. 

Approved February 12, 1906. 



Acts, 1906. — Chaps. 64, 65, 66. 4:5 



An Act eelative to the Massachusetts hospital for QJi^i^ (34 

EPILEPTICS LOAN. ^' 

Be it enacted, etc., as follows: 

Section 1. Chapter four hundred and forty-foiir of ame'nded. 
the acts of the year nineteen hundred and five is hereby 
amended by adding the following section : — Section 3. Hor'itai"ftfr'^ 
The treasurer and receiver general is hereby authorized, Epileptics 
with the approval of the governor and council, to desig- 
nate seventy-five thousand dollars of the amount author- 
ized b}^ this act as Massachusetts Hospital for Epileptics 
Loan, instead of Prisons and Hospitals Loan. 

Section 2. This act shall take effect upon its passage. 

Approved February 12, 1906. 

An Act to authorize the president and trustees or QJi^jj 65 

WILLIAMS COLLEGE TO HOLD ADDITIONAL REAL AND PER- ^ ' 

SONAL PROPERTY. 

Be it enacted, etc., as follows: 

Section 1. The proviso at the end of section four of a'^fje'^jj^^ 
the act establishing Williams College, passed on the twenty- 
fourth day of June in the year seventeen hundred and 
ninety-three, as amended by chapter thirty-nine of the acts 
of the year eighteen hundred and eighty-three, is hereby 
further amended by striking out the words " two hundred 
thousand ", in the last line of the proviso, and inserting 
in place thereof the Avords : — one million, — so that the 
proviso will read as follows: — Provided, nevertheless, wimamsCoi- 
that the clear annual income of the same shall not exceed a'ffditionai ^ 
one million dollars. estate. 

Section 2. This act shall take effect ujx)n its passage. 

Approved February 12, 1906. 

An Act to authorize the commissioners of savings (JJian 66 

BANKS to proceed AGAINST ANY FOREIGN BANKING ASSO- ' 

CIATION OR CORPORATION WHEN INSOLVENT OR IN A HAZ- 
ARDOUS CONDITION. 

Be it enacted, etc., as follows: 

Section 1. The provisions of section six of chapter certain provi- 
one hundred and thirteen of the Revised Laws shall apply apply °o for. ^'^ 



46 



Acts, 1906. — Chaps. 67, 68. 



?=?^Ji'^'^^!.^^ to any foreisii banking association or corporation located 
etc. in this Commonwealth. 

Section 2. This act shall take effect upon its passage. 

Approved Fehrnary 12, 190G. 



R. L. 2-2, § 12, 
amended. 



Chap. 67 -^^"^ -^CT TO AUTHORIZE REGISTERS OF DEEDS TO ATTEST UN- 
ATTESTED RECORDS. 

Be it enacted, etc., as follows: 

Section 1. Section twelve of chapter twentr-two of 
the Revised Laws is hereby amended bv inserting before 
the word " shall ", in the sixth line, the words : — any 
register, — and by inserting after the word " unattested ", 
in the seventh line, the words : — by any former register, 
New register — so as to read as follows : — Section 12. If a register 

to record deeds ,. . t -c ^ • , crv • I'^ii 

unrecorded by dics, IS removed or II his term oi oince expires, and deeds 
BoVetc.^^^^ or other instruments entered in his office are unrecorded, 
or records are unattested, or deeds or other instruments 
are recorded but unattested, his successor shall record and 
attest such unrecorded deeds or instruments conformably 
to the entry thereof, and any register shall attest such 
records, deeds and other instruments remaining unattested 
by any former register, agreeably to the facts and in con- 
formity with the records and books of entry in the office. 
Section" 2. This act shall take effect xxpon its passage. 

Approved February IS, 1906. 



Char). 68 An Act making appropriations for deficiencies in the 

APPROPRIATIONS FOR SUNDRY INSTITUTIONS FOR THE TEAR 
NINETEEN HUNDRED AND FIVE. 

Be it enacted, etc., as foUoirs: 

Section 1. The sums hereinafter mentioned are appro- 
priated, to be paid out of the treasury of the Commonwealth 
from the ordinary revenue, for certain expenses in excess 
of the appropriations therefor in the year nineteen hun- 
dred and five, to wit: — 

For tlie Massachusetts hospital for epileptics, the sum 
of thirty-four hundred forty-eight dollars and eighty-nine 
cents. 

For the Massachusetts Scliool for the Feeble-Minded, 



Appropria- 
tions. 



Massaclnisetts 
hospital for 
epileptics. 



Massachusetts 
School for the 
Feeble- 
Minded. 



the sum of sixty-three hundred seventy-eight dollars and 
twentv-four cents. 



Acts, 1906.— Chap. 69. 47 

For tlie Massachusetts state sanatorium, the sum of Stauato"^ 
twenty-four hundred twenty-three dollars and eighty-six "ii'»- 
cents. 

For the Medfield insane asylum, the sum of twenty-five Medflewin- 
thousand seven hundred thirty-six dollars and seventeen ^^"'^'^*^^™- 
cents. 

For the Taunton insane hospital, the sum of thirty-one Taunton in- 
thousand nine hundred ninety dollars and fifty-five cents. 

For the Worcester insane hospital, the sum of eighteen Worcester in- 
thousand nine hundred ninety dollars and fifty-two cents. 

Section 2. This act shall take effect upon its passage. 

Approved February 13, 1906. 

An- Act to authorize the towx of falmouth to borrow QJiQ/p, 69 

MOXEY FOE THE IMPROVEMENT OF DEACON's POND. ^' 

Be it enacted, etc., as follows: 

Section 1. For the purpose of improving Deacon's Town of 

-, , ^^._-,. ^, ^1. • Falmouth may 

Pond, so-called, in the to^\^l oi i^ aimoutn, said town is borrow money 
hereby authorized to borrow, within its statutory debt Deacon^s^'' 
limit, money to an amount not exceeding ten thousand Po°**>et«- 
dollars, and to issue negotiable bonds, notes or scrip there- 
for, payable in periods not exceeding ten years from the 
date of issue. Such bonds, notes or scrip shall be denomi- 
nated on the face thereof, Falmouth Pond Improvement 
Loan, Act of 1906, shall bear interest payable semi-annu- 
ally at a rate not exceeding four per cent per annum, and 
shall be signed by the treasurer of the town and counter- 
signed by the selectmen. Said town may sell such securi- 
ties at public or private sale or pledge the same for money 
borrowed for the purix)ses of this act, upon such terms 
and conditions as it may deem proper: provided, that such Proviso, 
securities shall not be sold or pledged for less than the par 
value thereof. Said town shall at the time of authorizing payment of 
said loan provide for the pa\anent thereof in such annual °^^' 
proportionate payments as will extinguish the same within 
the time prescribed by this act; and when the vote to that 
effect has been passed the amount required therefor shall 
without further vote be assessed by the assessors of said 
town in each year thereafter until the debt incurred by 
the said io^vn shall be extinguished, in the same manner 
in which other taxes are assessed under the provisions of 
section thirty-seven of chapter twelve of the Revised Laws. 
Except as otherwise provided herein the provisions of chap- 



48 Acts, 1906. — Chaps. 70, 71. 

ter twenty-seven of the Revised Laws and acts in amend- 
ment thereof and in addition thereto shall apply to the 
indebtedness herein and to the securities issued therefor, 
isemfbonds*' Sectiox 2. Xo bonds shall be issued under the au- 

sumiKisl^eif thoritv of this act until there has been appropriated from 
irom^heTreas- ^^^® trcasurv of the Commonwealth the sum of twenty-five 
uryofthecom- thousaud dollars, to be used for the improvement of said 
Deacon s Pond, which improvement shall be made under 
the direction of the board of harbor and land commission- 
ers, and the money authorized by this act to be borrowed 
shall be expended by said board. 

Section 3. This act shall take effect upon its passage. 

Approved Fehruary llf, 1906. 

Chap. 70 Ax Act to authorize the sprixgfield ixstitctiox for 

SAVIXGS TO HOLD ADDITIOXAL REAL ESTATE. 

Be it enacted, etc., as follows: 

fleidlnsttui". Section 1, The Springfield Institution for Savings, 

iris's ^nuiv^hoid incorporated by an act passed in the year eighteen hun- 

additionai drcd and twenty-seven, is authorized to purchase and hold 

real estate in the city of Springfield to the amoinit of two 

hundred thousand dollars, in addition to the amount now 

authorized by law. 

Section 2. This act shall take effect uix)n its passage. 

Approved February IJ^, 1006. 

Chap. 71 An Act to authorize the Worcester county institution 

FOR SAVINGS TO HOLD ADDITIONAL REAL ESTATE IN THE 
CITY OF WORCESTER. 

Be it enacted, etc., as follows: 
lll^jllf^'' Section 1. The Worcester County Institution for Sav- 
in"° m*a^ hold ^^S^? incorporated by chapter fifty of the acts of the year 
additional eio;hteen hundred and twentv-seven, approved on the eifi'lith 
day of February, eighteen hundred and twenty-eight, is 
hereby authorized to invest a sum not exceeding two hun- 
dred and fifty thousand dollars of its deposits in the pur- 
chase of real estate in the city of Worcester, and the 
erection and preparation of a suitable building thereon, 
for the purposes stated in the eighth clause of section 
twenty-six of chapter one hundred and thirteen of the 
Revised Laws. 

Section 2. This act shall take effect upon its passage. 

Approved Fehruary 16, 1906. 



Acts, 190(3. — Chap. 72. 49 



An Act to provide for the appointment of an inspector (Jfiart, 72 

OF PROVISIONS, MILK, BUTTER, CHEESE AND VINEGAR FOR 
THE CITY OP SALEM. 

Be, it enacted, etc., as follows: 

Section 1. The board of health of the city of Salem Appoiutment 

11 ,i'i, ■ 1 • .J- •• of an insiiector 

IS here hv authorized to apix)iiit an inspector oi provisions, of provisions, 
who shall also be the inspector of milk, butter, cheese and city of sailm. 
vinegar in that city. Upon the passage of this act such in- 
spector shall be apix)inted to serve from the date of his ap- 
jwintnient until the first Monday of February in the year 
nineteen hundred and seven ; and after the current year he 
shall be appointed by said board annually in the month of 
January to serve for the term of one year beginning with 
the first Monday of February in the year of his appoint- 
ment, and until his successor is appointed and qualified ; 
but he may be removed by said board after a hearing of 
which he shall have at least forty hours' w^ritten notice, 
with a statement of the reasons for the contemplated re- 
moval. At the hearing he shall have the right to be pres- 
ent and to be represented by counsel. Any vacancy in the Filliu^'of 
said office shall be filled by appointment as aforesaid for ^*^^''^"*^^- 
the unexpired term. The said insj^ector shall be sworn 
before entering upon his duties. He shall have the powers Powers and 
conferred and ])erforni the duties imposed by law upon in- 
spectors of milk, butter, cheese and vinegar in said city, 
and upon the inspectors of provisions therein, including 
all the ix)wers conferred and duties imposed upon the 
board of health of said city by sections seventy, seventy- 
one, seventy-five and seventy-six of chapter fifty-six of the 
Revised Laws, and he shall }>erform such other duties as 
said board may assign to him. The provisions of section Certain Provi- 
seventy-two of said chapter regarding the preventing, ob- apply, 
structing or interfering with the board of health in its 
duties shall, in said city, be held to apply to the prevent- 
ing, obstructing or interfering with the said inspector of 
pro^asions in the performance of his duties. Said inspector 
shall receive such compensation as the city council of the 
city may determine. 

Section 2. This act shall take effect ujwn its passage. 

Approved February 10, 1906. 



50 



Acts, 1906. — Chaps. 



<o. 



74. 



E. L. 146, § 18, 
amended. 



Chap. 73 Ax Act relative to sales of real estate by executors 

AXD ADMIXISTRATORS. 

Be it enacted, etc., as folloirs: 

Section 1. Section eighteen of chapter one hundred 
and forty-six of the Revised Laws, as amended by section 
one of chapter two hundred and seventeen of the acts of 
the year nineteen hundred and four, is hereby further 
amended by inserting after the word " administrator ", in 
the third line, the words : — administrator with the will 
annexed, or executor unless the will otherwise provides, 
— by striking out the word " intestate ", in the sixth line, 
and inserting in place thereof the word : — deceased, — 
and by inserting after the word " administrator's ", in the 
twelfth line, the words : — or executor's, — so as to read 
as follows: — Section IS. The probate court may, upon 
adnunVstrator, the petition of au administrator, administrator with the 
will annexed, or executor unless the will otherwise pro- 
vides, with the consent of all parties interested or after 
notice, license him to sell the real property or any un- 
divided interest therein belonging to the estate of the de- 
ceased in such manner and upon such notice as the court 
orders, for the purpose of distribution ; and the net pro- 
ceeds of such sale, after deducting the expenses thereof 
and such amount as may be required for the payment of 
debts in consequence of a deficiency in the personal prop- 
erty, shall, after two years from the time of the filing of 
the administrator's or executor's bond, be distributed to 
the persons who would have been entitled to said real pro}> 
erty and in the proportions to which they would have been 
entitled had it not been sold. 

Section 2. This act shall take effect upon its passage. 

Approved Fehniary 16, 1906. 



Sale of real 
property by 



etc., for 
distribution. 



Chap. 74 Ax' Act to authorize the chicopee gas light compaxy 

TO DO BUSINESS IN THE TOWN OF SOUTH HADLEY. 



Tlie Chicopee 
Gas Lieht 



Be it enacted, etc., as follows: 

Section 1. The Chicopee Gas Light Company is 

do busimJsT'lu hereby authorized, upon the approval of the selectmen of 

soutii Hadiey. ^\^q ^^^y^ of Soutli Iladley and of the board of gas and 

electric light commissioners, to carry on the business of 



Acts, 1906. — Chaps. 75, 76. 51 

furnishing gas for heat, light and power, in the said town ; 
with the rights, powers and privileges and subject to the 
duties, liabilities and restrictions set forth in all general 
laws now or hereafter in force relating to such corpora- 
tions. 

Section 2. This act shall take effect upon its passage. 

Approved Fehnianj 16, 190G. 

An Act to authorize the north adams gas light com- (JJiQp^ 75 

PANY TO DO BUSINESS IN THE TOWNS OF MONROE, FLORIDA 
AND SAVOY. 

Be it enacted, etc., as follows: 

Section 1. The [N^orth Adams Gas Light Company is The North 
hereby authorized to carry on the business of furnishing Lightcom^ 
electricity for heat, light and power in the towns of Mon- {nig^iessm'^^ 
roe, Florida and Savoy: provided, that before carrying on certaiu towns, 
the said business in any of the said towns it shall obtain 
the consent thereto of the selectmen of that town. PiDr the 
above purposes the said company shall have the rights, 
powers and privileges and shall be subject to the duties 
and liabilities set forth in all general laws now or here- 
after in force applicable to such corporations. 

Section 2. This act shall take effect upon its passage. 

Approved Fehritanj 16, 1906. 



An x\ct to extend the terms of office of registers of njjff^j ra 

DEEDS. ^ ' 

Be it enacted, etc., as follows: 

Section three hundred and twenty of chapter eleven of jf^g^Jg^^ ^-^' 
the Revised Laws is hereby amended by striking out the 
word " three ", in the second line, and inserting in place 
thereof the word : — six, — and by striking out the word 
" third ", in the same line, and inserting in place thereof 
the word : — fifth, — so as to read as follows : — Section Terms of office 
320. At the annual state election in the year nineteen deeds? 
hundred and six, and in every fifth year thereafter, a 
register of deeds shall be chosen by the voters of each dis- 
trict for the registry of deeds, and of each county not 
divided into districts. Approved February 16, 1906. 



52 



Acts, 1906. — Chap. 77. 



Chap. 77 Ax Act to readjust a part of the boundary line be- 
tween THE TOWN OF BELMONT AND THE CITY OF CAM- 
BRIDGE. 



Boundary line 
between Cam- 
bridge and 
Belmont 
readjusted. 



Be it enacted, etc., as folloivs: 

Section 1. The boundary line between the city of 
Cambridge and the town of Belmont is hereby changed 
and established as follows : — Beginning at a point in the 
present boundary line between Belmont and Cambridge, 
said jx)int being in the southwesterly line of Huron avenue 
near the entrance to the Belmont cemetery and distant 
southeasterly eighty-four and forty-five one hundredths 
feet from the stone monument numbered five in said 
boundary line ; thence turning a right angle to said bound- 
ary line and bearing northeasterly forty-one and twenty- 
five one hundredths feet across said Huron avenue to a 
point in the fence line on the easterly side of said avenue; 
thence by the said easterly side of Huron avenue north- 
westerly fourteen feet to a jwint; thence on a curve of 
seventy-nine and four one hundredths feet radius, bearing 
to the right by said fence line seventy-five and sixty-four 
one hundredths feet to a point ; thence tangent to the 
curve thirty-three and fifteen one hundredths feet to a 
point ; thence on a curve of four hundred eighty-nine and 
seventy-seven one hundredths feet radius, bearing to the 
left by said fence line one hundred and seventy-eight feet 
to a jx)int ; thence still by said fence line and tangent to 
said curve northerly one hundred forty-six and seventy-six 
one hundredths feet to an angle ]X)int; thence, deflect- 
ing to the right two degrees fifty-six minutes thirty sec- 
onds, thirteen hundred twenty-four and seven tenths feet 
by a right line, in part by said fence line and in part 
across said Huron avenue near its junction with "Washing- 
ton street, to a point in the northerly line of Huron 
avenue, said point being distant easterly forty-two and 
seventy-five one hundredths feet from the stone monument 
numbered four on the present boundary line bet\veen Bel- 
mont and Cambridge. Said new boundary line is shown 
by a red line upon a plan drawn by F. H. Kendall, En- 
gineer, dated January twenty-nine, nineteen hundred and 
six, entitled " Plan of proposed Change of Boundary Line 
between the City of Cambridge and the To-wn of Bel- 
mont ", on file in the ofiiee of the secretary of the Com- 
monwealth, and a copy of tlie same shall be filed by the 



Acts, 1906. — Chap. 77. 53 

said to^vn in the registry of deeds for the southern district 
of the conntv of Middlesex within thirty days after the 
passage of this act. All that part of the city of Cambridge 
between the lines above described and the present bound- 
ary line between said city and said toTVTi is hereby set off 
from the city of Cambridge and annexed to the town of 
Belmont. 

Skctiox 2. For the purpose of preserving the purity Preservation 
of the waters of Fresh pond the town of Belmont shall oiwaters"of 
provide adequate and sufficient means for disposing of the '^^^i'*^" ■ 
surface water accumulating in that part of Huron avenue 
hereby annexed to said town, by means of catch basins 
and drain pipes substantially in the position and of the 
form and structure shown on the plan mentioned in sec- 
tion one of this act, and the work of building such catch 
basins and placing such drain pipes shall be performed in 
a manner satisfactory to the city engineer of the city of 
Cambridge. The said town may from time to time alter Grade may be 
the grade of that part of Huron avenue hereto annexed 
according to the grade line shown on said plan, or accord- 
ing to such other grade line as may be agreed upon be- 
tween the selectmen of the town of Belmont and the water 
board of the city of Cambridge. 

Section 3. The territory between the former boundary certain terri- 
between said Belmont and Cambridge and the line hereby a public way, 
established shall be and remain a public way, and the city 
of Cambridge shall have the right in common with tne 
town of Belmont, so far as may reasonably be necessary 
for the comfort, convenience or health of the inhabitants 
of the said city, to lay and maintain sewer, drain and 
water pii')es, in and along said way, and to place and main- 
tain in said way poles and wires for electric lighting; 
but the way shall be restored by the city of Cambridge, 
whenever disturbed by said city for any of the purposes 
aforesaid, to a condition as good as that in which it was 
before being so disturbed, as expeditiously as may be prac- 
ticable and with as little hindrance as possible to public 
travel. 

Section 4. The cost and expense incurred in establish- Payment of 
ing the lines hereby defined, and in erecting suitable Tithing Ifew ' 
monuments at the angles thereof, also all expenses of grad- '''*^^- 
ing and resurfacing, and all expense and cost thereby 
caused to and upon the abutting land of the city of Cam- 
bridge shall be paid by the town of Belmont, and the work 



54 



Acts, 190G, — Chap. 78. 



relating thereto shall be done in a manner satisfactory to 
the water board of said city and as shown on said plan. 
Section 5. This act shall take effect upon its passage. 

Approved February 16, 1906. 



Chap. 



ABSCBsnient of 
betterments 
for construc- 
tion of sewer, 
etc., in Hyde 
Park. 



Provisos. 



Proceedings 
when new 
assessment is 
made. 



78 Ax Act relative to assessment of bettermexts for the 

CONSTRUCTION OF SEWERS AND DRAINS IN THE TOWN OF 
HYDE PARK. 

Be it enacted, etc., as follows: 

Section 1. The selectmen of the town of Hyde Park 
within one year after the date of the passage of this act 
may determine the value of the benefit or advantage to 
every parcel of real estate in said town beyond the general 
advantage to all real estate therein from the construction 
within six years before said date of sewers and sewerage 
works, or for the doing of any other work authorized by 
the provisions of chapter two hundred and eighty-seven of 
the acts of the year eighteen hundred and ninety-six, and 
may assess on every such parcel a proportional share of 
such part, not exceeding one half, as the board shall deem 
just, of the ex]5enses incurred by the town for the im- 
provements aforesaid: provided, however, that no assess- 
ment on any parcel of real estate shall exceed the value 
of said benefit for that parcel, and that no parcel of real 
estate for which any assessment on account of any such 
improvement shall have been paid and not recovered back 
shall be subject to the payment of another assessment for 
that improvement; and provided, further, that no land 
within any location of a railroad company shall be sub- 
ject to such assessment. If said selectmen shall make, 
under the provisions of this act, a new assessment for any 
such improvement, any j^erson on whose real estate a prior 
assessment on account of such improvement has been made 
and has not been wholly paid, or has been paid under pro- 
test and a suit, brought within three months after the pay- 
ment for recovery thereof, be pending, may file with the 
selectmen an application for a revision of the prior assess- 
ment, and the selectmen shall, if necessary to make the 
prior assessment conform to the new assessment, revise 
and reduce the amount thereof, and give a certificate for 
payment of any part of a prior assessment paid under 
protest, or remit any unpaid excess of a prior assessment 
over the amount of the new assessment; and the town 



Acts, 1906. — Chap. 79. 55 

treasurer shall repay any amount authorized by the cer- 
tificate from the appropriation from which said expenses 
were paid. 

Section 2. The provisions of said chapter two hun- certain nroTi- 
dred and eighty-seven, so far as they are applicable and apply!* **^ 
not inconsistent herewith, shall apply to assessments made 
under this act or made before its passage ; but petitions 
under said act on account of assessments made before the 
passage of this act may be filed only within one year after 
the passage of this act. 

Section 3. l^o assessment shall hereafter be made, AssessmentB 

• ,i 1 0.1 • • j; J.1 • i. 1 j.i_ not to be made 

either under the provisions oi this act or under the pro- upon land 
visions of chapter two hundred and eighty-seven of the bedrained°etc. 
acts of the year eighteen hundred and ninety-six, upon 
any land which, by reason of its grade or level, or any 
other cause, cannot be drained into a sewer already con- 
structed, until such incapacity is removed, and in no case 
shall an assessment be made, under the provisions of this 
act or under the provisions of said chapter two hundred 
and eighty-seven, that exceeds the special benefit received 
by the estate assessed. 

Section 4. This act shall take effect upon its passage. 

Approved Fehruary 17, 1906. 

An Act to authorize the city of brockton to incur QJidrf 79 

INDEBTEDNESS FOR SEWERAGE PURPOSES. ^' 

Be it enacted, etc., as follows: 

Section 1. The city of Brockton, for the purposes Brockton 
specified in chapter two hundred and forty-seven of the Loln^woe. 
acts of the year eighteen hundred and ninety-two, may 
incur indebtedness outside its statutory debt limit, to an 
amount not exceeding one hundred thousand dollars, and 
may, from time to time, issue bonds, notes or scrip there- 
for, to be denominated on the face thereof, Brockton Sew- 
erage Loan, 1906, signied by the mayor and city treasurer, 
and bearing such rate of interest, not exceeding four per 
cent iDcr annum, as the city council may determine. The Annual pro- 
city shall provide for the payment of such indebtedness paymem^ 
by such annual proportionate payments as will extinguish 
the debt at maturity. The sinking fund of any loan of 
the city may be invested therein. 

Section 2. Except as otherwise provided herein the r. l. 27, etc., 
provisions of chapter twenty-seven of the Revised Laws ^^ "^'^ ^' 



5Q 



Acts, 1906. — Chaps. 80, 81. 



Brockton 
Water Loan, 
Act of 1906. 



and all acts in amendment thereof and in addition thereto 
shall, so far as thej may be applicable, apply to the in- 
debtedness hereby authorized and to the securities issued 
therefor. 

Section 3. This act shall take effect upon its passage. 

Apjjroved Fehrvary 17. 1006. 

Chap. 80 A^' Act to authorize the city of brocktox to make ax 

ADDITIOX'AL WATER LOAX^. 

Be it enacted, etc., as follows: 

Sectiox 1. For the purposes named in chapter one 
hundred and twenty-four of the acts of the year eighteen 
hundred and seventy-eight, the city of Brockton may issue, 
from time to time, notes, bonds or scrip, signed by its 
treasurer and countersigned by its mayor, to be denomi- 
nated on the face thereof, Brockton Water Loan, x\ct of 
1906, to an amount not exceeding one hundred thousand 
dollars in addition to the amounts heretofore authorized 
to be issued by the town or city of Brockton for the same 
purposes. Such notes, bonds or scrip shall be issued upon 
the terms and conditions and with the provisions specified 
in said act for the issue of the water loan for the town 
of Brockton: iwovided, that the whole amount of notes, 
bonds or scrip issued by said town and city shall not ex- 
ceed one million one hundred and twenty thousand dol- 
lars; and proi'ided, that no part of the proceeds of the sale 
of said notes, bonds or scrip shall be used in payment of 
running ex]3enses. 

Section 2. Such notes, bonds or scrip shall be issued 
in accordance with the provisions of chapter twenty-seven 
of the Revised Laws and acts in amendment thereof and 
in addition thereto, but the same shall not be reckoned in 
determining the statutorv limit of indebtedness of the citv. 

Sectiost 3. This act shall take effect upon its accept- 
ance by a vote of two thirds of all the members of each 
branch of the city council of said city. 

Approved Fehruanj 17, 1906. 

Qhaj). 81 Ax Act to authorize the city of pittsfield to ixcur 

ADDITIOXAL IXDEBTEDXESS FOR THE IMPROVEMEXT OF ITS 
WATER WORKS. 

Be it enacted, etc., as follows: 

Sectiox^ 1. Section four of chapter one hundred and 
eichtv-five of the acts of the vear eis^hteen hundred and 



Provisos. 



Not to be 
included In 
determining 
debt limit. 



When to take 
effect. 



1900, 30.5, § 1, 
amended. 



Acts, 1906. — Chap. 81. 57 

ninety-two, as amended by chapter ninety-one of the acts 
of the year eighteen hundred and ninety-four, and by sec- 
tion one of chapter one hundred and fourteen of the acts 
of the year eighteen hundred and ninety-six, and by sec- 
tion one of chapter three hundred and fiye of the acts of 
the year nineteen hundred, is hereby further amended by 
striking out the ^yord " three ", in the eighth line, and in- 
serting in place thereof the word : — four, — by striking 
out the word " six ", in the thirteenth line, and insert- 
ing in place thereof the word : — four, — and by inserting 
after the word " loans ", in the twenty-fourth line, the 
words : — which shall bear interest at a rate not exceed- 
ing fiye per cent per annum, — so as to read as follows : 
— Section 4- The said city may, for the purpose of ^"fp^^^L^an 
paying the necessary exi:)enses and liabilities incurred Act of i892. ' 
under the proyisions of this act, and for the purpose of 
paying the necessary expenses and liabilities to be incurred 
in other extensions and improyements of the water works 
of said city, issue from time to time bonds, notes or scrip 
to an amount not exceeding in the aggregate four hun- 
dred thousand dollars. Such bonds, notes or scrip shall 
bear on the face thereof the words, Pittsfield Water Loan, 
Act of 1892, shall be payable at the expiration of periods 
not exceeding thirty years from the date of issue, and shall 
bear interest payable semi-annually at a rate not exceed- 
ing four per cent per annum. Said city shall proyide for 
the payment upon account of the principal sum incurred 
for the construction and maintenance of its water works, 
not less than the sum of four thousand dollars in each 
and eyery year next after the first day of April in the 
year eighteen hundred and ninety-three, in addition to the 
sums now required to be paid thereon each year by said 
city by the proyisions of section three of chapter three 
hundred and forty of the acts of the year eighteen hundred 
and eighty-fiye, until all of said debt, both principal and 
interest, is fully paid and extinguished. The said city Temporary 
may authorize temporary loans, which shall bear interest autuorlzMi!^^ 
at a rate not exceeding fiye per cent per annum, to be 
made by its mayor and treasurer in anticipation of the 
issue of bonds, notes and scrip hereby authorized, or in 
anticipation of the pa;)Taents to be made. 

Section 2. This act shall take effect upon its passage. 

Approved Fehruanj 11, lOOG. 



58 



Acts, 1906. 



Chap. 82. 



Chap. 82 -^-'^' -^CT MAKING APPROPRIATIONS FOR SALARIES AND EXPENSES 
IN THE DEPARTMENT OF THE SERGEANT-AT-ARMS. 



Appropria- 
tions. 



Engineer's 
department. 



Watchmen, 
etc. 



Messengers, 
porters, etc. 



Telephones. 



Heat, light, 
etc. 



Care of state 
house, etc. 



New furniture, 
etc. 



State house 
matron. 



Be it enacted, etc., as follows: 

Section 1. The sums hereinafter mentioned are appro- 
priated, to be paid out of the treasury of the Commonwealth 
from the ordinary revenue, for the purposes S})ecified, for 
the eleven months ending on the thirtieth day of Xovem- 
ber, nineteen hundred and six, to wit : — 

For the salaries of the chief engineer and other em- 
ployees in the engineer's department, a sum not exceeding 
twenty-five thousand three hundred ninety-one dollars and 
sixty-six cents. 

For the salaries of the watchmen and assistant watch- 
men at the state house, a sum not exceeding thirteen thou- 
sand three hundred eighty-three dollars and thirty-three 
cents. 

For the salaries of the sergeant-at-arms' messengers, 
porters and office boy at the state house, a sum not exceed- 
ing ninety-four hundred forty-one dollars and sixty-six 
cents. 

For rent of telephones and expenses in connection there- 
with at the state house, a sum not exceeding sixty-three 
hundred dollars. 

For heat, light and }X)wer at the state house, including 
coal, water, gas, and the removal of ashes, a sum not ex- 
ceeding thirty-five thousand dollars. 

For the care of the state house and grounds, including 
repairs, furniture and repairs thereof, and such exj^enses 
as may be necessary at the various buildings now occu- 
pied by state departments, a sum not exceeding twenty- 
two thousand dollars. 

For new furniture and fixtures, a sum not exceeding 
thirty-six hundred sixty-six dollars and sixty-six cents. 

For the salary of the state house matron, a sum not 
exceeding seven hundred thirty-three dollars and thirty- 
three cents. 

Section 2. This act shall take effect upon its passage. 

Approved February 17, IVOG. 



Acts, 1906. — Chaps. 83, 84, S5. , 59 



An Act to confirm the title of the first baptist QJiap. 83 

CHCRCH of vineyard HAVEN TO CERTAIN PROPERTY. 



Be it enacted, etc., as follows: 

Section 1. The projjert}' 
tist Church of Vineyard Haven by a deed signed b}' 



Section 1. The pro])erty conveyed to the First Bap- Title of the 
of Vinevard Haven bv a deed si.ffned by Alfred church'Tt'^ 



H. Look, on behalf of the First Baptist Church and Soci- H.rven'to cer. 
ety of Tisbnry, on the tenth day of February in the year ^^'^VSr^ 
nineteen hundred and five, is hereby confirmed and made 
valid, and the title of the said First Baptist Church of 
Vineyard Haven to said property is hereby confirmed. 
Section 2. This act shall take effect upon its passage. 

Approved February 17, 1906. 

An Act making appropriations for the maintenance of (JJidp^ 84 

THE WORCESTER INSANE ASYLUM. 

Be it enacted, etc., as follows: 

Section 1. The sums hereinafter mentioned are appro- Appropria. 
priated, to be paid for the maintenance of the Worcester 
insane asylum, during the eleven months ending on the 
thirtieth day of November, nineteen hundred and six, to 
wit: — 

From the receipts of said hospital now in the treasury Worcester in- 
of the Commonwealth, the sum of sixty-six hundred ninety- ^^^'^ '^"^ ""^' 
two dollars and twenty cents, and from the treasury of 
the Commonwealth from the ordinary revenue, a sum in 
addition not exceeding one hundred thirty-two thousand 
nine hundred fifty-six dollars and thirty-six cents. 

Section 2. This act shall take effect uix)n its passage. 

Approved Fehnianj 17. 1906. 

An Act making an appropriation for the :\iaintenance Chap. 85 

OF the MASSACHUSETTS STATE SANATORIUM. 

Be it enacted, etc., as follows: 

Section 1. A sum not exceeding thirty thousand dol- Ssanato"^ 
lars is hereby appropriated, to be paid out of the treasury "^'"• 
of the Commonwealth from the ordinary revenue, for the 
maintenance of the Massachusetts state sanatorium, during 
the three months ending on the thirty-first day of March, 
nineteen hundred and six. 

Section 2. This act shall take effect uix)n its passage. 

Approved Fchruanj 17, 1906. 



60 



Acts, 1906. — Chaps. 86, 87, 88. 



CJicm. 86 ^^"^ Act makixg appropriations for the maixtexaxce of 

THE DAXVERS IXSAXE HOSPITAL. 

Be it enacted, etc., as follows: 

Section 1. The sums hereinafter mentioned are ap- 
propriated, to be paid for the maintenance of the Danvers 
insane hospital, during the eleven months ending on the 
thirtieth day of November, nineteen hundred and six, to 
wit : — 

From the receipts of said hospital now in the treasury 
of the Commonwealth, the sum of fifty-three thousand one 
Inmdred ninety-eight dollars and twenty cents, and from 
the treasury of the Commonwealth from the ordinary rev- 
enue, a sum in addition not exceeding one hundred ninety- 
one thousand two hundred eleven dollars and thirty-seven 
cents. 

Section 2. This act shall take effect upon its passage. 

Approved Fehruary 17, 1906. 



Appropria- 
tions. 



Danvers in- 
sane hospital. 



Chap. 87 An Act makix^g appropriations for the maixtex^ixce of 

THE X^ORTHAMPTOX^ INSAX^E HOSPITAL. 



Appropria- 
tions. 



Northampton 

insane 

hospital. 



Be it enacted, etc., as folloirs: 

Sectiox^ 1. The sums hereinafter mentioned are ap- 
propriated, to be paid for the maintenance of the North- 
ampton insane hospital, during the eleven months ending 
on the thirtieth day of l^ovember, nineteen hundred and 
six, to wit : — 

From the receipts of said hospital now in the treasury 
of the Commonwealth, the sum of nineteen thousand eight 
hundred eighty-seven dollars and eleven cents, and from 
the treasury of the Commonwealth from the ordinary rev- 
enue, a sum in addition not exceeding one hundred eighteen 
thousand five hundred thirty-six dollars and eighty-nine 
cents. 

Section 2. This act shall take effect upon its passage. 

Approved Fehruary 17, 1906. 



Chap. 88 Ax Act makixg appropriatioxs for the maixtexaxce of 

THE state colony FOR THE IXSANE. 



Appropria- 
tions. 



Be it enacted, etc., as follows: 

Section 1. The sums hereinafter mentioned are appro- 
priated, to be paid for the maintenance of the state colony 



Acts, 1906. — Chap. 89. 61 

for the insane, during the eleven months ending on the 
thirtieth day of Xovember, nineteen hundred and six, to 
wit : — 

From the receipts of the said colony now in the treasury state colony 
of the Commonwealth, the sum of eighteen hundred eighty- 
three dollars and ninety-eight cents, and from the treasury 
of the Commonwealth from the ordinary revenue, a sum 
in addition not exceeding fifty-seven thousand three hun- 
dred sixteen dollars and two cents. 

Section 2. This act shall take effect u}X)n its passage. 

Approved Fehruanj 17, 1906. 

An Act making appropriations for certain expenses of (yjfdjj gQ, 

THE TRUSTEES OF THE LYMAN AND INDUSTRIAL SCHOOLS. ^ ' 

Be it enacted, etc., as follows: 

Section 1. The sums hereinafter mentioned are appro- Appropria- 
priated,to be paid out of the treasury of the Commonwealth 
from the ordinary revenue, for the purposes specified, for 
the eleven months ending on the thirtieth day of !N^ovem- 
ber, nineteen hundred and six, to wit : — 

For travelling and other necessary exj^enses of the trus- Lyman and 
tees of the Lyman and industrial schools, the same to in- schools!''*^ 
elude the printing and binding of their annual rejwrt, a trugtelg.^ *^^ 
sum not exceeding eleven hundred dollars. 

For salaries and expenses of such agents as the said ^sf^T^^^- 
trustees may find necessary to employ, a sum not exceed- 
ing eighty-two hundred and fifty dollars. 

For expenses in connection with boarding out children Boarding out 
from the Lyman school for boys, under the authority of ^■'"^'^'^®°- 
the said trustees, a sum not exceeding five thousand dol- 
lars. 

For expenses in connection with the care of probationers care of 
from the state industrial school, to include the boarding P'-oi^«««°«r8- 
out and other expenses of girls on probation, under the 
authority of the said trustees, a sum not exceeding ten 
thousand two hundred and twenty-one dollars. 

For instruction in the pul)lic schools in any city or town instruction in 
of the Commonwealth of children boarded out or bound v^^^^^^c. schools., 
out by the said trustees, a sum not exceeding seven hun- 
dred and fifty dollars. 

Section 2. This act shall take effect upon its passage. 

Approved February 17, 1906. 



62 



Acts, 1906. — Chaps. 90, 91, 92. 



Chap. 90 An Act making appropriations for salaries and expenses 

AT THE STATE FARM. 

Be it enacted, etc., as foUoivs: 

Section 1. The sums hereinafter mentioned are appro- 
priated, to be paid out of the treasury of the Commonwealth 
from the ordinary revenue, for the purposes s})ecified, for 
the eleven months ending on the thirtieth day of Novem- 
ber, nineteen hundred and six, to wit: — 

For the payment of salaries at the state farm, a sum not 
exceeding fifty-six thousand eight lumdred and thirty-four 
dollars. 

For other current expenses at the state farm, including 
the printing of the annual report of the institution, a sum 
not exceeding one hundred forty-nine thousand four hun- 
dred and sixteen dollars. 

Section 2. This act shall take effect upon its passage. 

Approved February 17, 1906. 



Appropria- 
tions. 



State farm, 
salaries. 



Expenses. 



Chap. 91 An Act making appropriations for salaries and expenses 

AT THE STATE INDUSTRIAL SCHOOL FOR GIRLS. 



Appropria- 
tions. 



Industrial 
school for 
girls, salaries. 

Expenses. 



Be it enacted, etc., as folloics: 

Section 1. The sums hereinafter mentioned are appro- 
priated, to be paid out of the treasury of the Commonwealth 
from the ordinary revenue, for the state industrial school 
for girls, for the eleven months ending on the thirtieth 
day of November, nineteen hundred and six, to wit : — 

For the payment of salaries, a sum not exceeding twenty 
thousand ninety-one dollars and eighty-four cents. 

For other current expenses, a sum not exceeding twenty- 
six thousand eight hundred and forty-five dollars. 

Section 2. This act shall take effect upon its passage. 

Approved February 17, 1906. 



Chap. 92 An Act making an appropriation for the maintenance 

OF the MASSACHUSETTS HOSPITAL FOR EPILEPTICS. 



Massaclinsetts 
hospital for 
epileiitics. 



Be it enacted, etc., as follows: 

Section 1. A sum not exceeding one lumdred twenty- 
five thousand three hundred and thirty-five dollars is hereby 
appropriated, to be paid out of the treasury of the Com- 
monwealth from the ordinary revenue, for the mainte- 
nance of the Massachusetts hospital for epileptics, for the 



Acts, 1906. — Chaps. 93, 94, 95. 63 

eleven niontlis ending on the thirtieth daj of ISTovember, 
nineteen hundred and six. 

Section 2. This act shall take effect upon its passage. 

Approved February 17, 1906. 



As Act making ax appropriatiox for the maintenance (JJi^p^ 93 

OF THE FOXBOROUGH STATE HOSPITAL. -^ 

Be it enacted, etc., as follows: 

Section 1. A sum not exceeding sixty-two thousand ftSo8pftai- 
nine hundred twenty-seven dollars and thirty-three cents 
is hereby appropriated, to be paid out of the treasury of 
the Commonwealth from the ordinary revenue, for the 
maintenance of the Foxborough state hospital, during the 
eleven months ending on the thirtieth day of November, 
nineteen hundred and six. 

Section 2. This act shall take effect upon its passage. 

Approved February 17, 1906. 



An Act making an appropriation for the maintenance QJi^p^ 94 

OF THE TAUNTON INSANE HOSPITAL. 

Be it enacted, etc., as follows: 

Section 1. The sum of two hundred one thousand ^aSo^pftai. 
three hundred eighteen dollars and fifty-three cents is 
hereby appropriated, to be paid out of the treasury of the 
Commonwealth from the ordinary revenue, for the mainte- 
nance of the Taunton insane hospital, during the eleven 
months ending on the thirtieth day of Xovember, nine- 
teen hundred and six. 

Section 2. This act shall take effect upon its passage. 

Approved February 17, 1006. 

An Act making appropriations for salaries and expenses nj^Q^y 95 
at the state hospital. ^ ' 

Be it enacted, etc., as folloivs: 

Section 1. The sums hereinafter mentioned are appro- Appropria- 
priated,to be paid out of the treasury of the Commonwealth *^°°^- 
from the ordinary revenue, for the state hospital, for the 
eleven months ending on the thirtieth day of Xovember, 
nineteen hundred and six, to wit : — 

For the payment of salaries and wages, a sum not ex- state hospital, 

T hjij. h jA 1J11 salaries, etc. 

ceedmg ttity-nve thousand dollars. 



64 

ExpenBCs. 



Acts, 1906. — Chaps. 96, 97. 

For other current expenses, including the printing and 
binding of the annual report of the institution, a sum not 
exceeding one hundred sixty-four thousand four hundred 
and fifty dollars. 

Section 2. This act shall take effect upon its passage. 

Approved February 17, 1906. 



Chap. 96 -^N Act makiis'g appropriations for the maixtexan^ce op 

THE MASSACHUSETTS SCHOOL FOR THE FEEBLE-MINDED. 



Appropria- 
tions. 



Massachusetts 
School for the 
Feeble- 
Minded. 

City of 
Waltham. 



Be it enacted, etc., as follows: 

Section 1. The sums hereinafter mentioned are appro- 
priated, to be paid out of the treasury of the Commonwealth 
from the ordinary revenue, for the Massachusetts School 
for the Feeble-Minded, during the eleven months ending 
on the thirtieth day of jSTovember, nineteen hundred and 
six, to wit : — 

For the maintenance of the said school, a sum not ex- 
ceeding one hundred eighty-four thousand seven hundred 
sixty-one dollars and thirty-nine cents. 

For the city of Waltham, for the annual assessment due 
from the Commonw^ealth toward maintaining and operat- 
ing a system of sewage disposal at the said school, the sum 
of eight hundred twenty dollars and eighty-nine cents, as 
provided for in section three of chapter eighty-three of the 
acts of the year eighteen hundred and ninety-three. 

Section 2. This act shall take effect upon its passage. 

Approved Fehruary 17, 1906. 



Chap. 97 An Act making an appropriation for the maintenance 

OF THE MEDFIELD INSANE ASYLUM. 



Medfield in- 
sane asylum. 



Be it enacted, etc., as follows: 

Section 1. A sum not exceeding two hundred fifty- 
three thousand three hundred thirty-one dollars and fifty- 
one cents is hereby appropriated, to be paid out of the 
treasury of the Commonwealth from the ordinary revenue, 
for the maintenance of the Medfield insane asylum, dur- 
ing the eleven months ending on the thirtieth dav of Xo- 
vember, nineteen hundred and six. 

Section 2. This act shall take effect upon its passage. 

Approved Fehruary 17, 1906. 



Acts, 1906. — Chaps. 98, 99, 100. 65 

An Act making appropriations for the maintenance of (JJkij)^ 93 
the westborough insane hospital. ^' 

Be it enacted, etc., as follows: 

Section 1. The sums hereinafter mentioned are appro- Appropria. 
priated, to be paid for the maintenance of the Westbor- 
ongh insane hospital, during the eleven months ending on 
the thirtieth day of November, nineteen hundred and six, 
to wit : — 

From the receipts of said liospital now in the treasury westborough 
of the Commonwealth, the sum of sixty-three hundred hospital, 
eighteen dollars and nine cents, and from the treasury of 
the Commonwealth from the ordinary revenue, a sum in 
addition not exceeding one hundred seventy-nine thousand 
one hundred thirty-two dollars and eighty-nine cents. 

Section 2. This act shall take effect upon its passage. 

Approved Fehrvary 17, 1906. 



An Act making an appropriation for the maintenance QJid^ 99 

OF THE WORCESTER INSANE HOSPITAL. ■^' 

Be it enacted, etc., as foUoivs: 

Section 1. The sum of two hundred thirty-eight thou- Worcester in- 

1 1 ii'ii'in Jj2 i- • sane hospitaL 

sand seven hundred eighty-six dollars and -nve cents is 
hereby appropriated, to be paid out of the treasury of the 
Commonwealth from the ordinary revenue, for the mainte- 
nance of the Worcester insane hospital, during the eleven 
months ending on the thirtieth day of J^ovember, nine- 
teen hundred and six. 

Section 2. This act shall take eifect upon its passage. 

Approved February 17, 1906. 

An Act making appropriations for salaries and expenses rj]jnjy 1 qq 

AT THE LYMAN SCHOOL FOR BOYS. -^ * 

Be it enacted, etc., as follows: 

Section 1. The sums hereinafter mentioned are appro- Appropria- 
priatcd,to be paid out of the treasury of the Commonwealth *^°°^' 
from the ordinary revenue, for the Lyman school for boys, 
for the eleven months ending on the thirtieth day of ISTo- 
vember, nineteen hundred and six, to wit: — 

For the payment of salaries, a snm not exceeding thirty- Lyman school 
two thousand five hundred ten dollars and fortv-six cents, salaries.' 



66 Acts, 1906. — Chaps. 101, 102. 

Expenses. -p^^ other ciirroiit expenses, a sum not exceeding fifty 

thousand five hundred fortj-one dollars and sixty-six cents. 

Section 2. This act shall take effect upon its passage. 

Approved February 11 , 1906. 

Chap.lOl An Act to ratify and confirm certain proceedings of 

THE TRUSTEES OF THE METHODIST EPISCOPAL CHURCH OF 
MELROSE. 

Be it enacted, etc., as follows: 

recHi'in"'i'of the Section 1. The proceedings of the meeting of incor- 
Methodfst "^^ ^'"^ Iteration of the Trustees of the Methodist Episcopal Church 
churc^rof ^^^ Melrose, now called The First Methodist Episcopal 
Melrose Cliurch of Mclrosc, a cori)oration orG:anized under chap- 

CO nfi riiiGQ '' 1 <—> L 

ter thirty of the General Statutes of the Commonwealth, 
shall not be invalid by reason of the failure of the said 
incorporators, or of the to\Mi clerk of the town of Melrose, 
in which town the house of worship of said corporation 
was situated, to comply with the provisions of sections 
twenty-nine and forty-six of said chapter, wdiereby the 
incorporators were required to leave with the town clerk, 
within ten days after the meeting, an attested copy of 
the record of the proceedings at the meeting, and the 
mmed'ettf toA\ni clerk was required to record the same. And such 
failure shall -not invalidate any conveyance of property, 
real or personal, either by or to said corporation, and all 
acts done by said corporation since its incorporation are 
hereby ratified and confirmed. 

Section 2. This act shall take effect upon its passage. 

Approved Fehruanj 17, 1906. 

Chap.102 An Act relative to the location of the north end sav- 
ings BANK IN THE CITY OF BOSTON. 

Be it enacted, etc., as follows: 

ti.eNo^tii End Section 1. Scctiou ouc of chapter twenty-four of the 
Savings Bank ^cts of the year eighteen hundred and seventy, as amended 

niivv uc «,' o *' ' 

changed. by chapter seveiity-eight of the acts of the year eighteen 

Inmdred and seventy-two, is hereby further amended so 
that said bank may be located northerly of Berkeley and 
Dover streets in the city of Boston. 

Section 2. This act shall take effect upon its passage. 

Approved February 11, 1906. 



Acts, 190G. — Chaps. 103, 104. 67 



An Act kelative to the rate of taxation in the city (7/^^n,lQ3 

OF BROCKTON. 

Be it enacted, etc., as follows: 

Section 1. Section one of chapter seventy-one of the 1904,71, §i, 
acts of the year nineteen hundred and four is hereby ™^ 
amended by striking out the words ^' thirteen dollars in 
the year nineteen hundred and six ", 'in the eighth and 
ninth lines, and inserting in place thereof the words : — 
and fifteen dollars in the years nineteen hundred and six, 
nineteen hundred and seven, nineteen hundred and eight, 
nineteen hundred and nine and nineteen hundred and ten, 
— so as to read as follows: — Section 1. The taxes as- Taxes in the 
sessed on property in the city of Brockton, exclusive of tonnotto°*^ ' 
the state tax, county tax and sums required by law to be tain^rate.^'^'^" 
raised on account of the city debt, shall not exceed, on every 
one thousand dollars of the assessors' valuation of the tax- 
able property therein for the preceding year, fifteen dol- 
lars in the year nineteen hundred and four, fourteen 
dollars in the year nineteen hundred and five and fifteen 
dollars in the years nineteen hundred and six, nineteen 
hundred and seven, nineteen hundred and eight, nine- 
teen hundred and nine and nineteen hundred and ten; 
the said valuation being first reduced by the amount of 
all abatements thereon 2:)revious to the thirty-first day of 
December in the year preceding said assessments, subject 
to all the provisions contained in section fifty-four of 
chapter twelve of the Revised Laws. 

Section 2. This act shall take effect upon its passage. 

Approved February 20, 1906. 



C7ia2).104: 



An Act relative to the granting of licenses for the 

SALE OF intoxicating LIQUORS BY CERTAIN HOTELS IN THE 
VICINITY OF PUBLIC SCHOOLS. 

Be it enacted, etc., as follows: 

Section 1. Section thirty-five of chapter one hundred .^n^^jided ^ ^^' 
of the Revised Laws is hereby amended by adding at the 
end thereof the following words : — nor shall the provi- 
sions of this section prevent the granting of such a license 
to be exercised in any hotel on the same street as, and 
having its bar more than four hundred feet from, a build- 
ing occupied in whole or in part by a public school: pro- 
vided, that there is no public bar in such hotel, — so as 



68 Acts, 1906. — CnAr. 105. 

premillsnear ^^ ^^^^ ^^ f oUows : — Sect'wn 35. Iso licensG of the first, 
a public school second or third class shall be granted for the sale of in- 

building . . ,. . 1 Ml- 

regulated. toxicatiiig liquors 111 aiiv biuldmg or place on the same 
street as, and within four hundred feet of, any building 
occupied in whole or in part by a public school ; but the 
provisions of this section shall not prevent the granting 
of such license to be exercised on premises fitted up and 
occupied as a place for selling liquor under a license and 
by a licensee of a corresponding class of the preceding 
year although said premises are within four hundred feet 
of a building used temporarily in whole or in part for 
school purposes, if such use will cease permanently within 
one year after the granting of said license; nor shall the 
provisions of this section prevent the granting of such a 
license to be exercised in any hotel on the same street as, 
and having its bar more than four hundred feet from, a 
building occupied in whole or in part by a public school : 

Proviso. provided, that there is no public bar in such hotel. 

Section 2. This act shall take effect upon its passage. 

Approved February 21, 1906. 

Chap.105 An Act relative to theatres. 

Be it enacted, etc., as follows: 
fndsr^i'm^^ Section 1. The provisions of sections thirty-six and 
m>t'to'"!f')T''i thirty-seven of chapter one hundred and four of the Re- 
certain cases, vised Laws, and of chapter four hundred and fifty of the 
acts of the year nineteen hundred and four, as amended 
by chapter three hiuidred and forty-two of the acts of the 
year nineteen hundred and five, shall not apply to halls, 
rooms, buildings or parts of buildings in cities and towns 
outside of Boston wdiicli are used for occasional public 
gatherings, or for the occasional presentation of dramatic, 
operatic or other performances for the entertainment of 
spectators, provided such halls, rooms, buildings and parts 
of buildings are not used principally for theatrical per- 
formances, 
buildings" cte Sucli lialls, rooiiis, buildiiigs or parts of buildings, shall 
be inspected at least twice annually, by the district police, 
and shall not be used for the purposes above specified until 
they are placed in a condition satisfactory to the inspec- 
tion department of the district police, and a license for 
such use has been issued by tlie chief of the district police, 
and posted in a conspicuous place in such hall, room or 
buildina;. 



Acts, 190G. — Chap. 105. 69 

Section 2. If anv inspector shall report that the stat- TJeenBeetobe 

„ , „ "^ , I , . . (• 1 T notUied, etc. 

iites 01 the (Jommonwoalth or the conditions ot tlie dis- 
trict police are not complied with by any licensee, it shall 
be the duty of the licensing officer to notify the licensee, 
fixing a time within which he shall comply with such 
statutes or conditions. If, at the expiration of snch time, 
there has not been such compliance, the licensing officer 
shall give a hearing to the licensee, and if, upon investiga- 
tion he shall find that there is cause, he shall revoke the 
license. The licensing officer shall have power, if in his Licensing 
opinion the public safety requires it, to order any hall, close cerufin 
room, building or part of a building which is subject to '''"i'ii"S8. 
the provisions of this act, to be closed pending a hearing 
upon the revocation of the license for such building; and 
any person failing to comply with such order may be 
punished by a fine not exceeding one thousand dollars. 

Section 3. The chief of the district police may sus- License may 
pend any such license upon failure to comply with any ^^-"'^p®" ^ 
orders given in writing by him relating to the condition 
or use of such halls, rooms, buildings or parts of build- 
ings. 

Section 4. Whoever is aggrieved by any order or de- Superior court 
cision of the licensing officer may apply to a judge of the jurislk'tion. 
superior court sitting in equity for the county in which 
the building affected by such order or decision is situated 
for the appointment of a board of three disinterested per- 
sons to examine the premises and hear the parties and 
render a decision in writing and under oath, to be filed 
in the office of the clerk of courts in said county within 
ten days after such hearing, and the majority of said 
board shall decide whether the Avhole or a part of the 
order or requirement shall be complied with, and the li- 
censing officer shall make his order or decision conform 
to the decision of the said board of appeal. If the de- 
cision is not unanimous the dissenting member of the 
board shall file a written statement of his reasons under 
oath. The compensation of the members of such board of compensation 

111 • c • 1 n 1 of members of 

appeal and the taxation of costs m such cases shall be ijoaniof 
governed by sections twenty and twenty-one of chapter 
one hundred and four of the Revised Laws. 

Section 5. Any court having equity jurisdiction may. Enforcement 
upon the application of the licensing officer, enforce, by "f'lecree. 
any suitable process or decree, the provisions of this act 
and any order or requirement of any person made by au- 
thority of this act. 



70 Acts, 1906. — Chaps. 106, 107. 

etc^I'toVial^e''' Section 6, PolicG, district and municipal courts shall 
jurisdiction, have jurisdiction of prosecutions and proceedings at law 
under the provisions of this act, concurrently with the 
superior court. 

Section 7. This act shall take effect upon its passage. 

Approved February 21, 1906. 

Chap.106 An Act to authorize the Springfield gas light company 

TO DO BUSINESS IN THE TOWN OP LUDLOW. 

Be it enacted, etc., as follows: 

fl^kiGas"^' Section 1. The Springfield Gas Light Company is 

Light Com- hercbv authorized, upon the approval of the legal voters 

paiiy mav do ^ -, ^ t n • n i f i 

business in oi the towu 01 J^udlow at a meeting called lor the purpose, 
and of the board of gas and electric light commissioners, 
to carry on the business of furnishing gas for heat, light 
and power in the said town ; with all the rights, powers 
and privileges, and subject to all the duties, liabilities and 
restrictions set forth in all general laws now or hereafter 
in force applical)le to such corporations. 

Section 2. This act shall take effect upon its passage. 

Approved February 21, 190G. 

Chctp.107 An Act relative to the admission of children to places 

OF AMUSEMENT. 

Be it enacted, etc., as foUoivs: 

amended ^ ^^*' Section One hundred and eighty-four of chapter one 
hundred and two of the Revised Laws is hereby amended 
by striking out the words " the chief of police ", in the 
fifth line, and inserting in place thereof the words : — any 

Admission of policc officer, — SO as to read as follows: — Section ISJf. 

phu'es'^of '^ Whoever, himself or by his servant or agent, admits a 

regulated"* child uiidcr the age of thirteen years to any licensed pub- 
lic show or place of amusement, unless said child is ac- 
companied by a person over the age of twenty-one years, 
shall, on complaint of a parent or guardian of said child 
or of any police officer or a truant officer of the city or 
town in which said child is so admitted, be punished by 
a fine of not more than one hundred dollars ; but the pro- 
visions of this section shall not apply to shows and amuse- 
ments which take place before sunset. 

Approved February 21, 1906. 



Acts, 1906. — Chaps. 108, 109, 110. 71 



An Act to authorize towns in the county of barn- QJiap.lOS 

STABLE TO APPROPRIATE AND CONTRIBUTE MONEY FOR THE ^' 

erection of THE PILGRIM MEMORIAL MONUMENT AT PROV- 
INCETOWN. 

Be it enacted, etc., as follows: 

Section 1. Any town in the coimty of Barnstable may Towns in 
appropriate a sum not exceeding five hinidred dollars, and county'may 
contribute the same to the fund for the erection of the inilri,n" 
Pilgrim memorial monument at Provincetown. monument. 

Section 2. This act shall take effect upon its passage. 

Approved February 23, 1906. 

An Act to establish the salary of the executive mes- QJiq^j IQC) 
senger of the governor and council. ^ * 

Be it enacted, etc., as follows: 

Section 1. The salary of the execntive messenger of gxlcuuve 
the governor and conncil shall be twelve hniidred dollars messenger. 
a year, to be so allowed from the first day of January in 
the year nineteen hundred and six. 

Section 2. So much of section one of chapter five Repeal, 
hundred ' and twenty-three of the acts of the year nine- 
teen himdred and two as is inconsistent herewith is hereby 
repealed. 

Section 3. This act shall take effect upon its passage. 

Approved February 23, 1900. 



Ghap.llO 



An Act to autpiorize the city of beverly to incur in- 
debtedness FOR SEWERAGE PURPOSES, BEYOND THE STATU- 
TORY LIMIT. 

Be it enacted, etc., as follows: 

Section 1. The city of Beverly, for the purpose of .^ULoanfAct" 
improving and extending its system of sew^erage and sew- otwoe. 
age disposal, may from time to time issue and sell nego- 
tiable notes or bonds to an amount not exceeding two 
himdred thousand dollars, to be denominated on the face 
thereof, Beverly Sewerage Loan, Act of 1906, and bear- 
ing interest at a rate not exceeding four per cent per 
annum, payable semi-annually. 

Section 2. Such notes or bonds shall be payable within payment of 
such periods, not exceeding thirty years from the dates of *"*°''^'*- 
issue, as tlie city council shall from time to time deter- 
mine, and shall be issued in accordance with the provi- 



72 Acts, 190G. — Chap. 111. 

sions of chapter twontj-seven of the Revised Laws and 
of acts in amendment thereof and in addition thereto, 
except that they shall not be reckoned in determining the 
statutory limit of indebtedness of the city. 
InuuaTpay/'''' Sectioj^ 3. The city council of the city shall, at the 
ments. time of authorizing the whole or any part of said loan, 

provide for the payment of so much thereof as may then 
be authorized, in such annual proportionate payments as 
will extinguish the same within the time prescribed in 
this act; and without further action by the city council 
the amount required for such payments shall annually be 
assessed by the assessors of the city, in the same manner 
in which other taxes are assessed, until the debt incurred 
hereunder shall have been extinguished. 

Section 4. This act shall take effect upon its passage. 

Approved Fehruari/ 24, 1906. 

CJiap.VLl An Act to authorize the city of salem to make an 

ADDITIONAL SEWERAGE LOAN. 

Be it enacted, etc., as follows: 

a^'lfioa^u"^'^' Section 1. The city of Salem, for the purpose of 

completing the work of constructing a main trunk sewer, 
pumping station and harbor outfall, as authorized by 
chapter three hundred and fifty-three of the acts of the 
year nineteen hundred and one and by chapter three hun- 
dred and twelve of the acts of the year nineteen hundred 
and four, may from time to time issue bonds, notes or 
scrip to an amount not exceeding in the aggregate seventy- 
five thousand dollars, the same to be in addition to the 
four hundred thousand dollars which said city is author- 
ized by said chapter three hundred and fifty-three to issue 
for the said purposes. Such bonds, notes or scrip shall be 
signed by the treasurer of the city and countersigned by 

When payable, ^j^g mayor. They shall be payable at the expiration of 
periods not exceeding thirty years from the dates of issue, 
shall bear interest at a rate not exceeding four per cent 
per annum, and shall not be reckoned in determining the 

Sale of statutory limit of indebtedness of the city. The city may 

securities. gg|| such sccuritics at public sale or pledge the same for 
money borrowed for the purposes aforesaid, upon such 

rroviso. terms and conditions as it may deem proper: provided, 

that they shall not be sold or pledged for less than their 
par value. Tlie said city shall at the time of authorizing 



Acts, 1906. — Chaps. 112, 113. 73 

the said loan vote to provide for the payment thereof in To provide for 

. ^ , -n i.- • 1 4-1 annual i>:iv- 

such annual proportionate payments as will extmguisn tlie ments. 
same within the time prescribed in this act; and when 
such provision has been made the amount required thereby 
shall without further vote annually be assessed by the as- 
sessors of the city, in the same manner in which other 
taxes are assessed, until the said debt shall be extin- 
guished. 

Section 2. The sum of one hundred and fifty thou- Thepai-tof 
sand dollars required to be paid by the town of Peabody to be paun)y 
to the city of Salem by section two of chapter three hun- Peabodytobe 
dred and twelve of the acts of the year nineteen hundred ?,P^'lJfent°oT^'^ 
and four shall, when received by the city, be used for the loan, 
payment of the principal and interest of bonds, notes or 
scrip issued under chapter three hundred and fifty-three 
of the acts of the year nineteen hundred and one, for the 
payment of the principal and interest of bonds, notes or 
scrip issued under the provisions of section one of this 
act, and for the construction of sewers in said city, or for 
any one or more of said purposes, but for no others. 

Section 3. This act shall take effect upon its passage. 

Approved February 2Jt, 190G. 



An Act to authorize the city of lynn to change and 
ri]arrange its ward and precinct lines. 



Chap.112 

Be it enacted, etc., as follows: 

Section 1. The city of Lynn is hereby authorized, by The city of 
vote of its city council, to change and rearrange the ward an-ange yi\ird 
and precinct lines of the city, in such a manner as to unlL^''''^'"*^' 
bring the boundaries of the w^ards and precincts, so far 
as may be practicable, in the middle of streets. 

Section 2. The new^ boundaries to be established under when to take 
authority of this act shall be in force and effect for all ^^'^^^' 
purposes on and after the first day of May in the year 
nineteen hundred and six. 

Section 3. This act shall take effect upon its passage. 

Approved February 26, 1906. 

An Act relative to the membership on the board of ^7,^^ 113 

trustees of the ROXBURY latin SCHOOL. ^ * 

Be it enacted, etc., as follows: 

Section 1. Chapter thirty-four of the acts of the year 1-88,34, 
seventeen hundred and eighty-eight, being the act ap- '^""'°**'^^- 



74 



Acts, 1906. 



Chap. 113. 



Fixing tlie 
number of 



proved Jamiarj 23cl, 1789, entitled " An Act for incor- 
porating certain persons therein named, bv the name of 
the trustees of the grammar school, in the easterly part 
of the town of Roxbnry, and for repealing all the laws 
heretofore made for that purpose ", is hereby amended as 
follows : — 

First. By striking out the words " not at any one 
time ", " more than ", and ^' nor less than nine ", in the 
paragraph beginning with the words " That the number 
of ", and ending with the words "' come before them ", so 
that the paragraph will read as follows : — That the num- 
Roxb'uiyLatTn ^^^ ^^ ^^^^ ^^^^ trustces sliall cousist of thirteen, five of 
School. whom shall constitute a quorum for transacting business, 

and a major part of the members present at any stated 
meeting thereof sliall decide all questions that may prop- 
erly come before them. 

Second. By striking out the words " And to perpetu- 
ate the succession of the said trustees, Be it further en- 
acted by the authority aforesaid, that as often as one or 
more of the said trustees, shall die, resign, remove, or in 
the judgment of the major part of the said trustees for 
the time being, be rendered by age, infirmity or other- 
wise incapable of discharging the duties of his office, then 
and so often the remaining part of the trustees then sur- 
viving, or the major part of them, at some stated meet- 
ing, shall elect by ballot, one or more persons, being- 
reputable freeholders in the town of Roxbury aforesaid, 
to supply such vacancy or vacancies: Provided always, 
that the minister and the two oldest deacons of the first 
Church of Christ in the said tovni of Roxbury, shall al- 
ways, by virtue of their said offices, be members of the 
said corporation ". 

Section 2. The minister and the two oldest deacons 
in length of service of the first Church of Christ in that 
I)art of Boston formerly the said toAvn of Roxbury, incor- 
porated as the First Religious Society in Roxbury under 
chapter one hundred and thirty-three of the, acts of the 
legislative year eighteen hundred and twenty-four, ap- 
proved February 2Gth, 1825, shall always by virtue of 
their said offices be members of the said corporation. Each 
of the other members of said corporation in oifice when 
this act takes effect shall remain such member until he 
shall die, resign, or in the judgment of the major part 
of the trustees for the time being be rendered by age, in- 



Cerbiin 
pertions to be 
nienibers of 
the corpora- 
tion ex- 
offlcio. 



Acts, 1906. — Chap. 113. 75 

firmity or otherwise, incapable of discharging the duties 
of his office. Any vacancies existing when this act takes Fining of 
effect, and any which may thereafter occur among the ^^^'""^'^^• 
members then in office, other than the aforesaid minister 
and two deacons, shall be filled by the election by the 
board of members from nominations by the graduates of 
said school, as hereinafter provided, until five members 
have so been elected, and thereafter the said ten members 
other than the aforesaid minister and two deacons shall be 
elected by the board, five being elected from nominations 
by the graduates of said school and the other five mem- 
bers from the residents of the territory formerly consti- 
tuting the town of Eoxbury. The five members elected Jf[;?;g";i^J]'"'^ 
from nominations by the graduates of said school shall 
hold office for a term of five years, except as hereinafter 
provided, and the five other members shall hold office until 
they die or resign: provided, that, whenever in the judg- proviso, 
ment of the major part of the wdiole number of trustees 
for the time being any of said ten members shall be ren- 
dered by age, infirmity or otherwise, incapable of dis- 
charging the duties of his office, then and so often the 
remaining part of the trustees, or the major part of them, 
may declare his office vacant. All vacancies, from what- 
ever cause arising, shall be filled in the manner provided 
for tlie election of the member whose office has become 
vacant. 

The five members to be elected from nominations by Election of 
the graduates of said school shall be elected as follows: trustees. 
— Within thirty days after the time when this act takes 
effect, if there then be any vacancy in said board of trus- 
tees, and thereafter whenever vacancies occur which are 
to be filled from nominations by the graduates, within 
thirty days after the occurrence of such vacancy, the sec- 
retary of the trustees shall call a meeting to be held in 
Boston, not less than sixty or more than ninety days after 
the time when this act takes effect, or after the occurrence 
of such vacancy, as the case may be, of the graduates of 
said school of five or more years' standing. N^otice of 
such meeting shall be given by mail to all of such gradu- 
ates whose addresses are known to the secretary. At such ,^ro,?p''p*|,fn„8 to 
meeting a chairman and secretary shall be chosen, and be kept. 
said secretary shall keep and transmit to the trustees a 
record of the proceedings of the meeting, attested by him, 
which the secretary of the trustees shall enter on his rec- 



76 



Acts, 1906. — Chap. lU. 



Terra of 
office. 



Proviso. 



When to take 
effect. 



ords. Such of said graduates as are present at that meet- 
ing shall select from the whole number of graduates of 
more than five years' standing, a committee of three, who 
shall nominate in writing to the trustees three times as 
many of the graduates of the school of more tlian five 
years' standing as there are vacancies to be filled from 
nominations by the graduates, and from such nominations 
the trustees shall elect one for every such vacancy. Each 
graduate so elected shall hold office for five years or until 
his successor shall be elected : provided, that the term of 
any graduate elected to fill an unexpired term shall be 
limited to that term. The election of trustees of either 
class shall be by ballot at some stated meeting. 

Section 3. This act shall take effect when accepted 
by a majority of the trustees in office, on behalf of said 
corporation, at a meeting held within one year after its 
passage. The secretary of said corporation shall fortliwith 
upon such acceptance record in the registry of deeds for 
the county of Suffolk a copy of the vote of acceptance, with 
a certificate of its adoption by the trustees as herein re- 
quired, and the date of its adoption, duly verified by him. 

Approved February 26, 1906. 



Chap.ll4i ^^^ ^'^'^ '^^ AUTHORIZE THE SUMMER STREET FIRE COMMITTEE, 
SO-CALLED, TO TRANSFER ITS FUNDS AND PROPERTY TO THE 
MASSACHUSETTS CHARITABLE FIRE SOCIETY. 



The Summer 
Street Fire 
Committee 
may transfer 
its funds, etc. 



Be it enacted, etc., as follows: 

Section 1. Marquis T. Dickinson of Brookline, Otis 
ISTorcross, Grenville H. ISTorcross, William IT. Hart and 
Francis H. Brown, all of Boston, executive committee of 
the Summer Street Fire Fund, which was raised for the 
relief of sufferers in the great Boston fire of ISTovember 
9, 1872, are hereby authorized to transfer, assign, set 
over and convey all the funds and property held by them 
as such executive committee, to the Massachusetts Chari- 
table Fire Society, incorporated June 25, 1794, by chapter 
sixteen of the acts of that year; and said ]\rassachusetts 
Charitable Fire Society is hereby authorized to receive 
and accept, hold, manage, use and dispose of the same as 
the trustees of said society may from time to time deem 
best for the fulfillment of the charitable purposes of said 
society, subject however to the provisions of section two 
of this act. The funds and property so received shall be 



Acts, 190G. — Chap. 115. 77 

held by said society separately from all other funds and |trei^t"j!^re^'' 
property, and shall be designated, The Summer Street Relief Fund. 
Fire Relief Fund. 

SECTioisr 2. The income of the funds and property iiow income 
which shall thus be transferred, assigned, set over and applied, 
conveyed to the Massachusetts Charitable Fire Society 
shall from time to time be applied by said society, in its 
discretion, to aid worthy and needy mechanics and arti- 
sans, resident in Boston, who have lost the tools of their 
trade by fire. If in any year the whole income of the 
fund shall not be required for this purpose the surplus 
of income during such year shall either be added to the 
principal of the fund or applied to the relief of residents 
of Boston w^ho are suiferers by fire, according as said 
society in its discretion may determine. 

Section 3. The powers hereby granted shall be ex- supreme 

,. p • • ^ 1 f ^ judicial court 

ercised only m coniormity with a decree oi the supreme to have 
judicial court sitting in equity in the county of Suffolk, ^"^ * 
to be entered within one year after the passage of this 
act. 

Section 4. This act shall take effect when it shall ^^|:,^J! ^° ^^'^^ 
have been accepted by the votes both of said executive 
committee and of the board of government of said Massa- 
chusetts Charitable Fire Society. 

Approved Fclruarij 26, 1006. 

An Act relative to the establishment of a public takk (JJiap.115 
BY the town of nokthborough. 

Be it enacted, etc., as follows: 

Section 1. Section one of chapter four hundred and a,*,"enrtedf ^' 
fifty-one of the acts of the year nineteen hundred and 
three is hereby amended by striking out the word " three ", 
in the second line, and inserting in place thereof the word: 
— six, — so as to read as follows: — Section 1. The town Town of 
of Northborough, by its board of selectmen, may at any maytake""^' 
time Avithin six years after the passage of this act take, etc.?foVpark' 
by gift upon such conditions as said board may deem purposes, 
advisable, or by purchase or otherwise, and hold in fee, 
or otherwise, and maintain, for the purpose of a public 
park, a certain parcel of land, with such buildings as may 
be thereon, or any part thereof, not exceeding one hun- 
dred and fifty acres in area, situated in said town, and 
bordering on either side of Cold Harbor brook, so-called, 



78 



Acts, 190G. — Chap. 116. 



together with said brook and all the waters of the same 
not previonsly granted to said town for other purposes, 
beginning at the highway at and next above the bridge 
over said brook on Whitney street, and extending np said 
brook to a point between the lands of G. 11. Talbot and 
lands now or formerly of Mrs. Alice H. Fisher, and to 
such distance from either side of said brook, as would be 
overflowed with water if the water in said brook were 
raised to a level one foot above the stoning on the westerly 
side of said bridge, and to such other distance and bound- 
ary within said town as the town may elect, with any 
rights of flowage affecting the same. 

Section 2. Section three of said chapter four hundred 
and fifty-one is hereby amended by striking out the word 
'' and ", after the word " lands ", in the ninth line, and 
inserting after the word " rights ", in the tenth line, the 
words : — or other property, — so as to read as follows : 
— ■ Section 3. Said town shall, within sixty days after 
to be recorded. ^}^q taking of any lands, water rights or other property 
as aforesaid, otherwise than by purchase or gift, file and 
cause to be recorded in the registry of deeds for the 
Worcester district of the county of Worcester a descrip- 
tion thereof sufficiently accurate for identification, with 
a statement of the purposes for which the same were 
taken, which statement shall be signed by the chairman 
of the board of selectmen, and the title of all lands, water 
rights or other property so taken shall vest in the town 
of Xorthborough in fee. Approved February 27, 1906. 



1903, 451, § 3, 
amended. 



Description 
of lands, etc.. 



protdbited. 



Chap.116 An Act to prohibit the misuse of vessels used in the 

SALE OF MILK. 

Be it enacted, etc., as follows: 
Placing of Section 1. Whoever by himself or bv his servant or 

offal, etc., in c 'i n 

milk cans, etc., affcnt or as the servant or agent of anv other person, nrm 
or corporation, having custody of a milk can, measure or 
other vessel used as a container for milk destined for 
sale, places or causes or permits to be placed therein any 
offal, swill, kerosene, vegetable matter or any article other 
than milk, skimmed milk, buttermilk, cream, or water or 
other agent used for cleansing said can, measure or other 
vessel, shall be punished by a fine of not more than ten 
dollars for each vessel so misused. 



Penalty. 



Acts, 190G. — Chap. 117. 79 

Section 2. Whoever by himself or by his servant or Delivery of 

. ,1 !_ i_ _e _!^^ n niilk cans, etc., 

agent or as the servant or agent oi any other person, nrm containing 
or corporation, sends, ships, returns or delivers, or causes prohibited, 
or permits to be sent, shipped, returned or delivered to 
any producer of milk any milk can, measure or other 
vessel used as a container for milk, containing any offal, 
swill, kerosene, vegetable matter, or any other offensive 
material, shall be punished by a fine of not more than Penalty, 
ten dollars for every such vessel. 

Section 3. Every licensed milk dealer who, directly Miiktobe 

T ,1 • -m J. • J • i 1 1*1 transferred to 

or indirectly, receives milk contained m receptacles which otiier vessels in 
are the jiroperty of another person, firm or corporation, ceitam cases, 
shall, before selling said milk, transfer it to other clean 
vessels bearing his name, or the name under which his 
business is conducted, and no other; and said milk shall 
not be sold by him except from or in said vessels. 

Section 4. Whoever violates the provisions of the Penalty, 
preceding section shall be punished by a fine of not more 
than ten dollars for each offence. 

Section 5. Sections one and two of this act shall take when to take 
effect thirty days after its passage ; sections three and ^^''*^'" 
four shall take effect four months after its passage. 

Approved March 1, 1906. 



An Act relative to the granting of locations for poles z^/,^^, 117 
and wires in towns. ^ ' 

Be it enacted, etc., as follows: 

Section 1. Section two of chapter one hundred and amended ^'' 
twenty-two of the Revised Laws, as amended by chapter 
two hundred and thirty-seven of the acts of the year nine- 
teen hundred and three, is hereby further amended by 
inserting after the word "" or ", in the thirteenth line, the 
words : — • the selectmen of the, — by inserting after the 
word " or ", in the eighteenth line, the words : — the se- 
lectmen of the, — and by inserting after the word " his ", 
in the nineteenth line, the words : — or their, — so as to 
read as follows: — Section 2. The mayor and aldermen Granting of 
of a city or the selectmen of a town through which the p^ojes ami*""^ 
lines of a company are to pass shall give the company a and^owns.*'*^^ 
writing specifying where the poles may be located, the 
kind of poles, the height at which, and the places where, 
the wires may run. Any company, except street railway 



80 



Acts, 1906. — Chap. 118. 



Granting of 
locations for 
poles and 
■wires in towTis. 



companies, desiring permission to erect poles, piers, abut- 
ments or other fixtures upon or along anj public way 
shall, in ^\Titing, petition the said mayor and aldermen or 
selectmen therefor. A public hearing shall be held on 
such petition, and written notices of the time and place 
at which such hearing will be held shall be mailed at least 
three days before said hearing, by the clerk of the city or 
the selectmen of the town in which the petition for loca- 
tions has been made, to the owners of real estate along 
the ways or parts of ways upon which it is proposed to 
construct said line, as determined by the last preceding 
assessment for taxation. The clerk of the city or the 
selectmen of the town shall endorse upon the order or 
specification of locations granted, his or their certificate 
that notices were sent and a hearing held as herein pro- 
vided, and no such order or specification shall be valid 
without such certificate. After the erection of the linos 
the mayor and aldermen or selectmen may, after giving 
the company or its agents an opportunity to be heard, or 
upon petition of the company without hearing or notice, 
direct any alteration in the location or erection of the 
poles, piers or abutments, and in the height of the wires ; 
and no permit shall be required for renewing, repairing 
or replacing poles, piers, abutments or other fixtures once 
erected under the provisions of law\ Such certificates, 
specifications and decisions shall be recorded in the records 
of the city or town. 

Section 2. This act shall take effect upon its passage. 

Approved March 1, 1906. 



Ghap.llS Ax Act to authorize the city op newburyport to im- 
prove AND EXTEND ITS WATER WORKS AND TO INCUR IN- 
DEBTEDNESS THEREFOR. 

Be it enacted, etc., as follows: 

Section 1. The city of ISTewburyport, for the purpose 
of improving and extending its water works, may issue 
from time to time bonds, notes or scrip to an amount not 
exceeding seventy-five thousand dollars in addition to the 
amount heretofore authorized by law to be issued by the 
city for this purpose. Such bonds, notes or scrip shall 
be denominated on the face thereof, JSTewburyport Water 
Loan, Act of 190G, shall be payable at the expiration of 



Ne\vl)uryi)ort 
Water I^oan, 
Act of 1906. 



Acts, 190G. — Chap. 118. 81 

periods not exceeding thirty years from the date of issue, 
shall bear interest payable semi-annually at a rate not ex- 
ceeding four per cent per annum, and shall be signed by 
the treasurer and countersigned by the water commission- 
ers of the city. The city may sell such securities at pub- 
lic or private sale or pledge the same for money borrowed 
for the jiurposes of this act upon such terms and condi- 
tions as it may deem proj^er: provided, that they shall not I'roviso. 
be sold for less than par value thereof. 

Section 2. The said city shall at the time of author- To provide for 
izing said loan provide for the payment thereof in such ments, etcf" 
annual proportionate payments as will extinguish the same 
within the time prescribed in this act ; and when a vote 
to that effect has been passed the amount required thereby 
shall without further vote be assessed by the assessors of, 
the city in each year thereafter, in the same manner in 
which other taxes are assessed, until the debt incurred by 
the loan shall be extinguished. The city shall also raise 
annually by taxation a sum which with the income derived 
from water rates will be sufficient to pay the interest as 
it accrues on the bonds, notes or scrip issued by the city 
under authority hereof. 

Section 3. The proceeds of the sale or pledge of said Proreeds to be 

■I . ^ ~ ai>lilii'il to 

bonds, notes or scrip may be used Iw the city for the con- p.-iyment of 
struction of water works and for improving and extend- extending 
ing its system of water supply ; and the city may take by syston."^'^^ ^ 
purchase or otherwise, and hold for said purposes, any 
lands, easements or rights of way and the waters of any 
pond, stream, spring or artesian or driven well : provided, Proviso. 
however, that no source of water supply for domestic pur- 
poses shall be purchased or taken undei; this act without 
the consent of the state board of health, and that the loca- 
tion of all dams, reservoirs, wells or other works for col- 
lecting or storing water shall be subject to the approval 
of said board. 

Section 4. The water commissioners of the said city water < 
shall make all contracts for j^urposes of construction in niake'con'. 
the name and behalf of the city, but no such contract shall ta"-icts, etc. 
be made which involves the ex])euditure of money not 
already approj^riated for the purpose by the city govern- 
ment. 

Section 5. So much of chapter four hundred and Repeal, 
seventy-one of the acts of the year eighteen hundred and 



• comrais- 



82 Acts, 1906. — Chap. 119. 

ninety-three and of acts in amendment thereof as is in- 
consistent with the provisions of this act is hereby re- 
pealed. 

Section 6. This act shall take effect upon its passage. 

Approved March 1, 1906. 

Chap.H9 An Act to establish the north chelmsfokd fire dis- 
trict AND TO PROVIDE FOR SUPPLYING THE SAME WITH 
WATER. 

Be it enacted, etc., as follows: 
FiredistTict Section 1. The inhabitants of the to^Ti of Clielms- 

establislied In ^ , ,. , , . . . . . ,. ... 

ch i*'^^'? °ii liable to taxation in said town and residing within 

the territory enclosed by the following boundary lines, to 
wit : — Beginning at a point on the division line between 
the towm of Chelmsford and the city of Lowell which is 
distant two hundred feet southerly from Princeton street; 
thence northerly by said town line to the location of the 
JSTashua and Lowell railroad; thence westerly and north- 
westerly by said railroad location to the ]\Ierrimac river 
at Kewfield Eddy, so-called, near the stone sheds; thence 
southwesterly to the Dunstable road, so-called, at Swain's 
pond; thence southeasterly to the Groton road, so-called, 
at IS'ewfield's or Leach's pond ; thence by the easterly shore 
of Leach's pond to the mouth of the canal ; thence south- 
erly to the location of the Stony Brook railroad; thence 
northeasterly by the Stony Brook railroad location to a 
point two hundred feet southerly of the Princeton boule- 
vard, formerly the Old Middlesex turnpike ; thence south- 
easterly and easterly by a line parallel with said boulevard 
and two hundred feet southerly thereof to land of the 
county truant school ; thence southerly, easterly and north- 
erly by the county truant school land to a point two hun- 
dred feet southerly from said boulevard ; thence easterly 
and parallel with said boulevard to the point of beginning, 
— shall constitute a fire district, and are hereby made a 
body corporate, by the name of the ISTorth Chelmsford Fire 
District, for the purpose of supplying themselves with 
water for the extinguishment of fires and for domestic 
and other purposes, with power to establish fountains and 
hydrants and to relocate and discontinue the same, to regu- 
late the use of such water and to fix and collect rates to be 
paid therefor, and to take, by lease, purchase or otherwise, 
and to hold jjroperty, lands, rights of way and easements 



Acts, 190G. — Chap. 119. 83 

for the j)urposes mentioned in this act, and to prosecnte 
and defend in all actions relating to the property and 
affairs of the district. 

Section 2. Said fire district, for the purposes afore- May distribute 
said, is hereby authorized to take and distribute water to fun^ghedby 
be supplied by the city of Lowell upon such terms as may ^0^^^^^ °^_ 
be agreed upon by the said city and the said district, or 
to be supplied by driven wells, or in such other manner as 
the state board of health may approve; and for the pur- 
pose of receiving, holding and distributing the said water 
the said district may lay and construct pipes and such 
other works and structures as may be necessary, under or 
over any land, water courses, railroads and railways and 
public or other ways, and along any way in the town of 
Chelmsford, in such manner as not unnecessarily to ob- 
struct the same; and for the pur])oses aforesaid the said 
district may dig up any such hinds or ways in such man- 
ner as to cause the least hindrance to public travel; and 
all things done upon any such way shall be subject to the 
direction of the selectmen of said town. The said district 
may also take, by lease, purchase or otherwise, and may 
hold all lands, rights of way and easements in the said 
town necessary for receiving, holding and distributing the 
said water. 

Section 3. Said fire district shall within sixty days Description of 
after taking any land, rights of way, water rights, water be"recon.ied*^ 
source or easements as aforesaid, otherwise than by lease 
or purchase, file and cause to be recorded in the registry 
of deeds for the district in which the same are situated, 
a description thereof sufficiently accurate for identifica- 
tion, with a statement of the purpose for which the same 
^^'«re taken, sigTied by the water commissioners hereinafter 
provided for. 

Section 4. Said fire district shall jiay all damages to Damages, 
property sustained by any person or corporation by the 
taking of any lands, water source or water rights, or by 
laying or maintaining any aqueducts or other works for 
the purpose aforesaid, or by the doing of any other act 
under authority hereof. Any person or corporation sus- 
taining damages as aforesaid, and unable to agree with 
the said district upon the amount thereof, may have them 
assessed in the manner provided by law with respect to 
land taken for the laying out of highways. Any person 
or corporation whose water rights are thus taken or af- 



84. Acts, 190(3. — Chap. 119. 

fected mav a])plv as aforesaid within one year after the 
time when the water is actually withdrawn or di^•(n•ted, 
and not thereafter. Any application for the assessment 

>^ of damages arising in an^^ other manner nnder this act 

shall be made within one year after the doing of such 
damage. 

toM^'Urc'^iri'b^-" Sectio^st 5. For the purpose of paying all expenses 

tnctLo;m. ^^^^ liabilities incurred under the provisions of this act 
said district may from time to time issue bonds, notes or 
certificates of debt, signed by tlie treasurer of the district 
and countersigned by the chairman of the water commis- 
sioners hereinafter provided for, to be denominated on the 
face thereof, jSTorth Chelmsford Fire District Loan, to an 
amount not exceeding fifty thousand dollars, jiayable at 
periods not exceeding thirty years from the dates of issue, 
and bearing interest payable semi-annually at a rate not 
exceeding four per cent per annum. Said district may 
sell such securities at public or private sale, at not less 
than par, or pledge the same for money borrowed for the 
purposes of this act, upon such terms and conditions as it 
may deem proper. Said district shall pay the interest 
upon the loan as it accrues, and shall provide for the pay- 
ment of the principal at maturity, by such annual ]u-opor- 
tionate payments as will extinguish the same within the 
time prescribed by this act. The amounts which may be 
necessary to make such payments sliall without further 
vote of said district be raised annually by taxation in the 
manner hereinafter provided. 

iioan'"etc^ "^ Section 6. Said district shall raise by taxation annu- 

ally a sum which with the income derived from the sale 
of water and the payments from the town of Chelmsford 
for hydrant service Avill be sufiicient to pay the current 
annual expenses of operating its water works and the in- 
terest accruing on the bonds issued by said district, to- 
gether with such payments on the principal as may be 
required under the provisions of this act. Said district 
is further authorized, by a two thirds vote of the voters 
thereof present and voting at a legal meeting called for 
the purpose, to raise by taxation any sum of money for 
the purpose of enlarging or extending its water works and 
providing additional pipes, ai^plianees and fixtures con- 
nected therewith, not exceeding two thousand dollars in 
any one year. 



Acts, 1906. — CnAr. 119. 85 

Section 7. The town of Chelmsford may by a two Town may 
thirds vote of the legal voters present and voting thereon paymontof 
at a legal meeting called for the purpose guarantee the °° ^'^^^' 
payment of such bonds, notes or certificates of debt, pro- 
vided such meeting is held within one year after the ac- 
ceptance of this act by said district. 

Section 8. Whenever a tax is duly voted by said dis- Assessment of 
trict for the purposes of this act the clerk shall send a *""''*^®' 
certified copy of the vote to the assessors of the town of 
Chelmsford, who shall proceed within thirty days to assess 
the same in the same manner in which town taxes are re- 
quired by law to be assessed. The assessment shall be 
committed to the town collector, who shall collect said tax 
in the manner provided for the collection of town taxes, 
and shall deposit the proceeds thereof with the district 
treasurer for the use and benefit of said district. Said 
district may collect overdue interest on taxes in the same 
manner in which interest is authorized to be collected on 
town taxes : provided^, that said district at the time of vot- rroviso. 
ing to raise the tax shall so determine, and shall also fix 
a time for the payment thereof. 

Section 9. Said district may make such contracts with ^,f^ tmlll^a^ 
individuals, corporations, and with the town of Clielms- uais, corpora- 
ford, for supplying water as may be agreed upon, and 
may fix and collect rates for the use of such water, and 
may discontinue or shut off the water for the non-pay- 
ment of such rates and for violation of the terms of any 
such contract or agreement. 

Section 10. The city of Lowell may extend its con- The city of 
duits, pipes, mains or other works into the town of dlstrfbu'te 
Chelmsford, and may distribute water through the :N"orth SU'rlct"^^ 
Chelmsford Fire District or any part thereof, and may ^^' 
regulate the use of such water and fix and collect rates 
for the use of the same ; and said fire district may make 
such contract with the city of Lowell for water for the 
extinguishment of fires and for other purposes as may be 
agreed upon between said fire district and the said city, 
and the said city may establish and maintain fountains 
and hydrants and relocate or discontinue the same. 

Section 11. Said ISTorth Chelmsford Fire District or Thefirofiis- 
the town of Chelmsford shall have the riglit at any time town°of ' 
to take, by purchase or otherwise, the property and all may™rk('cer. 
the rights and privileges of the city of Lowell held under rights^beioDg. 



86 Acts, 1906. — Chap. 110. 

of^Lowuu *etc ^^^^ provisions of this act within the town of Chelmsford, 
on payment to said city of the actual cost of the same. 
The city of Lowell shall keep a separate account of the 
construction expenses and receipts of its plant within the 
town of Chelmsford, which account shall be open to tlie se- 
lectmen or other committee appointed by the said town, or 
to the water commissioners or other committee appointed 
by the said fire district. In case said town or said fire 
district shall vote to purchase said property, rights and 
privileges, and cannot agree w^ith the city of Lowell upon 
the amount of the total actual cost thereof, then in a 
suit in equity, brought either by the city or by the town 
or fire district, the supreme judicial court shall ascertain 
and fix such total cost in accordance with the foregoing 
provisions, and shall enforce the right of the town of 
Chelmsford or of the said fire district to take possession 
of said property, rights and privileges, upon payment of 
the cost aforesaid to the city of Lowell. 

First meeting. Section 12. The first meeting of said district shall 
be called on petition of ten or more legal voters therein, 
by a warrant from the selectmen of the town of Chelms- 
ford, or from a justice of the peace, directed to one of the 
petitioners, requiring him to give notice of the meeting 
by posting copies of said warrant in two or more public 
places in said district seven days at least before the time 
of said meeting. One of the selectmen shall preside at 
the meeting until a clerk is chosen and sworn. After the 
choice of a moderator for said meeting tlie question of the 
acceptance of this act shall be submitted to the voters, and 
if it shall be accepted by a majority vote of the voters 
present and voting thereon it shall go into effect, and -the 
meeting may then proceed to act on the other articles 
contained in the warrant. 

^oZnissioT'' Sectioa- 13. The >Torth Chelmsford Fire District 

term^etc!""' shall, after the acceptance of this act at a legal meet- 
ing called for the purpose, elect by ballot three persons 
to hold office, one until the expiration of three years, one 
until the expiration of two years and one until the expira- 
tion of one year from the next succeeding annual district 
meeting, to constitute a board of water commissioners ; 
and at every annual meeting thereafter one such com- 
missioner shall be elected by ballot for the term of three 
years. All the authority granted to said district by this 



Acts, 1906. — CuAr. 119. 87 

act and not otherwise specially provided for shall be vested 
in said board of water commissioners, who shall be sub- 
ject however to such instructions, rules and regulations as 
the district mav impose bv its vote. Said commissioners Treasurer to 
shall aj^point a treasurer of said district who may be one ^^ ''pp°i° ^ 
of their number, who shall give bonds to the district to 
such an amount and with such sureties as may be aji- 
j^roved by the commissioners ; and a majority of the com- 
missioners shall constitute a quorum for the transaction 
of business. Any vacancy occurring in said board from Fining of 
any cause may be filled for the remainder of the unex- '*'''^^''^*^"*'^- 
pired term by said fire district at any legal meeting called 
for the purpose. I*n'o money shall be drawn from the dis- 
trict treasury on account of the water w^orks except by a 
written order of said commissioners, or a majority of 
them. The commissioners shall annually make to said 
district a full report in writing of their doings and ex- 
penditures. 

Section 14. Said district may adopt by-laws prescrib- ^j?^if^!^8°^etc 
ing by whom and how meetings may be called and noti- 
fied, and, upon the application of ten or more legal voters 
in the district, meetings may also be called by warrant 
as provided in section ten. Said district may also pro- 
vide rules and regulations for the management of its water 
works, not inconsistent with this act or with the laws of 
the Commonwealth, and may choose such other officers not 
provided for in this act as it may deem necessary or 
proper. 

Section 15. Whoever wilfully or wantonly corrupts. Penalty for 
pollutes or diverts any water obtained or supplied under etc^'JS^water. 
this act, or wilfully or wantonly injures any reservoir, 
standpipe, aqueduct, pipe or other property ow^ned or used 
by said district for the purposes of this act, shall forfeit 
and pay to the district three times the amount of damages 
assessed therefor, to be recovered in an action of tort ; and 
upon conviction of any of the above acts shall be punished 
by a fine not exceeding one hundred dollars, or by im- 
prisonment for a term not exceeding six months. 

Section 16. This act shall take effect upon its accept- ^|!^°**'**^® 
ance by a majority vote of the voters of said district pres- 
ent and voting thereon at any legal district meeting called 
for the purpose within three years after the passage of 
this act; but it shall become void unless the said district 



88 



Acts, 1906. — Chap. 120. 



or the said city of Lowell shall begin to distrihiite water 
to consumers in the Xortli Chelmsford Fire District within 
three years after the date of the acceptance of this act as 
aforesaid. Approved March 1, 1906. 



R. L. 70, § 14, 
amended. 



Examination 
for registra- 
tion as 
pharmacist. 



Chap.V2>0 Ax Act relative to registration in pharmacy. 

lie it enacted, etc., as follows: 

Section fourteen of chapter seventy-six of the Revised 
Laws is hereby amended by inserting after the word " dol- 
lars ", in the seventh line, the words : — The said board 
may, in its discretion, grant certificates of registration to 
such persons as shall furnish with their application satis- 
factory proof that they liave been registered by examina- 
tion in some other state: provided, that such other state 
shall require a degree of competency equal to that required 
of applicants in this state. Every applicant for registra- 
tion as a registered pharmacist shall pay to the secretary 
of the board the sum of five dollars at the time of filino' 
the application, — so as to read as follows:- — Section IJf. 
A person who desires to do business as a pharmacist shall, 
upon payment of five dollars, be entitled to examination, 
and if found qualified shall be registered as a pharmacist 
and shall receive a certificate signed by the president and 
secretary of said board. Any person who fails to pass 
such examination shall upon request be re-examined after 
the expiration of three months at any regular meeting of 
the board, upon the payment of three dollars. The said 
board may, in its discretion, grant certificates of registra- 
tion to such persons as shall furnish with their applica- 
tion satisfactory proof that they have been registered by 
examination in some other state : provided, that such other 
state shall require a degree of competency equal to that 
required of applicants in this state. Every applicant for 
registration as a registered pharmacist shall pay to the 
secretary of the board the sum of five dollars at the time 
of filing the application. All fees received by the l)oard 
shall be paid by its secretary into the treasury of the Com- 
monwealth. Approved March 1, 1906. 



Applicants 
from otlier 
sUites may he 
registered. 



Proviso. 



Acts, 1906. — Chaps. 121, 122. 89 



An Act making appropriations for the compensation (J]^cipj\2\ 

AND EXPENSES OF THE CIVIL SERVICE COMMISSIONERS. 

Be it enacted, etc., as follows: 

Section 1. The sums hereinafter mentioned are appro- Approima- 
priated,to be paid out of the treasury of, the Commonwealth 
from the ordinary revenue, for the purposes specified, for 
the eleven months ending on the thirtieth day of Novem- 
ber, nineteen hundred and six, to wit: — 

For the compensation and expenses of the members of edml.fisIImK 
the civil service commission, a sum not exceeding eiglit- 
een hundred thirty-three dollars and thirty-three cents. 

For the salary of the chief examiner of the civil service ciiicf 
commission, twenty-seven hundred and fifty dollars. 

For the salary of the secretary of the civil service com- secretary, 
mission, eighteen hundred thirty-three dollars and thirty- 
three cents. 

For the salary of the registrar of labor of the civil ser- Rejristrarof 
vice commission, eighteen hundred thirty-three dollars and 
thirty-three cents. 

For clerical assistance, advertising and stationery, and ass[stance, etc. 
for ofHce, printing, travelling and incidental expenses of 
the commissioners, chief examiner and secretary, a sum 
not exceeding seventeen thousand five hundred dollars. 

For the printing and binding of ten thousand copies of Aunuui report, 
the annual report of the civil service commission, a sum 
not exceeding nine hundred dollars. 

Section 2. This act shall take effect upon its passage. 

Approved March 1, lOOG. 

An Act to authorize the town of norton to supply it- Q]i(ip.\'2>'2i 

SELF with water. ^' 

Be it enacted, etc., as follows: 

Section 1. The town of Norton may contract either The town of 
with the town of Mansfield or with the town of Attle- S^",t™%h 
borough to supply the town of Norton with water, or may towils'ior T 
supply itself and its inhabitants with water for the ex- water supply, 
tinguishment of fires and for domestic and other purposes ; 
may establish fountains and hydrants and relocate or dis- 
continue the same, and may regulate the use of such water 
and fix and collect rates to be paid therefor: provided, J'r«'viso. 
however, that no source of water supjdy for domestic pur- 



90 



Acts, 1906. — Chap. 122. 



May take the 
waters of ceV- 
tain rivers, etc. 



Proviso. 



Description of 
lands, etc., to 
be recorded. 



May erect 
dams, etc. 



Damages. 



poses or lands necessary for preserving the quality of such 
water shall be acquired without the advice and approval 
of the state board of health. 

Section 2. The said town, for the purposes aforesaid, 
may within the limits of the to\\ii take the waters of Rum- 
ford, Wading or Canoe rivers, so-called, and their tribu- 
taries, and any water rights connected therewith, and may 
also take the waters of any wells within or near the water- 
sheds of said rivers and tributaries, and may also take 
by purchase or otherwise and hold any real estate, rights 
of way or easements necessary to construct and maintain 
aqueducts and other works for collecting, purifying, dis- 
charging, conducting and distributing water for the ]uir- 
poses aforesaid: provided, however, that the town shall 
not take, use or divert more than ten per cent of the water 
flowing in any of the rivers aforesaid. 

Section 3. The said tovm shall, wuthin sixty days 
after taking any of the waters, water rights, real estate, 
rights of w^ay or easements aforesaid, otherwise than by 
purchase, file and cause to be recorded in the office of the 
registry of deeds for the northern district of the county 
of Bristol a description thereof sufiiciently accurate for 
identification, with a statement of the purposes for which 
the same were taken, signed by the board of water com- 
missioners hereinafter provided for. 

Section 4. The iown. may excavate the land taken or 
held as aforesaid, and may erect thereon dams, buildings 
and other necessary structures, may j^J'ocure and operate 
machinery, and may provide all other means necessary for 
carrying out the purposes aforesaid ; and may construct 
conduits, pipes and other works under or over any lands, 
water courses, railroads and public or private ways, and 
along any such ways in such a manner as not unneces- 
sarily to obstruct the same ; and for all the purposes of this 
act the town may dig up any such lands, and, with the 
approval of the board of selectmen of the town in which 
the ways are situated, the said board of water commis- 
sioners may enter upon and dig up any such ways in such 
manner as to cause the least practicable hindrance to pub- 
lic travel. 

Section 5. Said town shall bo liable for all damages 
to ]">ro]:»erty sustained by any ])erson by tlie taking of any 
laud, w^ater or water rights, or by constructing any aque- 
ducts or other works, or by doing any other thing under 



Acts, 190G. — Ciiap. 122. 91 

authority of this act ; and if any person so injured cannot 
agree with the water commissioners of the town npon the 
amount of such damages the same shall be ascertained and 
recovered in the manner provided by law in the case of 
land taken for the laying out of highways, but no applica- 
tion for damages shall bo entertained after the expiration 
of two years from the time of such taking or other in- 
j^^ry. 

SECTioisr 6. Said town may for the purpose of paying Norton water 
the necessary expenses and liabilities incurred under the lyoc. ' 
provisions of this act issue from time to time bonds, notes 
or scrip, to an amount not exceeding seventy-five thousand 
dollars. Such bonds, notes or scrip shall bear on their 
face the words, ISTorton Water Loan, Act of 190G, shall be 
payable at the expiration of periods not exceeding thirty 
years from the dates of issue ; shall bear interest, payable 
semi-annually, at a rate not exceeding four per cent per 
annum, and shall be signed by the treasurer of the town 
and countersigned by the water commissioners hereinafter 
provided for. The town may sell such securities at pub- 
lic or private sale or pledge the same for money borro\ved 
for the purposes of this act : lyrovided, that no such bonds. Proviso, 
notes or scrip shall be sold for less than their par value. 

Section 7. Said town shall at the time of authorizing Payment of 
said loan provide for the payment thereof in such annual 
proportionate payments, beginning five years after the first 
issue of such bonds, notes or scrip, as will extinguish the 
same within the time prescribed in this act ; and when a 
vote to that effect has been passed the amount required 
thereby shall without further vote be assessed by the as- 
sessors of said town in each year thereafter until the debt 
incurred by said loan shall be extinguished. 

Section" 8. The town shall raise annually in the man- Payment of 
ner provided in the following section a sum which with expenses."""'' 
the income derived from the water rates will be sufficient 
to pay the current annual expenses of operating its w^ater 
works and the interest and principal of the bonds, notes 
or scrip aforesaid as the same become due. 

Section 9. The assessors of the town shall annually separate tax 
in accordance with the preceding section assess a separate J^^.'^^e assessed, 
tax to the amount provided for in the preceding section 
upon all the taxable property contained Avithin zones or 
belts extending in widtli one thousand feet on each side 
from the centre of any public, private or other way in 



92 



Acts, 1906. — Chap. 122. 



Penalty for 
corruyitioii, 
etc., of water, 



"Water com- 
missiouers, 



which pipes or other structures for the conveyance of water 
have been laid and are in use under the provisions of this 
act, so that said zones shall be two thousand feet wide; 
and in length the said zones shall extend along the said 
ways respectively to a point five hundred feet beyond the 
last hydrant or other fixture on any such way from which 
water can be drawn for extinguishing fires. 

Section 10. "Whoever wilfully or wantonly corrupts, 
pollutes or diverts any water taken or held under this act, 
or injures any structure, work or other property owned, 
held or used by said town under the authority and for the 
purposes of this act, shall forfeit and pay to said town 
three times the amount of damage assessed therefor, to be 
recovered in an action of tort ; and upon conviction of any 
of the above wilful or wanton acts shall be punished by a 
fine not exceeding three hundred dollars or by imprison- 
ment for a term not exceeding one year. 

Section 11. Said town shall after its acceptance of 
etc?^'""' ^^™' ^^i^ ^^^' ^t ^ to^m meeting called for the purpose, elect by 
ballot three persons to hold office, one until the expiration 
of three years, one until the expiration of two years and 
one until the expiration of one year from the next suc- 
ceeding annual town meeting, to constitute a board of 
water commissioners ; and at every annual town meeting 
thereafter one water commissioner shall be elected by bal- 
lot for a term of three years. All the authority granted 
to said town by this act and not otherwise specifically pro- 
vided for shall be vested in said board of water commis- 
sioners, who shall be subject however to such instructions, 
rules and regulations as said town may impose by its vote. 
A majority of said commissioners shall constitute a quo- 
rum for the transaction of business. Any vacancy occur- 
ring in said board from any cause may be filled for the 
remainder of the unexpired term by said town at any 
to^vn meeting called for the purpose. 

Section 12. This act shall take full effect upon its 
acceptance by a majority of the voters of the to^^m of Xor- 
ton present and voting thereon at a legal town meeting 
called for the purpose ^\''ithin five years after its passage; 
but the number of meetings so called in any one year shall 
not exceefl three. For the purpose of being submitted to 
the voters as aforesaid this act shall take effect u])on its 
passage. Approved March 2, 1906. 



When to take 
effect. 



Acts, 1906. — Chap. 123. 93 



An Act to authorize the city of new Bedford to use its (JJidj) ^23 

BORROWING CAPACITY TO PAY CERTAIN INDEBTEDNESS. ^ ' ~"' 

Be it enacted, etc., as follows: 

Section 1. The city of ISTew Bedford, for the purpose The city of 
of ]iaying notes of the city to the amount of two hundred may make a 
and iifty thousand dollars heretofore issued on account of "^'^^ °'^^' 
expenditures made or liabilities incurred prior to the first 
day of January in the year nineteen hundred and six, or 
for retiring notes issued on account of such expenditures 
or liabilities, may incur indebtedness to an amount not 
exceeding two hundred and fifty thousand dollars, and 
may issue notes or scrip therefor to that amount. Such 
notes or scrip shall be payable within four years from the 
respective dates of issue, and shall bear interest at a rate 
not exceeding four per cent per annum. The city council ^"{""''^^"* 
of the city shall at the time of authorizing the said loan 
provide for the payment thereof in such annual propor- 
tionate payments as will extinguish the same within the 
time prescribed in this act. The provisions of chapter r. l. 2- to 
twenty-seven of the Revised Laws, so far as they may be 
applicable, shall apply to the indebtedness hereby author- 
ized and to the securities issued therefor; and the notes 
or scrip issued under authority of this act shall not ex- 
ceed the limit of municipal indebtedness fixed by law. 

Section 2. The tax assessed on propertv in the city Limit of tax 

rate etc 

of ]^ew Bedford, exclusive of the state tax, county tax ' ' 
and sums required by law to be raised on account of the 
city debt, shall not exceed, on every one thousand dollars 
of the assessors' valuation of the taxable property therein 
for the preceding year, thirteen dollars in the years nine- 
teen hundred and seven, nineteen hundred and eight, nine- 
teen hundred and nine and nineteen hundred and ten ; 
the said valuation being first reduced by the amount of all 
abatements thereon previous to the thirty-first day of De- 
cember in the year preceding said assessments, subject to 
all the provisions contained in section fifty-four of chap- 
ter twelve of the Revised Laws. 

Section 3. All sums of monev raised bv taxation Certain ])ro- 

-,, .. ^ . " ^ ■, . " . portion of tax 

under the provisions 01 section two 01 this act, m excess to be use<i in 
of twelve dollars on every one thousand dollars of the &an"^etc.** 
assessors' valuation of the taxable property in said city 
for the preceding year shall be used in j)ayment of the 



94 



Acts, 1906. — Chap. 124. 



notes or scrip issued under the provisions of section one 
of this act and for no other purpose. 

Section 4. This act shall take effect npon its passage. 

Approved March 2, 1906. 



Town of 
Canton may 
supply water 
to certain other 
towns. 



Chap.124: An Act to authorize the town or canton to furnish 

WATER IN CERTAIN SECTIONS OF THE TOWNS OF SHARON 
AND STOUGHTON. 

Be it enacted, etc., as follows: 

Section 1. The town of Canton, in addition to the 
authority given to it by chapter ninety-five of the acts of 
the year eighteen hundred and eighty-five, is hereby au- 
thorized, acting l)y its board of water commissioners, to 
extend its conduits, pipes, mains and other works into the 
towns of Sharon and Stoughton along Bay street for a 
distance not exceeding eighteen hundred feet from the 
line dividing the towns of Canton and Sharon, and along 
Central street in the to\\m of Stoughton for a distance not 
exceeding thirteen hundred feet from said Bay street, and 
in ISTorth Main street in the town of Sharon for a distance 
not exceeding nineteen hundred feet from said Bay street, 
and to supi^ly water for domestic purjioses to the inhabi- 
tants living upon said streets in said towns of Sharon and 
Stoughton, upon such terms as may be agreed upon be- 
tween said inhabitants and the town of Canton : provided, 
however, that the to^^Ti of Canton shall first file a plan of 
any such proposed extensions in the town of Stoughton 
with the selectmen of that town and of any such proposed 
extensions in the to^^Tl of Sharon with the selectmen of 
that town, and sliall receive the apjjroval of the selectmen 
of said towns ; and the town of Canton shall file with the 
selectmen of the towns of Sharon and Stoughton, respec- 
tively, a sworn statement of all expenses of any such ex- 
tensions within their respective towns within six months 
after the completion of the same. In making such exten- 
sions and in supplying water as aforesaid the town of 
Canton shall have the same rights and be subject to the 
same liabilities as in laying pipes or supplying water 
within its own limits. 

Section 2. Either of the towns of Sharon or Stough- 
ton shall have the right at any time to take by purchase 
or otherwise the property and all the rights and privileges 
of the to\\Ti of Canton within its limits upon j^ayment of 



TroviBO. 



The towns of 
Sharon and 
Stoiifihton may 
take, etc., cer- 
tain water 
rijjclits of the 
town of 
Canton. 



Acts, 1906. — Chaps. 125, 120. 95 

the actual cost of the saiiio, without iuterest. In case 
either of said towns shall vote to purchase the said prop- 
erty, rights and privileges of the town of Canton and can- 
not agree with the said town upon the amount to be paid 
therefor as hereinbefore provided, then, upon a suit in 
equity brought by either of said towns of Sharon or 
Stoughton or by the town of Canton, the supreme judi- 
cial court shall ascertain and fix such sum to be j)aid in 
accordance with the foregoing provisions, and shall en- 
force the right of the town of Sharon or of the town of 
Stoughton to take possession of the said property of the 
town of Canton within its limits upon payment of the 
sum found due. 

Section 3. The towns of Sharon and Stoughton, or ^j^^'J^fg^jf^^'''^ 
either of them, may contract with the town of Canton to water, 
funiish Avater within their respective limits in the district 
described in section one, upon such terms and conditions, 
and for such length of time, as may be agreed upon by 
the parties. 

Section 4. This act shall take effect upon its passage. 

Approved March 5, 1906. 

An Act to autpiokize the trustees of monson academy CJiap.l2^ 
TO hold additional real and personal estate. 

Be it enacted, etc., as follows: 

Section 1. The Trustees of Monson Academy, incor- Trustees of 

111 I'l CI • ^ 1 Mouson 

poratcd by chapter ten of the acts of the year eigliteen Academy niar 
hundred and four, are hereby authorized to hold real and estate, 
personal estate the yearly income from which shall not 
exceed fifteen thousand dollars. 

Section 2. This act shall take effect upon its passage. 

Approved March 6, 1906. 

An Act relative to clerical assistance in the office (JJiapA^iG 
OF the clerk of the house of representatives. 

Bo it enacted, etc., as folJoivs: 

Section 1. Section twelve of chapter three of the Re- r. l. 3, §12, 

■t -^ 111 • !• ^ • ^ etc., amended. 

Vised Laws, as amended by section one ot cliapter eighty- 
seven of the acts of the year nineteen hundred and four, 
is hereby further amended by striking out the words '' two 
thousand ", in the twelfth line, and inserting in place 
thereof the words : — twenty-five hundred, — so as to read 



i)G 



Acts, 190G. — Chaps. 127, 128. 



Assistant 
clerks of 
senate iind 
bouse, etc. 



Clerical 
ussistaiicc. 



as follows: — Section 12. The clerk of the senate aud the 
clerk of the house of representatives, subject to the ap- 
jDroval of the senate and house respectively, may each 
appoint an assistant clerk who, in the absence of the clerk, 
shall perforin the duties of the clerk unless a clerk pro 
tempore is chosen. Each clerk may remove the assistant 
clerk appointed by him. The clerk of the senate may also 
employ necessary clerical assistance at an expense of not 
more than fifteen hundred dollars a year, and the clerk of 
the house of representatives may also employ necessary 
clerical assistance at an exi^ense of not more than twenty- 
five hundred dollars a year. 

Section 2. This act shall take effect upon its passage. 

Approved March 6, 190G. 



R. L. ISO, § 25, 
amended. 



Deiiosit of 
certain funds. 



Cha7).127 An Act to provide for the deposit of moxey ix the 

NAME OF A JUDGE OF PROBATE AND FOR THE PAYMENT OF 
SUCH DEPOSIT. 

Be it enacted, etc., as follows: 

Section 1. Section tw^enty-five of chapter one hundred 
and fifty of the Revised Laws is hereby amended by strik- 
ing out the word " such ", in the third line, and inserting 
in 2)lace thereof the word : — any, — so as to read as fol- 
lows : — Section 25. If an executor, administrator, guard- 
ian or trustee has money which he considers it advisable 
to deposit in a savings bank in the name of the judge of 
j)robate for the benefit of any person, he may apply to the 
probate court by which he was ai)pointed for leave so to 
do, and the court may in its discretion, without notice, 
direct such money so to be deposited. When the deposit 
is made the deposit book of the bank shall be filed in said 
court. When the person entitled to such money satisfies 
the court of his right to receive it, the court shall by de- 
cree direct it to be transferred to him. 

Section 2. This act shall take effect upon its passage. 

Approved March 6, 1906. 



Chap.l2S An Act to ratify the locations of streets, highways, 

SEWERS AND PUBLIC DRAINS LAID OUT BY MUNICIPAL AU- 
THORITY IN THE CITY OF MARLBOROUGH. 

Be it enacted, etc., as follows: 
of ti!ecity*of Section 1. The location and laying out of all streets, 

TOnflrmed"^'^ ways, sewers and public drains heretofore laid out by any 



Acts, 1906. — Chaps. 129, 130. 97 

mimicipal authority of the city of Marlborough are hereby 
legalized and confirmed, notwithstanding any failure to 
file a description and plan thereof for record in the regis- 
try of deeds for the county or district in which the land 
lies, as is required by section ninety-seven of chapter 
forty-eight of the Revised Laws. 

Section 2. This act shall take effect upon its passage, Not to affect 
but shall not affect any suit or other proceeding at law pemUngV ^^"""^ 
now pending. Approved March G, 1906. 

An Act relative to conveyances and will of a husband (JJi^^^rp ^29 

DESERTED BY HIS WIFE OR LIVING APART FROM HER FOR A i • -• 

JUSTIFIABLE CAUSE. 

Be it enacted, etc., as follows: 

Section 1. The probate court may upon the petition probate court 
of a husband or, if he is insane, upon the petition of his decreT/n'^ 
guardian or next friend, enter a decree that said husband certain cases, 
has been deserted by his wife or that he is living apart 
from her for justifiable cause, and he may thereafter con- 
vey his real ]3roperty in the same manner and with the 
same effect as if he were sole ; and the surviving wife shall 
not be entitled under the provisions of section sixteen of 
chapter one hundred and thirty-five of the Revised Laws 
to waive the provisions of a will made by him. 

Section 2. This act shall take effect upon its passage. 

Approved March 6, 190G. 



An Act to authorize the city of Cambridge to con- pj -i or) 
struct, operate, maintain and lease tunnels or con- ^'^^P*-'-^^ 
duits under and through broad canal. 

Be it enacted, etc., as folloivs: 

Section 1. The city of Cambridge is hereby author- Tiieoityof 
ized to construct, ojDerate and maintain tunnels or con- n,ay «lnft1-uot, 
duits under and through Broad canal in that city, for the con'duus^under 
purpose of placing therein water pipes, gas pipes and Broad canai. 
other structures for the use of the city and other persons. 
Such tunnels or conduits shall be constructed below the 
depths provided for in section four of chapter four hun- 
dred and sixty-five of the acts of the year nineteen hun- 
dred and three, and to such further depths as may be 
required by the Charles river basin commission. The city Tunnels, etc., 
may lease such tunnels or conduits to, and make contracts '^^^ """^ leased. 



98 



Acts, 1906. — Chap. 131. 



When to take 
effect. 



Proviso. 



with, any persons or corporations for the use of the same, 
upon such terms and conditions as to the city mav seem 
reasonable. 

Section 2. This act shall take effect upon its accept- 
ance bv concurrent vote of the city council of the city of 
Cambridge: provided, that it is so accepted within sixty 
days after the date of its passage. 

Approved March G, 190G. 



Chaj).lSl Ax Act relative to wires axd electrical appliances ix 

THE CITY or PITTSFIELD. 



The city of 
Pittslield may 
cause certain 
wires, etc., to 
be removed 
or placed 
underjrrouud. 



To apply to a 
certain district. 



Be it enacted, etc., as follows: 

Section 1. The city council of the city of Pittsfield 
may by ordinance designate some officer or officers of the 
city who shall have exclusive authority to cause to be re- 
moved from the streets of the city, within the district 
hereinafter prescribed, all telegraph, telephone and elec- 
tric light, motor and power wires, cables and conductors, 
in or above said streets, and all poles and other structures 
in said streets used for the support of the same, except 
such structures, poles, ■s\'ires, cables and conductors as are 
hereinafter excepted. Such officer or officers shall grant 
all necessary permits for placing, maintaining and operat- 
ing such wires, cables and conductors in underground con- 
duits, subject to the ordinances of the city; and the board 
of public works of said city shall issue all permits for 
opening and occupying the streets in said city which may 
be necessary to carry out the intent of this provision, upon 
the application of the officer or officers first above men- 
tioned, or of any person or corporation interested. 

Section 2. The provisions of this act shall apply to 
that district in the city of Pittsfield which is bounded by 
a circumference whose centre is the point at the intersec- 
tion of the centre lines of Xorth, South and West streets, 
and whose radius is one half mile in length. xVnd said 
officer or officers, in the month of January, nineteen hun- 
dred eleven, and in each January thereafter, until the 
work in the said district is completed, shall prescribe, 
giving i)ublic notice thereof in at least one daily news- 
paper published in said city, by advertising therein twice 
a week for two successive weeks, a part of said district, 
comprising not less than one nor more than one and one 
half miles of streets, within which jjart all of said wires. 



Acts, 1906. — Chat. 131. 99 

cables and conductors, except those hereinafter excepted, 
shall, during that calendar year, be removed or placed 
underground; and said officer or officers shall cause the 
owner or users of such wires, cables and conductors, to 
remove them or put them underground, and also to re- 
move any poles or other structures used in the streets to 
support such wires, cables or conductors, except when in 
the judgment of said officer or officers it is impracticable 
or inexpedient to remove such wires, cables, poles, con- 
ductors or structures; it being the purpose and intent of 
this act ultimately to cause the removal from public streets, 
avenues and highways within said district, of all said wares, 
cables and conductors, except those hereinafter excepted. 

Section 3. All wires, cables and conductors, and all JeruiS'streets, 
poles and other structures used for the support of the same, etc. 
except such as are hereinafter excepted, shall prior to the 
first dav of Januarv, nineteen hundred and eleven, and 
within the limit of expenditure jirescribed in this section, 
be removed from or placed underground wdthin the follow- 
ing streets in said city, within the boundaries of the district 
specified in the preceding section : — Pearl street, between 
Cottage row and Fenn street ; ISTorth Pearl street, between 
the location of the Boston and Albany Railroad Company 
and Maplewood avenue; Fenn street, between Pearl and 
ISTorth streets ; Allen avenue ; Depot street ; Melville street, 
between ISTorth Pearl and i^orth streets; Summer street, 
betw^een ITorth street and Francis avenue; Francis ave- 
nue, between Summer street and Columbus avenue; and 
Xorth street, between West street and Maplewood avenue : 
provided, liowever, that no person or corporation shall be Proviso, 
required to do work under the provisions of this section 
involving the expenditure of more than twenty thousand 
dollars. 

Section 4. Xo person or corporation shall place any certain etruc 

, , ,^, s' l^ ij' • tures not to be 

poles or other structures lor the support ol any wires, placed iu pre- 
eables or conductors, except those herein specially excepted, except, etc!*^ ^' 
in any street or part thereof which has been prescribed as 
aforesaid, except temporarily and in an emergency, and 
with the consent of said officer or officers ; and if after the 
expiration of the calendar year in which such street or 
part thereof was so prescribed there shall remain therein 
any poles, wires, cables or conductors which said officer 
or officers shall have ordered to be removed, the said officer 
or officers shall cause the same to be removed ; and the city 



100 Acts, 1906. — Chap. 131. 

mav collect from the owners or users, bv an action at law, 
all expense incurred in such removal. 
bl™lntedYor Sectio^^ 5. Said officer or officers may at any time, 
removaiof upon application of any person, firm or corporation, duly 
authorized by law to lay or to erect and maintain, and 
maintaining, wires in the streets of said city, grant per- 
mits for the removal of any wires, cables, conductors, poles 
or other structures in any of the streets of said city, 
whether within or without the district specified in section 
two of this act, and for the placing of the same and any 
other necessary wires, cables and conductors or any ex- 
tensions thereof underground as herein provided; and the 
board of public works, after the granting of such permits, 
shall issue all permits for opening and occupying the 
streets in said city which may be necessary to carry out 
the intent of this provision, upon the application of the 
officer or offi-cers first above mentioned, or of any person 
or corporation interested. 
cLrtai'iAv?res!'' Section 6. This act shall not apply to long distance 
etc., nor ^_^ telephone wires, or to poles used exclusively for the sup- 
rights, port of lamps or for local distribution from underground 
wires, cables or conductors, or both, or to street railway 
trolley wires and their supports; nor shall it revoke any 
rights heretofore granted to any person, firm or corpora- 
tion to place or maintain any conduits, pipes, wires, cables 
or conductors underground; but any such conduits, pipes, 
wires, cables or conductors laid hereafter shall be laid 
subject to the provisions of this act, so far as they are not 
inconsistent with the terms of such grant. For the pur- 
pose of this act no wire shall be deemed a long distance 
tele^^hone wire Avhich does not extend twenty-five miles at 
least in a direct line from some central office. Poles used 
for local distribution from undergroimd wires, cables or 
conductors, shall be construed to mean poles set at or near 
the curb line of any street in which underground wires 
are placed, and such poles shall be set at intervals of not 
less than two hundred feet on the curb line, on eitlier side 
of any street, shall have suitable cross-arms for the at- 
tachment of distributing wires, and shall be of approved 
design. jSTo electric light or power company shall be re- 
quired to do work hereunder involving the expenditure of 
more than eight thousand dollars in any one year. 
Maps to be Section Y. When any person, firm or corporation op- 

flled in certain . . ^. •' ^ '. ,,^ ,^^ 

cases. eratmg or intending to operate wires, cables, conductors. 



Acts, 1906. — Chap. 132. 101 

or conduits, in said section of said city, shall desire or be 
required to place the same undergroimd in any street or 
highway in said section, and shall have been duly author- 
ized so to do, such person, firm or corporation shall file 
with the board of public works of said city a map or maps, 
made to scale, showing the streets or highways which are 
desired or required to be used for such purposes, and 
giving the location, dimensions and course of the under- 
ground conduit or conductor desired or required to be con- 
structed, which map or maps shall be satisfactory to and 
approved in writing by said board of public works before 
any opening shall be made in any such street or highway 
under such authority. 

Section 8. The mavor and aldermen of the citv shall Board of 

1 if'i 1 • ^ •• .'.. appeal. 

constitute a board oi appeal, to which petitions in writing 
may be presented by any person, firm or corporation ag- 
grieved by any act or decision of said officer or ofiicers 
hereunder. Such petition shall set forth the specific griev- 
ance or grievances relied upon, and shall be filed with the 
mayor within ten days after the act or decision complained 
of was done or made ; and said board after notice given as 
prescribed in section two of this act shall give a hearing 
thereon, and may either approve, annul or modify such 
act or decision. 

Section 9. The supreme judicial court or the superior Enforoement 
court, or any justice of either court, on petition of said ^^p^'*^^*^^'^^' 
ofiicer or ofiicers, shall have jurisdiction in equity to en- 
force the provisions of this act or any order of said offi- 
cer or officers issued hereunder, and to compel compliance 
therewith. 

Sectiox 10. This act shall take effect upon its passage. 

Approved March 7. 1906. 



(77z 029.132 



An Act making appropriations for salaries and expenses 
IN the office of the state board of education, and 

FOR SUNDRY EDUCATIONAL EXPENSES. 

Be it enacted, etc., as foUoirs: 

Section 1. The sums hereinafter mentioned are appro- Appropria- 
priated, to be paid out of the treasury of the Commonwealth 
from the ordinary revenue, for the purposes specified, for 
the eleven months ending on the thirtieth day of Novem- 
ber, nineteen hundred and six, to wit: — 



tions. 



102 



Acts, 1906. — Chap. 132. 



Secretary and 
agents of state 
board of 
education, etc. 



Contingent 
expenses, etc. 



Travelling 
expenses, etc. 



Expenses of 
employees. 



For the salaries of the secretary and agents of, and for 
clerical assistance to the state board of education, a sum 
not exceeding fifteen thousand five hundred eighty-three 
dollars and thirtj-three cents. 

For incidental and contingent expenses of the state board 
of education and of the secretary thereof, a sum not ex- 
ceeding eighteen hundred thirty-three dollars and thirty- 
three cents. 

For travelling and other expenses of the members of the 
state board of education, and for the purpose of gaining 
information regarding educational methods in other states, 
a sum not exceeding nine hundred sixteen dollars and 
sixty-six cents. 

For travelling expenses of employees under the direc- 
tion of the state board of education, a sum not exceed- 
ing eighteen hundred thirty-three dollars and thirty-three 
cents. 



state normal 

schools, 

Bridgewater. 



Fitchburg. 



Framingham. 



Ilvannls. 



Lowell. 



North Adams. 



Salem. 



Westfleld. 



SUPPORT OF STATE IfORMAL SCHOOLS. 

For the support of the state normal school at Bridge- 
water, a sum not exceeding forty-five thousand thirteen 
dollars and eighty-six cents. 

For the support of the state normal school at Fitch- 
burg, a sum not exceeding twenty-seven thousand three 
hundred and forty-eight dollars. 

For the support of the state normal school at Framing- 
ham, a sum not exceeding thirty-one thousand one hun- 
dred twenty-five dollars and eighty-five cents. 

For the support of the state normal school at Hyannis, 
a sum not exceeding twenty-one thousand five hundred and 
fifty-four dollars. 

For the support of the state normal school at Lowell, a 
sum not exceeding twenty-eight thousand seven hundred 
and forty dollars. 

For the support of the state normal school at Xorth 
Adams, a sum not exceeding twenty-nine thousand one 
hundred ninety-three dollars and eighty-nine cents. 

For the support of the state normal school at Salem, a 
sum not exceeding twenty-eight thousand two hundred 
seventy-seven dollars and two cents. 

For the support of the state normal school at Westfield, 
a sum not exceeding twenty-eight thousand three hundred 
twenty-five dollars and eighty-nine cents. 



Acts, 1906. — Chap. 132. 103 

For the support of the state normal school at Worcester, Worcester. 
a Slim not exceeding twentj-three thousand four hundred 
ninety-six dollars and seventy cents. 

For the support of the state normal art school, a sum state normal 
not exceeding twenty-nine thousand eighty-four dollars 
and eighty-two cents. 

For the expenses of teachers' institutes, a sum not ex- Teachers' 

.. -^ - institutes. 

ceedmg two thousand dollars. 

For the Massachusetts Teachers' Association, the sum Massachusetts 
of three hundred dollars, subject to the approval of the Assoc^rt^ion. 
state board of education. 

For the expenses of county teachers' associations, a sum county _ 
not exceeding seven hundred dollars. associations. 

For aid to pupils in state normal schools, a sum not ex- Aid to pupils. 
ceeding four thousand dollars, payable in semi-annual in- 
stalments, to be expended under the direction of the state 
board of education. 

To enable small towns to provide themselves with school fntendeutretc. 
superintendents, a sum not exceeding eighty-six thousand 
one hundred sixtv-six dollars and sixty-seven cents. 

For the education of deaf pupils of 'the Commonwealth ^elTpSis?^ 
in the schools designated by law, a sum not exceeding 
seventy-nine thousand seven hundred and fifty dollars. 

For school registers and other school blanks for the school blanks, 
cities and towns of the Commonwealth, a sum not exceed- 
ing twelve hundred dollars. 

For the printing and binding of the annual report of Annual report, 
the state board of education, a sum not exceeding three 
thousand dollars. 

For the payment of tuition of children in high schools Tuition, etc., 
outside of the town in which they live, in so far as such children in 
payment is provided for by section three of chapter forty- ^^ 
two of the Revised Laws, as amended by chapter four 
hundred and thirty-three of the acts of the year nineteen 
hundred and two, a sum not exceeding forty-four thou- 
sand four hundred fifty-eight dollars and thirty-three cents. 
And there may also be paid from this amount such sum 
as may be necessary to furnish or provide transportation 
to and from school for such children of school age as may 
be living on islands within the Commonwealth which are 
not provided with schools. 

For the Perkins Institution and Massachusetts School ^'j^on'amr"' 
for the Blind, as provided for by chapter nineteen of the Massachusetts 



104 



Acts, 190G. — Chap. 133. 



BUud. 

Instruction of 
aduit blind at 
their homes. 



School for the resolves of tlie year eighteen hundred and sixty-nine, the 
snm of twenty-seven thousand five hundred dollars. 

To provide for the instruction of the adult blind at 
their homes by the Perkins Institution and Massachusetts 
School for the Blind, the sum of forty-five hundred eighty- 
three dollars and thirty-four cents. 

Section 2. This act shall take effect upon its passage. 

Approved March 7, 1906. 



CAaw.lSB An Act making appropeiations for salaries and expenses 

IN THE DEPARTMENT OF THE ADJUTANT GENERAL, AND FOR 
SUNDRY MILITARY EXPENSES. 

Be it enacted, etc., as follows: 

Section 1. The sums hereinafter mentioned are appro- 
priated, to be paid out of the treasury of the Commonwealth 
from the ordinary revenue, for the purposes specified, for 
the eleven months ending on the thirtieth day of J^ovem- 
ber, nineteen hundred and six, to wit : — 

For the salary of the adjutant general, thirty-three hun- 
dred dollars. 

For the salaries of the five clerks in the adjutant gen- 
eral's department, seventy-five hundred sixteen dollars and 
sixty-six cents. 

For the salary of the messenger in the adjutant gen- 
eral's department, seven hundred thirty-three dollars and 
thirty-three cents. 

For such additional clerical assistance as the adjutant 
general may find necessary, and for the compensation of 
employees at the state arsenal, a sum not exceeding 
seventy-six hundred eight dollars and thirty-three cents. 

For incidental and contingent expenses in the adjutant 
general's department, a sum not exceeding thirty-two hun- 
dred eight dollars and thirty-three cents. 

For compensation of officers and men of the volunteer 
militia, a sum not exceeding one hundred and sixty-five 
thousand dollars. 

For the transportation of officers and men of the volun- 
teer militia, when on military duty, a sum not exceeding 
nineteen thousand dollars. 

For expenses in connection with the rifle practice of the 
volunteer militia, a sum not exceeding twenty-four thou- 
sand five hundred dollars. 



Appropria- 
tions. 



Adjutant 
general. 



Clerks. 



Messensrer. 



Clerical 
assistance. 



Expenses. 



Compensation 
of officers and 
men of the 
militia. 

Transporta- 
tion. 



Rifle practice. 



Acts, 1906. — Chap. 133. 105 

For an allowance to commissioned officers of the militia Allowance for 
toward the purchase of uniforms, a sum not exceeding 
seventeen thousand dollars. 

For allowance to officers of the militia for their care of careofprop- 
and responsibility for property of the Commonwealth, a 
sum not exceeding lifty-one hundred and fifty dollars. 

For allowance for and repairs of clothing for the volun- Repair of 
teer militia, a sum not exceeding ninety-six hundred dol- '^^ '°^'' 
lars. 

For rent of brigade and battalion headquarters and com- Rent of 

, T • J.1 • J. • 1 J. xi 1 headquarters. 

pany armories, a sum ngt exceeding thirty-eiglit tnousanu 
dollars. 

For heating, lighting, furnishing and caring for the Heating, 
armories recently erected in certain cities of the Common- ofarmOTies".'' 
wealth for the use of the volunteer militia, a sum not ex- 
ceeding forty-nine thousand five hundred dollars. 

For services of janitors of certain armories, a sum not Janitors of 

J ' armories. 

exceeding seven thousand dollars. 

For quartermasters' supplies, a sum not exceeding eleven Quarter- 
thousand dollars. supplies. 

For incidental and contingent exjDenses of the quarter- Expenses, 
master general's department, a sum not exceeding fifty- 
five hundred dollars. 

For expenses in connection with militarv accounts not Military 

* ticcoimts 

otherwise provided for, a sum not exceeding thirty-six 
hundred sixty-six dollars and sixty-six cents. 

For grading the camp ground and for care of the Grading and 
ground and buildings of the Commonwealth at Framing- ground.^ ^^ 
ham, a sum not exceeding two thousand dollars. 

For furnishing, repair and care of the United States steamerinca. 
steamer Inca, a sum not exceeding three thousand dollars. 

For giving instruction in riding to non-commissioned pflfng'^etT *° 
officers and others who are required by law to be mounted, 
a sum not exceeding two thousand dollars. 

For furnishing the officers and men of the organized n"iii™r"^°^° 
militia with uniform instruction in military authority, .authority, etc. 
organization and administration, and in the elements of 
military art, a sum not exceeding twenty-five hundred dol- 
lars. 

For the salary of the surgeon general, eleven hundred ^.p^f^^f 
dollars. 

For medical supplies for the use of the volunteer militia, Medical 

siiDuliGS etc 

and for incidental and contingent expenses of tlie surgeon 
general, including clerical service and the printing of the 



106 



Acts, 1906.— Chap. 134. 



Examination 
of recruits. 



Annual report. 



annual report, a sum not exceeding twentj-two hundred 
sixtj-eigHt dollars and seventy-five cents. 

For expenses in connection with the examination of 
recruits for the militia, a sum not exceeding twenty-three 
hundred eighty-three dollars and thirty-three cents. 

For the printing and binding of the annual report of 
the adjutant general, a sum not exceeding thirteen hun- 
dred dollars. 

Section 2. This act shall take effect upon its passage. 

Approved March 7, 1906. 



Appropria- 
tions. 



Cha2).lS4: An Act making appropriations for the care and mainte- 
nance OF BOULEVARDS AND PARKWAYS IN CHARGE OF THE 
METROPOLITAN PARK COMMISSION. 

Be it enacted, etc., as follows: 

Section 1. The sums liereinafter mentioned are appro- 
priated, to meet expenses in connection with the care and 
maintenance of boulevards and parkways in charge of the 
metropolitan park commission, during the eleven months 
ending on the thirtieth day of Xovember, nineteen hun- 
dred and six, one half of the said sums to be paid out of 
the current revenue and the other half to be assessed upon 
the metropolitan park district, as authorized by chapter 
four hundred and nineteen of the acts of the year eight- 
een hundred and ninety-nine, to wit : — 

For the salaries of the metropolitan park commission- 
ers, the sum of twenty-eight hundred and seventy-five dol- 
lars. For the salaries of the supervisor of construction, 
stenographers, clerks and messenger, a sum not exceeding 
fifty-five hundred and thirty-six dollars, and for extra 
clerical assistance, a sum not exceeding five hundred dol- 
lars. 

For travelling, office expenses and supplies, a sum not 
exceeding fifty-five hundred dollars. 

For labor, teaming and keep of horses, a sum not ex- 
ceeding twenty-seven thousand two hundred and seven- 
teen dollars. 

For the police, a sum not exceeding twenty-two thou- 
sand dollars. 

For lighting parkways and boulevards, a sum not ex- 
ceeding nineteen thousand five hundred dollars. 

For watering parkways and boulevards, a sum not ex- 
ceeding thirteen thousand one hundred and fifty dollars. 



Metropolitan 
park conimis- 
sioners, 
salaries, etc. 



Expenses and 
supplies. 

Labor, etc. 



Police. 



Liglitinp 
parlcways, etc. 



Watering 
parkways, etc. 



Acts, 1906. — Chap. 135. 107 



For sundry miscellaneous expenses, a sum not exceed- Expenses, 
ing fifty-six hundred and fifty dollars. 

For extermination of the gypsy and brown tail moths, Extermination 
a sum not exceeding thirty-two hundred dollars. motliTf^' ^ ^'' 

Section 2. This act shall take eifect upon its passage. 

Approved March 1 , 1906. 

An Act making appropriations for the care of reserva- (J/kuj ^35 

TIONS under the CONTROL OF THE METROPOLITAN PARK "^ ' 

commission. 
Be it enacted, etc., as follows: 

Section 1. The sums hereinafter mentioned are appro- Ann-opria- 
priated, to be paid out of the Metropolitan Parks Mainte- ^'^"*' 
nance Fund, for the care of resen^ations under the control 
of the metropolitan park commission, during the eleven 
months ending on the thirtieth day of ISTovember, nine- 
teen hundred and six, as provided for by chapter four 
hundred and nineteen of the acts of the year eighteen 
hundred and ninety-nine, to M'it : — 

For the salaries of the metropolitan park commission- Metropolitan 
ers, the sum of thirty-four hundred and fifty dollars. For |'{on''e,T""'' 
the salaries of the secretary, paymaster and clerks of said salaries, etc. 
commission, a sum not exceeding sixty-six hundred and 
thirty-seven dollars; and for extra clerical assistance, a 
sum not exceeding five hundred dollars. 

For travelling, office expenses and supplies, including Expenses and 
the printing and binding of the annual report, a sum not ^"pp^^®^- ^'^■• 
exceeding sixty-eight hundred dollars. 

For labor, teaming and keep of horses, a sum not ex- Labor, etc. 
ceeding sixty-nine thousand two hundred and two dollars. 

For the police under the charge of the metropolitan poiioe. 
park commission, a sum not exceeding fifty-two thousand 
dollars. 

For lighting the reservations, a sum not exceeding eleven Lighting 
thousand five ^hundred dollars. reservations. 

For watering roadways, a sum not exceeding six thou- watering 
sand and fifty dollars. roadways, etc. 

For miscellaneous expenses and supplies, a sum not ex- Expenses and 
ceeding fifteen thousand dollars. supplies. 

For exterminating the gypsy and brown tail moths, a Extermination 
sum not exceeding sixty-three thousand dollars. mo?hr"^' '^^"■' 

Section 2. This act shall take effect upon its passage. 

Approved March 7, 1906. 



108 



Acts, 1906.— Chaps. 136, 137 



Care and 
maintenance 
of Wellington 
bridge. 



Chap.136 Ax Act makixg an appropeiatiox fopv the care axd 

MAIX'TEX'AXCE OF WELLIN^GTOX^ BRIDGE BY THE METROPOLI- 
TAN^ PARK COMMISSION. 

Be it enacted, etc., as follows: 

Section 1. A sum not exceeding tliirtv-three hnndred 
and twenty-five dollars is hereby appropriated, to be i)aid 
ont of the Metropolitan Parks System, Wellington Bridge 
Maintenance Fund, for the care and maintenance of Well- 
ington bridge by the metropolitan park commission, for 
the eleven months ending on the thirtieth day of Xovem- 
ber, nineteen hundred and six, in accordance with the 
provisions of chapter four hundred and ninety-one of the 
acts of the year nineteen hundred and one. 

Section 2. This act shall take effect upon its passage. 

Approved March 7, 1906. 



Appropria- 
tions. 



Chcqy.lSl Ax Act makix'g appeopriatiox^s for the care and mainte- 

X'AN'CE OF THE NANTASKET BEACH RESERVATIOX^ BY THE 
METROPOLITAN PARK COMMISSION. 

Be if enacted, etc., as folloivs: 

Section^ 1. The sums hereinafter mentioned are appro- 
priated, to be paid out of the Metropolitan Parks System, 
l^antasket Maintenance Fund, for the care and mainte- 
nance of ISTantasket beach by the metropolitan park com- 
mission, during the eleven months ending on the thirtieth 
day of November, nineteen hundred and six, these amoiuits 
to be repaid to the Commonwealth by the cities and towns 
in the metropolitan district, in accordance with the pro- 
visions of chapter four hundred and sixty-four of the acts 
of the year eighteen hundred and ninety-nine, to wit : — 

For the police, a sum not exceeding ten thousand two 
hundred dollars. 

For sundry miscellaneous expenses and supplies, a sum 
not exceeding ninety-six hundred dollars. 

For necessary repairs to Xantasket avenue, a sum not 
exceeding fifteen hundred dollars. 

Section 2. This act shall take effect u}X)n its passage. 

Approved March 1, 1906. 



Nantasket 
beach police. 

Expenses and 
supplies. 

Repairs. 



Acts, 1906. — Chap. 138. 109 



An Act making appropriations for salaries and expenses (JJiap.lSS 

IN THE judicial DEPARTMENT OF THE COMMONWEALTH. 

Be it enacted, etc., as follows: 

Section 1. The sinns hereinafter mentioned are appro- Appropria- 
priated, to be paid out of the treasury of the Commonwealth 
from the ordinary revenue, for the purposes specified, for 
the eleven months ending on the thirtieth day of Novem- 
ber, nineteen hundred and six, to wit : — 

SUPREME JUDICIAL COURT. 

For the salaries and travelling expenses of the chief and^'aisociafe 
iustice and of the six associate iustices of the supreme justices of the 
judicial court, fifty-four thousand nine hundred ninety- judicial court, 
nine dollars and ninety-nine cents. 

For the salary of the clerk of the supreme judicial cierk. 
court, twenty-seven hundred and fifty dollars. 

For clerical assistance to the clerk of the supreme judi- assfstanceto 
cial court, four hundred fifty-eight dollars and thirty-three clerk, 
cents. 

For clerical assistance to the justices of the supreme Clerical 

-,..-, ^ . T J. J. J. 1 T J assistance to 

judicial court, a sum not exceeding twenty-two hundred justices. 
ninety-one dollars and sixty-six cents. 

For expenses of the supreme judicial court, a sum not Expenses. 
exceeding eighteen hundred thirty-three dollars and thirty- 
three cents. 

For the salary of the reporter of decisions of the su- Reporter of 
preme judicial court, thirty-six hundred sixty-six dollars ^^'®^*^°®' 
and sixty-six cents ; and for clerk hire and incidental ex- 
penses of said reporter, a sum not exceeding eighteen hun- 
dred thirty-three dollars and thirty-three cents. 

For the salaries of the officers and messenger of the officers and 
supreme judicial court, twenty-two hundred dollars. messenger. 

F£)r the salary of the clerk of the supreme judicial gigoik^'countv. 
court for the county of Sufi^olk, thirteen hundred and 
seventy-five dollars. 

For the salary of the retired justice of the supreme Retired justice, 
judicial court, forty-eight hundred twelve dollars and fifty 
cents. 

SUPEEIOK COURT. 

For the salaries and travelling expenses of the chief f^g^fcgg'" *^°^'^^' 
justice and of the twenty-two associate justices of the 



110 



Acts, 1906. — Chap. 138. 



Assistant 
clerk. 



Judge of 
probate and 
insolvencv, 
Barnstable. 

Berkshire. 



Bristol. 



Dukes County. 



Essex. 



Franklin. 



Hampden. 



Hampshire. 



Middlesex. 



Nantucket. 



Norfolk. 



Plymouth. 



Suffolk. 



superior court, one hundred forty-eight thousand forty- 
one dollars and sixty-six cents. 

For the salary of the assistant clerk of the superior 
court, four hundred fifty-eight dollars and thirty-three 
cents. 

COURTS OF PKOBATB AND INSOLVEXCY. 

For the salary of the judge of probate and insolvency 
for the county of Barnstable, twelve hundred eighty-three 
dollars and thirty-three cents. 

For the salary of the judge of probate and insolvency 
for the county of Berkshire, twenty-two hundred ninety- 
one dollars and sixty-six cents. 

For the salary of the judge of probate and insolvency 
for the county of Bristol, three thousand six hundred sixty- 
six dollars and sixty-six cents. 

For the salary of the judge of probate and insolvency 
for the county of Dukes County, eight hundred and twenty- 
five dollars. 

For the salary of the judge of probate and insolvency 
for the county of Essex, forty-one hundred and twenty- 
five dollars. 

For the salary of the judge of probate and insolvency 
for the county of Franklin, thirteen hundred and seventy- 
five dollars. 

For the salary of the judge of probate and insolvency 
for the county of Hampden, twenty-nine hundred thirty- 
three dollars and thirty-three cents. 

For the salary of the judge of probate and insolvency 
for the county of Hampshire, fifteen hundred fifty-eight 
dollars and thirty-three cents. 

For the salaries of the two judges of probate and in- 
solvency for the county of Middlesex, ninety-one hundred 
sixty-six dollars and sixty-six cents. 

For the salary of the judge of probate and insolvency 
for the county of jSTantucket, eight hundred and twenty- 
five dollars. 

For the salary of the judge of probate and insolvency 
for the county of Norfolk, thirty-six hundred sixty-six 
dollars and sixty-six cents. 

For the salary of the judge of probate and insolvency 
for the county of Plymouth, twenty-one hundred eight 
dollars and thirty-three cents. 

For the salaries of the two judges of probate and in- 
solvency for the county of Suffolk, eleven thousand dollars. 



Acts, 1906. — Chap. 138. Ill 

For the salary of the judge of probate and insolvency Worcester, 
for the county of Worcester, forty-one hundred and twenty- 
five dollars. 

For the compensation of judges of probate and insol- fn^ofhlr^^""^ 
vency acting in other counties than their o%\'n, a sum not counties, 
exceeding twenty-seven hundred and fifty dollars. 

For the salary of the register of probate and insolvency Register, 
for the county of Barnstable, eleven hundred ninety-one 
dollars and sixty-six cents. 

For the salary of the register of probate and insolvency Berkshire, 
for the county of Berkshire, sixteen hundred and fifty 
dollars. 

For the salary of the register of probate and insolvency Bristol, 
for the county of Bristol, three thousand and twenty-five 
dollars. 

For the salary of the register of probate and insolvency Dukes County, 
for the county of Dukes County, seven hundred thirty- 
three dollars and thirty-three cents. 

For the salary of the register of probate and insolvency Essex, 
for the county of Essex, thirty-two hundred eight dollars 
and thirty-three cents. 

For the salary of the register of probate and insolvency rrankiin. 
for the county of Franklin, thirteen hundred and seventy- 
five dollars. 

For the salary of the register of probate and insolvency Hampden, 
for the county of Hampden, twenty-three hundred eighty- 
three dollars and thirty-three cents. 

For the salary of the register of probate and insolvency Hampshire, 
for the county of Hampshire, fourteen hundred sixty-six 
dollars and sixty-six cents. 

For the salary of the register of probate and insolvency Middlesex. 
for the county of Middlesex, thirty-six hundred sixty-six 
dollars and sixty-six cents. 

For the salary of the register of probate and insolvency Nantucket, 
for the county of ISTantucket, eight hundred and twenty- 
five dollars. 

For the salary of the register of probate and insolvency Norfolk, 
for the county of Norfolk, twenty-one hundred eight dol- 
lars and thirty-three cents. 

For the salary of the register of probate and insolvency Plymouth, 
for the county of Plymouth, seventeen hundred forty-one 
dollars and sixty-six cents. 

For the salary of the register of probate and insolvency SuflFoik. 
for the county of Suffolk, forty-five hundred eighty-three 
dollars and thirtv-three cents. 



112 

Worcester. 



Assistant 

register, 

Berksliire. 



Bristol. 



Essex. 



Franklin. 



Hampden. 



Hampshire. 



Middlesex. 



Norfolk. 



Suffolk. 



Worcester. 



Clerical 

assistance, 

Bristol. 



Essex. 



Hampden. 



Middlesex. 



Acts, 1906. — Chap. 138. 

For the salary of the register of probate and insolvency 
for the eoiinty of Worcester, thirty-two hundred eight dol- 
lars and thirty-three cents. 

For the salary of the assistant register of probate and 
insolvency for the county of Berkshire, seven hundred 
thirty-three dollars and thirty-three cents. 

For the salary of the assistant register of probate and 
insolvency for the county of Bristol, fifteen hundred twelve 
dollars and fifty cents. 

For the salary of the assistant register of probate and 
insolvency for the county of Essex, twenty-one hundred 
eight dollars and thirty-three cents. 

For the salary of the assistant register of probate and 
insolvency for the county of Franklin, five hundred and 
fifty dollars. 

For the salary of the assistant register of probate and 
insolvency for the county of Hampden, eleven hundred 
ninety-one dollars and sixty-six cents. 

For the salary of the assistant register of probate and 
insolvency for the county of Hampshire, six hundred forty- 
one dollars and sixty-six cents. 

For the salaries of the assistant registers of probate and 
insolvency for the county of Middlesex, forty-five hundred 
eighty-three dollars and thirty-three cents. 

For the salary of the assistant register of probate and 
insolvency for the county of I^Torfolk, ten hundred fifty- 
four dollars and sixteen cents. 

For the salary of the assistant register of probate and 
insolvency for the county of Suffolk, twenty-five hundred 
sixty-six dollars and sixty-six cents. 

For the salary of the assistant register of probate and 
insolvency for the county of Worcester, twenty-one hun- 
dred eight dollars and thirty-three cents. 

For extra clerical assistance to the register of probate 
and insolvency for the county of Bristol, a sum not ex- 
ceeding three hundred sixty-six dollars and sixty-six cents. 

For extra clerical assistance to the register of probate 
and insolvency for the county of Essex, a sum not exceed- 
ing three thousand seventy dollars and eighty-three cents. 

For extra clerical assistance to the register of probate 
and insolvency for the county of Hampden, a sum not 
exceeding five hundred and fifty dollars. 

For extra clerical assistance to the register of probate 
and insolvency for the county of Middlesex, a sum not 



Acts, 1906. — Chap. 138. 113 

exceeding five thousand forty-one dollars and sixty-six 
cents. 

For extra clerical assistance to the register of probate Norfolk, 
and insolvency for the county of Xorfolk, a sum not ex- 
ceeding eleven hundred dollars. 

For extra clerical assistance to the register of probate Plymouth, 
and insolvency for the county of Plymouth, a sum not 
exceeding eight hundred and twenty-five dollars. 

For extra clerical assistance to the register of probate Suffolk. 
and insolvency for the county of Suffolk, a sum not ex- 
ceeding forty-six hundred and seventy-five dollars. 

For extra clerical assistance to the register of probate Worcester. 
and insolvency for the county of Worcester, a sum not 
exceeding three thousand seventy dollars and eighty-three 
cents. 

For the salary of the clerk of the register of i:)robate cierkof 
and insolvency for the county of Suffolk, eleven hundred sulroik^' 
dollars. 

For extra clerical assistance to the courts of probate Extr.a ciericid 
and insolvency in the several counties of the Common- '^^^'^ °*'*^' ^^^' 
w^ealth, excepting Suffolk county, a sum not exceeding ten 
thousand three hundred eighty-eight dollars and eighty- 
eight cents. 

For expenses of courts of probate and insolvency, a Expenses, 
sum not exceeding thirty-two hundred eight dollars and 
thirty-three cents. 

DISTKICT ATTORNEYS. 

For the salary of the district attorney for the Suffolk i>istrict 
district, forty-five hundred eighty-three dollars and thirty- Suffolk: 
three cents. 

For the salary of the first assistant district attorney for rirst 
the Suffolk district, thirty-four hundred eighty-three dol- «^^**^^^'^'- 
lars and thirty-three cents. 

For the salary of the second assistant district attorney second 
for the Suffolk district, thirty-four hundred eighty-three 
dollars and thirty-three cents. 

For the salary of the clerk of the district attorney for cierk. 
the Suffolk district, sixteen hundred and fifty dollars. 

For the salary of the district attorney for the northern Nortiiem 
district, twenty-seven hundred and fifty dollars. district. 

For the salary of the assistant district attorney for the Assistant. 
northern district, eighteen hundred thirty-three dollars and 
thirtv-three cents. 



114 



Acts, 1906. — Chap. 138. 



Eastern 
district. 



AssiBtant. 



Southeastern 
district. 



Assistant. 



Southern 
district. 



Assistant. 



Middle 
district. 



Western 
district. 



Northwestern 
district. 



Travelling 
expenses, etc. 



For the salary of the district attorney for the eastern 
district, twenty-two hundred dollars. 

For the salary of the assistant district attorney for the 
eastern district, fourteen hundred sixty-six dollars and 
sixty-six cents. 

For the salary of the district attorney for the south- 
eastern district, twenty-two hundred dollars. 

For the salary of the assistant district attorney for the 
southeastern district, fourteen hundred sixty-six dollars 
and sixty-six cents. 

For the salary of the district attorney for the southern 
district, twenty-two hundred dollars. 

For the salary of the assistant district attorney for the 
southern district, fourteen hundred sixty-six dollars and 
sixty-six cents. 

For the salary of the district attorney for the middle 
district, twenty-two hundred dollars. 

For the salary of the assistant district attorney for the 
middle district, fourteen hundred sixty-six dollars and 
sixty-six cents. 

For the salary of the district attorney for the western 
district, twenty-two hundred dollars. 

For the salary of the district attorney for the north- 
western district, twelve hundred thirty-seven dollars and 
fifty cents. 

For travelling expenses necessarily incurred by the dis- 
trict attorneys and assistant district attorneys, except in 
the Suffolk district, a sum not exceeding thirteen hundred 
and seventy-five dollars. 



Judge of land 
court. 

Associate 
judge. 

Recorder. 



Clerical 
assistance. 

Expenses. 



LAND COURT. 

For the salary of the judge of the land court, forty-one 
hundred and twenty-five dollars. 

For the salary of the associate judge of the land court, 
forty-one hundred and twenty-five dollars. 

For the salary of the recorder of the land court, forty- 
one hundred and twenty-five dollars. 

For clerical assistance in the office of the land court, 
a sum not exceeding forty-eight hundred dollars. 

For sheriff's bills, advertising, surveying, examining 
titles, and sundry incidental expenses, a sum not exceed- 
ing thirteen thousand seven hundred and fifty dollars. 

Section 2. This act shall take effect upon its passage. 

Approved March 7, 1900. 



Acts, 1906. — Chaps. 139, 140. 115 



An Act to authokize associations of firemen to parade (77^^r>J39 

WITH MUSIC ON THE SECOND SUNDAY OF JUNE. 

Be it enacted, etc., as follows: 

Section 1. It shall be lawful for any company or Associations of 
association of firemen, whether in active service or former parade on'lL 
members of a fire department, to parade with music on of j^uue?'^ '^^ 
the second Sunday of June in each year, that day being- 
known as Firemen's Memorial Day, for the special pur- 
pose of decorating the graves of deceased firemen: pro- Proviso. 
vided, however, that the music shall be suspended in 
passing within two hundred feet of any place of public 
worship in which services are being held. 

Section 2. This act shall take eifect upon its passage. 

Approved March 7, 1900. 

An Act making appropriations for deficiencies in ap- (JJkij) I^Q 
propriations for sundry expenses authorized in the ^ ' 

year nineteen hundred and five. 

Be it enacted, etc., as follows: 

Section 1. The sums hereinafter mentioned are appro- Appropria- 
priated, to be i:)aid out of the treasury of the Commonwealth *'*'°^' 
from the ordinary revenue, for the following purposes, to 
wit : — 

For current expenses at the state farm, the sum of state farm, 
sixty-eight hundred fifty-five dollars and ninety-nine cents. 

For laying a conduit at the Lyman school for boys, Lyman school 
the sum of five hundred seventy dollars and seventj^-four °^ '°^^' 
cents. 

For expenses in connection with boarding out girls by Lymanand 
the trustees of the Lyman and industrial schools, the sum school"" 
of three hundred seven dollars and twenty-four cents. 

For travelling and other expenses of the trustees of the Massachusetts 

Massachusetts Agricultural College, the sum of two hun- college.*"™^ 

dred thirteen dollars and one cent. 

For repairs of state highways under control of the hisrh- ??^t*^ 

^ , . ^ . " highways. 

way commission, the sum of twenty-six hundred twenty- 
one dollars and eighty-six cents, to be paid out of the 
appropriation for repairs of state highways for the pres- 
ent year. 

For expenses in connection with licensing automobiles, Automobiles, 
the sum of nine hundred forty-five dollars and forty-five 
cents. 



IIG 



Acts, 190G. — Chap. 141. 



Expenses of 

highway 

commission. 



State forester. 



Steamer 
LexiuErton. 



Land court. 



Tuition of 
certain school 
children. 



Purchase of 
paper. 



Damages by- 
wild deer. 



State armories. 



For travelling and other expenses of the state highway 
commission, postage, printing and necessary office expenses, 
five hundred twenty-five dollars and thirty-four cents. 

For expenses of the state forester, five hundred forty- 
four dollars and five cents. 

For expenses of the steamer Lexington, the sum of two 
hundred dollars. 

For expenses of the land court, the sum of twenty-one 
hundred four dollars and three cents. 

For tuition of children attending a high school outside 
of the town in which they reside, the sum of four hundred 
dollars and fifty-five cents. 

For paper purchased for the use of the Commonwealth 
in doing the state printing, the sum of two thousand 
sixty-eight dollars and ninety-six cents. 

For damages by wild deer, the sum of five hundred and 
twenty-five dollars. 

For expenses of state armories, the sum of thirty-six 
hundred thirty-eight dollars and seventy-five cents. 

Section 2. This act shall take effect upon its passage. 

Approved March 1 , 1906. 



Chcip.l4:l -^N Act to prevext the extermination of the heath 

HEN, SO-CALLED, 



Taking, etc., 
of the heath 
hen pro- 
hibited. 



Repeal. 



Penalty. 



When to take 
effect. 



Be it enacted, etc., as follows: 

Section 1. It shall be unlawful to hunt, take or kill 
that species of pinnated grouse commonly called heath hen, 
and scientifically known as Tympanuchus cupido, or to 
buy, sell, otherwise dispose of, or have in possession the 
same or any part thereof, previous to the first day of 
November in the year nineteen hundred and eleven. 

Section 2. So much of section four of chapter ninety- 
two of the Revised Laws as is inconsistent herewith is 
hereby repealed. 

Section 3. Whoever violates any provision of this act 
shall be punished by a fine of one hundred dollars for each 
bird or part thereof in respect to which such violation 
occurs. 

Section 4. This act shall take effect five days after 
its passage. Approved March 7, 1906. 



Acts, 190G. — Chaps. 142, US. 117 



An Act to authorize the town of braintree to provide CJiap.'\_42 

FOR THE PAYMENT OF ITS WATER LOAN BY ANNUAL PRO- 
PORTIONATE PAYMENTS. 

Be it enacted, etc., as follows: 

Section 1. Seetion one of chapter three himdrcd and j^^ifjcndljd.^ ^' 
sixtj-two of the acts of the year nineteen hundred and five 
is hereby amended by inserting after the word " five ", in 
the eleventh line, the words : — or section six, — so as to 
read as follows: — Section 1. The town of Braintree, for Braintrec 
the purpose mentioned in section one of chapter two him- Aaofiaolf' 
dred and seventeen of the acts of the year eighteen hun- 
dred and eighty-five, may issue notes, bonds or scrip, to 
be denominated on the face thereof, Braintree Water Loan, 
Act of 1905, to an amount not exceeding ten thousand 
dollars, in addition to the amounts heretofore authorized 
to be issued by said town for the purpose of supplying 
itself and its inhabitants with water. Such notes, bonds 
or scrip shall be issued upon the terms and conditions and 
with the powers specified in section five or section six of 
said chapter; and the whole amount of such notes, bonds 
or scrip, together with those heretofore issued by the town 
for the purpose of supplying itself and its inhabitants with 
water, shall not in any event exceed the sum of two hun- 
dred and sixty-six thousand dollars. 

Section 2. This act shall take effect upon its passage. 

Approved March 8, 190G. 



Chap.US 



An Act to incorporate the edgartown water company. 
Be it enacted, etc., as follows: 

Section 1. Thomas J. Walker, Charles H. Marchant, Edgartown 

. • ■ Water 

Walter S. Osborn, Benjamin G. Collins and William M. company 
Butler, their associates and successors, are hereby made a ^^'^^'^p'^^'^ ^ 
corporation by the name of the Edgartown Water Com- 
pany, for the purpose of supplying the inhabitants of the 
town of Edgartown, or any part thereof, with water for 
domestic, manufacturing and other purposes, including the 
extinguishment of fires ; with all the powers and privi- 
leges and subject to all the duties, restrictions and liabili- 
ties set forth in all general laws now or hereafter in force 
aj^plicable to such corporations. 

Section 2. Said corporation, for the jDurposes afore- May take 
said, may take, by purchase or otherwise, and hold the etc.'^*'^ '^° *' 



118 



Acts, 1906. — Chap. 113. 



Proviso. 



May lay 
conduits, 
pipes, etc 



waters, or so much thereof as may be necessary, of anv 
ponds, sjjrings, streams, wells or any filter galleries or 
wells that may be constructed upon the shore of any pond, 
or near to any spring or stream within the limits of the 
said town, together with any water rights connected there- 
with, and also all lands, rights of way and easements 
necessary for holding and preserving such water and for 
conveying the same to any part of said town, and may 
erect on the land thus taken or held proper dams, build- 
ings, fixtures and other structures, and may make excava- 
tions, procure and operate machinery, and provide such 
other means and ap])]iances as may be necessary for the 
establishment and maintenance of complete and effective 
Avater works: provided, however, that no source of water 
supply for domestic pur]wses or lands necessary for pre- 
serving the quality of such water shall be purchased or 
taken under this act without the consent of the state board 
of health, and that the location of all dams, reservoirs, 
wells or other works for collecting or storing water shall 
be subject to the approval of said board. 

Section 3. Said corporation may construct and lay 
conduits, pipes and other works, under or over any lands, 
water courses, railroads, railways or public or private 
ways, and along any such ways in such manner as not 
unnecessarily to obstruct the same ; and for the purpose 
of constructing, maintaining and repairing such conduits, 
pipes and other works, and for all proper purposes of this 
act, said corporation may dig up any such lands and ways : 
provided, hoirever, that said company shall not enter upon 
and dig up any public ways except Avith the approval of 
the board of selectmen of the to\Mi in which such ways 
are situated, after a public hearing by said board, of which 
at least ten days' notice shall be given by publishing an 
attested copy of said notice in a newspaper published in 
said toAATi, if any, and by posting an attested copy of said 
notice in at least five public places in said town ; but no 
hearing shall be necessary in cases where said ways are 
to be entered upon and dug up by said company for the 
purpose of constructing extensions to its plant or of main- 
taining and repairing such conduits, pipes and otlier works. 
Description of Section 4. Said Corporation shall, within ninetv davs 

lands, etc., . ^ ' "-.■,' 

to be recorded, after the taking of any lands, rights of way, water rights, 
water sources or easements as aforesaid, otherwise than by 
purchase, file and cause to be recorded in the registry of 



Proviso. 



Acts, 1906. — Chap. 143. 119 

deeds for the county of Dukes County a description thereof 
sufficiently accurate for identification, with a statement of 
the purpose for which the same were taken, signed by the 
president of the corporation. 

Section" 5. Said corporation shall pay all damages to Damages, etc. 
property sustained by any person, firm or corporation by 
the taking of any land, right of way, water, water sources, 
water right or easement, or by any other thing done by 
said corporation under the authority of this act. Any 
person, firm or corporation sustaining damages as afore- 
said, who fails to agree with said corporation as to the 
amount thereof, may have the same assessed and deter- 
mined in the manner provided by law in the case of land 
taken for the laying out of highways, on application at 
any time within three years from the taking of such land 
or other property or the doing of any other injury under 
authority of this act ; but no such application shall be 
made after the expiration of the said three years, i^o ap- 
plication for the assessment of damages shall be made for 
the taking of any water, water right or water source, or 
for any injury thereto, until the water is actually with- 
drawn or diverted under authority of this act. Said cor- 
poration may by vote, from time to time, determine what 
amount or quantity of water it proposes to take and ap- 
propriate under this act; in Avhich case any damages 
caused by such taking shall be based upon such amount 
or quantity until the same shall be increased by vote or 
otherwise, and in such event said corporation shall be fur- 
ther liable only for the additional damages caused by such 
additional taking. 

Section 6. Said corporation may distribute said water Distribution 
through said town or any part thereof, and may regulate 
the use of the same and fix and collect w^ater rates to be 
paid therefor. And said town, or any person, firm or 
corporation, or any fire district legally organized in said 
to^vn, may make such contracts with said water company 
to supply water for the extinguishment of fires or for 
other purposes as may be agreed upon by the parties. 

Section 7. Said corporation may, for the purposes set Real estate 
forth in this act, hold real estate not exceeding in amount stock.' 
fifteen thousand dollars; and the whole capital stock of 
said corporation shall not exceed fifty thousand dollars, 
to be divided into shares of one hundred dollars each. 



120 



Acts, 1906. — Chap. 143. 



Certificate of 
payment of 
capital to be 
filed. 



May issue 
bonds, etc. 



Amount of 
bonds to be 
issued, etc 



Penalty for 
pollution of 
water, etc. 



Sectiox S. Immediately after the payment of the cap- 
ital stock of said company a certificate of that fact and of 
the manner in which the same has been paid in, and, at 
the time of making the certificate, has been invested, signed 
and sworn to by the president, treasurer and a majority at 
least of the directors, and approved by the commissioner of 
corporations, shall be filed in the office of the secretary 
of the Commonwealth. A conveyance to the corporation 
of property, real or personal, at a fair valuation, shall be 
deemed a sufficient paying in of the capital stock to the 
extent of such value, if a statement is included in the cer- 
tificate, made, signed and sworn to by its president, treas- 
urer and a majority of its directors, giving a description 
of such property and the value at which it has been taken 
in payment, in such detail as the commissioner of corpora- 
tions shall require or approve, and endorsed with his cer- 
tificate that he is satisfied that said valuation is fair and 
reasonable. 

Section 9. Said corporation may issue bonds and may 
secure the same by a mortgage of its franchise and other 
property to an amount not exceeding its capital stock actu- 
ally paid in. The proceeds of all bonds so issued shall be 
expended only in the extension of the Avorks of the com- 
pany and in payment of expenditures actually made in the 
construction of the works, over and above the amount of 
the capital stock actually paid in. 

Section 10. The capital stock and bonds hereinbefore 
authorized shall be issued only in such amounts as may 
from time to time, upon investigation by the commissioner 
of corporations, be deemed by him to be reasonably requi- 
site for the purposes for which such issue of stock or 
bonds has been authorized. His decision approving such 
issue shall specify the respective amounts of stock and 
bonds authorized to be issued, and the purposes to which 
the proceeds thereof are to be applied. A certificate set- 
ting forth his decision shall be filed in the office of the 
secretary of the Commonw^ealth before the certificates of 
stock or the bonds are issued, and the proceeds of such 
stock or bonds shall not be applied to any purpose not 
specified in such decision. 

Section 11. Whoever wilfully or wantonly corrupts, 
pollutes or diverts any water taken or held under this act, 
or injures any structure, work or other property owned, 
held or used by said corporation under authority of this 



Acts, 1906. — Chap. 143. 121 

act, shall forfeit and paj to said corporation three times 
the amount of damages assessed therefor, to be recovered 
in an action of tort ; and upon being convicted of any of 
the above wilful or wanton acts shall be punished by a fine 
not exceeding three hundred dollars or by imprisonment 
in jail for a term not exceeding one year. 

Section 12. The town of Edgartown shall have the Town may 
right, at any time during the continuance of the charter property, etc. ' 
hereby granted, to take, by purchase or otherwise, the 
franchise, corporate property and all the rights and privi- 
leges of said corporation, on payment to said corporation 
of the total actual cost of its franchise, works and prop- 
erty of any kind held under the provisions of this act, 
including in such cost interest on each expenditure from 
its date to the date of taking, as hereinafter provided, 
at the rate of five per cent per annum. If the cost of 
maintaining and operating the works of said corporation 
shall exceed in any year the income derived from said 
works by said corporation for that year, then such excess 
shall be added to the total actual cost ; and if the income 
derived from said works by said corporation exceeds in 
any year the cost of maintaining and operating said works 
for that year, then such excess shall be deducted from the 
total actual cost. The town, on taking as herein provided ag^^gu^p" ^"^ 
the property of said corporation, shall assume all of its outstandiug 

^^ "^ T T • •1T11 1 1 • -I • obligations, 

outstanding obligations, including the bonds authorized m etc. 
this act ; and the amount thus assumed shall be deducted 
from the total amount to be paid by said town to said 
corporation. An itemized statement of the receipts and recefpts'^et'c* 
expenditures of said corporation shall annually be sub- to be furnished 

•111 ^1 cT-ii 11 annually. 

mitted to the selectmen oi the town oi Edgartown, and by 

said selectmen to the citizens of said to^^^l. In case said ^^icia^court 

town and said corporation are unable to agree upon the p^ay flx.cost 

ID CGl*LtllIl 

amount of the total actual cost of the franchise, corporate cases. 
property, rights and privileges of said corporation, then, 
upon a suit in equity by said town, the supreme judicial 
court shall ascertain and fix such total actual cost under 
the foregoing provisions of this act, and enforce the right 
of said to^vn to take possession of such franchise, corporate 
property, rights and privileges, upon payment of such cost 
to said corporation. This authority to take said franchise 
and property is granted on condition that the same is as- 
sented to by said town by a two thirds vote of the voters 
present and voting thereon at a meeting called for that 
purpose. 



122 



Acts, 1906. — Chap. 143. 



payments, etc. 



^aferLoan. Section 13. Said towii may, for the pin-pose of pav- 

ing the cost of said franchise and corporate property, and 
the necessary expenses and liabilities incurred under the 
pro\asions of this act, issue from time to time bonds, notes 
or scrip, to an amount not exceeding in the aggregate 
seventy-five thousand dollars. Such bonds, notes or scrip 
shall bear on their face the words, Edgartown Water Loan ; 
shall be payable at the expiration of periods not exceed- 
ing thirty years from the date of issue ; shall bear in- 
terest payable semi-annually, at a rate not exceeding live 
per cent per annum, and shall be signed by the treasurer 
of the town and countersigned by the water commission- 
ers hereinafter pro\4ded for. Said town may sell such 
securities at public or private sale, or pledge the same for 
money borrowed for the purposes of this act, upon such 
paymentlff**''* tcrms and conditions as it may deem proper. Said town 
loan iu annual shall pay the interest upon said loan as it accrues, and 

t>avments. etc. i. J ,^.. •in •i/'i 

shall at the time of authorizing said loan provide lor the 
payment thereof in such annual proportionate payments, 
beginning not more than live years after the first issue of 
such bonds, notes or scrip, as will extinguish the same 
within the time prescribed by this act; and when a vote 
to that effect has been passed, a sum which with the in- 
come derived from water rates will be sufficient to pay 
the annual expense of operating its water works and the 
interest as it accrues on the bonds, notes and scrip issued 
as aforesaid by said town, and to make such payments on 
the principal as may be required under the provisions of 
this act shall, without further vote, be assessed by the 
assessors of said to^\^l in each year thereafter, in the same 
manner in which other taxes are assessed under the pro- 
visions of section thirty-seven of chapter twelve of the 
Revised Laws, until the debt incurred by said loan is ex- 
tinguished. 

Sectiox 14. Said town shall, after its purchase of 
said franchise and corporate property, as provided in this 
act, at a legal meeting called for the purpose elect by bal- 
lot three persons to hold office, one until the expiration of 
three years, one until the expiration of two years and one 
until the expiration of one year from the next succeeding 
annual town meeting, to constitute a board of water com- 
missioners; and at each annual town meeting thereafter 
one such commissioner shall be elected by ballot for the 
term of three years. 



Board of water 
commis- 
sioners, elec- 
tion, term, etc. 



Acts, 1906. — Chap. 144. 123 

Section 15. All the authority granted to the said town Authority 
by this act and not otherwise specifically provided for shall lommis" ^^ '"^ 
be vested in said water commissioners, wdio shall be sub- ^*<'°*"'^- 
ject however to such restrictions, rules and regulations as 
said town may impose by its vote. A majority of said 
commissioners shall constitute a quorum for the trans- 
action of business. Any vacancy occurring in said board 
for any cause may be filled for the remainder of the un- 
expired term by said town at any legal town meeting called 
for the purpose. 

Section 16. This act shall take effect upon its passage, when to take 
but shall become void unless said water company shall 
have begun to distribute water through its pipes to con- 
sumers in said town within three years after the date of 
its passage. Approved March 8, 1906. 

An Act to extend the time within which the town of ni^Qj. \aa 

FAIRHAVEN MAY FILL CERTAIN LOW-LYING LAND, AND TO ^ ' 

AUTHORIZE SAID TOWN TO IMPROVE CERTAIN ADDITIONAL 
LAND. 

Be it enacted, etc., as follows: 

Section 1. Section one of chapter one hundred and a^l'^l'ad^^^ ■^' 
six of the acts of the year nineteen hundred and three is 
hereby amended by adding at the end thereof the words : 
— The town may also fill in the manner hereinafter pro- 
vided any low-lying land situated within the district 
bounded northerly by Linden avenue, easterly by Adams 
street, southerly by Bridge street, and westerly by Main 
street, with the consent of the owner thereof, and the town 
and the owner may agree in writing upon the terms rela- 
tive to the payment of the cost thereof by the town and 
the owner, and relative to the manner, method and char- 
acter of the work, — so as to read as follows : — Section Town of 
1. The town of Fairhaven may take by purchase or other- takecertoi™'^^ 
wise and hold any lands in said town, with the buildings 'a°ds, etc. 
, and other fixtures thereon, situated within the district 
bounded northerly by Bridge street, thence easterly by 
Mulberry street, thence southerly by Christian street, 
thence easterly by Green street, thence southerly by Spring 
street, thence westerly by Main street, and also in the dis- 
trict bounded northerly by Pease street, thence easterly 
by Main street, thence southerly by Washington street, 
and thence westerly by Middle street. The town may also 



124 



Acts, 1906. 



Chap. 144. 



May fiU 
certain land. 



1S)03, 1()6, § 4, 
amended. 



To improve 
lands, etc. 



May dredge 

theAcuslihet 

river. 



take by purchase or otherwise any ponds and the land or 
flats under water within said districts, or either of them, 
any or all mill privileges therein, any streams flowing 
through said districts, or either of them, or emptying or 
discharging into any pond in said districts, and any rights 
or privileges in said ponds or streams. The town may 
also fill in the manner hereinafter provided any low-lying 
land situated within the district bounded northerly by 
Linden avenue, easterly by Adams street, southerly by 
Bridge street, and westerly by Main street, with the con- 
sent of the owner thereof, and the to\\Ti and the owner 
may agree in writing upon the terms relative to the pay- 
ment of the cost thereof by the town and the owner, and 
relative to the manner, method and character of the work. 
Section 2. Section four of said chapter is hereby 
amended by inserting after the word " aforesaid ", in the 
second line, the words : — or after entering into any agree- 
ment for the filling of lands as aforesaid, — by inserting 
after the word " taken ", in the fifth line, the words : — or 
agreed to be filled, — by striking out the word " therein '', 
in the eighth line, and inserting in place thereof the words : 
— in lands so taken, — and by inserting after the word 
" flats ", in the ninth line, the words : — so taken, — so 
as to read as follows : — Section 4. Said town shall forth- 
with, after any purchase or taking as aforesaid, or after 
entering into any agreement for the filling of lands as 
aforesaid, fill with suitable material and otherwise im- 
prove any lands, ponds, flats, mill privileges, streams or 
rights or privileges in said districts, purchased or taken 
or agreed to be filled as aforesaid, or any part thereof, 
and shall abate any nuisance existing therein or arising 
therefrom. The town may lay out, widen, extend and 
construct streets, and construct sewers and drains in lands 
so taken, and may sell and convey or otherwise dispose 
of such lands and flats so taken, or any part thereof, and 
the proceeds shall be applied to the cost of the work au- 
thorized by this act. For the purposes of this section the 
town may dredge the Acushnet river, and may take by 
purchase or otherwise, in the manner provided in section 
one, the island situated in said river nearly opposite the 
outlet of the pond within said district, and commonly 
called Crow island, and may obstruct temporarily said 
river with appliances necessary or proper for said dredg- 
ing or for using said island for said j)urposes. The town. 



Acts, 1906. — Chap. 145. 125 

may establish a grade for said districts, and may enter MayestabUsh 
npon any land within said districts for the purpose of ' ' ' 
filling the land to said grade. It may, in doing the work 
authorized by this act, lay railroad tracks or pipes through 
any street in said town, and maintain them so long as 
may be necessary for transporting earth or other material 
for use in the work aforesaid. 

Section 3. Section five of said chapter is hereby Damages, 
amended by striking out the following words constituting 
the last sentence thereof, '' ISTo petition for damages shall 
be filed within one year from the date of the taking or 
the date when the damage was sustained, and upon mo- 
tion of the town the hearing upon the merits thereon shall 
be postponed until the completion of the work authorized 
by this act." 

Section 4. Section nine of said chapter is hereby loos, loe, §9, 
amended by striking out the word " three ", in the second 
line, and inserting in place thereof the word : — five, — 
so as to read as follows : — Section 9. The work author- work to be 
ized by this act shall be completed within five years after ^Ttwifflve 
the date when the act takes effect, and all powers granted years.etc. 
hereby which have not then been exercised shall there- 
upon cease and determine, and thereafter all property in 
said districts shall be subject to the general laws appli- 
cable thereto. 

Section 5. This act shall take effect upon its passage. 

Approved March 9, 1906. 

Ax Act to establish a part of the harbor line in new Qj^an 145 

BEDFORD HARBOR IX THE CITY OF XEW BEDFORD. ^ ' 

Be it enacted, etc., as follows: 

Section 1. The line hereinafter described at and near Harbor une in 
the westerly end of the "New Bedford and Fairhaven bridge hiu-bo^'^'^*'^"^ 
in 'New Bedford harbor in the city of JSTew Bedford shall ^banged. 
be and the same is hereby established as a harbor line 
beyond which no wharf, pier or other structure shall be 
extended into or over the tide waters of said harbor : — 
Beginning at a point in the harbor line established by 
chapter two hundred and sixty-nine of the acts of the 
year eighteen hundred and forty-eight at the northeast 
corner of the south spur of Botch's wharf, now kno%vn as 
the City of New Bedford Wharf; thence running north- 
erly about three hundred and ten feet to a point six hun- 



126 Acts, 1906. — Chap. 116. 

dred and eleven feet easterly from the easterly side line of 
Water street at its intersection with the north line of Elm 
street east of Water street ; thence running northerly about 
four hundred and twenty-six feet to the south side of the 
New Bedford and Fairhaven bridge at a point eight and 
five tenths feet easterly from the face of the New Bedford 
abutment of said bridge at the level of ordinary high 
water ; thence running northerly five hundred and ten feet 
to a point at or near the southeast corner of Wilcox and 
Richmond's wharf, five hundred and thirty-two feet east- 
erly from the easterly side line of Water street ; thence 
running northerly about three hundred and seventy-five 
feet to the point in the harbor line of the year eighteen 
hundred and forty-eight described as at the southeast cor- 
ner of Samuel Rodman's wharf and five hundred and 
fifty-nine feet easterly from the east line of Water street, 
ent^harbor line SECTiojf 2. That part of the harbor line in said har- 
superseded. \yQj. established by chapter two hundred and sixty-nine of 
the acts of the year eighteen hundred and forty-eight 
upon the portion of the harbor frontage covered by the 
line established by this act is hereby superseded. 

Section 3. This act shall take effect upon its passage. 

Approved March 9, 1906. 

Chap.l4:6 -^^ ^^^ RELATIVE TO THE BOUNDARY LINE OF THE COMMON- 
WEALTH. 

Be it enacted, etc., as foUoivs: 

mnrk^no^to Section 1. No pcrsou, cxcept as hereinafter provided, 

etcf^"^°^''*^' shall remove, obliterate, deface or cover up any monument 
or mark designating the boimdary line of the Common- 
wealth. Any person desirous of removing and replacing 
any such monument or mark may apply in writing to the 
board of harbor and land commissioners, who may grant 
permission therefor under its supervision, first making pro- 
vision for preserving the exact location of the original 
boundary or mark, and also giving notice to the adjoin- 
ing state of the time and place at which proposed action 
ui'*!""!^'^^^ ^° is to be taken. The monument shall be reset in the identi- 
cal location from which it was removed, or at a convenient 
distance therefrom upon the boundary line. The board 
shall cause a full description of any change in such monu- 
ment or mark to be recorded in the offices of clerks of the 



be reset. 



Acts, 1906. — Chaps. 147, 148, 149. 127 

contiguous cities or towns, and a copy thereof to be for- 
warded to the secretary of the Commonwealth. 

Section 2. Any person who violates any provision of ^fstm-b^iig'^ 
the preceding section, or who wilfully or maliciously dis- JJJa^ks"^''*^ ""^ 
turbs or injures any monument or mark on the state 
boundary line shall be punished by a fine of not more 
than fifty dollars or by imprisonment for not more than 
six months. 

Section 3. This act shall take effect upon its passage. 

Approved March 9, 1906. 

An Act relative to the removal of officers in attend- Chan.l4:7 

ANCE UPON THE SUPERIOR COURT. 

Be it enacted, etc., as follows: 

Section 1. Officers appointed as court officers to be Term of office 

, , 1 ,1 • j: ±^ • J. • ot certain 

m attendance upon the sessions or the superior court m court officers. 
any county shall hold office during good behavior and until 
they are removed by the sheriff of the county for wliicli 
they were appointed, for cause approved by a majority of 
the justices of the superior court. 

Section 2. This act shall take effect u}X)n its passage. 

Approved March 9, 1906. 

An Act to change the name of the essex county truant QJid^f 148 

school to the ESSEX COUNTY TRAINING SCHOOL. ^ ' 

Be it enacted, etc., as follows: 

Section 1. The Essex County Truant School at Law- Name 
rence shall hereafter be called the Essex County Training ^ ^^^^ 
School. 

Section 2. This act shall take effect upon its passage. 

Approved March 9. 1906. 

An Act relative to the salary of the officer in at- njidj) \4Q 
tendance UPON tHe sessions of the probate court for * 

the county of SUFFOLK. 

Be it enacted, etc., as follows: 

Section 1. Section thirty-three of chapter one hun- r. l.i64, §33, 
dred and sixty-four of the Revised Laws is hereby amended '""^"^*^*^- 
by striking out the word " fifteen ", in the eleventh line, 
and inserting in place thereof the word : — seventeen, — 
so as to read as follows : — Section 33. The judges of 



128 Acts, 1906. — Chaps. 150, 151. 

Appointment probate aiid insolvency for the county of Suffolk shall 

of officer to - 

attend sessions appoint an officer to attend the sessions of the probate 

court? etc? court and court of insolvency, and may at any time, for 

a cause which thej consider sufficient, remove him, and 

may fill anv vacancy caused by removal or otherwise. 

Such officer shall give bond in the sum of one thousand 

dollars for the faithful performance of his duties payable 

to the treasurer of the county of Suffolk, with sufficient 

sureties who shall be approved by a judge of said court. 

Such officer may serve the orders, precepts and processes 

^ ^^^' issued by said courts or by a judge thereof. He sliall be 

23aid by the county, in monthly instalments, a salary of 

seventeen hundred dollars a year. 

effect. Section 2. This act shall take effect from the first 

day of January in the year nineteen hundred and six. 

Approved March 9, 1906. 



Chap.150 An Act relative to the house for the employment and 

REFORMATION OF JUVENILE OFFENDERS IN THE CITY OF 
BOSTON. 

Be it enacted^ etc., as follows: 
Name changed, Section 1. The name of the House for the Employ- 
ment and Reformation of Juvenile Offenders in the City 
of Boston shall hereafter be the Suffolk School for Boys, 
and all acts relating to said house shall apply to the Suf- 
folk School for Boys ; and any child committed to or held 
in said house shall be held in said school as if committed 
thereto. 

Section 2. This act shall take effect upon its passage. 

Approved March 9, 1906. 



Chap.151 An Act relative to the licensing of minors to engage 

IN CERTAIN occupations IN CITIES. 

Be it enacted, etc., as follows: 
R. L., 65, §17 Section seventeen of chapter sixty-five of the Revised 

etc. ciiiietiQeu 

Laws, as amended by chapter five hundred and thirty-one 
of the acts of the year nineteen hundred and two is hereby 
further amended by striking out the words " city of Bos- 
ton ", in the tenth line, and inserting in place tliereof the 
words : — cities of the Commonwealth, — and by striking 
out the words '' committee of that city ", in the eleventh 



Acts, 1906. — Chap. 152. 129 

line, and inserting in place thereof tlie words : — commit- 
tees of said cities, — so as to read as follows: — Section Keguiationof 
17. The mayor and aldermen or selectmen may make goods ify*^ '"° 
regulations relative to the exercise of the trade of boot- ""'^"''s. etc. 
blacking by minors and to the sale by minors of any goods, 
wares or merchandise the sale of which is permitted by 
section fifteen, and may prohibit such sales or snch trade, 
or may require a minor to obtain from them a license 
therefor to be issued on terms and conditions prescribed 
in such regulations : provided, that in the case of persons Proviso, 
under the age of fourteen years in the cities of the Com- 
monwealth the foregoing powers shall be vested in and 
exercised by the school committees of said cities. A minor Penalty, 
who sells such articles or exercises such trade without a 
license if one is required or who violates the conditions 
of his license or any of the provisions of said regulations 
shall be punished by a fine of not more than ten dollars 
for each offence. Approved March 9, 1906. 

An Act to authorize the city of malden to establish a (JJidp 152 

STREET AND WATER COMMISSION. 

Be it enacted, etc., as follows: 

Section 1. The mayor and aldermen of the city of street and 
Maiden shall, within sixty days after the acceptance of biod in the 

^1 • , •! 1 • x- c 1 c • , ,1 city of Maiden, 

this act, as provided in section lour hereoi, appoint three appointment, 
persons to be members of the street and water commission, 
whose terms of office shall expire ]\rarch one, nineteen 
hundred and seven, March one, nineteen hundred and 
eight and March one, nineteen hundred and nine, respec- 
tively, and shall thereafter before March first in each year 
appoint one person to serve for three years as a member 
of said commission. The members of said commission 
shall hold their office until others shall be chosen and 
qualified in their stead. Vacancies may be filled by the vacancies, 
mayor and aldermen at any time, and removals may be *''*'• 
made by them for cause. The persons so appointed shall 
constitute the street and water commission of the city of 
Maiden, and they shall receive such compensation as the 
city council shall determine. 

Section 2. All the powers and duties vested by ex- powers and 
isting laws in the board of street commissioners and the '^'^^^^^• 
board of water commissioners of the said city shall vest 
in and be exercised and performed by the street and water 



130 



Acts, 1906. — Chaps. 153, 151. 



Appointment 
of agents, etc. 



commission after the appointment and qualification of its 
Board of street members. The appointment and qualification of said 
sioners, etc., Street and water commissioners shall abolish the board of 
aboushcd. gfreet commissioners and the board of water commission- 
ers. 

Section 3. Said commission is authorized, subject to 
the provisions of chapter nineteen of the Revised Laws, 
and acts in amendment thereof and in addition thereto, 
to appoint its agents and employees, define their duties 
and fix their compensation, and in general to do all things 
necessary to a projoer performance of their duties. Said 
commission shall not incur or authorize any expenditure 
without a previous appropriation therefor by the city coun- 
cil. 

Section 4. This act shall be submitted to the city 
council of the city, and shall take effect upon its accept- 
ance by a two thirds vote of the members present and 
voting, in each branch, with the approval of the mayor. 

Approved March 12, 1906. 



When to take 
effect. 



Chap.l5'd An Act making an appropriation for operating the 

NORTH metropolitan SYSTEM OF SEWAGE DISPOSAL. 



North metro- 
politan system 
of sewage 
disposal. 



Be it enacted, etc., as follows: 

Section 1. A sum not exceeding one hundred fifteen 
thousand nine hundred eighty-six dollars and fifty cents 
is hereby appropriated, to be paid out of the ISTorth ]Metro- 
politan System Maintenance Fund, for the maintenance 
and operation of the system of sewage disposal for the 
cities and towns included in what is known as the north 
metropolitan system, during the eleven months ending on 
the thirtieth day of ISTovember, nineteen hundred and six. 

Section 2. This act shall take effect upon its passage. 

Approved March 12, 1906. 



Chap.154: An Act making an appropriation for operating the 

SOUTH metropolitan SYSTEM OF SEWAGE DISPOSAL. 



South metro- 
politan system 
of sewage 
disposal. 



Be it enacted, etc., as follows: 

Section 1. A sum not exceeding eighty-seven thousand 
three hundred and seventy-five dollars is hereby appropri- 
ated, to be paid out of the South Metropolitan System 
Maintenance Fund, for the cost of maintenance and opera- 
tion of the south metropolitan system of sewage disposal, 



Acts, 1906. — Chap. 155. 131 

comprising a part of Boston, the cities of Newton and 
Waltham, and the towns of Brookline, Watertown, l)ed- 
ham, Hyde Park and Milton, dnring the eleven months 
ending on the thirtieth day of JSTovember, nineteen hnn- 
dred and six. 

Section 2, This act shall take effect upon its passage. 

Approved March 12, 1906. 

An Act relative to the inauguration of the city gov- (JJi^^j ^55 

ERNMENT AND THE FINANCIAL YEAR OF THE CITY OF MEL- 
ROSE. 

Be it enacted, etc., as folloivs: 

Section 1. Section ten of chapter one hundred and amendld.^ ^"' 
sixty-two of the acts of the year eighteen hundred and 
ninety-nine, being the charter of the city of Melrose, is 
hereby amended by striking out the words " at ten o'clock 
in the forenoon ", in the second and third lines, so as to 
read as follows: — Section 10. The mayor and the alder- Meeting of 
men elect shall annually on the first Monday in January aidcnnen, 
meet and be sworn to the f aitliful discharge of their duties, etc? "^^ ''^''^' 
The oath shall be administered, at their first meeting after 
the acceptance of this act by the town clerk, and in subse- 
quent years by the city clerk, or in the absence of either 
by any justice of the peace, and shall be certified and 
entered on the journal of the board of aldermen. In case 
of the absence of the mayor elect on the first Monday in 
January, or if a mayor shall not then have been elected, 
the oath of office may at any time thereafter be adminis- 
tered to him, and at any time thereafter in like manner 
the oath of office may be administered to any alderman 
who has been previously absent or has subsequently been 
elected ; and every such oath shall be certified and entered 
as aforesaid. 

Section 2. Section forty-two of said chapter is hereby isoo, 162, § 42, 
amended by striking out the words " the following Feb- *^'™° ^ 
ruary ", in the seventh line, and inserting in place thereof 
the word: — January, — so as to read as follows: — 8ec- Estimates of 
tion Jf2. The mayor shall in the month of January of ^'^p*^"®'^^' ® 
each year cause to be made to him by the heads of de- 
partments, and by all other officers and boards having au- 
thority to expend money, detailed estimates of the amounts 
deemed by them to be necessary for their respective de- 
partments for the financial year, which shall begin on the 



132 



Acts, 1906. — Chaps. 156, 157. 



first clay of January, and he shall, not later than the first 
week in February, transmit such estimates to the board 
of aldermen, reconunending appropriations for each de- 
partment or purpose, as he shall deem necessary therefor. 
SECTioisr 3. This act shall take effect upon its passage. 

Approved March 12, WOO. 



Chap.156 Ant Act to change the financial year of the city of 

MEDFORD. 



1903, 345, § 29, 
amended. 



Estimates of 
expenses, etc. 



Be it enacted, etc., as follows: 

Section 1. Section twenty-nine of chapter three hun- 
dred and forty-five of the acts of the year nineteen hun- 
dred and three is hereby amended by striking out the 
word " Monday ", in the seventh line, and inserting in 
place thereof the word : — day, — so as to read as follows : 
— Section 29. The mayor shall cause to be made to him 
in the month of January of each year by the heads of de- 
partments, and by all other ofiicers and boards having au- 
thority to expend money, detailed estimates of the amounts 
deemed by them to be necessary for their respective de- 
partments for the financial year, which shall begin on the 
first day of January; and he shall, not later than the 
tenth day of February, transmit such estimates to the board 
of aldermen, recommending such appropriations for each 
department or purpose as he shall deem necessary there- 
for. 

Section 2. This act shall take effect upon its passage. 

Approved March 12, 1906. 



Chap.157 An Act to establish the boundary line between the 

TOWNS OF IIOLDEN AND PAXTON. 



Boundary line 
l)et\veen 
Holden and 
Paxton. 



Be it enacted, etc., as follows: 

Section 1. The following described line shall here- 
after be the boundary line between the towns of Holden 
and Paxton : — Beginning at a granite monument stand- 
ing at the corner of the towns of Holden, Paxton and 
Rutland, in latitude forty-two degrees, twenty minutes, 
fifty-two and ninety-two hundredths seconds, and longi- 
tude seventy-one degrees, fifty-five minutes, nine and 
twenty-seven one hundredths seconds ; thence north eighty- 
one degrees, forty-three minutes east, true bearing, thirty- 
six hundred and fifty feet to a point four feet south of 



Acts, 1906. — Chap. 157. 133 

the southern end of a wall and three hundred and fifty Boundary line 
feet south of Pine Hill reservoir; thence south nineteen Hoiden°and 
degrees, twenty-four minutes east, true bearing, three ^^^^•^'^• 
thousand and two feet to a rough granite monument stand- 
ing in w^oodland at the southeast corner of a wall ; thence 
south sixty-nine degrees, twenty-four minutes west, true 
bearing, eleven hundred and eighty-nine feet to a rough 
granite monument standing in woodland at the northwest 
corner of a wall; thence south nineteen degrees, forty-one 
minutes east, true bearing, eighteen hundred and seventy- 
three feet to a peaked granite monument standing in a 
wooded swamp ; thence south sixty-seven degrees, thirty- 
one minutes w^est, true bearing, twenty-two hundred and 
fifty-seven feet to a rough granite monument standing on 
the easterly side of the east road from Paxton to Rut- 
land ; thence south twenty degrees, forty-eight minutes 
east, true bearing, seventy-seven hundred and seventy-six 
feet to a granite bowlder standing in woodland on the 
easterly slope of Little Asnebumskit hill ; thence north 
eighty-sjx degrees, forty-four minutes east, true bearing, 
one hundred and seventy-six feet to a rough granite monu- 
ment ; thence south twenty degrees, thirty-three minutes 
east, true bearing, sixty-eight hundred and sixty-four feet 
to a granite monument standing on a wooded hill ; thence 
north seventy-five degrees, forty-two minutes east, true 
bearing, twenty-seven hundred and twenty-three feet to a 
rough granite monument standing at a junction of walls ; 
thence south forty-two degrees, fifty-five minutes east, true 
bearing, fifteen feet to a rough granite monument standing 
at the south corner of a wall ; thence north fifty-three de- 
grees, five minutes east, true bearing, three hundred and 
eighty-eight feet to a rough granite monument standing 
at a jimction of a fence and wall ; thence south fifty-nine 
degrees, thirty-two minutes east, true bearing, four hun- 
dred and forty-one feet to a rough bowlder standing on the 
w^esterly side of the Silver Springs road and on the south- 
erly side of a lane ; thence south ten degrees, forty-three 
minutes west, true bearing, six hundred and thirty-two 
feet to a rough granite monument standing on the westerly 
side of the Silver Springs road nearly opposite W. E. 
Hazall's dwelling ; thence south one degree west, true bear- 
ing, seven hundred and ninety-nine feet to a rough granite 
monument standing on the westerly side of the Silver 
Springs road; thence south forty-seven degrees, thirty- 



134 



Acts, 1906. — Chap. 158. 



Boundary line 
between 
Holden and 
Paxton. 



seven minutes west, true bearinii:, nine hundred and thirty- 
six feet to a rough bowlder standing at a junction of walls; 
thence south forty-two degrees, fifty-three minutes east, 
true bearing, twenty-six hundred and ninety-one feet to 
a granite monument standing at the corner of the to^^^ls 
of Holden and Paxton and the city of Worcester, in lati- 
tude forty-two degrees, seventeen minutes, eleven and 
seventy-four hundredths seconds, and longitude seventy- 
one degrees, fifty-two minutes, thirty-three and ten hun- 
dredths seconds. 

Section 2. This act shall take effect upon its passage. 

Approved March 13, 1906. 



Chap.l5S A^ Act to prohibit the pollutio^t of the charles river 

WITHIN THE METROPOLITAN PARKS DISTRICT. 



The state 
board of 
health may 
prohibit the 
discharge 
of sewage into 
Charles river, 
etc. 



Jurisdiction. 



Be it enacted, etc., as follows: 

Section 1. The state board of health is hereby au- 
thorized, upon the petition of the metropolitan park com- 
mission, or the mayor of any city or the selectmen of 
any town within the metropolitan parks district, and after 
notice to all parties interested and a hearing, to prohibit 
the entrance or discharge of sewage into that part of the 
Charles river within the present boundaries of said metro- 
politan parks district, and to prevent the entrance or dis- 
charge of every other substance, except surface or storm 
water, into said river within said parks district which 
may be injurious to public health, or may tend to create 
a public nuisance, or to obstruct the flow of water within 
said parks district, including all waste or refuse from any 
factory or other establishment where persons are employed, 
unless the owner thereof shall use the best practicable and 
reasonably available means to render such waste or refuse 
harmless. 

Section 2. The supreme judicial court or any justice 
thereof and the superior court or any justice thereof shall 
have jurisdiction in equity to enforce the provisions of 
this act and any order made by the state board of health 
in conformity therewith. Proceedings to enforce any such 
order shall be instituted and prosecuted by the attorney- 
general upon the request of the state board of health. 

Section 3. This act shall take effect upon its passage. 

Approved March H, 1906. 



Acts, 1906. — Chaps. 159, 160. 135 



Ax Act to authorize the governor to designate the (JJiart.X^^ 

CHAIRMAN OF THE CIVIL SERVICE COMMISSION. ^ ' 

Be it enacted, etc., as folloics: 

Section 1. SGction one of chapter nineteen of the r. l. i9, §i, 
Revised I^aws is hereby amended by inserting after the ^^^^ ^ ' 
word " party ", in the sixth line, the words : — The chair- 
man of the commission shall at all times be such one of 
the three commissioners as the governor shall designate, 
— so as to read as follows: — Section 1. The governor civii service 
shall annually, in May or June, with the advice and con- appoint-'*^'^' 
sent of the council, appoint a civil service commissioner "^'^°*' <^'*'- 
for a term of three years from the first Monday of July 
following. All ajipointments shall be so made that not 
more than two commissioners shall at the time of any ap- 
pointment be meml>ers of the same political party. The 
chairman of the commission shall at all times be sncli one 
of the three commissioners as the governor shall designate. 
Each commissioner shall be paid iive dollars for each 
day's service and his travelling and other expenses in- 
curred in the performance of his official duties. 

Section 2. This act shall take effect ujwn its passage. 

Approved March 1-k, 190G. 



An Act to authorize the sale of the franchise and Q^djy \i^{\ 

PROPERTY OF THE BERKSHIRE RAILROAD COMPANY TO THE ^ ' 

NEW YORK, NEW HAVEN AND HARTFORD RAILROAD COIVI- 
PANY. 

Be it enacted, etc., as folloivs: 

Section 1. The Berkshire Railroad Company may sell Rafirold'conf 
its franchise and iiropertv to the New York, I^Tew Haven v^tiy may seii 

1 TT i c 1 T-» •! 1 /'( 11 its franchise, 

and iiarttord itailroad Company, and that company may etc. 
purchase such franchise and property, upon such terms 
and conditions as may be agreed to by the directors of 
said corporations, respectively, and approved by the board 
of railroad commissioners and by votes of the shareholders 
of said corporations, respectively: provided, however, that Proviso, 
the vote of the selling corporation shall be a vote of two 
thirds in interest of all the shareholders thereof ; and upon 
such purchase the purchaser shall become subject to and 
held to pay all the debts and to perform all the duties and 
obligations of the seller. 



136 



Acts, 1906. — Chap. 160. 



Dissenting 
stockholders 
to file a ctecla- 
ration, etc. 



Proviso. 



Determination 
of value of 
shares, etc. 



The commis- 
sioners' report 
to be conclu- 
sive as to 
value, etc. 



SectiojV 2. Every stockholder of the selling corpora- 
tion shall be deemed to assent to the purchase authorized 
by this act, unless within sixty days after the date of the 
meeting of tlie selling corporation at which said sale shall 
be approved, he shall file with the clerk of the seller a 
Avritinff declarino- ]iis dissent therefrom and statino- the 
number of shares held by him and the number or numbers 
of the certificate or certificates evidencing the same : pro- 
vided, however, that, as against any stockholder legally 
incapacitated from acting for himself and having no legal 
guardian, said period of sixty days shall not begin to run 
until the removal of such incaj^acity by the appointment 
of a legal guardian or otherwise. The shares of any stock- 
holder dissenting as above specified shall be acquired by 
the seller and shall be valued, and the value thereof shall 
be paid or tendered or deposited to or for account of such 
stockholder in the manner following: — Within sixty days 
after the filing of any stockholder's dissent, as above pro- 
vided, the seller shall file its petition with the supreme 
judicial court sitting within and for the county of Suffolk, 
setting forth the material facts and praying that the value 
of such dissenting stockholder's shares may be determined. 
Thereupon, after such notice to all parties concerned as 
it may deem proper, said court shall pass an order requir- 
ing such dissenting stockholder's certificate of stock to be 
deposited with the clerk of said court, and shall appoint 
three commissioners to ascertain and report the value of 
such dissenting stockholder's shares. Such report shall be 
made to the court as soon as practicable, and, after due 
notice to the parties in interest, shall be accepted by the 
court, unless before such acceptance either of the parties 
to said proceeding shall claim a trial by jury, in which 
case the court shall order the value of said shares to be 
tried and determined by a jury in the same manner as 
other civil cases are tried in said court. The said commis- 
sioners' report, or such verdict when accepted by the court, 
shall be final and conclusive as to the value of such dis- 
senting stockholder's shares, and the amount so ascertained 
as such value shall at once be paid or tendered to such 
stockholder ; or, if such payment or tender be impracti- 
cable, the money shall be paid into court. Upon such 
payment or tender or deposit the shares of such dissent- 
ing stockholder and the certificate or certificates thereof 
shall become the property of the seller, whose right and 



Acts, 1906. — Chap. 161. 137 

title thereto may be enforced by the court by any appro- 
priate order or process. Exceptions may be taken to any Exceptions to 
ruling or order of said court, to be heard and determined etc.*^^ ^ °"* ' 
by the full court as in other civil cases. Said court may 
make all such orders for the enforcement of the rights of 
any party to the proceedings, for the consolidation of two 
or more petitions and their reference to the same commis- 
sioners, for the consolidation of claims for a trial by jury 
and the trial of two or more cases by the same jury, for 
the deposit of money in court, and for the payment of 
interest upon the value of the stockholder's shares, as de- 
termined, and the payment of costs by one party to the 
other, as justice and the speedy settlement of the matters 
in controversy may require. 

Section 3. This act shall take effect upon its passage. 

Approved March 15, 1906. 

An Act to authorize the hoosac valley street railway (J}i(ij)^\Q\ 

COMPANY to enter INTO CONTRACTS AND LEASES WITH ^ ' 

STREET RAILWAY COMPANIES OPERATING OUTSIDE THE COM- 
MONWEALTH, AND TO SELL POWER TO STREET RAILWAY COM- 
PANIES OR TO PURCHASE IT THEREFROM. 

Be it enacted, etc., as follows: 

Section 1. The Hoosac Valley Street Kailway Com- The Hoosac 
pany is hereby authorized to contract with any street rail- Raiu^y com- 
way company organized under the laws of, and authorized Contract with 
to operate a street railway within, any state adjacent to ^d^lacent'" 
the Commonwealth of Massachusetts, the railway of which states, etc. 
connects, intersects or forms a continuous line with its 
railway, for the performance by either company to such 
contract of, and either of such companies is hereby au- 
thorized to perform, all the work of transportation upon 
and over the railway of the other company; and said 
Hoosac Valley Street Railway Company may take a lease 
of all the property, rights, privileges, easements and fran- 
chises of any such street railway company organized under 
the laws of, and authorized to operate a street railway 
within, any state adjacent to the Commonwealth of Mas- 
sachusetts, the railway of which connects, intersects or 
forms a continuous line with its railway, or may lease its 
property, rights, privileges, easements and franchises to 
such other street railway company; but such contract or 
lease shall not be valid or binding until its terms have 



138 Acts, 1906. — Chap. 1(>2 



been agreed to by a majority of the directors of each com- 
pany, and have been approved by the vote of a majority 
in interest of the stockholders of each of said companies, 
at meetings called for the purpose, and have also been 
approved by the board of railroad commissioners, 
etcjliec""'"'*'' Section 2. Said Hoosac Valley Street Railway Com- 
tricity, etc. pany is hereby authorized, for all purposes necessary or 
incident to the construction, maintenance and operation of 
an electric street railway, to generate, manufacture, use 
and transmit electricity in any city or town wherein it 
now is, or may hereafter be, entitled to operate a street 
railway, and for that purpose may erect and maintain 
poles, trolley, feed and stay w^ires, and other devices for 
conducting electricity in, over and under any streets, high- 
ways, bridges and town ways in any of such cities and 
towns, and upon and over any private land, with the con- 
sent of the owners thereof, and may sell to or purchase 
from any street railway company organized under the laws 
of the Commonwealth of Massachusetts, or of the states 
of Vermont or New York, electricity for all the pur- 
poses aforesaid, but said company shall not generate, 
manufacture, use, transmit, purchase or sell electricity for 
light, heat or power for use within this Commonwealth, 
except for street railway purposes. 

Section 3. This act shall take effect upon its passage. 

Approved March 15. 1906. 

C7iaj9.162 An Act relative to the maintenance of pine banks 

PARK BY THE CITIES OF MALDEN AND MELROSE. 

Be it enacted, etc., as folloivs: 
1905, 393 §7, Section 1. Section seven of chapter three hundred and 

aniendea. . , -. .. ^ . iiii 

ninety-three oi the acts oi the year nineteen hundred and 
five is hereby amended by inserting after the word " part ", 
in the thirteenth line, the words : — of one per cent, — so 
Appropria- as to read as follows : — Section 7. The cities of Maiden 
nia'imMaiirp and Mclrose shall in their annual appropriation bills each 
Park"etc.""''^ appropriate and place at the disposal of said board one 
half of the amount determined by said board to be neces- 
sary for the maintenance of said property for that year, 
and set forth in its annual report as provided in section 
six. If either of said cities shall in any year fail to make 
such appropriation, the said board shall upon the written 
request of said donors or their heirs or devisees who may 



Acts, 1906. — Chap. 163. 139 

then bold their estate, rcconvey said property to said heirs 
or devisees free from all trusts ; but the amount required 
of each city by said board to work a forfeiture shall not 
in any year exceed one one hundred and fiftieth part of 
one 2)er cent of the assessed valuation for the preceding 
year of the city having the smaller assessed valuation. 
Said cities may, if in their judgment the proper mainte- 
nance or improvement of said property shall require it, 
appropriate in equal amounts and place at the disposal 
of said board sums in excess of the amount which said 
board is hereby authorized to require of said cities. 

SECTioisr 2. This act shall take effect upon its passage. 

Approved March 15, 1906. 

An Act to authorize the city of Worcester to alter, r//,^^ 1 (JQ 

RELOCATE, WIDEN AND CHANGE THE GRADE OF BELMONT ^' 

AND SHREWSBURY STREETS OVER LAND OF THE COMMON- 
WEALTH AND OF THE BOSTON AND ALBANY RAILROAD COM- 
PANY. 

Be it enacted, etc., as folloivs: 

Section 1. Section one of chapter four hundred and i903, 422 §i, 

CI c 1 • 1111 amended. 

twenty-two ot the acts 01 the year nineteen hundred and 
three is hereby amended by inserting after the word " Com- 
monwealth ", in the seventh line, the words : — and land 
belonging to the Boston and Albany Railroad Company, 
the New York Central and Hudson River Railroad Com- 
pany, lessee, — and by inserting after the word ^' Laws ", 
in the tenth line, the words : • — and the provisions of law 
relating to the alteration, relocation, widening and change 
of grade of w^ays over land belonging to railroad compa- 
nies, — so as to read as follows: — Section 1. The city city council 
council of the city of Worcester may alter, relocate, widen "tci^i celtafn*'' 
and change the grade of Belmont street from Lake Quin- streets, etc. 
sigamond to Shrewsbury street, and of Shrewsbury street 
from Belmont street to Washington Square, to a width 
of not more than one hundred feet, over such land of the 
Worcester insane hospital and other laud belonging to the 
Commonwealth and land belonging to the Boston and Al- 
bany Railroad Company, the New York Central and Hud- 
son River Railroad Company, lessee, as said city council 
may determine, notwithstanding the provisions of sections 
seventeen and nineteen of chajiter fifty-three of the Re- 
vised Laws and the provisions of law relating to tlio altera- 



140 Acts, 190G. — Chap. 164. 



tion, relocation, widening and change of grade of ways 
over land belonging to railroad companies. Such altera- 
tion, relocation, widening and change of grade shall be 
as nearly as possible along the present line of said streets, 
and shall be subject to the approval of the governor and 
council. Claims for damages may be made as in cases 
of the laying out of highways over lands of individuals, 
and the same shall be settled in the manner now provided 
viTioiisonaw hy law for such cases. All other provisions of law rela- 
te apply. ^j^,g ^Q ^i^Q alteration, relocation, widening and change of 
grade of streets and highways in the city of Worcester 
shall apply to the proceedings hereby authorized. 

Section 2. This act shall take effect upon its passage. 

Approved March 15, 1906. 

Chap.l(j4: -'^^ Act relative to the water supply system oe the 

TOw^T op amesbury. 

Be it enacted, etc., as follows: 
Tbe^townof Sectiojst 1. The town of Auiesbuiy, for the purpose 

may take of Supplying itsclf and its inhabitants with water for the 

etc. ' ' extinguishment of fires and for domestic and other jjur- 
poses, may hold and convey through the said town by 
means of existing or other pipes or mains, all or any part 
of the waters which became the property of said town by 
reason of its vote of June twenty-seventh, nineteen hun- 
dred and five, to purchase all the property, rights and 
privileges of the Powow Hill Water Company, and may 
also from time to time take, by purchase or otherwise and 
hold in fee all lands, rights of way and easements neces- 
sary for holding, storing, purifying and joreserving such 
water, for conveying the same to any ^lart of said town, 
and for extending the present system of water supply; 
and may take, by purchase or otherwise, the whole or any 
part of the waters of any pond, brook, spring, well or 
stream within the limits of said town, and all waters con- 
nected therewith, and may obtain water by means of 
bored, driven, artesian or other wells on any land within 
Proviso. tjjg limits of said town: provided, that no source of water 

supply shall be taken under this act for domestic pur- 
poses without the advice and consent of the state board 
of health, and that no lands, except those lands which 
became the property of said town by reason of its said 
vote of June twenty-soveutli, nineteen hundred and five, 



Acts, 1906. — Chap. 164. 141 

shall be purchased or taken for the protection of the purity 
of the said waters without the approval of the said board, 
after a hearing. 

Section 2. Said town may erect and maintain on any May maintain 
lands purchased, taken or held as aforesaid, including Ly"pipesfetc. 
those lands which became the property of said town by 
reason of its said vote of June twenty-seventh, nineteen 
hundred and five, proper dams, reservoirs, buildings, fix- 
tures or other structures, may establish fountains and 
hydrants, may make excavations, procure and operate ma- 
chinery, may maintain and operate the water works and 
other property which became the property of said town by 
reason of its said vote, and may provide such other means 
and appliances as may be necessary for the establishment 
and maintenance of complete and effective water works ; 
and for the purposes aforesaid may construct and lay con- 
duits, pipes and other works, under, through or over any 
lands, water courses, railroads, railways, and public or 
private ways, and along any such ways in such manner 
as not unnecessarily to obstruct the same ; and for the 
pur]30se of constructing, maintaining and repairing such 
conduits, pipes or other works, and of maintaining and 
repairing existing conduits, pipes or other works, and for 
all other proper purposes of this act, said town may dig 
up any such lands, or dig under any such water courses, 
railroads or railways, and may enter upon and dig up 
any such ways in such manner as to cause the least hin- 
drance to public travel ; but said town shall not enter upon 
the location of any railroad corporation, or construct or 
lay any conduits, pipes or other w^orks therein, except at 
such time and in such manner as it may agree upon with 
such corporation, or, in case of failure so to agree, as may 
be approved by the board of railroad commissioners. The Title to lands 
title to all lands taken or purchased under the provisions townf^^ *^ 
of this act shall vest in said town, and the lands so taken 
may be managed, improved and controlled by the board 
of water commissioners hereinafter provided for, in such 
manner as it shall deem for the best interests of the town. 

Section 3. Said town shall, within ninety days after Description of 
the taking of any lands, rights of way, water, water be°reco*rded." 
sources, water rights or easements as aforesaid, otherwise 
than by purchase or agreement, file and cause to be re- 
corded in the registry of deeds for the southern district 
of the county of Essex a description thereof sufficiently 



14:2 



Acts, 1906. — Chap. 164. 



Damages, etc. 



Town of 
Ameslmry 
Water Loan, 
Act of 1906. 



Proviso. 



Payment of 
loan. 



accurate for identification, with a statement, signed by tlie 
water commissioners hereinafter provided for, of the pur- 
pose for which the same were taken. 

Section 4. Said town shall pay all damages to prop- 
erty sustained by any j)erson or corporation by the taking 
of any lands, rights of way, water, water sources, water 
rights or easements, or by any other thing done by the 
town under authority of this act. Any person or corpora- 
tion sustaining damages as aforesaid and failing to agree 
with said town as to the amount thereof, may have the 
same assessed and determined in the manner provided by 
law when land is taken for the laying out of highways, 
on making application at any time within the period of 
three years after the taking of such land or property or 
the doing of other injury under authority of this act; but 
no such application shall be made after the expiration of 
said three years. 

Section 5. Said town, for the purpose of paying the 
purchase price of the property, rights and privileges of 
the said Powow Hill Water Company, together with all ex- 
penses incident to such purchase, may incur indebtedness 
and may issue therefor from time to time bonds, notes or 
scrip to an amount sufficient for such purposes, to be deter- 
mined by the board of water commissioners hereinafter pro- 
vided for. Such bonds, notes or scrip shall bear on their 
face the words, Town of Amesbury Water Loan, Act of 
190G, shall be payable at the expiration of periods not ex- 
ceeding thirty years from the dates of issue, shall bear in- 
terest, payable semi-annually, at a rate not exceeding four 
per cent per annum, shall be payable as to both principal 
and interest in gold coin of the United States of the pres- 
ent standard of weight and fineness, and shall be signed 
by the treasurer and countersigned by a majority of the 
selectmen of the town. Said town by its selectmen and 
treasurer may sell such securities for the purposes of this 
act, upon such terms and conditions as they shall deem 
proper: provided, that they shall not be sold for less than 
the par value thereof. 

Section 6. Said town shall at the time of authorizing 
said loan provide for the payment thereof in such annual 
proportionate payments, beginning not more than three 
years after the first issue of such bonds, notes or scrip, as 
will extinguish the same within the time prescribed by 
this act ; and when a vote to that effect has been passed, 



Acts, 190G. — CuAr. 164. 143 

a Sinn which with the income derived from water rates 
will be sufficient to pay the annual expense of operating 
the water works and the interest as it accrues on the bonds, 
notes and scrip issued as aforesaid bj said town, and to 
make such payments on the principal as may be required 
under the provisions of this act shall, without further vote, 
be assessed by the assessors of said town in each year 
thereafter, in the same manner in which other taxes are 
assessed, until the debt incurred by said loan is extin- 
guished. 

Section Y. The occupant of any tenement shall be Liability for 
liable for the payment of rates for the use of water therein, rates!'''"'^ "^ 
and in case of non-payment by the occupant the owner shall 
also be liable for all sums so due, to be collected in an 
action of contract brought in the name of the town of 
Amesbury. 

Section 8. Said town shall, after the passage of this water commis- 
act, at a legal meeting called for the purpose, elect by tiourrcrmretc. 
ballot three persons to hold office from the time of such 
election, one until the expiration of three years, one until 
the expiration of two years and one until the expiration 
of one year from the next succeeding annual town meet- 
ing, to constitute a board of w^ater commissioners ; and at 
each annual meeting thereafter one such commissioner 
shall be elected by ballot for the term of three years. 
]*fominations for such commissioners shall be made, bal- 
lots and other apparatus for their election provided, and 
elections for such officers conducted, in accordance with 
the provisions of law applicable for the time being to 
elections in the said town of officers required to be elected 
by ballot. All the authority granted to the town by this 
act and not otherwise ]-)rovided for shall be vested in said 
board of water commissioners, and a majority of them 
shall constitute a quorum for the transaction of business. 

Section 9. The said water commissioners shall from water commis- 
time to time fix such prices or rates for the water or the rates, etc. 
use thereof, including hydrant rentals, as shall produce 
annually, as nearly as may be, an amount sufficient to 
defray all current operating expenses, including mainte- 
nance, all interest charges and payments on principal as 
they accrue upon any bonds, notes or scrip issued by the 
said town for the purpose of supplying itself or its in- 
habitants with water, and an additional amount of not 
more than three thousand dollars per year for new con- 



1^ Acts, 190G. — Chaps. 1(35, 16G. 

struction. If the rates should produce at the close of any 
fiscal year a surplus over the above amounts, such surplus 
shall be paid into the treasury of the town. The time 
and manner of f)aying such rates shall be prescribed by 
the said water commissioners. 
d^CTtinl"'' Section 10. If any person shall use any water belong- 

water, etc. jj^g to the town witliout the consent of the town, or shall 
wantonly or maliciously divert such water, or corrupt the 
same, or render it impure, or destroy or injure any dam, 
aqueduct, pipe, hydrant, machinery or other works or 
proj)erty held, owned or used by the to^^Ti under the au- 
thority of this act or of any existing statute, he shall 
forfeit and pay to the town three times the amount of 
damages assessed therefor, to be recovered in an action of 
tort; and on conviction of any of the wanton or malicious 
acts aforesaid may be punished by a fine not exceeding 
three hundred dollars or by imprisonment for a term not 
exceeding one year. 

Section 11. This act shall take effect upon its passage. 

Approved March 16, 1906. 

Chap.165 An Act to prohibit expectoration in certain public 

PLACES AND CONVEYANCES. 

Be it enacted, etc., as foUoivs: 

ki^certain^*'*"^ Section 1. Xo pcrsou shall expectoratc or spit on any 
prohibued^''^ public sidcwalk, or, except in receptacles provided for the 
purpose, upon the floor in any city or town hall, in any 
court house or court room, in any public library or 
museum, in any church or theatre, in any lecture or music 
hall, in any ferry boat or steamboat, in any railroad car, 
except a smoking car, in any railway car, in any railroad 
or railway station or waiting room or on any sidewalk or 
platform connected therewith. 
Penalty. Section 2. Whocvcr violatcs any provision of this act 

shall be punished by a fine of not more than twenty dol- 
lars. Approved March 16, 1906. 

Chap.166 An Act to authorize special justices of police, dis- 
trict OR MUNICIPAL COURTS TO PERFORM ONE ANOTHER'S 

duties. 
Be it enacted, etc., as follows: 
R-T^-i'^M44, Section 1. Section forty-four of chapter one hundred 
and sixty of the Revised Laws is hereby amended by in- 



Acts, 190G. — Chaps. 167, 168. 145 

serting after the word " justices ", in the first line, the 

words : — and special justices, — so as to read as follows : 

— Section J^J/. Justices and special justices of police, dis- interchange 

trict or municipal courts, except the municipal court of ^ 

the city of Boston, may perform each other's duties when 

they find it necessary or convenient. 

Section 2. This act shall take effect upon its passage. 

Approved March 16, 1906. 

An Act eelative to the use of tarks on the chaeles CJicip.lQl 

RIVER. 

Be it enacted, etc.-, as follows: 

Section 1. The cities of Cambridge and ISTewton and boafhousei"*" 
the town of Watertown, by a majority of the board of etc on certain 
parlc commissioners therein, or, ii there is no such board, land or waters 

, , . of Charles 

by such officer or officers as the council of the cities, or river,' etc. 
the selectmen of the town, may designate, may lease or 
otherwise provide for locations for boat houses, landings 
and floats in, upon, under and over any part of the lands 
or waters of the Charles river owned or controlled or which 
may hereafter be owned or controlled by said cities or 
town, respectively, for such considerations and rentals and 
upon such terms, conditions, restrictions, provisions or 
agreements as such park commissioners or such officer or 
officers acting in the premises may deem best, providing 
no such lease shall be given for a term exceeding twenty 
years. 

Section 2. jSTothing herein contained shall be deemed Authority of 

, . , 1 1 • c 1 T 1 nictropobtan 

to abridge the authority oi the metropolitan park com- pariicommis- 

. . sion not 

mission under chapter four hundred and sixty-five of the abridged, 
acts of the year nineteen hundred and three or any other 
power or authority now possessed by said commission, nor 
the authority of the city of Boston under chapter three 
hundred and sixty-five of the acts of the year eighteen 
hundred and ninety-seven. 

Section 3. This act shall take effect upon its passage. 

Approved March 16, 1906. 



■ Chap.W8 



An Act eelative to town meetings in the town of 
arlington 

Be it enacted, etc., as follows: 

Section 1. At all town meetine;s held in the town of Turnstiles to 

in • • ne used at 

Arlmffton the tow^n shall use a svstem of reoisteriuG; turn- town meetings 

w c ~ '^ in Arlington, 



U6 Acts, 190G. — Chap. 168. 



stiles for determining the nnmber of persons admitted to 
each meeting. The selectmen shall appoint officers to have 
charge of the turnstiles, and shall determine from them 
the number of persons admitted to each meeting, and at 
the adjournment thereof shall make a return to the town 
clerk under oath, Avhich may be administered by him, of 
the number of persons who have been admitted to such 
meeting, as registered by such turnstiles. The town clerk 
shall immediately make a record of such return in the 
records of the meeting, which record shall have the same 
legal force and effect as the records of the proceedings of 
preserved' ^'^ ^^^® meeting. All such returns shall be preserved by the 
town clerk until at least twenty days after the final ad- 
journment or dissolution of the meeting to wdiich they 
relate, and shall be open to public inspection. 
t(fb(fsui7mitted Section 2. Any votc passed at an original or ad- 
to voters for joumed towu meeting to which four hundred or more 

ratlhcation. J i n i i i • n i n • • i 

persons shall have been admitted shall, upon petition, be 
submitted to the voters at large for ratification at a subse- 
quent town meeting, as hereinafter provided, except that 
votes for moderator, or for any to^^^l, county, state or 
national officer, or on any proposition on which by any 
special or general law of the Commonwealth a yea or nay 
vote is required to be taken by ballot, shall be final. ISTo 
vote subject to ratification under the provisions of this 
act shall take eifect until the expiration of the time herein 
limited for filing a petition for ratification ; nor, if such 
petition be filed, until after such vote shall be ratified in 
the manner hereinafter provided, 
clu town"nieet- Section 3. If Within fivc days after the final adjoum- 
^"i^^l" '■ *^'^j***'° ment or dissolution of such tovm. meeting a iietitiou ad- 

of nity voters. '-^ -^ 

dressed to the selectmen shall be filed with the town clerk, 
signed by at least fifty legal voters of the town, requesting 
that any vote or votes passed at such meeting, except the 
final votes before mentioned, be submitted to the voters 
of the town for ratification, then the selectmen shall, after 
the expiration of said five days, forthwith call a town 
meeting for the sole purpose of so submitting such vote 
or votes. In case two or more votes passed at a town 
meeting relate to one subject-matter, and a petition is 
filed as aforesaid for the ratification of one or more such 
votes, the selectmen may in their discretion submit, in 
addition to those for which petitions are filed, any or all 
of the votes relating to the same subject-matter; and for 



Acts, 1906. — CiiAr. 168. 147 

this purpose a vote to borrow money shall bo held to re- 
late to the same subject-matter as the vote or votes to 
appropriate the money to be borrowed. The polls shall 
be opened at two o'clock in the afternoon and shall be 
closed not earlier than nine o'clock in the evening, and a 
vote shall be taken by ballot upon the question, ''Shall ^^t^^ on **^ ^'^ 
the following vote (or votes) passed at the town meeting 
(or at the adjourned town meeting) held on the 

day of 19 , be ratified? Vote: 

". Any vote or votes submitted for ratification, 
as aforesaid, receiving a majority of the votes cast thereon, 
shall be considered to be ratified, otherwise such vote or 
votes shall have no force or effect: provided, that if any 
vote required for its original passage more than a majority 
of the votes cast, then a like proportion of votes shall be 
required for ratification. 

Sectio:n^ -4. Every petition filed as aforesaid shall ^xamruclfby 
forthwith be examined by the town clerk, who shall ascer- town clerk, etc. 
tain therefrom the number of legal voters whose signatures 
are attached thereto, and shall make a record thereof, and 
such record, together with a copy of the petition, exclu- 
sive of the names affixed thereto, shall be inserted in the 
records of the meeting for ratification of the vote or votes 
named in the petition, which record shall have the same 
legal force and effect as the record of the proceedings of 
such meeting. All such petitions shall be preserved by Petitions to be 
the town clerk until at least twenty days after the final p""^®*^'^'*^ 
adjournment or dissolution of said meeting, and during 
that period shall be open to public inspection. 

Section 5. It shall be the duty of the selectmen of the selectmen to 
town to prepare the ballots to be used at such town meet- meetings, etc. 
ings, and the conduct of such meetings shall be under their 
charge, subject to the laws relating to elections, so far as 
the same may be applicable. 

Section 6. A meeting shall be held for the purpose Town to vote 
of submitting the question of the acceptance of this act to acceptance of 
the legal voters of the town at some time within two years ^^^' 
after the passage hereof. At such meeting the polls shall 
be open not less than eight hours, and the vote shall be 
taken by ballot as in the case of the annual town election, 
in answer to the question, " Shall an act passed by the 
general court in the year nineteen hundred and six, en- 
titled ' An Act relative to town meetings in the town of 
Arlington ', and providing for the ratification of certain 



148 Acts, 1906. — Chaps. 169, 170. 

votes passed at such meetings, be accepted by the to^vn ? " 
and the affirmative votes of a majority of the voters pres- 
ent and voting thereon shall be required for its acceptance. 

8ubmitte(f^'° If at any meeting so held this act shall fail to be accepted, 
it may, at the exj^iration of three months after any such 
previous meeting, be submitted again for acceptance, but 
not after the period of two years from the passage of this 
act. 

When to take Section 7. So mucli of tliis act as authorizes the sub- 
mission of the question of its acceptance to the legal voters 
of the town shall take effect upon its passage, but it shall 
not take further effect unless accepted by the legal voters 
of the town as herein prescribed. 

Approved Marcli 16, 1906. 



TO AUTHORIZE THE TOWN OF WEST SPRINGFIELD TO 
MANUFACTURE OR PURCHASE ELECTRICITY FOR USE IN ITS 
WATER SUPPLY DEPARTMENT. 



Chajp.lQ^ j^y ^CT 

MANU; 
WATEI 

Be it enacted, etc., as follows: 

West Spring. Tlic towu of Wcst Springfield is hereby authorized to 
maniifa^ture manufacture or purchase electricity for use in its water 
eiectricityretc. supply department, and to erect poles and wires for the 
conveyance of electricity for that purpose in, under or 
over any public or private ways or lanes in said town. 
The said town, for the purpose aforesaid, may take, by 
purchase or otherwise, and hold any such lands, easements 
and rights of way as may be needed therefor. Such tak- 
ing shall be in the manner provided by chapter two hun- 
dred and six of the acts of the year eighteen hundred and 
ninety-three, and the town shall be liable for all damages 
to property sustained by any person or corporation by 
reason of any taking or other act made or done under au- 
thority hereof. Approved March 16, 1906. 

Chap.170 -^^^ Act relative to the amount of real and personal 

ESTATE WHICH MAY BE HELD BY THE COMMISSIONERS OF 
THE BOSTON FIREMEN's RELIEF FUND. 

Be it enacted, etc., as folloivs: 
1880, 107, §4, Section 1. Section four of chapter one hundred and 

seven of the acts of the year eighteen hundred and eighty 
is hereby amended by striking out the word '' two ", in 
the seventh line, and inserting in place thereof the word: 
— four, — so as to read as follows : — Section 4. The 



amended. 



Acts, 1906. — Chap. 171. 149 

mayor of the city of Boston for the time being and his Mayor and Are 

'' •iY',11 ^ c c • • -Cj.1 comniissionera 

successors m oince, the board oi nre commissioners ot tlie to iioid certain 
city of Boston for the time being and their successors in ^^'^^^ 
ofl&ce, shall together continue a body corporate for the 
purposes of receiving and holding all sums of money, and 
real and personal estate not exceeding in the aggregate four 
hundred thousand dollars which may be given, granted, be- 
queathed or devised to it for the benefit of members of the 
Boston Fire Department or their families requiring assist- 
ance, or for the benefit of any persons or the families of 
any persons wlio have been such members requiring as- 
sistance. The property so held shall be known as The The Boston 
Boston Firemen's Relief Fund. The said body corporate Reiief^Fund. 
shall have authority to manage and dispose of the same 
and the income thereof according to their best discretion, 
subject to the provisions of any and all trusts which may 
be created for the purposes aforesaid. Said corporation Po^ye^sand 
shall have all the poW'Crs and privileges and be subject to 
all the duties, restrictions and liabilities set forth in all 
general laws wdiich now are or may hereafter be in force 
relating to similar corporations. 

Section 2. This act shall take effect upon its passage. 

Approved March 16, 1906. 



An Act to increase the annual payment to the massa- nj^^^^ yj-^ 

CHUSETTS state FIREMEN'S ASSOCIATION. ^' 

Be it enacted, etc., as follows: 

Section 1. There shall be paid annually, on or before Allowance to 
the first day of July, to the treasurer of the Massachu- setts state*^ "' 
setts State Firemen's Association the sum of fifteen thou- AJsTciation. 
sand dollars, to be used by the association for the relief 
of firemen who may be injured in the performance of 
their duty at fires or in going to or returning from fires, 
and for the relief of widows and children of firemen killed 
in the performance of their duty, in the manner and to 
the amount to be determined by a board of five persons, 
three of w^hom, not members of said association, shall be 
appointed by the governor, and two of whom shall be ap- 
pointed by said association. 

Section 2. The treasurer of said association shall give Treasurer to 
a bond in the sum of thirteen thousand five hundred dol- ^^^ 
lars, with sureties approved by the treasurer and receiver 
general, for the faithful performance of his duties. 



150 Acts, 1906. — C^aps. 172, 173. 

Repeal. Section 3. Chapter one hundred and eight of the acts 

of the year nineteen hundred and two and all other acts 

or parts of acts inconsistent herewith are hereby repealed. 

Section 4. This act shall take effect upon its passage. 

Approved March 16, 1906. 

Chap.VJ2i An Act to regulate by license the carrying of con- 
cealed WEAPONS. 

Be it enacted, etc., as follows: 

Section 1. The justice of a court, or trial justices, 
the board of police or mayor of a city, or the selectmen 
of a town, or persons authorized by them, respectively, 
may, upon the application of any person, issue a license 
to such person to carry a loaded pistol or revolver in this 
Commonwealth, if it appears that the applicant has good 
reason to fear an injury to his person or property, and 
that he is a suitable person to be so licensed. 

Section 2. Whoever, except as provided by the laws 
of this Commonwealth, carries on his person a loaded 
pistol or revolver, without authority or permission as pro- 
vided in section one of this act, or whoever carries any 
stiletto, dagger, dirk-knife, slung-shot or metallic knuckles, 
shall upon conviction be punished by a fine of not less than 
ten nor more than one hundred dollars, or by imprison- 
ment for a term not exceeding one year, or by both such 
fine and imprisonment. Approved March 16, 1906. 



Licenses may 
be granted for 
carrying 
concealed 
weapons, etc. 



Penalty for 
carrying 
concealed 
weapon with- 
out permis- 
sion. 



Chap.VJS An Act to provide for the further improvement of the 

commonwealth's FLATS AT SOUTH BOSTON. 



Improvement 
of the Com- 
monwealth's 
flats at South 
Boston. 



Be it enacted, etc., as follows: 

Section 1. For the purpose of enforcing and execut- 
ing the provisions and requirements of existing laws re- 
lating to the Commonwealth's flats at South Boston, and 
for the payment of money wdiich may be needed to carry 
out the provisions of chapter two hundred and thirty-nine 
of the acts of the year eighteen hundred and seventy-five, 
the sum of five hundred thousand dollars is hereby ap- 
propriated from the Commonwealth's Flats Improvement 
Fund, established by chapter tw^o hundred and thirty-seven 
of the acts of the year eighteen hundred and seventy-eight. 

Section 2. This act shall take efi'ect u]X)n its passage. 

Approved March 19, 1906. 



Acts, 1906. — Chap. 174. 151 



An Act to establish a board of survey for the town op z^/,^ v, 1 74 
wakefield. ^ ' 

Be it enacted, etc., as follows: 

Section 1. The selectmen of the town of Wakefield f^^^f^^^^^ 
shall constitute a Board of Survey for the town. wakenew. 

Section 2. Any person or corporation desiring to lay Plans of 
out, locate or construct any street or way in said town ways to^be 
after the passage of this act shall, before beginning such the board. ""^ 
construction, submit to said board of survey suitable plans 
of such street or way, to be prepared in accordance with 
such rules and regulations as the board may prescribe. 
Upon the receipt of such plans, with a petition for their Public hearing 
approval, the board shall give a public hearing thereon, ^o be given, 
after giving notice of such hearing by publication once a 
week for two successive weeks in a newspaper published 
in the town, the last publication to be at least two days 
before the hearing; and after such hearing the board may 
alter such plans and may determine where such street or 
way shall be located, and the widths and grades thereof, 
and shall so designate on said plans. The plans shall then pians to be 
be approved and signed by the board and filed in the office ^pp™^^<*> <^'^<'- 
of the clerk of the town, who shall attest thereon the date 
of such filing. 

Section 3. The board of survey shall from time to pians showing 
time cause to be made under its direction plans of such streetsand 
territory or sections of land in said town as the board "*^'^y^'^*°- 
may deem advisable, showing thereon the location of such 
streets or ways, whether already laid out or not, as the 
board shall be of opinion that the present or future in- 
terests of the public will require in such territory, and 
showing clearly the directions, widths and grades of each 
street or way; and the board may employ such assistants 
and incur such expense in regard to said plans as it may 
deem necessary, not exceeding the amount of money ap- 
propriated by the town for the purpose. Before making Public 
any such plan the board shall give a public hearing as to ''''*""^' 
the locations, directions, widths and grades of streets or 
ways in the territory to be shown on the plan, after giving 
notice of such hearing by publication once a week for two 
successive weeks in a newspaper published in the town, 
the last publication to be at least two days before the 
hearing, and shall after making any such plan give a like 



152 Acts, 1906. — Chap. 174. 

notice of hearing, and a hearing thereon, and keep the 
plan open to public inspection for one month after the 
first publication of notice of such hearing. After such 
hearing, and after the alterations deemed necessary by the 
board have been made in such plan, the plan shall be 
marked as made under the provisions of this act, shall be 
signed by the board, and shall then be filed in the office 
of the clerk of the town, who shall attest thereon the date 
of such filing, 
certoinpowers Section 4. The pow^crs of the l)oard of selectmen of 
not abridged, said town in regard to highways shall not be abridged by 
this act in any manner, except as provided in this sec- 
tion, and the powders given to them by this act shall be in 
Construction addition to the powers now possessed by them. After the 
ways, etc' passage of this act no street or way in the town of "Wake- 
field, shown on any plan filed as aforesaid, shall be laid 
out, located anew, altered or widened, and no such street 
or way, whether already or hereafter laid out, shall be 
constructed by any public authority, except in accordance 
with the provisions of this act. If any person or corpora- 
tion shall hereafter open for public travel any private way 
the location, direction, widths and grades of which have 
not previously been approved in writing by the board of 
survey in the manner provided in this act, then neither 
the town nor any other public authority shall place any 
public sewer, drain, water pipe or lamp in, or do any 
public w'ork of any kind on, such private way so opened 
Proviso. Iq public travel contrary to the provisions of this act : pro- 

vided, however, that these provisions shall not prevent the 
laying of a trunk sewer, water or gas main, if it be re- 
quired by engineering necessities. 
o/bidMin|s'^'' Section 5. If any building shall hereafter be placed 
at grades other qj. erected in Said town within the boundaries of any street 

than those i r> i i • i i i i 

filed, etc. or way shown on any plan filed with the town clerk as 

herein provided, or on land adjacent to any such street 
or way the grade of which at the time of placing or erect- 
ing such building is other than the grade shown on such 
plan, or on land adjacent to any street or way the plan 
and profile of which have not been approved by said board 
of survey, no damages caused to any building so placed 
or erected, by the construction of such street or way as 
shown on said plans, or caused to any building so placed 
or erected, or to the land upon which such building is 
placed or erected, by the subsequent change of grade of 



Acts, 1906. — Chap. 175. 153 

any street or way the plan of which has not been approved 
by said board of survey, shall be recovered by or paid to 
the owner of the whole or any part of the estate of which 
tlie land upon which said building so placed or erected 
formed a part at the date of the first publication of notice 
of hearing as aforesaid. 

Section 6. Said town may from time to time appro- Appropria- 
priate sums of money to be expended by the board of sur- 
vey for carrying out the provisions of this act ; but no 
expenditures shall bo uuidc in excess of such appropria- 
tions. 

Section 7. Said board of survey, its officers and J^^credTponT 
agents, may, so far as they deem it necessary in carrying etc. 
out the provisions of this act, enter upon any lands, and 
there make such examinations and surveys and place and 
maintain such monuments and marks, as they may deem 
necessary; and any person sustaining damages to prop- 
erty by such entry or by such placing and maintaining, 
who fails to agree with the town as to the amount thereof, 
may have the same assessed and determined in the man- 
ner provided by law in the case of land taken for the 
laying out of highways in said town, on application at 
any time within one year after such entry or such plac- 
ing and maintaining. 

Section 8. This act sliall not be construed to author- Taking or 

, . 1 , . /• n 1 , 1 J.1 condemnation 

ize any taking or condemnation of land, or to render the of land, 
town liable for damages of any kind, except for making 
entries upon land and for placing and maintaining monu- 
ments and marks as authorized by section seven, nor to 
authorize the said town to lay out or to construct any way 
located on any of said plans, until such way has been laid 
out as a highway under other provisions of law. 

Section 9. This act shall take effect upon its passage. 

Approved March 19, 1906. 

An Act relative to the settlement of estates or ab- (JJiap.Vl^ 

SENTEES. 

Be it enacted, etc., as follows: 

Section 1. Section nine of chapter one hundred and amended. ^^' 
forty-four of the Revised Laws is hereby amended by in- 
serting after the word " debts ", in the fifth line, the words : 
— and claims for alimony, — so as to read as follows : — 
Section 9. The court may order said property or its pro- 



154 



Acts, 1906. — Chap. 176. 



Allowance to 
widow and 
children, etc. 



ceeds acquired by mortgage, lease or sale to be applied 
in pajanent of charges incurred or that may be incurred 
in the support and maintenance of the absentee's wife and 
minor children, and to the discharge of such debts and 
claims for alimony as may be proved against said absentee. 
Section 2. This act shall take effect upon its passage. 

Approved March 19, 1906. 



1900, 58, § 1, 
amended. 



Taimton 
Sewer Loan. 



Chap.176 An Act to authorize the city of taunton to incur in- 
debtedness FOR SEWERAGE PURPOSES, BEYOND THE LIMIT 
FIXED BY LAW. 

Be it enacted, etc., as follows: 

Section 1. Section one of chapter fifty-eight of the 
acts of the year nineteen hundred is hereby amended by 
striking out the words " beyond its debt limit ", in the 
sixth line, and inserting in place thereof the words : — in 
addition to the amount heretofore authorized by law, — 
and by inserting after the word " rate ", in the eleventh 
line, the words : — not exceeding four per cent per an- 
num, — so as to read as follows: — Section 1. The city 
of Taunton, for the purposes mentioned in section one of 
chapter two hundred and nineteen of the acts of the year 
eighteen hundred and ninety-five and acts in addition 
thereto, may incur indebtedness from time to time to an 
amount not exceeding four hundred thousand dollars, in 
addition to the amount heretofore authorized by law, and 
may issue bonds, notes, scrip or certificates of debt there- 
for, to be denominated on the face thereof, Taunton Sewer 
Loan. Said bonds, notes, scrip or certificates of debt shall 
be payable within such period, not exceeding thirty years 
from the date thereof, and shall bear interest at such rate, 
not exceeding four per cent per annum, as the city coun- 
cil of said city shall determine. Except as herein other- 
wise provided the provisions of chapter twenty-nine of the 
Public Statutes and of acts in amendment thereof and in 
addition thereto shall apply to the indebtedness hereby 
authorized and to the securities issued therefor. 

Section 2. The board of aldermen of said city may 
at the time of authorizing said loan provide for the pay- 
ment thereof in such annual proportionate payments as 
will extinguish the same within the time prescribed in 
said clmpter fifty-eight, and thereafter, without further 
action by the board of aldermen, the amount required for 



p. S. 29, etc., 
to apply. 



Annual 
liaynients. 



Acts, 1906. — Chaps. 177, 178. 155 

such payments shall be assessed by the assessors of the 
city in each year in the same manner in which other taxes 
are assessed under the provisions of section thirty-seven 
of chapter twelve of the Revised Laws, imtil the debt so 
incurred by the city is extinguished. 

Section 3. This act shall take effect upon its passage. 

Approved March 19, 1906. 

An Act relative to the improvement op school build- (JJi^j) l^'j 

IXGS IN the town of RANDOLPH. ^ ' 

Be it enacted, etc., as follows: 

Section 1. The town of Randolph is hereby author- The town of 
ized to purchase land and to erect thereon a high school pureliase'huid^ 
building, and also to improve and repair its present school ^fgifsehooi 
buildings, and to expend for these purposes a sum not ijuudinj,'. 
exceeding thirty thousand dollars. 

Section 2. For the above purposes the said town uuiy Randolph 
issue notes, bonds or scrip, to be denominated on the face fugLoanyAct 
thereof, Randolph School Building Loan, Act of 1906, to ''^'^'^^^■ 
an amount not exceeding thirty thousand dollars. Such 
notes, bonds or scrip shall be payable within such period, 
not exceeding twenty years, as the selectmen of the town 
shall determine. They shall be signed by the selectmen 
and by the treasurer of the town, and shall be governed 
by the provisions of chapter twenty-seven of the Revised 
Laws and of all acts in amendment thereof or in addi- 
tion thereto, except that they shall not exceed the statu- 
tory limit of indebtedness of the town by more than 
eighteen thousand dollars. 

Section 3. This act shall take effect upon its passage. 

Approved March 20, 1906. 

An Act relative to appropriations by the town of west- (JJiq^^ 1 7Q 
field for the noble hospital. ^ ' 

Be it enacted, etc., as follows: 

Section 1. Section five of chapter two hundred and ^'nj^'^d'ed^^' 
sixty of the acts of the year eighteen hundred and ninety- 
three, incorporating the Trustees of Xoble Hospital, is 
hereby amended by striking out the word " one ", in the 
second line, and inserting in place thereof the word : — 
five, — so as to read as follows : ■ — Section 5. The town Appropria- 
of Westfield is hereby authorized to raise by taxation sums ,,'ort of NuiWe 

Hospital. 



156 



Acts, 1906. — CiiArs. 179, 180. 



of money not exceeding five thousand dollars in any one 
year, and to appropriate the same towards the support 
and maintenance of said hospital. 

SECTiOiSr 2. This act shall take eiTect upon its passage. 

A Improved March 20, 1906. 



ChajJ.VJ^ An Act relative to the transportation and sale of 

PIKE-PERCH. 



Close season 
for pike-perch, 
etc. 



Fish killed, 
etc., may l)e 
confiscated. 



Penalty. 



Be it enacted, etc., as folloivs: 

Section 1. 'No person shall kill within this Common- 
wealth, between the first day of February and the first 
day of June in any year, any fish known as pike-perch; 
and no company, firm or person shall transport into or 
within this Commonwealth any of the said fish caught 
between the said dates, wherever the same were caught. 

Section 2. The commissioners on fisheries and game 
and their deputies are hereby authorized to seize and con- 
fiscate fish killed or transported in violation of the pre- 
ceding section, and it shall be the duty of every officer 
designated in section four of chapter ninety-one of the 
Revised Laws to seize fish so killed or transported, and 
to report the seizure to the said commissioners, who shall 
authorize the sale of such fish ; and the proceeds of any 
such sale, after paying the expenses of the sale, shall bo 
paid into the treasury of the Commonwealth. 

Section 3. Any company, firm or person violating the 
provisions of this act shall be liable to a penalty of fifty 
dollars, and of ten dollars additional for each fish killed 
or transported in violation of the provisions of this act. 

Section 4. This act shall take effect upon its passage. 

Approved March 20, 1906. 



Chap.lSO -'^N" Act to authorize magistrates to admit to bail on 

the lord's DAT. 



E. L. 217, § G2, 
amended. 



Bail on the 
Lord's day. 



Be it enacted, etc., as follows: 

Chapter two hundred and seventeen of the Re^'ised Laws 
is hereby amended by striking out section sixty-two and 
inserting the following new section in place thereof : — 
Section 62. Persons held in custody or committed upon 
a criminal charge, if entitled to be released upon bail, 
may, in the discretion of the magistrate, be admitted to 
bail on the Lord's day. Approved March 20, 1906. 



Acts, 190G. — CnArs. 181, 182. 157 



An Act reLxVtive to the larceny of domestic animals. Chan.\^\ 
Be it enacted, etc., as folloivs: 

Section thirty-seven of chapter two hnndred and eight ^j^^^^j^^g^- ^ ^"' 
of the Revised Laws is hereby amended Iw inserting after 
the word ." takes ", in the second line, the words: — any 
domesticated animal, or, — so as to read as follows : — 
Section 37. Whoever, withont the consent of the owner Larceny of 

1 . , „ T . . , • i 1 • 'jeast or bird. 

and with a lelonious intent, takes any domesticated ani- 
mal, or a beast or bird which is ordinarily kept in con- 
finement and is not the subject of larceny at common law, 
shall be gnilty of larceny. Approved March 20, 1906. 

An Act to authorize the town of danvers to refund its (JJian.'iS2 

WATER DEBT. 

Be it enacted, etc., as follows: 

Section 1. The town of Danvers is hereby authorized The town of 

f P r- Danvers may 

to issue notes or bonds to the amount of fifty-seven thou- issue notes, 
sand dollars, as follows: — Seven thousand dollars pay- 
able not later than April first, nineteen hundred and nine; 
six thousand dollars payable not later than April first, 
nineteen hundred and thirteen; twenty-two thousand dol- 
lars payable not later than April first, nineteen hundred 
and nineteen ; two thousand dollars payable not later than 
April first, nineteen hundred and twenty; two thousand 
dollars payable not later than April first, nineteen hun- 
dred and twenty-one ; two thousand dollars payable not 
later than April first, nineteen hundred and twenty-two; 
two thousand dollars jjayable not later than April first, 
nineteen hundred and twenty-three; four thousand dollars 
payable not later than April first, nineteen hundred and 
twenty-four ; two thousand dollars payable not later than 
April first, nineteen hundred and twenty-five ; two thou- 
sand dollars payable not later than April first, nineteen 
hundred and twenty-seven ; two thousand dollars payable 
not later than April first, nineteen hundred and twenty- 
eight ; two thousand dollars payable not later than April 
first, nineteen hundred and twenty-nine ; two thousand dol- 
lars payable not later than April first, nineteen hundred 
and thirty, bearing interest, payable semi-annually, at a 
rate not exceeding four per cent per annum. The pro- 
ceeds shall be applied only to the payment, redemption 



158 Acts, 1906. — Chains. 183, 184. 

or exchange of notes or bonds heretofore issued by the 
town, under the authority of chapter one hundred and 
ninety-one of the acts of the year eighteen hundred and 
seventy-four, and now held by the water commissioners 
of Danvers as a part of the sinking fund of the Danvers 
water department and being non-negotiable; but no pur- 
chaser of such notes or bonds or any part thereof shall be 
responsible or answerable for such application of the pro- 
ceeds. Said notes or bonds shall bo signed by the treas- 
urer and countersigned bv the selectmen of the towTi. 
Sinking fund. Section 2. The sinking fund established heretofore 
by the town of Danvers to provide for the payment of in- 
debtedness incurred by the town under said chapter one 
hundred and ninety-one shall be continued and maintained 
for the payment of any notes or bonds issued by authority 
of this act. 

Section 3. This act shall take eifect upon its passage. 

Approved March 21, 1906. 

Chap.lSS An Act to aid free public libraries in the small towns. 
Be it enacted, etc., as follows: 

ft-eVni?fi[c*^° "^^^^ board of free public library commissioners may 
libraries. annually expend a sum not exceeding two thousand dol- 

lars in aid of free public libraries, especially in those 
towns the valuation of which does not exceed six hundred 
thousand dollars. Such aid may include the furnishing 
of books in small quantities, visits to libraries, the instruc- 
tion of librarians, and such other means of encouraging 
and stimulating the small libraries as said commissioners 
Proviso. shall deem advisable : provided, that a full detail of expend- 

itures under this act shall be printed in the annual report 
of the commissioners. Approved March 21, 1906. 



Chav.l-Si: "^^ ^^^ relative to the annual report of the state 

^ ' BOARD OF INSANITY. 

Be it enacted, etc., as follows: 

R. L.S7, §4, Section 1. Section four of chapter eighty-seven of tlie 

Revised Laws is hereby amended by striking out the word 
" except ", in the fifth line, and inserting in ])lace thereof 

Report of \\xq word : — includinc;, — so as to read as follows : — Sec- 

state board or . in • i n • r> i t 

insanity. fion J/., i lie report shall contain a properly classiiied and 



Acts, 1906. — Chap. 185. 159 

tabulated statement of the receipts and expenses of the ^ep°ort!*^°* 
board, and of each of the several state institutions under 
its supervision for said year, and a corresponding classi- 
fied and tabulated statement of their estimates for the year 
ensuing, including estimates for the ordinary expenses, 
with its opinion as to the necessity or expediency of ap- 
propriations in accordance with said estimates; a concise 
review of the work of the several institutions under the 
supervision of the board, for the year preceding, and such 
suffffestions and recommendations as to said institutions 
and as to the general interests of all persons under its 
supervision as it considers expedient, and information em- 
bodying the experience of this country and other countries, 
relative to the best and most successful methods of caring 
for such persons as come under the supervision of the 
board. 

Section 2. This act shall take effect upon its passage. 

Approved March 21, 1906. 

An Act relative to the sale and transportation of cer- (7/^(^r).lg5 

TAIN animals. 

Be it enacted, etc., as follows: 

Section 1. It shall be unlawful for any person hold- ifot'^to^g^'ifa 
ing an auctioneer's license to receive or offer for sale or iJ^^Hggj^ggJ'" 
to sell at public auction any horse which by reason of horse, etc. 
debility, disease or lameness, or for other cause, could not 
be worked in this Commonwealth without violating the 
laws against cruelty to animals. 

Section 2. It shall be unlawful for any person to lead, JJ^'f^o biTJd!^^ 
ride or drive on any public way, for any purpose except etc., except,' 
that of conveying the animal to a proper place for its 
humane keeping or killing, or for medical or surgical 
treatment, any horse which, by reason of debility, disease 
or lameness, or for other cause, could not be worked in 
this Commonwealth without violating the laws against 
cruelty to animals. 

Section 3. Any licensed auctioneer violating any pro- renaity. 
vision of this act shall forfeit his license, and any person 
violating any provision of this act shall be punished by 
a fine of not less than five nor more than one hundred dol- 
lars, or by imprisonment for not more than six months. 

Approved March 21, 190G. 



IGO 



Acts, 1906. — Chap. 186. 



1884, 91, § 9, 
amended. 



Hyde Park 
Water Loan. 



Chap.186 An Act to authorize the town of hyde park to issue 

ADDITIONAL BONDS, NOTES OR SCRIP FOR PURCHASING THE 
FRANCHISE AND PROPERTY OF THE HYDE PARK WATER COM- 
PANY. 

Be it enacted, etc., as follows: 

Section 1. Section nine of chapter ninety-one of the 
acts of the year eighteen hundred and eighty-four, en- 
titled " An Act to incorporate the Hyde Park Water Ck)m- 
pany ", is hereby amended by striking out the words " two 
hundred ", in the sixth line, and inserting in place thereof 
the W'Ords : — four hundred and fifty, — and also by strik- 
ing out the word " six ", in the eleventh line, and insert- 
ing in place thereof the word : — four, — so as to read as 
follows : — Section 9. The said town, for the purpose of 
paying the cost of said franchise and corporate property 
and the necessary expenses and liabilities incurred under 
the provisions of this act, may issue from time to time 
bonds, notes or scrip to an amount not exceeding in the 
aggregate four hundred and fifty thousand dollars; such 
bonds, notes and scrip shall bear on their face the words 
" Hyde Park "Water Loan " ; shall be payable at the ex- 
piration of periods not exceeding tliirty years from the 
date of issue; shall bear interest payable semi-annually at 
a rate not exceeding four per centum per annum, and shall 
be signed by the treasurer of the town and countersigned 
by the water commissioners hereinafter provided for. The 
said town may sell such securities at public or private 
sale, or pledge the same for money borrowed for the pur- 
poses of this act, upon such terms and conditions as it 
may deem proper. The said town shall provide, at the 
time of contracting said loan, for the establishment of a 
sinking fund, and shall annually contribute to such fund 
a sum sufficient, with the accumulations thereof, to pay 
the principal of said loan at maturity. The said sinking 
fund shall remain inviolate and pledged to the pa^^nent 
of said loan, and shall be used for no other purpose. 

Section 2. This act shall take effect upon its passage. 

Approved March SJ/., 1906. 



Sinking fund. 



Acts, 1906. — Chaps. 187, 188, 189. 161 



An Act relative to the jurisdictiox of masters in (7^^r>.187 

CHANCERY, 

Be it enacted, etc., as follows: 

Section 1. Masters in chancery shall hereafter have Masters in 
jurisdiction and the right to act in any and every county. juAsdicdon, 
Section 2. The provisions of this act shall apply to ^^- , 

. , ^ • 1 1 . ^.^ "^ , To apply to 

all masters m chancery now appointed and commissioned ; those now in 
and hereafter all appointments of masters in chancery 
shall be made and their commissions shall be issued for 
the Commonwealth. 

Section 3. This act shall take effect upon its passage. 

Approved March 2Jf, 1906. 



Chap.lSS 



An Act to extend the existence of the glades asso- 
ciation. 

Be it enacted, etc., as follows: 

Section 1. The Glades Association shall be and re- corporate 
main a body corj3orate for the period of ten years after ofthe^fades 
the expiration of its present charter, subject to the pro- ^xtended.*''^ 
visions of all laws now or hereafter in force relating to 
such corporations. 

Section 2. This act shall take effect upon its passage. 

Approved March 2Jf, 1906. 

An Act relative to the care of tuberculous patients in z^/,^^ iqq 
the city of boston, ^* 

Be it enacted, etc., as follows: 

Section 1. The trustees of the new hospital for con- careof 
sumptives in the city of Boston, pending the erection of patS^^in^ 
said hospital, are hereby authorized to hire not more than ^^^ton. 
one hundred beds in private hospitals, and to pay not more 
than five dollars a week each for the same, for the use of 
needy tuberculous patients who are residents of the said 
city. 

Section 2. This act shall take effect upon its passage. 

Approved March 2Jf, 1906. 



162 Acts, 1906. — Chats. 190, 191. 



Chav.VdO -^^ -^ct relative to the licexsixg of outdoor exhibi- 
tions AXD PUBLIC EXTERTAIXMEXTS. 

Be it enacted, etc., as foUoius: 
E. L 102, §176, Section one hundred and seventy-six of chapter one him- 
dred and two of the Revised Laws is hereby amended by 
inserting after the word " skatino; ", in the fifth line, the 
words : — and carrousels, inclined railways, f erris wheels 
and outdoor exhibitions of fire fighting for the amusement 
of the public, — and by adding at the end thereof the 
words : — and to the provisions of law relating to the ob- 
servance of the Lord's day, — so as to read as follows : — 
!te^"to^b^^' Section 176. The mayor and aldermen of any city except 
ucensed. Boston, and in Boston, the board of police, and the select- 

men of any town, may grant a license to any person to 
establish, keep open and maintain a skating rink to be 
used for the amusement of roller skating, and carrousels, 
inclined railways, ferris wheels and outdoor exhibitions 
of fire fighting for the amusement of the public, for hire, 
gain or reward upon such terms, conditions and regula- 
tions as they deem proper, subject to the provisions of 
sections one hundred and eighty-six to one hundred and 
eighty-nine, inclusive, and to the provisions of law relat- 
ing to the observance of the Lord's day. 

Approved March 24, 1906. 



C%aX).191 ^^ ^^^ RELATIVE TO THE COXTRACTORS MUTUAL LIABILITY 
^' INSURANCE COMPANY. 

Be it enacted, etc., as folloivs: 
Time^in which ^he period during which The Contractors Mutual Lia- 
tractors bility Insurance Company, incorporated by chapter two 

biiity1:iisur; hundred and thirty-four of the acts of the year nineteen 
m^-fy bi^K°^ hundred and five, is authorized to begin to issue policies, 
IxtenSedf'^' is hereby extended so that said company may begin to 

issue policies at any time prior to the first day of March 

in the year nineteen hundred and seven, subject to the 

provisions of its act of incorporation. 

Approved March 24, 1906. 



Acts, 1906. — Chaps. 192, 193, IM. 163 



An Act to provide for the appointment of a messenger (7^^r),192 

OF THE MUNICIPAL COURT OF THE "CITY OF BOSTON. ^ ' 

Be it enacted, etc., as follows: 

Section 1. There shall be a messenger of the mimici- nfuntcfpliT' 
pal court of the city of Boston, to be appointed by the go'^gto'n "-' ^* 
justices of said court, or by a majority of them, who shall appointment, 
receive an annual salary of seventeen hundred dollars. 

Section 2. This act shall take effect upon its passage. 

Approved March 21^, 1906. 

An Act to establish the salary of the messenger of r/jj^yj^ 193 

THE court of probate AND INSOLVENCY FOR THE COUNTY ^ " 

OF MIDDLESEX. 

Be it enacted, etc., as follows: 

Section 1. The salary of the messenger of the court salary of 
of probate and insolvency for the county of Middlesex probate court, 
shall be thirteen hundred dollars per annum, to be so al- Middlesex, 
lowed from the first day of January in the year nineteen 
hundred and six, and payable in equal monthly instal- 
ments. He shall also receive ten cents a mile for travel 
out and home once a week during his attendance upon the 
court, and he shall, at his own expense, j^rovide a uniform 
such as the court may order. 

Section 2. This act shall take effect upon its passage. 

Approved March 2Jt, 1906. 

An Act to establish the office of clerk of the second (JJinYt 194 

district court of southern WORCESTER, ^ * 

Be it enacted, etc., as follows: 

Section 1. There shall be appointed by the governor, office of cierk, 
with the ad\ace and consent of the council, a clerk of the court of '^'''^"*'* 
second district court of southern Worcester, who shall per- worcesrer, 
form the duties and have the powers prescribed bv law in estabushed. 
the case of clerks of like courts in this Commonwealth. 

Section 2. This act shall take effect upon its passage. 

Approved March 21^, 1906. 



164 Acts, 1906. — Chaps. 195, 196, 197. 



Chap.195 Ak Act to authorize the clerk of the second district 

COURT OF eastern MIDDLESEX TO EMPLOY TEMPORARY CLER- 
ICAL ASSISTANTS. 

Be it enacted, etc., as follows: 

assistlfnce Section 1. The clei'k of the second district court of 

second^diBtrict eastern Middlesex, on the certificate of the justice that 
court of tlie same is necessary, may from time to time employ tem- 

eastern Mid- ^ . , . " ^ "^ T 

diesex. porary clerical assistants, at an expense not exceeding two 

hundred dollars a year, for whose acts he shall be respon- 
sible, and persons so employed may be discharged at his 
pleasure or at the pleasure of the court, and shall be paid 
by the county treasurer upon a bill approved by the court 
and by the county commissioners. 

Section 2. This act shall take effect upon its passage. 

Approved March 2Jf, 1906. 

CJiapA^Q An Act to provide for clerical assistance for the clerk 

OF THE FIRST DISTRICT COURT OF ESSEX. 

Be it enacted, etc., as follows: 

assfsS^nce Section 1. The clcrk of the first district court of 

firstdistrict'^^ Esscx shall be allowed for clerical assistance, upon his 
court of Essex, certificate stating the time occupied and the name of the 
person or persons by whom the work was performed, pro- 
vided the justice of said court shall certify that the work 
was necessary and was actually performed, such sums, not 
exceeding six hundred dollars in any one year, as the 
county commissioners for the county of Essex may ap- 
prove. Said sums shall be paid monthly from the treas- 
ury of the county to the person or persons employed. 
Sect**'^^^ Section 2. This act shall take effect upon its passage, 
but shall cease to be operative whenever an assistant clerk 
of said court is appointed. Approved March 24, 1906. 

Chap.197 An Act to provide for clerical assistance for the clerk 
OF the first district court of northern Worcester. 

Be it enacted, etc., as follows: 

aslisumce Section 1. The clcrk of the first district court of 

to clerk of the northern Worcester shall be allowed for clerical assist- 

first district . , . • t t 

court of north- aucs, UDOu liis Certificate statmc; the time occupied and 

ern Worcester. -,'^», i i ,^ ^ 

the name of the person or persons by whom the work was 
performed, provided the justice of said court shall certify 



Acts, 1906. — Chap. 198. 165 

that the work was necessary and was actually performed, 
such sums not exceeding one hundred and fifty dollars in 
any one year as the county commissioners for the county 
of Worcester may approve. Such sums shall be paid quar- 
terly from the treasury of the county to the person or 
persons employed. 

Section 2. This act shall take effect upon its passage, when to take 
but shall cease to be operative whenever an assistant clerk ^ 
of said court is appointed. Approved March 2^, 1906. 

Ax Act relative to the parading of foreign troops. Chap,19S 

Be it enacted, etc., as follows: 

Section 1. Section one hundred and fifty-three of amended^ ^"''^' 
chapter four hundred and sixty-five of the acts of the 
year nineteen hundred and five is hereby amended by in- 
serting after the word ^' teachers ", in the twentieth line, 
the words : — that foreign troops whose admission to the 
United States has been consented to by the ITnited States 
government may, with the consent of the governor, drill 
and parade with firearms in public, — so as to read as 
follows: — Section 153. i^o bodv of men, except the vol- i>rm\??.etc., 

•T • 1 r-i'^TT'in 11 with tirearnis 

unteer militia, the troops of the United States and the prohibited in 

, cGrtniri CtiSGs 

Ancient and Honorable Artillery Company of Boston, 
shall maintain an armory or associate together at any 
time as a company or organization, for drill or parade 
with firearms; nor so drill or parade; nor shall any city 
or town raise or appropriate money toward arming, equip- 
ping, uniforming, supporting, or providing drill rooms or 
armories for any such body of men: provided, that asso- proviso, 
ciations wholly composed of soldiers honorably discharged 
from the service of the United States may parade in 
public with arms, upon the reception of any regiments or 
companies of soldiers returning from said service, and for 
escort duty at the burial of deceased soldiers, with the 
written permission of the mayor and aldermen of the city 
or selectmen of the town in which they desire to parade; 
that students in educational institutions where military 
science is a prescribed part of the course of instruction 
may, with the consent of the governor, drill and parade 
with firearms in public, under the superintendence of their 
teachers ; that foreign troops whose admission to the United n^a^i^rade?^'^ 
States has been consented to by the United States ffov- etc:, in certain 

*■ CtiSGS. 

ernment may, with the consent of the governor, drill 



166 



Acts, 1906. — Chap. 199. 



and parade with firearms in public ; and any body of 
men may, with the consent of the governor, drill and 
parade in public with any harmless imitation of firearms 
which has been approved by the adjutant general ; that 
regularly organized posts of the grand army of the repub- 
lic, and regularly organized camps of the legion of Span- 
ish war veterans, may at any time parade in public their 
color guards of not more than twelve men, armed with 
firearms ; that regularly organized camps of the sons of 
veterans may at any time parade in public their color 
guards of ten men with firearms ; and that any organiza- 
tion heretofore authorized thereto by law may parade with 
sidearms, and any veteran association composed wholly of 
past members of the militia of this Commonwealth may 
maintain an armory for the use of the organizations of the 
militia to which its members belonged. 

Section 2. This act shall take effect upon its passage. 

Approved March 34, 1906. 

CAa«.199 An Act relative to the trustees of the ministerIx^l 

FUND IN THE FIRST PARISH IN CAMBRIDGE. 



1816, 74, § 2, 
amended. 



Election of 
members. 



1816, 74, § 9, 
amended. 



Record of 
property, etc. 



Repeal. 



Be it enacted, etc., as follows: 

Section 1. Chapter seventy-four of the acts of the 
year eighteen hundred and sixteen is hereby amended by 
striking out section two and inserting in place thereof the 
following : — Section 2. The first parish in Cambridge 
may, if it sees fit, at any meeting thereof, duly warned 
for the purpose, choose seven persons belonging to said 
parish to be members of said corporation kno\\m as The 
Trustees of the Ministerial Fund in the first parish in 
Cambridge, who shall hold office until their successors 
shall be chosen and qualified. 

Section 2. Said chapter seventy-four is hereby fur- 
ther amended by striking out section nine and inserting 
in place thereof the following: — Section 9. Said trus- 
tees shall cause to be recorded in their book of records, by 
their clerk, a correct statement of the property in their 
hands, and shall report to the parish at its annual meet- 
ing the receipts and disbursements for the preceding year, 
and the assets of said fund. 

Section 3. Section eleven of said chapter seventy-four 
is hereby repealed. 

Section 4. This act shall take effect upon its passage. 

Approved March 21^, 1906. 



Acts, 1906. — Chaps. 200, 201. 167 



An Act relative to state aid for high schools in small (J/ian.200 

TOWNS. 

Be it enacted, etc., as folloivs: 

Section 1. If a town of less than five hundred fami- |-|^'^sf ,foo°s in 
lies maintains a high school of its own of the character certain towns, 
described in section two of chapter forty-two of the Re- 
vised Laws, and employs at least two teachers therein, it 
shall be entitled to receive annually from the treasury of 
the Commonwealth toward the support of such high school 
the sum of five hundred dollars. 

Section 2. So much of section three of said chapter Repeal, 
forty-two, as amended by chapter four hundred and thirty- 
three of the acts of the year nineteen hundred and two, 
as is inconsistent herewith is hereby repealed. 

Section 3. This act shall take effect on the first day ^^^^J^ ^'^ *^^^ 
of January in the year nineteen hundred and seven. 

Approved March 26, 1906. 



Cha2).201 



An Act relative to service of process in certain 

actions. 

Be it enacted, etc., as follows: 

Section 1. Section twenty-eight of chapter one hun- r. l. i67, §28, 
dred and sixty-seven of the Revised Laws is hereby amended, 
amended by adding at the end thereof the following : — 
except that wdien a county, city, towTi, parish or religious 
society is summoned as a trustee, or the proprietors of 
wharves, general fields or real estate lying in common are 
summoned as trustees, by a writ which is issued by a trial 
justice, a police, district or municipal court, the writ shall 
be served seven days at least before the return day, — so 
as to read as f ollow^s : — Section 28. The writ in an ac- service upon 
tion against a county, city, town, parish or religious soci- ra«ons.°°^'^° 
ety, or against 23roj)rietors of wharves, general fields or 
real estate lying in common, shall be served thirty days at 
least before the return day, except that when a county, 
city, town, parish or religious society is summoned as a 
trustee, or the proprietors of wdiarves, general fields or 
real estate lying in common are summoned as trustees, by 
a writ which is issued by a trial justice, a police, district 
or municipal court, the wa-it shall be served seven days at 
least before the return day. 



168 Acts, 1906. — Chap. 202. 

Repeal. Section 2. All acts and parts of acts inconsistent here- 

with are hereby repealed. 

Section 3. This act shall take effect upon its passage. 

Approved March 26, 1906. 



Char>,'2t0'2i Ax Act to authorize the city of chicopee to make a 

BRIDGE LOAN. 



Chicopee and 
West Spring- 
field Bridge 
Loan. 



R. L. 27 
to apply. 



May provide 
for annual 
payments. 



Be it enacted, etc., as folloirs: 

Section 1. The city of Chicopee may issue notes, scrip 
or bonds in excess of the statutory debt limit to an amount 
not exceeding sixty-seven thousand five hundred dollars, 
to be designated on the face thereof, Chicopee and West 
Sj^ringfield Bridge Loan. Such notes, scrij) or bonds shall 
bear interest, j^ayable semi-annually, at a rate not exceed- 
ing four per cent per annum, and shall be j^ayable at such 
time, not exceeding thirty years from the date thereof, as 
shall be determined by the city by vote of its board of 
aldermen, and as shall be expressed on the face of such 
notes, scrip or bonds. The proceeds of said loan shall be 
used in payment of the expenses imposed upon the city of 
Chicopee under the provisions of chapter three hundred 
and ninety-eight of the acts of the year nineteen hundred 
and four, being " An Act to provide for the construction 
of a bridge over the Connecticut River between the City 
of Chicopee and the Town of West Springfield." Except 
as otherwise provided herein the provisions of chapter 
twenty-seven of the Revised Laws shall, so far as they 
may be applicable, apply to the indebtedness hereby au- 
thorized and to the securities issued therefor. 

Section 2. The board of aldermen of said city shall 
at the time of authorizing said loan provide for the pay- 
ment thereof in such annual proi:)ortionate payments as 
will extinguish the same within the time prescribed by 
this act, and thereafter, without further action by said 
board, the amount required for such payments shall be as- 
sessed by the assessors of the city in each year, in the same 
manner in which other taxes are assessed under tlie pro- 
visions of section thirty-seven of chapter twelve of the 
Revised Laws, until the debt so incurred by the city is 
extinguished. 

Section 3. This act shall take effect upon its passage. 

Approved March 26, 1906. 



Acts, 1906. — Chap. 203. 169 



An Act relative to arrest and examination on civil QJia p. 203 

PROCESS. ^ ' 

Be it enacted, etc., as follows: 

Section 1. Section twenty of chapter one hundred a,;i^nied. ^ ^*^' 
and sixtv-eight of the Revised Laws is hereby amended 
by striking ont the words " unless one of the parties re- 
quests that it be wholly or partially in writing ", in the 
seventh and eighth lines, and inserting in place thereof 
the words : — or in writing, at the discretion of the court, 
— so as to read as follows : — Section 20. If the judg- Examination 
ment debtor appears before the magistrate at the time and debtor"™*"^ 
place named, he shall be examined on oath upon the 
charges specified in said notice to him. Such examina- 
tion may be in the presence of the magistrate or otherwise 
as he shall order, and when completed, if in writing, shall 
be signed and sworn to by the debtor, and shall be pre- 
served by the magistrate. The examination and hearing 
shall be oral or in writing, at the discretion of the court, 
and either party may introduce additional evidence. If tvlholizei.^^^ 
the debtor fails to appear at the examination or, if ap- 
pearing, fails to comply with all lawful orders of the 
magistrate, or if the truth of one at least of charges two 
to six, inclusive, specified in section seventeen, is proved 
to the satisfaction of the magistrate, the arrest may be 
authorized upon the original execution or upon an alias 
or other successive execution issuing on the same judg- 
ment. If the time for the return of the execution ex- 
pires while the examination is pending, the arrest may 
be authorized upon an alias or other successive execution, 
in like manner and for the same reasons as upon the 
original execution. If the time for the return of the 
execution or of an alias or other successive execution, issu- 
ing on the same judgment, expires after a certificate au- 
thorizing an arrest has been afiixed thereto, and before 
such arrest has been made thereon, a copy of said original 
certificate, made and certified by the clerk of the court 
or by the magistrate issuing such execution, shall be afiixed 
to any such alias or other successive execution, and such 
copy shall have the same force and effect as the original 
certificate. 

Section 2. Section forty-one of said chapter one hun- r. l. les, § 41, 
dred and sixty-eight is hereby amended by striking out ^"^^^ ^ 



170 Acts, 1906. — Chap. 201:. 

the words " shall, if required by either party, be ", in the 
eighth line, and inserting in place thereof the words : — 
may be, at the discretion of the court, oral or, — and by 
inserting after the word " which ", in the ninth line, the 
Exammation ^,yQY^ ; — latter, — SO as to read as follows : — Section J^l. 

01 poor debtor, ' _ . J^ 

If the defendant or debtor has given notice that he desires 
to take the oath for the relief of poor debtors, the magis- 
trate shall examine him on oath relative to his property, 
the disposal thereof and his ability to pay the debt or sat- 
isfy the cause of action for which he is arrested ; and 
Examination either party may introduce additional evidence. The 

may be oral or , . .^ -^ ,.•' , . . 

in writing. plamtiiT or Creditor may upon such examination propose 
to the defendant or debtor interrogatories pertinent to the 
inquiry, and the examination may be, at the discretion 
of the court, oral or in writing, in which latter case it 
shall be signed and sworn to by the defendant or debtor, 
and preserved by the magistrate. 

Section 3. This act shall take effect upon its passage. 

Approved March 26, 1906. 

Chap.204z -^^ ^'^CT TO PROVIDE FOR THE APPOINTMEXT AND RELATIVE TO 
THE DUTIES OF A BANK COMMISSIONER. 

Be it enacted, etc., as follows: 
Bankcommis- Section 1. There shall be a bank commissioner for 

sioner, ap- tit • ^ ^ 

pointment, the Commonwealth, appointed by the governor, with the 
advice and consent of the council, who shall not be an 
officer of or directly or indirectly interested in any na- 
tional bank or in any bank, trust company, corporation, 
business or occupation that requires his official supervi- 
sion. He shall not engage in any other business, and 
shall hold his office for the term of three years from the 
date of his commission and until his successor is appointed 
and qualified. He may be removed by the governor, with 

To give bond, the consent of the council. He shall give bond with sure- 
ties in the sum of twenty thousand dollars, to be approved 
by the treasurer and receiver general, for the faithful per- 
formance of his duties, and the expense of procuring such 

compensation. ^^^^^ ^^^^^i be paid by the Commonwealth. He shall re- 
ceive in full compensation for his ser\nces an annual salary 
of five thousand dollars. 

eLTminers!* Section 2. The Commissioner may, with the approval 

of the governor and council, appoint, and with their con- 
sent remove, a deputy commissioner to assist him in his 



Acts, 1906. — Chap. 204 171 

duties, who shall receive an annual salary of three thou- 
sand dollars, and five examiners, who shall each receive 
an annual salary of two thousand dollars. In case of a 
vacancy in the office of commissioner, or during the ab- 
sence or disability of that ofiicer, the deputy commissioner 
shall perform the duties of the office. The commissioner cierksand 
may employ such clerks and assistants as the public busi- 
ness in his charge may require, at salaries to be approved 
by the governor and council, and shall also be allowed 
necessary office expenses and the actual expenses incurred 
by him and his subordinates in travelling in the perform- 
ance of official duties. The deputy commissioner, examin- Deputy, etc, 

-. 1 • in-i 1 •,! _L- J. to give bond. 

ers, clerks and assistants shall give bond with sureties to 
be approved by the commissioner, in such sum as he may 
require, for the faithful performance of their duties, the 
expense of procuring which shall be paid by the Common- 
wealth. 

Section 3. The bank commissioner, either personally Powers and 
or by his deputy and examiners shall, except as herein- 
after provided, exercise the powers and perform the duties 
now conferred or imposed by law upon the board of com- 
missioners of savings banks ; and upon the appointment 
and qualification of said bank commissioner, the board of 
commissioners of savings banks shall cease to exist. 

Section 4. The bank commissioner, the treasurer and ^oner*^?"™^^' 
receiver general and the commissioner of corporations gfate'(?fticiai8 
shall constitute a board which shall exercise the powers to constitute a 

,,. CI" 11 board, with 

and perform the duties conferred or imposed upon the certain 
board of savings bank commissioners by section three of 
chapter three hundred and seventy-four of the acts of the 
year nineteen hundred and four, by chapter three hun- 
dred and fifty-five of the acts of the year nineteen hun- 
dred and two, by section two of chapter one hundred and 
fourteen of the Revised Laws, and by section twenty of 
chapter one hundred and sixteen of the Revised Laws. 

Section 5. All acts and parts of acts inconsistent Repeal, 
herewith are hereby repealed. 

Section 6. This act shall take effect upon its passage. 

Approved March 27, 1906. 



172 



Acts, 1906. — Chap. 205. 



1898, 400, § 1, 
etc., amended. 



Chap. 20^ Ax Act relative to appropriatioxs for the support of 

THE PUBLIC schools IN THE CITY OF BOSTON. 

Be it enacted, etc., as foUoics: 

Section 1. Section one of chapter four hundred of 
the acts of the year eighteen hundred and ninety-eight, 
as amended by section one of chajjter four hundred and 
forty-eight of the acts of the year nineteen hundred and 
one, and by section one of chapter one hundred and sev- 
enty of the acts of the year nineteen hundred and three, 
is hereby further amended by adding at the end thereof 
the words: — and provided, further, that in the year 
nineteen hundred and six the said school committee, in- 
stead of appropriating solely for repairs and alterations 
of school buildings the whole proceeds of the twenty-five 
cents ujDon each one thousand dollars of the valuation on 
which the appropriations of the city council are based, 
as aforesaid, may appropriate therefrom the sum of sixty 
thousand dollars for the support of the public schools, in 
addition to the amounts hereinbefore authorized to be ap- 
propriated for that purpose, and may appropriate for re- 
pairs and alterations of school buildings, as aforesaid, the 
remainder of the proceeds of said twenty-five cents upon 
each one thousand dollars of the valuation on which the 
appropriations of the city council are based, — so as to 
read as follows: — Section 1. The school committee of 
the city of Boston, in each year, by vote of two thirds of 
priafiols^Ttc. all its members, taken by yeas and nays, may make an 
appropriation in one sum for constructing and furnish- 
ing new school buildings, including the taking of land 
therefor and for school yards, and the preparing of school 
yards for use, and may also make an appropriation in 
one sum for repairs and alterations of school buildings, 
and may make such other appropriations by items for 
the support of the public schools as it deems necessary. 
The total amoimt to be used in any one year for the 
public schools of the city and their support, in addition 
to the money which may be given therefor, the income 
collected, the balance of appropriations of years preced- 
ing such year, and the money which may be authorized 
by acts of the general court passed prior to the year nine- 
teen hundred and two and not repealed, shall not exceed, 
prior to said last named year, an amount equal to two 



School com- 
mittee of 
Boston may 
make appro 



Acts, 1906. — Chap. 205. 173 



dollars and ninety cents, and after the year nineteen hun- 
dred and one an amount equal to three dollars and forty 
cents, upon each one thousand dollars of the valuation on 
which the appropriations of the city council are based; 
and the amount which may so be raised shall be appro- 
priated by the school committee as aforesaid, and shall 
be a part of and be met by taxes within the tax limit; 
and of said amount of three dollars and forty cents not 
less than forty cents upon every such one thousand dol- 
lars shall be appropriated solely for new school build- 
ings, lands, yards and fiirnishings as aforesaid, and not 
less than twenty-five cents upon every such one thousand 
dollars shall be appropriated solely for repairs and altera- 
tions of school buildings : provided, that in the year nine- Provisos, 
teen hundred and three the school conunittee, instead of 
appropriating the said forty cents upon every such one 
thousand dollars solely for new school buildings, lands, 
yards and furnishings, as aforesaid, may appropriate such 
l^ortion thereof as the mayor of the city may approve, not 
exceeding sixty thousand dollars, for the support of the 
public schools, in addition to the amounts hereinbefore 
authorized to be used for that purpose; and provided, fur- 
ther, that in the year nineteen hundred and six the said 
school committee, instead of appropriating solely for re- 
pairs and alterations of school buildings the whole pro- 
ceeds of the twenty-five cents upon each one thousand 
dollars of the valuation on which the appropriations of 
the city council are based, as aforesaid, may appropriate 
therefrom the sum of sixty thousand dollars for the sup- 
port of the public schools, in addition to the amounts 
hereinbefore authorized to be appropriated for that pur- 
pose, and may appropriate for repairs and alterations of 
school buildings, as aforesaid, the remainder of the pro- 
ceeds of said twenty-five cents upon each one thousand 
dollars of the valuation on which the appropriations of 
the city council are based. 

Section 2. This act shall take effect upon its passage. 

Approved March 28, 1906. 



174: 



Acts, 1906. — Chaps. 206, 207, 208. 



(7^ap.206 An Act to dissolve the evangelical society in Lan- 
caster. 

Be it enacted, etc., as follows: 

Section 1. The Evangelical Society in Lancaster, in- 
corporated by chapter two hundred and twenty-nine of 
the acts of the year eighteen hundred and fifty-two, is 
hereby dissolved. 

Section 2. This act shall take effect upon its passage. 

Approved March 30, 1906. 



The Evangel 
ical Society 
in Lancaster 
dissolved. 



1905, 411, § 1, 
amended. 



Chap.^yj An Act to extend the time within which a new bridge 
may be constructed over the merrimac river in the 

city of HAVERHILL. 

Be it enacted, etc., as foUoivs: 

Section 1. Section one of chapter four hundred and 
eleven of the acts of the year nineteen hundred and five 
is hereby amended by striking out the word " July ", in 
the sixth line, and inserting in place thereof the word : — 
March, — and by striking out the word " six ", in the 
sixth line, and inserting in place thereof the word : — 
Time extended sevcn, — SO as to read as follows: — Section 1. The time 
within which a new bridge may be constructed over the 
Merrimac river in the city of Haverhill, in accordance 
with the provisions of chapter four hundred and sixty-six 
of the acts of the year nineteen hundred and three, is 
hereby extended to the first day of March in the year 
nineteen hundred and seven. 

Section 2. This act shall take effect upon its passage. 

Approved March 30, 1906. 



for construe 
tion of a new 
bridge over 
the Merrimac 
river, etc. 



Chap.208 An Act relative to membership in the proprietors of 

THE SOUTH CHURCH IN SALEM. 



The ProiJrie- 
tors of the 
South Church 
in Salem, 
membership, 
etc. 



Be it enacted, etc., as follows: 

Section 1. All persons now holding deeds to pews or 
parts of pews in the church building formerly standing 
on Chestnut street in Salem, which belonged to the Pro- 
prietors of the South Church in Salem, incorporated April 
fourteenth, eighteen hundred and thirty-eight, shall be 
deemed to be proprietors or members of said corporation, 
and other persons over twenty-one years of age may be- 



Acts, 1906. — Chap. 209. 175 

come proprietors or members upon such terms and condi- 
tions as may from time to time be prescribed by the 
by-laws of said cor23oration. Each proprietor or member 
shall have as many votes as he has sittings. 

Section 2. So much of chapter one hundred and Repeal, 
twenty-four of the acts of the year eighteen hundred and 
four, approved March fifteenth, eighteen hundred and five, 
as is inconsistent herewith is hereby repealed. 

Section 3. This act shall take effect upon its passage. 

Approved March SO, 1906. 

An Act relative to the essex county law library at rjjinr^j 909 

LAWRENCE. ^ ' 

Be it enacted, etc., as follows: 

Section 1. The law library heretofore established at Essex county 
Lawrence shall be under the care and control of the Law- care of, etc.' 
rence Bar Association, an incorporated body ; and said 
association may make and enforce reasonable rules and 
regulations for the use of said library. The title to all 
books in the library shall be in the county of Essex. 

Section 2. Said law library shall be entitled to receive to receive 
immediately after publication one copy of all legislative ments^ "^*^°"' 
and public documents to which law library associations 
now are or may hereafter be entitled. 

Section 3. For the purposes of maintaining said li- Naturalization 
brary and from time to time adding thereto, providing appropriated 
for the salary of the librarian, and for other necessary nance of 
expenses, the treasurer of the county of Essex shall annu- ^^^' 
ally, beginning with the first day of January in the year 
nineteen hundred and six, pay over to said Lawrence Bar 
Association all naturalization fees collected in the police 
court of Lawrence, and the further sum of two thousand 
dollars. 

Section 4. Chapter three hundred and sixty-seven of Repeal, 
the acts of the year eighteen hundred and ninety-seven, 
chapter two hundred and fifty-eight of the acts of the 
year eighteen hundred and ninety-eight, and chapter three 
hundred and sixty-three of the acts of the year nineteen 
hundred and two are hereby repealed. 

Section 5. This act shall take effect upon its passage. 

Approved March 30, 1906. 



176 Acts, 190(3. — Chaps. 210, 211. 

(7Aa».210 Ax Act relative to removals and suspensions from 

OFFICE AND EMPLOYMENT OF POLICE OFFICERS IN THE 
CLASSIFIED CIVIL SERVICE. 

Be it enacted, etc., as follows: 

^im^onot Section 1. Every police officer now holding or bere- 
pohce officers, after appointed to an office classified under the civil ser- 
vice rules of the Commonwealth, in any city, and whether 
appointed for a definite or stated term, or otherwise, shall 
hold such office continuously during good behavior, and 
shall not be removed therefrom, lowered in rank or com- 
pensation, or suspended, or, without his consent, trans- 
ferred from such office or employment to any other, except 
for just cause and for reasons specifically given in writ- 
ing by the removing officer or board, 
etc*' fo apply. Section 2. The provisions of section two of chapter 
three hundred and fourteen of the acts of the year nine- 
teen hundred and four, and of acts in amendment thereof, 
shall apply to the police officers designated in section one 
hereof. 

Section 3. This act shall take eifect upon its jDassage. 

Approved March 30, 1906. 



Chap.2H An Act relative to the amount of property which may 

BE HELD BY THE TEMPLETON VILLAGE IMPROVEMENT SO- 
CIETY. 

Be it enacted, etc., as follows: 

amended^' Section six of chapter ninety-eight of the acts of the 

year nineteen hundred is hereby amended by inserting 
after the word " exceeding ", in the eleventh line, the 
words : — one hundred and, — so as to read as follows : 
vm.^e"im^*"° — Section 6. Said corporation may receive and hold for 
locSy may the purposcs mentioned in this act any grants, gifts or 
bequests etc bcqucsts, under such conditions and rules as may be pre- 
scribed in such grants, gifts and bequests, if not inconsist- 
ent with the provisions of law^ or of this act; and in the 
absence of conditions attached to any such grant, gift or 
bequest, all funds thus received shall be held in trust, the 
income only to be expended for the general purposes of 
the corporation as before mentioned ; and such grants, 
gifts or bequests, whether in real estate or personal prop- 
erty, not exceeding one hundred and fifty thousand dol- 



Acts, 1906. — Chap. 212. 177 

lars in value, in addition to the one hundred acres of land 

before mentioned, shall be exempt from taxation so long 

as they are administered for the public purposes herein 

set forth: provided, however, that any real estate so held pj'o^iso. 

by said corporation outside the limits of the to^^^l of 

Temj)leton shall not be exempt under this act. 

Approved March 30. 1906. 

An Act relative to the retirement of commissioned (JJi^rf^ 212 

OFFICERS IN THE MILITIA. 

Be it enacted, etc., as folloivs: 

Section 1. Section eighty-three of chapter four hun- 1905, 465, § 83, 
dred and sixty-five of the acts of the year nineteen hun- ^^^^ ^ ' 
dred and five is hereby amended by inserting after the 
word " application ", in the nineteenth line, the words : 
— Any commissioned ofiicer who shall have been so re- 
tired who afterward accepts a commission in the active 
militia may at any time, upon his own application, again 
be placed upon the retired list with the rank with which 
he was formerly retired, — so as to read as follows : — 
Section 83. Brigadier generals of the line at the expira- Retirement of 
tion of their term of ofiice shall be placed on the retired m^^siraed"'" 
list if they so request. officers. 

Any commissioned officer in the militia service who has * 
served as such in the active militia of this Commonwealth 
for the continuous period of ten years may, upon his own 
application, be placed upon the retired list, with the rank 
held by him at the time of making such application ; but 
an officer who, at the time of making such application, 
has remained in the same grade for the continuous period 
of ten years, or has served as a commissioned officer for 
the continuous period of fifteen years, or, having served 
in the army or navy of the United States in time of war 
and having been honorably discharged therefrom, has also 
served as a commissioned officer in the militia of this 
Commonwealth for the continuous period of five years, 
shall be retired with rank next in grade above that held 
by him at the time of making such application. Any com- 
missioned officer who shall have been so retired who after- 
wards accepts a commission in the active militia may at 
any time, upon his own application, again be placed upon 
the retired list with the rank with which he was formerly 
retired. 



178 Acts, 1906. — Chaps. 213, 214. 

The commander-in-chief may retire any commissioned 
officer who shall have been ordered by him before a medi- 
cal board consisting of at least three commissioned medical 
officers, if such board report him to be physically unable 
to perform the duties of his office, 
printedf ° ^ The uamcs and records of all retired officers shall an- 
nually be printed in a separate register in order of their 
retired rank, to be ajipended to the report of the adjutant 
general. 

Section" 2. This act shall take effect iipon its passage. 

Approved March SO, 1906. 

Chap.213 An Act to extend the term of office of the members of 

THE BOSTON TRANSIT COMMISSION. 

Be it enacted, etc., as foUoivs: 

of^Boston^*^^ Section 1. The term of office of the members of the 
mts'^sfoifex-' Bostou transit commission is hereby extended for three 
tended. years from the first day of July in the year nineteen hun- 

dred and six. 
dutiea^^^^ Section 2. The powers, duties and compensation of 

said commission during said term of three years shall be 
the same as are specified in chapter five hundred and 
forty-eight of the acts of the year eighteen hundred and 
ninety-four and in acts in amendment thereof or in addi- 
tion thereto ; and any vacancy occurring in said commis- 
sion shall be filled in the manner provided in said chap- 
ter five hundred and forty-eight. Said compensation and 
the expenses incurred by said commission shall be paid as 
provided in said chapter five hundred and forty-eight and 
in acts in amendment thereof or in addition thereto. 
Section 3. This act shall take effect upon its passage. 

Approved March 30, 1906. 

Chap.214: An Act relative to the construction of public ways 

IN THE CITY OF BOSTON AND REPEALING ACTS PROVIDING 
FOR THE CONSTRUCTION OF SUCH WAYS BY LOANS OUTSIDE 
OF THE DEBT LIMIT. 

Be it enacted, etc., as follows: 

of'pubiic^ways Section 1. Every public way in the city of Boston 

Boston '"^^ ''^ hereafter laid out, relocated, altered or widened, except 

those ways constructed under some special act in which 

a contrary provision is made, shall be constructed by the 



Acts, 1906. — Chap. 214. 179 

superintendent of streets of said city, and the expenses in- 
curred in such construction shall be paid either from ap- 
propriations made for that purpose by the city council or 
from the proceeds of loans for that purpose authorized 
from time to time by an affirmative vote of two thirds of 
all the members of each branch of the city council taken 
by a call of yeas and nays, such loans and the bonds sold 
and issued therefor to be within the debt limit. 

Section 2. Section one of chapter three hundred and Repeal, etc. 
twenty-three of the acts of the year eighteen hundred and 
ninety-one, as amended by chapter four hundred and sixty- 
five of the acts of the year nineteen hundred and one, 
section two of said chapter three hundred and twenty- 
three, as amended by section one of chapter four hundred 
and eighteen of the acts of the year eighteen hundred and 
ninety-two, section eighteen of said chapter three hundred 
and twenty-three, chapter two hundred and sixty-eight of 
the acts of the year eighteen hundred and ninety-five,. 
chapter three hundred and thirty-four of the acts of the 
year eighteen hundred and ninety-five, chapter three hun- 
dred and nineteen of the acts of the year eighteen hundred 
and ninety-seven, chapter four hundred and forty-three of 
the acts of the year eighteen hundred and ninety-nine, and 
all other acts and parts of acts inconsistent with this act, 
are hereby repealed ; but the repeal of said acts shall not 
affect in any way the validity of any bonds, notes or cer- 
tificates of indebtedness issued, or of any acts done, under 
authority thereof. 

Section 3. All amounts, sums and apportionments re- credits to 
ceived by the treasurer of said city from any assessments |tc. '^^ " ' 
laid or to be laid on account of betterments from public 
improvements, the expenses of which were paid for by 
the proceeds of said loan or loans (known as Highways, 
Improvement of. Loan) shall be paid to the board of com- 
missioners of sinking funds of said city to be by them 
credited to the sinking funds established for said loan or 
loans. The interest and any deficiency in the sinking 
fund of said loan or loans shall be raised by taxation 
under the provisions of section twelve of chapter twenty- 
seven of the Revised Laws. 

Section 4. This act shall take effect upon its passage. 

Approved March 30, 1906. 



180 



Acts, 1906. — Chaps. 215, 216, 217. 



Chap.215 An Act relative to the use of false weights and 

MEASURES. 

Be it enacted, etc., as foUoius: 

Chapter sixtj-two of the Revised Laws is hereby amended 
by striking out section thirty-three and inserting in place 
thereof the following : — Section 33. AVhoever uses, or 
has in his possession with intent to use, a false or con- 
demned weight, measure, scale, balance or beam for weigh- 
ing or measuring any commodity sold or exchanged may 
for each offence be fined not more than fifty dollars. The 
possession of such weight, measure, scale, balance or beam 
shall be prima facie evidence that the same was intended 
to be used in violation of law. 

Approved March 30, 1906. 



R. L. 62, § 33, 
amended. 



Penalty for 
using, etc., 
false weights 
and measures. 



(7Aa79.216 An Act to extend the franchise and rights of the 

HUNTINGTON AND WESTFIELD RIVER RAILWAY COMPANY. 



1903, 346, § 8, 
amended. 



Time 
extended, etc. 



Be it enacted, etc., as follows: 

Section eight of chapter three hundred and forty-six of 
the acts of the year nineteen hundred and three is hereby 
amended by striking out the word " three ", in the third 
line, and inserting in place thereof the word : — six, — 
and by striking out the w^ord " five ", in the sixth line, 
and inserting in place thereof the word: — eight, — so 
as to read as follows : — Section 8. The authority herein 
granted shall cease if ten miles of the proposed railway 
have not been built and put in operation at the end of 
six years from the passage of this act, and it shall cease 
as to all towns mentioned in section two in which the pro- 
posed railway has not been built and put in operation at 
the end of eight years from the passage of this act. 

Approved March 30, 1906. 



Chav-'^VT An Act relative to the operation of a street railway 

LINE ON HAVERHILL, PINE AND MAIN STREETS IN THE 
TOWNS OF WAKEFIELD AND READING. 

Be it enacted, etc.. as follows: 

A street rail- Section 1. Any street railway company which shall 

operating on" coustruct and Operate a street railway on Haverhill, Pine 

i" Re'Idfng'''^^^ ^ and ]\Iain streets in the towns of Wakefield and Reading 

maVsuspend'^ from the tracks of the Boston and Northern Street Rail- 



Acts, 1906. — Chap. 218. 181 

way Company at or near the junction of Main and Lowell cars"et?''^° °* 
streets in the to^ni of Wakefield to the land of the Bay 
State Military Rifle Association in the town of Reading, 
may annually suspend the operation of cars over such 
railway between the points above specified for such period 
and between such dates in each year as the board of rail- 
road commissioners shall approve and for which period, 
from the nature and extent of the travel on said railway, 
the said board shall find that there is no adequate public 
demand for transportation in that year: provided, how- Proviso. 
ever, that nothing in tliis act shall affect the authority of 
a board of aldermen or of the selectmen to compel the 
removal from any public way of any tracks, the use of 
which is voluntarily discontinued under authority of ex- 
isting provisions of law, and such discontinuance, unless 
approved as aforesaid, shall be deemed a surrender of the 
company's location for so much of its railway as is dis- 
continued, with the same effect as if such part of the 
location had been revoked in accordance with law. 

Section 2. This act shall take effect upon its passage. 

Approved March 31, 1906. 

An Act relative to the purchase of electricity by (Jhnj) 91 g 

TOWNS from street RAILWAY COMPANIES. "^ 

Be it enacted, etc., as follows: 

Section one of chapter four hundred and forty-nine of ami^d*ed^ ^' 
the acts of the year nineteen hundred and two is hereby 
amended by striking out the words " and which is not 
itself engaged in such business ", in the third and fourth 
lines, and by inserting after the word " light ", in the 
eighth and fourteenth lines, the words : — or power, — so 
as to read as follows: — Section 1. A town in which no certain towns 
person or corporation is engaged in the business of gener- "leJtricity^''^*^ 
ating or distributing electricity for sale for lighting pur- i-auwlv 
poses, and which has voted or shall vote, in accordance v^^es'. 
AA-ith the provisions of chapter thirty-four of the Revised 
Laws, to construct one or more plants for the manufac- 
ture or distribution of electricity for furnishing light or 
power for municipal use or for the use of its inhabitants, 
or for both purposes, may make a contract or contracts, 
for a term not exceeding ten years, with any street rail- 
way comjjany or companies operating a street railway in 
such town, for the purchase of electricity from such street 



eet 
com- 



182 



Acts, 1906. — Chap. 219. 



railway company or companies, for the purpose of fur- 
nishing light or power for municipal use or for the use 
of its inhabitants, or for both purposes; and street rail- 
way companies may make contracts for furnishing elec- 
tricity as aforesaid to a to^^^l, but the same shall not 
become operative unless the board of railroad commission- 
ers shall, after a public hearing, approve the terms thereof 
as consistent wdth the public interests. 

Approved March 31, 1906. 



Chap.2il9 ^^ ^^^ EELATIVE TO PROCEDURE IN^ THE FORECLOSURE OF 

MORTGAGES BY SALE. 



R. L. 187, §14, 
amended. 



Rights of a 
mortgagee 
under power 
of sale, etc. 



R. L. 187, § 1.^ 
amended. 



Be it enacted, etc., as follows: 

Section 1. Section fourteen of chapter one hundred 
and eighty-seven of the Revised Laws is hereby amended 
by inserting after the word " sale ", in the second line, 
the words : — or the attorney duly authorized by writing 
under seal, or the legal guardian or conservator of such 
mortgagee or person acting in the name of such mortgagee 
or person, — so as to read as follows : — Section IJf.. The 
mortgagee or a person who has his estate in the land mort- 
gaged or a person authorized by the power of sale, or the 
attorney duly authorized by writing under seal, or the 
legal guardian or conservator of such mortgagee or per- 
son acting in the name of such mortgagee or person, may, 
upon a breach of the condition and without action brought, 
do all the acts authorized or required by the power; but 
no sale under such power shall be effectual to foreclose 
a mortgage, unless, previous to such sale, notice thereof 
has been published once in each of three successive weeks, 
the first publication to be not less than twenty-one days 
before the day of sale, in a newspaper, if any, published 
in the city or town in which the land lies; otherwise, in 
a newspaper published in such county. 

Section 2. Section fifteen of said chapter one hun- 
dred and eighty-seven is hereby amended by inserting after 
the word " selling ", in the first line, the words : — or the 
attorney duly authorized by writing under seal, or the 
legal guardian or conservator of such person, — by insert- 
ing after the word " acts ", in the second line, the words : 
— or the acts of his principal or ward, — and by striking 
out the words " he has in all res]iects complied with the 
requirements of the power of sale and of the statute ", 



Acts, 1906. — Chap. 220. 183 

in the seventh and eighth lines, and inserting in place 
thereof the words : — the requirements of the power of 
sale and of the statute have in all respects been complied 
with, — so as to read as follows: — Section 15. The per- Record of 
son selling, or the attorney duly authorized by writing evidence, 
under seal, or the legal guardian or conservator of such 
person, shall, within thirty days after the sale, cause a 
copy of the notice and his affidavit stating his acts, or the 
acts of his principal or ward, fully and particularly to be 
recorded in the registry of deeds for the county or dis- 
trict in which the land lies, with a note of reference 
thereto on the margin of the record of the mortgage deed, 
if the mortgage is recorded in the same registry. If the 
affidavit shows that the requirements of the power of sale 
and of tlie statute have in all respects been complied with, 
the affidavit, or a certified copy of the record thereof, 
shall be admitted as evidence that the power of sale was 
duly executed. 

Section 3. Nothing contained in this act shall be so vaudityof 
construed as to impair the validity of any foreclosure not impaired, 
heretofore made. Approved March SI, 1906. 

An Act to authorize the sale of the franchise and Chap.'2i2i0 

PROPERTY OF THE RHODE ISLAND AND MASSACHUSETTS 
RAILROAD COMPANY TO THE NEW YORK, NEW HAVEN AND 
HARTFORD RAILROAD COMPANY. 

Be it enacted, etc., as follows: 

Section 1. The Ehode Island and Massachusetts Eail- ?^il^Sd 
road Company may sell its franchise and property to the ^'^fiiTOad^com^ 
'New York, ISTew Haven and Hartford Railroad Company, pany may, seu 
and that company may purchase such franchise and prop- etc. 
erty, upon such terms and conditions as may be agreed 
to by the directors of said corporations, respectively, and 
approved by the board of railroad commissioners and by 
votes of the shareholders of said corporations, respectively ; 
and upon such purchase the purchaser shall become sub- 
ject to and held to perform all the duties and obligations 
of the seller. 

Section '2. This act shall take effect upon its passage. 

Approved March 31, 1906. 



184 



Acts, 1906. — Chats. 221, 222. 



Chap.22\ Ax Act relative to deposits in lieu of recogxizaxces by 

PERSOXS HELD IX CUSTODY UPOX A CRIMIXAL CHARGE AXD 
EXTITLED TO BE RELEASED OX BAIL. 



R. L. 217, § ' 
amended. 



Deposit in 
lieu of recog- 
nizance, etc. 



Be it enacted, etc., as follows: 

Section seventy-seven of chapter two hundred and seven- 
teen of the Eevised Laws is hereby amended by striking 
out the words " If a person who is arrested on criminal 
process has been ordered to recognize with surety or sure- 
ties for his appearance before any court or trial justice, 
he ", in the first three lines, and inserting in place thereof 
the words : — A person who is held in custody or com- 
mitted upon a criminal charge, if entitled to be released on 
bail, — and by inserting after the word " recognizance ", 
in the fourth line, the words : — to appear before any 
court or trial justice, — so as to read as follows : — Sec- 
tion 77. A person who is held in custody or committed 
upon a criminal charge, if entitled to be released on bail, 
may, instead of giving surety or sureties, at any time 
give his personal recognizance to appear before any court 
or trial justice and deposit the amount of the bail which 
he is ordered to furnish with the court, trial justice or 
magistrate authorized by law to take such recognizance 
who shall give him a certificate thereof, and upon deliver- 
ing said certificate to the officer in whose custody he is, 
he shall be released. The court, trial justice or magis- 
trate shall forthwith, upon the receipt of such amount, 
deposit it with the clerk of the court or with the trial 
justice before whom such person was recognized to appear, 
or if such court has no clerk, shall deposit it with the 
justice thereof. Approved March 31, 190G. 



Chap.2'2i'2, Ax Act to authorize the uxiox of the proprietors of 

CROMBIE STREET CHURCH IX SALEM WITH THE PROPRIETORS 
OF THE SOUTH CHURCH IN SALEM. 

Be it enacted, etc., as follows: 
Certain reii- Section 1. The Proprietors of Crombie Street Church 

glOUS societies .^, . i-r-ii • t • ^ 1 

in Salem may m Salem, incorporated February twentieth, eighteen hun- 
dred and thirty-three, are hereby authorized to unite with 
the Proprietors of the South Church in Salem, incorpo- 
rated April fourteenth, eighteen hundred and thirty-eight, 
whenever the members of said corporations by a majority 
vote of those present and voting at meetings called for the 



Acts, 1906. — Chap. 222. 185 

purposes sliall so vote, and when such votes have been 
passed the said Proprietors of Crombie Street Church in 
Salem shall become a part of and be merged in the Pro- 
l^rietors of the South Church in Salem. 

Section 2. After said votes have been passed the Pro- Franchises, 
prietors of the South Church in Salem shall have and ^'''"'''^' ^^• 
enjoy all the franchises, powers, privileges, property and 
rights of every kind now belonging to the Proprietors of 
Crombie Street Church in Salem; and shall assume and 
be subject to all the duties, debts and liabilities of said 
Proprietors of Crombie Street Church in Salem. 

Section 3. All property, whether real or personal, held ^"v'To°\h™^u 
in trust by said Proprietors of Crombie Street Church in thcProinietors 

o 1 1 n 1 1 • • 1 -r. • ^ 1 o 1 of the South 

Salem shall be vested m said Proprietors oi the South Church in 
Church in Salem, to be held upon the same, or, as nearly 
as possible, upon the same trusts as said trust property 
is now held. In case of doubt as to the precise manner 
in which said trust property, or the income thereof, shall 
be applied, the matter may be determined by the supreme 
judicial court, upon application of any person interested 
or of the attorney-general, and until said court shall other- 
wise order said trust property and the income thereof 
shall be applied in accordance with the terms of the orig- 
inal trusts, or as nearly as possible in accordaiice there- 
with, by said Proprietors of the South Church in Salem. 

Section 4. After the said votes shall have been passed RigWs of 

ci-r-»- c/^ members, etc. 

all the proprietors or members of the Proprietors of Crom- 
bie Street Church in Salem shall become proprietors or 
members of the said Proprietors of the South Church in 
Salem, with all the rights of any members thereof. 

Section 5. The records and other books and papers Records, etc. 
of said Proprietors of Crombie Street Church in Salem 
shall be the property of the Proprietors of the South 
Church in Salem, and certified copies of the votes of the 
said corporations agreeing to the union authorized by this 
act, sworn to by their respective clerks, and recorded in 
the registry of deeds for the county of Essex, shall be 
sufficient evidence of the union. 

Section 6. The Crombie Street Congregational Church Membership, 
in Salem is hereby authorized to unite with the church 
affiliated with the Proprietors of the South Church in 
Salem, known as the South or Third Church, whenever 
the members of said churches by a majority vote of those 
present and voting at meetings called for the purpose shall 



186 



Acts, 1906. — Chap. 222. 



Property to 
vest in new 
society, to be 
called" the 
Pilgrim Con- 

gregational 
hurch. 



Records, etc. 



Damages. 



SO vote, and when such votes have been passed tlie said 
The Crombie Street Congregational Church shall become 
part of and be merged in said church affiliated with the 
Proprietors of the South Church in Salem, and all per- 
sons who are members of said The Crombie Street Con- 
gregational Church shall become members of said church 
affiliated .with the Proprietors of the South Church in 
Salem, with all the rights of any members thereof, and 
the name of said church is hereby changed to Pilgrim 
Congregational Church, 

Section 7. All the property, whether real or personal, 
belonging to The Crombie Street Congregational Church 
in Salem, and all property held in trust by said church, 
by the deacons of said church, or by the pastor and dea- 
cons of said church, shall be vested in the deacons or the 
pastor and the deacons, as the case may be, of the church 
affiliated with the Proprietors of the South Church in 
Salem, to be held by them upon the same, or, as nearly 
as possible, upon the same trusts as said trust property 
is now held. In case of doubt as to the precise manner 
in which said trust property or the income thereof shall 
be divided, the matter may be determined by the supreme 
judicial court upon application of any person interested, 
or of the attorney-general, and until the court shall other- 
wise order said trust property and the income thereof shall 
be applied in accordance with the terms of the original 
trusts, or as nearly as possible in accordance therewith, 
by the deacons of said church affiliated with the Pro- 
prietors of the South Church in Salem, liereafter to be 
called Pilgrim Congregational Church, or by the pastor 
and deacons of said church, as the case may be. 

Section- 8. All records and other books and papers of 
said The Crombie Street Congregational Church in Salem 
sliall be the property of said church affiliated with the 
Proprietors of the South Church in Salem, hereafter to 
be called Pilgrim Congregational Church. 

Section 9. Any person aggrieved by the provisions of 
this act may at any time within six months after the 
recording of the copies of the votes above provided for 
apply by petition to the superior court for the county of 
Essex to have his damages determined by a jury therein, 
or by or under the direction of said court ; and all dam- 
ages so awarded, with the costs of suit allowed by statute 



Acts, 1906. — Chap. 223. 187 

in civil actions attending such award, shall be paid by the 
Proprietors of the South Church in Salem. 

Section 10. This act shall take effect upon its passage. 

Approved March 31, 1906. 

An Act to require notices to be given to parties claim- QJinj) 223 
INS liens in case the same is to be dissolved by a ^ ' 

BOND. 

Be it enacted, etc., as follows: 

Section twenty-eight of chapter one hundred and ninety- r. l. 197, § 28, 
seven of the Revised Laws is hereby amended by inserting ^^^^ ^ 
after the word " sixty-seven ", in the fourteenth line, the 
words : — Before such bond is approved, the party wash- 
ing to dissolve the lien or a person in his behalf shall make 
application in writing to the magistrate, specifying therein 
the names and residences of the proposed sureties, and, 
except in case the proposed surety is a surety company 
qualified to do business in this Commonwealth, therein set- 
ting forth the property with which each of said sureties 
proposes to qualify, and in case said property, as so set 
forth, be realty, then giving the date of acquiring the same, 
the location, assessed value, and incumbrances thereon, if 
any. ISTotice of the time and place of the hearing, con- 
taining a copy of the application to the magistrate, shall 
be given to the plaintiff or his attorney as provided in 
sections twenty-seven to thirty, inclusive, of chapter one 
hundred and seventy-five, but the plaintiff or his attorney 
may in writing waive such notice or may approve the bond 
at any time, — so as to read as follows : — Section 28. A ^ll^°^^^^°° °' 
person who has an interest in property upon which the 
lien has been claimed may at any time before final judg- 
ment dissolve the lien upon his interest in the whole or 
any part of the property by giving bond to the party claim- 
ing the lien, wuth sureties who shall be approved in writ- 
ing by him or his attorney, by a justice of a police, 
district or municipal court or by a master in chancery, 
conditioned to pay to such person within thirty days after 
final judgment an amount fixed as the value of said in- 
terest or so much thereof as may be necessary to satisfy 
the amount for which said interest may be found to be 
subject to such lien. If the parties do not agree as to the 
value of said interest, it may be fixed in accordance with 
the provisions of sections one hundred and twenty-one and 



188 Acts, 1906. — Chai\ 224. 

one hundred and twenty-two of chapter one hundred and 
sixty-seven. Before such bond is approved, the party wish- 
ing to dissolve the lien or a person in his behalf shall make 
application in w^riting to the magistrate, specifying therein 
the names and residences of the proposed sureties, and, 
except in case the proposed surety is a surety company 
qualified to do business in this Commonwealth, therein set- 
ting forth the property with which each of said sureties 
proposes to qualify, and in case said property, as so set 
forth, be realty, then giving the date of acquiring the same, 
the location, assessed value, and incumbrances thereon, if 
Notice of time any. ISToticc of the time and place of the hearing, contain- 
hearing, etc. ing a copy of the application to the magistrate, shall be 
given to the plaintiff or his attorney as provided in sec- 
tions twenty-seven to thirty, inclusive, of chapter one hun- 
dred and seventy-five, but the plaintiff or his attorney may 
in writing waive such notice or may approve the bond at 
any time. The bond shall contain a description of the 
property or interest to be released and the obligor shall, 
wathin ten days after its approval, cause it to be recorded 
in the registry of deeds for the county or district in which 
the property lies. The lien shall not be dissolved until 
the bond has been so recorded, after which the bond may 
be taken by the obligee from the registry. 

Approved March 31, 1906. 

Chap.22i4: An Act to authorize the appointment of a receiver of 

DEBTS AND OBLIGATIONS DUE TO ABSENTEES IN CERTAIN 

cases. 
Be it enacted, etc., as follows: 
R. L. 144, §1, Section 1. Section one of chapter one hundred and 

etc. . ampnnpn. ^ - , , 

forty-four of the Revised Laws, as amended by section 
fourteen of chapter five hundred and forty-four of the acts 
of the year nineteen hundred and two, and by section 
one of chapter two hundred and forty-one of the acts of 
the year nineteen hundred and three, is hereby further 
amended by adding at the end thereof the following : — 
If such absentee has left no corporeal property within 
this Commonw^ealth, but there are debts and obligations 
due or owing to such absentee from persons within the 
Commonwealth, a petition may be filed under oath as pro- 
vided in this chapter, stating the nature and amount of 
such debts and obligations, so far as they are known, and 



etc., amended. 



Acts, 1906. — Chap. 224 189 

praying that a receiver thereof may be appointed. The 
court may thereupon issue a notice as provided in this 
chapter, without issuing a warrant as herein provided, and 
may, upon the return of said notice and after a hearing, 
dismiss the petition or appoint a receiver and authorize 
and direct him to demand and collect the debts and obliga- 
tions specified in said petition. If a receiver is appointed 
he shall give bond as provided in this chapter, and he 
shall hold the proceeds of such debts and obligations and 
all property received by him, and he shall distribute the 
same as provided in this chapter. The receiver may be fur- 
ther authorized and directed as provided in section seven 
of this chapter, — so as to read as follows: — Section 1. appointment of 
If a person entitled to or having an interest in property receiver, etc. 
within the jurisdiction of the Commonwealth has disap- 
peared or absconded therefrom, or has disappeared or ab- 
sconded from the place without the Commonwealth where 
he was last known to be, and has no agent in the Com- 
monwealth, and it is not known where he is, or if such 
person, having a wife or minor child dependent to any 
extent upon him for support, has thus disappeared or 
absconded without making suilicient provision for such 
support, and it is not known where he is, or if it is kno^^^l 
that he is without the Commonwealth, anyone wdio would 
under the law of this Commonwealth be entitled to ad- 
minister upon the estate of such absentee if he were de- 
ceased, or if no one is known to be so entitled, any suit- 
able person, or such wufe, or some one in her or such 
minor's behalf, may file a petition under oath in the pro- 
bate court for the county in which any such property is 
situated or found, stating the name, age, occupation and 
last known residence or address of such absentee, the date 
and circumstances of the disappearance or absconding, and 
the names and residence of other persons, whether mem- 
bers of such absentee's family or otherwise, of whom in- 
quiry may be made, and containing a schedule of the 
propert}^, real and personal, so far as it is known, and its 
location within the Commonwealth, and praying that such 
property may be taken possession of and a receiver thereof 
appointed under the provisions of this chapter. If such 
absentee has left no corporeal property within this Com- 
monwealth, but there are debts and obligations due or 
owing to such absentee from persons within the Common- 
wealth, a petition may be filed under oath as provided in 



190 



Acts, 1906. — Chap. 225. 



Notice to be 
given by the 
court. 



this chapter, stating the nature and amount of such debts 
and obligations, so far as they are known, and praying 
that a receiver thereof may be appointed. The court may 
thereupon issue a notice as provided in this chapter, with- 
out issuing a warrant as herein provided, and may, upon 
the return of said notice and after a hearing, dismiss the 
petition or appoint a receiver and authorize and direct 
him to demand and collect the debts and obligations speci- 
fied in said petition. If a receiver is appointed he shall 
give bond as provided in this chapter, and he shall hold 
the proceeds of such debts and obligations and all prop- 
erty received by him, and he shall distribute the same as 
provided in this chapter. The receiver may be further 
authorized and directed as provided in section seven of 
this chapter. 

Section 2. This act shall take effect upon its passage. 

Approved April 2, 1906. 



Cliav.^^^ An Act to provide for compensating persons held in 
quarantine by order of boards of health. 



R. L. 75, § 4-2, 
amended. 



Board of 
health to pro- 
vide hospital, 
etc. 



Be it enacted, etc., as follows: 

Section forty-two of chapter seventy-five of the Revised 
Laws is hereby amended by adding at the end thereof 
the following : — When the board of health of a city or 
to^\ii shall deem it necessary in the interest of the public 
health to require a resident wage-earner to remain within 
such house or place, or otherwise to interfere with the 
following of his employment, he shall receive from such 
city or town during the period of his restraint compensa- 
tion to the extent of three fourths of his regular wages: 
provided, hoiuever, that the amount so received shall not 
exceed two dollars for each working day, — so as to read 
as follows : — Section Jf.2. If a disease which is danger- 
ous to the public health breaks out in a town, or if a 
person is infected or lately has been infected with such 
disease, the board shall immediately provide such hospital 
or place of reception, and such nurses and other assistance 
and necessaries, as is judged best for his accommodation 
and for the safety of the inhabitants, which shall be sub- 
ject to the regulations of the board. The board may cause 
any sick or infected person to be removed thereto, if it 
can be done without danger to his health; otherwise the 
house or place in which he remains shall be considered 



Acts, 1906. — Chaps. 226, 227. 191 

as a hospital, and all persons residing in or in any way 
connected therewith shall be subject to the regulations of 
the board, and, if necessary, persons in the neighborhood 
may be removed. When the board of health of a city or To receive 
town shall deem it necessary in the interest of the public durmg^penod 
health to require a resident wage-earner to remain within ° '■estramt. 
such house or place, or otherwise to interfere with the 
following of his employment, he shall receive from such 
city or town during the period of his restraint compensa- 
tion to the extent of three fourths of his regular wages: 
provided, however, that the amount so received shall not Proviso, 
exceed two dollars for each working day. 

Approved April 2, 1906. 

Ax Act relative to the American humane education QJi(i7j.226 

SOCIETY. 

Be it enacted, etc., as follows: 

Section 1. The board of directors of the American Funds, etc., of 
Humane Education Society, a corporation established by Humanr^"'^" 
chapter one hundred and thirty-four of the acts of the foc"etyTobe 
year eighteen hundred and eighty-nine, may from time of ^r'^ygte^s'.'^*'^ 
to time vest in and place under the control of such trus- 
tee or trustees as they may appoint, any part of the funds 
or other property of the corporation, to be held subject 
to any trusts affecting the same, and otherwise upon such 
terms and conditions as the directors may j^rescribe. 

Section 2. The organization of said corporation and ^o'Jflnifed!*"^ 
the title of its officers are hereby ratified and confirmed. 

Section 3. This act shall take effect upon its passage. 

Approved April 2, 1906. 

An Act relative to the Massachusetts society for the (7/^^7^,227 
prevention of cruelty to animals, ^ ' 

Be it enacted, etc., as follows: 

Section 1. The board of directors of the Massachu- Funds, etc., of 
setts Society for the Prevention of Cruelty to Animals, a setts society 
corporation established by chapter eighty-one of the acts ventio^nof*^ 
of the year eighteen hundred and sixty-eight, may from Animais'?obe 
time to time vest in and place under the control of such 0° fifustees'^*'^ 
trustee or trustees as they may appoint, any part of the 
funds or other property of the corporation, to be held sub- 
ject to any trusts affecting the same, and otherwise upon 
such terms and conditions as the directors may prescribe. 



192 Acts, 1906. — Chaps. 228, 229, 230. 

conflrmed!°° SECTION 2. The Organization of said corporation and 

the title of its officers are hereby ratified and confirmed. 

Section 3. This act shall take effect upon its passage. 

Approved April 2, 1906. 

Chap.228 An Act to provide for compensating the justice of the 

SECOND district COURT OF BARNSTABLE FOR CLERICAL 
WORK. 

Be it enacted, etc., as follows: 

to^cieruifi^^ Section 1. There shall be allowed and paid to the 
i^8tk,-e°of"ttie justice of the second district court of Barnstable three 
second district hundred dollars a year for clerical work. 

court of Barn- ''. i n i rv 

stable. bECTiON 2. Ihis act shali take eiiect upon its passage. 

Approved April 2, 1906. 

Chap.^i^Q An Act relative to janitors of public schoolhouses in 

THE CITY OF LOWELL. 

Be it enacted, etc., as follows: 
Appointment Section 1. Hereafter the school committee of the city 

and removal <• n i i • i • 

of janitors of of Lowcll shall havo full and exclusive authority to ap- 
houses. point and remove the janitors of the public schoolhouses 

of the city and to direct them in the discharge of their 

duties, and such janitors shall be under the control of said 

committee. 
Repeal, etc. Section 2. So mucli of any act or of any ordinance 

of the city of Lowell as is inconsistent herewith is hereby 

repealed or annulled. 

Section 3. This act shall take effect upon its passage. 

Approved April 2, 1906. 

Chap.230 An Act to authorize the county commissioners of the 

COUNTY OF HAMPDEN TO BORROW MONEY FOR THE CON- 
STRUCTION OF THE BRIDGE BETWEEN CHICOPEE AND WEST 
SPRINGFIELD. 

Be it enacted, etc., as follows: 

Hnn"^)^en ma Section 1. In Order to provide for the share of the 
borrow money exDcnse of buildins; the new bridge over the Connecticut 

topavcostof . i ". /• r-n • 1 ii J. J* TTT J. 

construction rivcr between the city oi Chicopee and the town ot West 
ri ge, e c. gpj.'jjgggj^j^ Iq j^g "bome by the county of Hampden, ac- 
cording to the provisions of chapter three hundred and 
ninety-eight of the acts of the year nineteen hundred and 



Acts, 1906. — Chap. 231. 193 

four, which provides for the construction of said bridge, 
the county commissioners of the said county are hereby 
authorized to borrow the sum of forty-five thousand dol- 
lars on the credit of the county, and to issue notes, bonds 
or scrip therefor. The said loan shall be paid out of the Annual pay- 

, '11 • ^ , c !_ • ^ 1 nients on loan. 

amount received by said county lor taxes, m such annual 
payments as the said commissioners may determine. 
Section 2. This act shall take effect upon its passage. 

Approved April 2, 1906. 

An Act relative to the terms of office of the superin- Qj^^p 231 

TENDENT AND ASSISTANT SUPERINTENDENTS OF THE PUBLIC ^ * 

SCHOOLS OF THE CITY OF BOSTON. 

Be it enacted, etc., as follows: 

Section 1. The school committee of the city of Boston, school commit- 
in the current year, and in each sixth year thereafter, shall to'ciccfsuijer- 
elect a superintendent of schools, who shall hold office for e^c?"^^*^*^*^' 
the term of six years from the first day of September in 
said year. In the current year the school committee shall 
elect six assistant superintendents, one of whom shall hold 
office for one year, one for two years, one for three years, 
one for four years, one for five years and one for six 
years, all of said terms to begin on the first day of Sep- 
tember in the current year ; and thereafter said committee 
shall annually elect one assistant superintendent for the 
term of six years from the first day of September in the 
year of his election. If a vacancy shall occur in the office vacancies. 
of superintendent or of assistant superintendent the school 
committee shall fill such vacancy or vacancies for the 
unexpired term. The school committee shall define the Duties and 
duties and fix the compensation of the superintendent and «o"'Pcnsafion. 
assistant superintendents, and may remove them, or any of 
them, for cause. The superintendent and assistant super- 
intendents shall constitute a board, to be known as the 
board of superintendents. The superintendent shall, when 
present, preside at the meetings of said board. Said board Powers, etc. 
shall have all the powers and duties now or hereafter con- 
ferred or imposed by law upon the board of supervisors 
of said city. !N^o member of either branch of the city 
council or of the school committee shall hold the office of 
superintendent or assistant superintendent, and no mem- 
ber of either branch of the city council shall be a member 
of the school committee. 



194 



Acts, 1906. — Chaps. 232, 233, 234. 



Election, etc. 



Repeal. 



SECTioisr 2, The votes of a majority of the whole num- 
ber of members of the school committee of the city of 
Boston shall be necessary to elect the superintendent of 
schools, the assistant superintendents, the head masters 
of the Latin, normal and high schools, the masters of the 
grammar schools, the director of a special study or exer- 
cise, or any officer employed by said committee. 

Sectio:n' 3. Sections seven and eight of chapter two 
hundred and forty-one of the acts of the year eighteen 
hundred and seventy-five are hereby repealed. 

Section 4. This act shall take eifect upon its passage. 

Approved April 2, 1906. 



Chap.^^'2t An Act to increase the compensation of the elevator 

MEN AT THE STATE HOUSE. 



Salaries of 
elevator men 
at the state 
house. 



Be it enacted, etc., as follows: 

Section 1. Each of the elevator men at the state 
house shall be paid an annual salary of nine hundred 
dollars, to be so allowed and paid from the first day of 
January in the year nineteen hundred and six. 

Section 2. This act shall take effect upon its passage. 

Approved April 2, 1906. 



Chap.233 An x\ct to establish the salary of the sheriff of the 

COUNTY OF HAMPDEN. 



Salary of 
sheriff of 
Hampden 
county. 



Be it enacted, etc., as follows: 

Section 1. The annual salary of the sheriff of the 
county of Hampden shall be two thousand dollars, to be 
so allowed from the first day of January in the year nine- 
teen hundred and six. 

Section 2. This act shall take effect upon its passage. 

Approved April 2, 1906. 



Chap.2S4: An Act relative to the Massachusetts 

association. 



state automobile 



Erection of 
signboards, 
etc., on high- 
ways. 



Be it enacted, etc., as follows: 

Section 1. The Massachusetts state automobile asso- 
ciation may, under the direction of the Massachusetts higli- 
way commission, erect signboards or notices at such points 
or places upon the highways of the Commonwealth as the 
commission may deem necessary or proper for the safety 



Acts, 1906. — Chaps. 235, 236. 195 

and convenience of users of the highways and of persons 
living contiguous thereto, the cost of such signboards or 
notices and the expenses in connection with their erection 
and maintenance to be defrayed by said Massachusetts 
state automobile association. 

Section 2. This act shall take effect upon its passage. 

Approved April 2, 1906. 



CJiai^.'im 



An Act relative to the annual reports of the metro- 
politan WATER AND SEWERAGE BOARD. 

Be it enacted, etc., as follows: 

Section 1. The metropolitan water and sewerage board R^po^ 9,* 

j. o metropolitan 

shall, on or before the third Wednesday m January m water and 
each year, in accordance with the provisions of chapter ijoard. 
two hundred and eleven of the acts of the year nineteen 
hundred and five, report to the general court an abstract 
of its receipts, expenditures, disbursements, assets and lia- 
bilities for the preceding fiscal year, as required by said 
act, together with all recommendations for legislation which 
it deems desirable, and shall in the month of February 
present a more detailed statement of its doings for the 
calendar year next preceding, the same to be printed as 
its annual report for the year. 

Section 2. This act shall take effect upon its passage. 

Approved April 2, 1906. 

An Act to provide for a water supply for the millers njjfj^ 9qa 

FALLS water SUPPLY DISTRICT. -^ '"^ 

Be it enacted, etc., as follows: 

Section 1. The Millers Falls Water Supply District, The Miners 
as established by chapter one hundred and fifty of the supply 
acts of the year eighteen hundred and ninety-six, and by Jontnf/tTora 
chapter five hundred of the acts of the year nineteen hun- ^aiel.'^ "^^ 
dred and two, and for the purposes mentioned in said 
acts, may contract with the Turners Falls Fire District 
for a supply of water, on such terms and conditions as 
may be agreed upon by said fire district and said water 
supply district, and said fire district may furnish such 
supply of water to said water supply district. 

Section 2. This act shall take effect upon its passage. 

Approved April 2, 1906. 



196 



Acts, 1906. — Chaps. 237, 238. 



Chap.'2i^l An Act to authorize the new haven and Northampton 

COMPANY TO INCREASE ITS CAPITAL STOCK, TO ISSUE BONDS, 
AND TO SELL ITS FRANCHISE AND PROPERTY TO THE NEW 
YORK, NEW HAVEN AND HARTFORD RAILROAD COMPANY. 



The New 
Haven and 
Northampton 
Comjiany may 
increase" its 
capital stock, 
etc. 



May sell its 
franchise, etc. 



Liability for 
debts, etc. 



Be it enacted, etc., as follows: 

Section 1. The ISTew Haven and Xorthampton Com- 
pany, for the purpose of paying its outstanding indebted- 
ness and improving its road, may increase its capital stock 
and issue bonds, which may be secured by mortgage or 
otherwise upon its franchise and property, to such amounts 
respectively as the railroad commissioners may upon hear- 
ing approve for such purposes, subject to the provisions 
of the general law as to the issue of such capital stock 
and bonds. 

Section 2. The New Haven and Xorthampton Com- 
pany may sell its franchise and property to the Kew York, 
iSI^ew Haven and Hartford Railroad Company, and that 
company may purchase such franchise and property, upon 
such terms and conditions as may be agreed to by the 
directors of the purchasing and selling corporations, respec- 
tively, and approved by the board of railroad commission- 
ers and by votes of the shareholders of said corporations ; 
and upon such purchase tlie purchaser shall become sub- 
ject to, and held to pay, all the debts and to perform all 
the duties and obligations of the seller. 

Section 3. This act shall take effect upon its passage. 

Approved April 3, 1906. 



Chap.238 An Act relative to the apportionment of tpie cost of 

THE BRIDGE OVER THE ACUSHNET RIVER BETWEEN THE CITY 
OF NEW BEDFORD AND THE TOWN OF FAIRHAVEN. 



Be it enacted, etc., as follows: 



Apportion- 
ment of cost 



Section 1. The board of three commissioners hereto- 
the'Acushner ^^^^ appointed by the superior court in accordance with 
river. the provisious of section six of chapter three hundred and 

sixty-eight of the acts of the year eighteen hundred and 
ninety-three, and of section six of chapter four hundred 
and thirty-nine of the acts of the year nineteen hundred, 
is hereby authorized to apportion the cost of the highway 
bridge and approaches thereto constructed under the pro- 
visions of said chapter three liundrod and sixty-eight and 



Acts, 1906. — Chap. 238. 197 

of acts in amendment thereof and in addition thereto, so 
far as such cost may have been determined and paid, as 
provided in said acts, and may report their apportionment 
to the superior court, as provided in said acts, notwith- 
standing that certain items of cost remain unascertained 
and unpaid ; and the superior court shall in the manner 
provided in said acts accept and affirm said report and 
enter judgment thereon as provided in said acts. 

SECTioisr 2. The said board of commissioners may pro- Percentage of 
vide for the apj)ortionment of such part of the cost as has apportioned, 
not been ascertained or paid at the date of its report by 
declaring in what percentages such cost shall hereafter be 
apportioned when it has been ascertained and paid. When 
such cost has been ascertained and paid by the city of 
ISTew Bedford, as provided in said acts, said city shall 
cause a statement, verified under oath by its city treasurer 
and setting forth in detail the amount of cost so ascer- 
tained and paid by it, to be filed in the superior court 
for the county of Bristol. The clerk of the superior court 
shall forthwith send notice of the filing of said statement 
to all parties upon whom any percentage of the amount 
thereof has been apportioned by said commissioners. If 
no party objects, in the manner hereinafter provided, to 
the amount of such statement, the superior court shall 
enter judgment against the several parties named by the 
commissioners, in the proportion fixed by the commission- 
ers, and the same shall thereupon be binding upon all 
jjarties, and the further proceedings thereon shall be the 
same as if the commissioners had found specific sums in 
their original report. Any party in interest, within thirty 
days after the filing of such statement, may object to the 
cost as stated by the city of x^ew Bedford, and may apply 
in writing to the superior court for the appointment of a 
commissioner. The superior court after such notice as the court to ap- 
court may order shall appoint a commissioner, who shall sk>^ner*^e"c""^' 
liear the parties and shall find the amount to be appor- 
tioned among them in the proj^ortion previously ascertained 
and reported by the original commissioners. He shall re- 
port his finding to the superior court, and judgment shall 
thereupon be entered in the manner above provided. 

SECTioisr 3. Section eiffht of chapter four hundred and 1900,439, §8, 

J- jinienQccl. 

thirty-nine of the acts of the year nineteen hundred is 
hereby amended by striking out the word " four ", in the 



198 



Acts, 1906. — Chaps. 239, 240, 211. 



eighteenth line, and inserting in place thereof the Avord: 
— six. 

Section 4. This act shall take effect upon its passage. 

Approved April 3, 1906. 

Chap.2S9 Ax Act relative to the taking of shiners for bait. 
Be it enacted, etc., as follows: 

Section 1. It shall be lawful to take shiners for bait 
in any of the waters of the Commonwealth bj means of a 
circular or hoop net not exceeding six feet in diameter, 
or bj means of a rectangular net other than a seine, con- 
taining not more than thirtv-six square feet of net sur- 
face. 

Section 2, The provisions of section twenty-six of 
chapter ninety-one of the Revised Laws, as amended by 
chapter three hundred and eight of the acts of the year 
nineteen hundred and four, and of section one hundred 
and thirty-two of said chapter ninety-one, shall not apply 
to a person taking fish other than shiners by means of the 
apparatus described in section one : provided, that such 
other fish are immediately returned alive to the water. 

Section 3. This act shall take effect upon its passage. 

Approved April 5, 1906. 

Chap.24:0 An Act to establish the office or clerk of the second 

district court of ESSEX. 



Shiners may 
be taken for 
bait. 



Certain pro- 
visions of law 
not to apply. 



Proviso. 



Oflice of clerk 
of second 
district court 
of Essex 
established. 



Be it enacted, etc., as folloivs: 

Section 1. There shall be a clerk of the second dis- 
trict court of Essex, who, in accordance with section one 
of chapter four hundred and fifty-three of the acts of the 
year nineteen hundred and four, shall receive a salary of 
seven hundred and twenty dollars a year, to be so allowed 
from the first day of April in the year nineteen hundred 
and six. 

Section 2. This act shall take effect upon its passage. 

Approved April 5, 1906. 



Chap.24:l -^^ ^CT TO PROVIDE for the CONFISCATION OF FERRETS IN 

certain, cases. 

Be it enacted, etc., as follows: 

R- ^-p^S "• Section eleven of chapter ninety-two of the Revised 

Law^s is hereby amended by adding at the end thereof 



Acts, 1906. — Chap. 242. 199 

the words : — Ferrets which are used in violation of the 
provisions of this section shall be confiscated, — so as to 
read as follows: — Section 11, Whoever takes or kills Penalty for 
a game bird or water fowl, hare or rabbit bj means of a etc.^fy snares, 
trap, net or snare, or bj the use of a ferret ; and whoever, 
for the purpose of taking or killing a game bird, water 
fowl, hare or rabbit, constructs or sets a trap, snare or 
net or uses a ferret ; and whoever shoots at or kills anj 
wild fowl or any of the so-called shore, marsh or beach 
birds with a swivel or pivot gun or by the use of a torch, 
jack or artificial light, or pursues any wild fowl with or 
by aid of a boat propelled by steam or naphtha, or of a 
boat or vessel propelled by any mechanical means other 
than sails, oars or paddles, or in that portion of Boston 
harbor lying westerly and southwesterly of a line running 
from Deer Island to Point Allerton, including the waters 
of Dorchester bay, Quincy bay, Weymouth bay and Hing- 
ham bay, shoots at, kills or pursues a wild fowl from or 
by the aid or use of any boat or floating device propelled 
by steam, naphtha, gasolene, electricity, compressed air, 
or any similar motive power, shall be punished by a fine 
of twenty dollars for each offence. The constructing or 
setting of a trap, snare or net adapted for the taking or 
killing of a game bird, water fowl, hare or rabbit, upon 
premises frequented by them, shall be prima facie evi- 
dence of such constructing and setting with intent to take 
and kill contrary to law; and possession of a ferret in a 
place where the game mentioned in this section might be 
taken or killed, shall be prima facie evidence that the 
person having it in possession has used it for taking and 
killing game contrary to law. Ferrets which are used in Ferrets may be 
violation of the provisions of this section shall be confis- ^^^ ^'^^^^ ' 
cated. Approved April 5, 1906. 



An Act relative to the physician" and surgeon at the cjJk,^ 24t2, 

STATE prison. -^ ' 

Be it enacted, etc., as follows: 

Section 1. Section seventeen of chapter two hundred ^^gnled ^^"' 
and twenty-three of the Revised Laws is hereby amended 
by striking out the words " or by him and the commis- 
sioners ", in the second line, and inserting in place thereof 
the words : — except the physician and surgeon, — so as 
to read as follows : — Section 17. ISTeither the warden nor 



200 Acts, 1906. — Chaps. 243, 24A. 

omcersnotto aiij officer appointed by him, except the physician and 
oufo/i)usmess. surgeon, shall be employed in any business for private 
emolument or which does not pertain to the duties of his 
office. 

Section 2. This act shall take effect upon its j^assage. 

Approved April 5, 1906. 

Chap.2i4:S An Act to authorize the consolidation op the prison 

CAMP AND HOSPITAL. 

Be it enacted, etc., as follows: 

andfiiosijitoi Section 1. Upon the establishment of the hospital 

estabUshed. prison, as provided by chaj)ter three hundred and fifty-five 
of the acts of the year nineteen hundred and five, the said 
hospital prison and the temporary industrial camp for 
prisoners shall be combined in one institution, to be known 
as the Prison Camp and Hospital; and all laws relative 
to said temporary industrial camp or to said hospital 
prison shall apply to said prison camp and hosj)ital. 
to'appTy^'^'^^^' Section 2. The provisions of section one hundred and 
thirty-one of chapter two hundred and twenty-five of the 
Revised Laws relative to the support of a sick prisoner 
shall apply to any prisoner who has been removed to said 
prison camp and hospital. Approved April 5, 1906. 

CJiap.2i4:4: An Act relative to the release from the Massachusetts 

REFORMATORY OF PRISONERS WHO HAVE BEEN REMOVED 
thereto FROM THE STATE PRISON. 

Be it enacted, etc., as follows: 

R- ^P^ § ^^'^' Section one hundred and seventeen of chapter two 
hundred and twenty-five of the Revised Laws is hereby 
amended by striking out all after the word " prescribe ", 
in the sixth line, to and including the word " prison ", in 
the eighth line, and inserting in place thereof the follow- 
ing : — but a prisoner who has been removed thereto from 
the state prison shall not be given a permit to be at liberty 
before the expiration of the minimum term of his sen- 
tence wdthout the consent of the governor and council, — 

Permit to go as to read as follows: — Seciion 117. If it appears to 

prisoners in , . . . ,i , • • ,i t\V i 

the Miissaciiu- the prison commissioners that a prisoner m the JMassachu- 

setts rcforma- , , /• , • i i i j 

tory, etc. sctts reiormatorv, or a prisoner who has been removed 

therefrom to a jail or house of correction, has reformed, 
they may issue to him a permit to be at liberty during 
the remainder of his term of sentence, upon such terms 



Acts, 1906. — Chap. 245. 201 

and conditions as they shall prescribe ; bnt a prisoner who 
has been removed thereto from the state prison shall not 
be given a permit to be at liberty before the exj)iration of 
the minimum term of his sentence without the consent of 
the governor and coimcil. They may delegate to a com- 
mittee of their board or to their secretary, until their 
next meeting, the authority to decide when such permit 
shall be issued. Approved April 5, 1906. 

An Act to authorize the town of winchendon to con- (JJki^j 245 
struct a system of sewerage. ^ ' 

Be it enacted, etc., as follows: 

Section 1. The town of Winchendon is hereby au- Town of 
thorized, through a board of commissioners elected as mayMmsfruct 
hereinafter provided, to lay out, construct, maintain and sewerage"* 
operate a system or systems of main drains and common 
sewers for a part or for the whole of its territory, with 
such connections and other works as may be required for 
a system of sewage disposal ; and said board, for the pur- 
pose of providing better surface or other drainage, guard- 
ing against pollution of w'aters, and otherwise protecting 
the public health, may lay, make and maintain such main 
drains as it deems best. For the purposes aforesaid the 
board may, within the limits of the town, deepen, widen 
and clear of obstruction any brook, stream or water 
course, and may straighten or alter the channels or divert 
the waters thereof, and may lay, make and maintain sub- 
drains. 

Section 2. Said board shall consist of three commis- scwercom- 
si oners, to be called sewer commissioners of the town of eicction^terms, 
Winchendon, who shall be citizens and residents of the '^^^■ 
town and shall be elected by ballot at a special meeting or 
at an annual meeting of the town, one commissioner to 
hold office for one year, one for two years and one for 
three years, respectively, from the date of the annual town 
meeting at which he is elected, or which follows the spe- 
cial meeting at which he is elected, and until his suc- 
cessor is elected and qualified ; and at each annual town 
meeting thereafter the town shall elect one member of 
the board to serve for three years or until his successor is 
elected and qualified. If a vacancy occurs in the board vacancy, 
the town may at a meeting called for the purpose elect a 
person duly qualified to fill the vacancy. 



202 



Acts, 1906. — Chap. 245. 



Mav acquire 
land, water 
rights, etc. 



Proviso. 



Description of 
lands, etc., to 
be recorded. 



Damages. 



Section 3. Said board of commissioners, acting in 
behalf of the town, shall have power to acquire, bj pur- 
chase or otherwise, any lands in fee and any water rights, 
rights of way and easements in said town, public or pri- 
vate, or private sewers, necessary for any of the pur- 
poses mentioned in this act, and may construct within the 
town such main drains and sewers under or over any 
water course, bridge, railroad, railway or way, or within 
the location of any railroad or railway, and may enter 
upon and dig up and excavate any private land, street or 
way, or railroad or railway location, for the purpose of 
laying such main drains and sewers, and of maintaining 
and repairing the same, and may do any other thing 
necessary or proper for the purposes of this act : provided, 
Jioirever, that said commissioners shall not take in fee any 
land of a railroad corporation, and that they shall not 
enter upon or construct any drains or sewers within the 
location of any railroad corporation, except at such time 
and in such manner as they may agree upon with such 
corporation, or, in case of failure to agree, as may be 
approved by the board of railroad commissioners. 

Section 4. Said board, in order to take any lands in 
fee, water rights, rights of way or easements otherwise 
than by purchase or agreement, shall cause to be recorded 
in the registry of deeds at Worcester, a statement signed 
by a majority of the board, containing a description 
thereof as certain as is required in a conveyance of land, 
and specifying that the same are taken under the author- 
ity of this act; and upon such recording the title in the 
lands, water rights, rights of way or easements described 
in such statement shall vest in the town of Winchendon, 
which shall pay all damages therefor and all other dam- 
ages which shall be sustained by any person or corporation 
through any action of said board under this act. Said 
board at the time of such taking shall notify the owners 
thereof in writing, and may agree with any person or 
corporation injured hereunder, upon the damages sus- 
tained by such person or corporation; and if the damages 
are not agreed upon, a jury in the su]ierior court for the 
county of Worcester may be had to determine the same, 
upon petition of either party, in the manner provided by 
law for determining the damages for land taken for the 
laying out of highways ; but in case of a taking no suit or 
petition shall be brought after the exj)iration of two years 



Acts, 1906. — Chap. 245. 203 

from the date of the recording of the taking as herein 
provided ; and in all other cases no suit or petition shall 
be brought after the expiration of two years from the 
time when the cause of action accrues. 

Sectio:n" 5. In every case of a petition for the assess- Town may 
ment of damages or for a jury said town may at any time specmedi'sum, 
file in the office of the clerk of the court an offer in writ- ^^'^' 
ing to pay the petitioner a sum therein specified as dam- 
ages ; and if the petitioner does not accept the same wdthin 
thirty days after notice of such offer, and does not finally 
recover a sum greater than that offered, not including 
interest from the date of the offer on the sum so recovered, 
the towm shall recover costs from the date of said notice, 
and the petitioner, if he does not recover damages to an 
amount greater than the amount specified in said offer, 
shall be entitled to costs only to said date. 

Section 6, The town of AVinehendon, for the purpose winchendon 
of paying the necessary expenses and liabilities incurred Loanf'^^^ 
under this act, may incur indebtedness to an amount not 
exceeding one hundred thousand dollars, and may issue 
from time to time therefor bonds, notes or scrip ; and the 
debt and loan authorized by this act and the bonds, notes 
or scrip issued therefor shall not be reckoned in determin- 
ing the statutory limit of indebtedness of the town. Such 
bonds, notes or scrip shall bear on their face the words, 
Winchendon Sewerage Loan, shall be payable within pe- 
riods not exceeding thirty years from the dates of issue, 
and shall bear interest payable semi-annually at a rate 
not exceeding four per cent per annum. They shall be 
signed by the treasurer of the to^\Ti and countersigned by 
a majority of the selectmen. The town may from time 
to time sell such securities, or any part thereof, at public 
or private sale, or pledge the same for money borrowed 
for the purposes of this act, provided that they shall not 
be sold or pledged for less than the par value thereof. 
The proceeds thereof shall be retained in the treasury and 
the treasurer shall, upon the order of said board of com- 
missioners, pay therefrom the expenses incurred for the 
purposes aforesaid. 

Secton Y. Instead of establishing a sinking fund the Annual 
town may at the time of authorizing the said loan provide p*''-^*"®'^^^- 
for the payment thereof in such annual payments as will 
extinguish the same within the time prescribed in this 
act: and when a vote to that effect has been passed the 



204 



Acts, 1906. — Chap. 245. 



Payment of 
loan. 



Commission- 
ers to appoint 
a clerk, etc. 



Contracts. 



■Rules and 
regulations. 



Penalties. 



amoTint required thereby, less the amount that may be 
appropriated therefor as provided in the following sec- 
tion, shall without further vote be assessed by the as- 
sessors of the to^^^l in each year thereafter, in the same 
manner in which other taxes are assessed under the pro- 
visions of section thirty-seven of chapter twelve of the 
Revised Laws, until the debt incurred by the to%vn is ex- 
tinguished. 

Section 8. The receipts from sewer assessments and 
from payments made in lieu thereof, and the premiums, 
if any, received from the sale of bonds, notes or scrip 
issued under authority of this act, shall be applied by the 
board of sewer commissioners to the payment of charges 
and expenses incident to the maintenance and operation 
of said systems of sewerage, or to the extension thereof, 
except that the to^vii may apply any part of such receipts 
to the pajnnent of the interest upon bonds, notes or scrip 
issued under authority of this act not otherwise provided 
for, or to the payment or redemption of such bonds, notes 
or scrip, as the town shall by vote determine, and the said 
receipts shall be used for no other purpose. If such re- 
ceipts shall not be sufficient for the purposes aforesaid in 
any year the town shall raise forthwith by taxation, in 
the same manner in which money is raised and appropri- 
ated for other town purposes, the balance required there- 
for. 

Section 9. Said board of commissioners shall annu- 
ally appoint a clerk, and may aj)point a superintendent 
of sewers, and may remove said clerk or superintendent 
at its pleasure. The compensation of the commissioners 
shall be fixed by the town. 

Section 10. All contracts made by said board of com- 
missioners shall be made in the name of the town and 
shall be signed by the board; but no contract shall be 
made or obligation incurred by the commissioners for any 
purpose in excess of the amount of money appropriated 
by the town therefor. 

Section 11. Said board of commissioners may from 
time to time prescribe rules and regulations for connect- 
ing estates and buildings with main drains and sewers, 
and for the inspection of the materials, the construction, 
alteration and use of all connections and drains entering 
into such main drains or sewers, and may imjiose penal- 
ties not exceeding twent}^ dollars for each violation of any 



Acts, 1906. — Chap. 246. 205 

such rule or regulation. Such rules or regulations shall be"pubii8hed° 
be j^ublished not less than once a week for three successive 
weeks in some newspaj)er published in the town of Win- 
chendon, if there be any, and if not, then in some news- 
paper published in the county of Worcester, and shall not 
take effect until such publication has been made. 

Section 12. ISTo act shall be done under the authority Plans to he 
of the preceding sections imtil the plans for said system tue^stiite' board 
of sewerage have been approved by the state board of *'*^'^'^^'^- 
health. 

Section 13. This act shall take effect upon its pas- When to take 
sage, but no expenditure shall be made and no liability 
incurred hereunder until this act has been accepted by 
vote of a majority of the voters of said town voting 
thereon at a legal meeting called for the purpose. The Sewer commis- 

,".,, !(• •• 1 sioners, etc. 

town may elect said board oi sewer commissioners at the 
same meeting at which it accepts this act. 

Approved April 5, 1906. 

An Act relative to water courses and drainage in the Qhr/^jj 24-i) 

TOWN OF BELMONT. ^' 

Be it enacted, etc., as follows: 

Section 1. The town of Belmont, for the purposes of ^onfn^'?''^" 
surface and ground drainage and for the protection of the improve cer- 
public health, may by its selectmen from time to time im- course's, etc. 
prove the brooks and natural streams and water courses in 
said town by widening the same, by removing obstructions 
in or over them, by diverting the water, or by altering 
the courses or deepening the channels or by constructing 
new channels, and may conduct the water of any such 
brook, stream or water course and any surface or ground 
water through pipes, covered conduits or open channels, 
or convert any such brook, stream or w^ater course, whether 
in its original channel or after the alteration of the course 
of the same, wholly or in part, into a covered conduit; 
and for the purposes aforesaid may from time to time May take 
purchase or take land in fee simple or otherwise, or any certain land, 
right or easement in land, including any brook, stream, 
pond or water course, or part of any brook, stream, pond 
or water course which is wholly or partly mthin the 
boundaries of any land so purchased or taken, and may 
change the course of any brook, stream or water course so 
that it shall be within said boundaries, and may by the 



206 



Acts, 190(3. — Ch.^. 246. 



Taking of 
land, etc. 



Damages. 



Proviso. 



construction of drains or otherwise divert any surface 
■water or ground water into any brook, stream, pipe, con- 
duit or channel constructed or maintained under authority 
of this act, and for the purposes of this act may conduct 
any brook, stream or drain across any railroad or street 
railway location, or across, along or under any way, with- 
out unnecessarily obstructing the same ; and may enter 
upon any land or way or do any w^ork thereon which the 
selectmen may deem necessary for said purposes, and may 
make such improvements on the land so taken or pur- 
chased as the selectmen shall deem necessary for the pro- 
tection of the public health or for protecting the water of 
any brook, stream, water course, drain, conduit or channel 
against pollution or obstruction ; and may construct such 
walks or ways thereon as the selectmen may deem neces- 
sary for public convenience, and may also enter upon the 
location of any railroad or railway corporation, by agree- 
ment with said corporation, for the purpose of improving 
in the manner hereinbefore provided brooks and natural 
streams flowing under or at the side of the railroad or 
railway tracks and within such location, and may do any 
w^ork thereon which said selectmen shall deem necessary; 
and for the purposes of this act may enter into any con- 
tracts or agreements with any person or corporation. 

Section 2. When any land or easement or right is 
taken under the provisions of the preceding section, the 
proceedings for the taking shall be the same as the pro- 
ceedings in the laying out of town ways. A description 
and plan of the land, easements or water or other rights 
so taken shall, within sixty days after the taking of the 
same, be filed for record by the town in the registry of 
deeds for the southern district of the county of Middlesex. 

Section 3. All claims for damages sustained by the 
taking of lands, rights or easements under authority of 
this act, otherwise than by purchase, or by any other act 
done under authority hereof, shall be ascertained and re- 
covered in the manner now provided by law in the case of 
land taken for the laying out of town ways in said town: 
iwovided, that, except in the case of lands taken under the 
provisions of law for the assessment of betterments, in 
estimating the damages sustained by any person by the 
taking of his property, or by any other thing done by vir- 
tue of this act, there shall be allowed by way of set-off 



Acts, 1906. — Chap. 246. 207 

the benefit, if any, to the property of sncli person result- 
ing from the taking or from any other act so done. 

Sectiojst 4. At any time witliin two years after any Assessmeut of 

IT xij. J. " J.^ J^ • " betterments. 

brook or natural stream or water course or the drainage 
in said town has been improved in any of the ways men- 
tioned or referred to in the first section of this act, under 
a vote declaring the same to be done under the provisions 
of law^ authorizing the assessment of betterments, if, in 
the opinion of the selectmen, any real estate in said town, 
including that, if any, of which a part is taken therefor, 
receives any benefit or advantage therefrom beyond the 
general advantage to all real estate in said town, the se- 
lectmen may determine the value of such benefit and 
advantage to said real estate and may assess upon the same 
a proportionate share of the expense of making such im- 
provement ; but no such assessment shall exceed one half 
of such adjudged benefit and advantage, nor shall the same 
be made until the work of making such improvement is 
completed. All laws now" or hereafter in force relative certain pro- 
to the assessment and collection of betterments in the case Sappiy! ^^ 
of the laying out, altering, widening, grading or discontin- 
uing of ways in said tow^n shall, so far as they may be 
applicable and not inconsistent wdth the provisions of this 
act, apply to the doings of the selectmen and of the town 
under this act ; and all persons who are aggrieved by the 
assessment of betterments under the provisions of this 
act shall have the same remedies now or hereafter pro- 
vided by law for persons aggrieved by the assessment or 
\Qyj of betterments in the laying out of ways in said 
town. 

Section 5. Xo land, water rights or other rights shall No land etc, 

.-,.-, 1 T c 1 taken 

be purchased as herein authorized, nor shall any of the until appro- 

Drijition is 

work and acts herein authorized be undertaken or con- made, 
tracts therefor be made until an appropriation has been 
made of the moneys to be expended therefor. 

Section" 6. If, in the opinion of the selectmen, it is certain land 
not necessary for the town to retain the whole of the land ^^^ ^^^ ' 
or water rights which may be purchased or taken for the 
purposes of this act, such land or rights as it may no 
longer be necessary for the town to retain may be sold and 
conveyed by the town, provided such sale is authorized by 
vote of a majority of the voters of the to^\Ti present and 
voting thereon at a town meeting duly called for the pur- 
pose. 



208 Acts, 190G. — Chaps. 247, 248. 

ki^ury to**"* Section 7. 1^0 person shall, without lawful authority, 

water, etc. disturb, injure or destroy any work of said town con- 
structed or maintained for the purposes of this act, nor 
pollute the waters of any brook, stream, water course, 
drain, conduit or channel in said town, nor put or main- 
tain any obstruction therein. Whoever violates any pro- 
vision of this section shall for each offence be punished by 
a fine not exceeding five hundred dollars or by imprison- 
ment in the house of correction for a term not exceeding 
three months, or by both such fine and imprisonment. 

Approved April 5, 1906. 



Chap.24:7 -^N Act to authoeize the city of Worcester to compen- 
sate CERTAIN PERSONS POR DAMAGES SUSTAINED BY THEM. 

Be it enacted, etc., as follows: 
The city of Section 1. The city of Worcester is herebv author- 

u orcester may . . «^ t r- f 

compensate ized to appropriate and pay a sum not exceeding fifteen 
sons' for thousaud dollars in full settlement of damages sustained 

amages. respectively by heirs of William O'Connell, Henry Stead, 
Delia Mclnemy, heirs of Bridget Reidy, and Ellen Rey- 
nolds, by reason of the overflow of sewers in that city, 
caused by carrying out the provisions of chapter three 
hundred and thirty-one of the acts of the year eighteen 
hundred and eighty-six. 

Section 2. This act shall take effect upon its passage. 

Approved April 5, 1906. 

(7Aa/).248 An Act to establish the office of clerk of the district 

COURT of WINCHENDON. 

Be it enacted, etc., as follows: 
Office of clerk Section 1. There shall be appointed bv the governor, 

of the district »> o / 

court of with the advice and consent of the council, a clerk of the 

estabushed, district court of Winclicndon, whose salary shall be three 



etc, 



fifths of the salary of the justice thereof, and who shall 
perform the duties and have the powers prescribed by 
law in the case of clerks of like courts in this Common- 
wealth. 

Section 2. This act shall take effect upon its passage. 

Approved April 5, 1906. 



Acts, 1906. — Chap. 249. 209 



An Act relative to water courses and drainage in the (7/i^r>.249 

TOWN OF WAKEFIELD. 

Be it enacted, etc., as follows: 

Section 1. The town of Wakefield, for the purposes The town of 

^ /. , II- 1C.1 , ,• J" Wakefield may 

01 suriace and ground drainage and lor the protection oi improve cer- 
the public health, may by its selectmen from time to courses.'eto. 
time improve the brooks and natural streams and water 
courses in said town by widening the same, by removing 
obstructions in or over them, by diverting the water, or 
by altering the courses or deepening the channels or by 
constructing new channels, and may conduct the water of 
any such brook, stream or water course and any surface 
or ground water through pipes, covered conduits or open 
channels, or convert any such brook, stream or water 
course, whether in its original channel or after the altera- 
tion of the course of the same, wholly or in part, into a 
covered conduit ; and for the purposes aforesaid may from May take 
time to time purchase or take land in fee simple or other- etc. ' ' 
wise, or any right or easement in land, including any 
brook, stream, pond or water course, or part of any brook, 
stream, pond or water course wdiich is wholly or partly 
within the boundaries of any land so purchased or taken, 
and may change the course of any brook, stream or w^ater 
course so that it shall be within said boimdaries, and may 
by the construction of drains or otherwise divert any sur- 
face water or ground w^ater into any brook, stream, pipe, 
conduit or channel constructed or maintained under au- 
thority of this act, and for the purposes of this act may 
conduct any brook, stream or drain across any railroad 
or street railway location, or across, along or under any 
way, without unnecessarily obstructing the same ; and may 
enter upon any land or way or do any work thereon which 
the selectmen may deem necessary for said purposes ; and 
may make such improvements on the land so taken or 
purchased as the selectmen shall deem necessary for the 
protection of the public health or for protecting the water 
of any brook, stream, water course, drain, conduit or 
channel against pollution or obstruction, and may con- 
struct such walks or ways thereon as the selectmen may 
deem necessary for public convenience, and may also enter 
upon the location of any railroad or railway corporation, 
by agreement with said corporation, for the purpose of im- 



210 



Acts, 190G. — Chap. 249. 



Taking of 
land. 



Damage8. 



Proviso. 



Assessment 
of betterments, 



proving in the manner hereinbefore pro^dded brooks and 
natural streams flowing under or at the side of the rail- 
road or railway tracks knd within such location, and may 
do any work thereon which said selectmen shall deem 
necessary; and for the purposes of this act may enter 
into any contracts or agreements with any person or cor- 
poration. 

Section 2. When any land or easement or right is 
taken under the provisions of the preceding section the 
proceedings for the taking shall be the same as the pro- 
ceedings in the laying out of to^^^l ways. A description 
and plan of the land, easements or water or other rights 
so taken shall, within sixty days after the taking of the 
same, be filed for record by the town in the registry of 
deeds for the southern district of the county of Middle- 
sex. 

Section 3. All claims for damages sustained by the 
taking of lands, rights or easements under authority of 
this act, otherwise than by purchase, or by any other act 
done under authority hereof, shall be ascertained and re- 
covered in the manner now provided by law in the case of 
land taken for the laying out of town ways in said to^\Ti: 
provided^ that, except in the case of lands taken under the 
provisions of law for the assessment of betterments, in 
estimating the damages sustained by any person by the 
taking of his property, or by any other thing done by vir- 
tue of this act, there shall be allowed by way of set-off 
the benefit, if any, to the property of such person result- 
ing from the taking or from any other act so done. 

Section 4. At any time within two years after any 
brook or natural stream or water course or the drainage 
in said town has been improved in any of the ways men- 
tioned or referred to in the first section of this act, under 
a vote declaring the same to be done under the provisions 
of law authorizing the assessment of betterments, if, in 
the opinion of the selectmen, any real estate in said tOAvn, 
including that, if any, of w^hich a part is taken therefor, 
receives any benefit or advantage therefrom beyond the 
general advantage to all real estate in said town, the select- 
men may determine the value of such benefit and advan- 
tage to said real estate, and may assess upon the same a 
proportionate share of the expense of making such im- 
provement ; but no such assessment shall exceed one half 
of such adjudged benefit and advantage, nor shall the same 



Acts, 1906. — Chap. 250. 211 

be made until the work of making such improvement is 
completed. All laws now or hereafter in force relative to 
the assessment and collection of betterments in the case of 
the laying out, altering, widening, grading or discontinu- 
ing of ways in said town shall, so far as they may be ap- 
plicable and not inconsistent with the provisions of this 
act, apply to the doings of the selectmen and of the town 
mder this act ; and all persons who are aggrieved by the 
assessment of betterments under the provisions of this act 
shall have the same remedies now or hereafter provided 
by law for persons aggrieved by the assessment or levy of 
betterments in the laying out of ways in said town. 

Section 5. No land, water rights or other rights shall ^%'e takln*^"' 
be purchased as herein authorized, nor shall any of the until appro- 
w^ork and acts herein authorized be undertaken or con- made, 
tracts therefor be made until an appropriation has been 
made of the moneys to be expended therefor. 

Section 6. If, in the opinion of the selectmen, it is certain land 
not necessary for the town to retain the whole of the ™^^ 
land or water rights which may be purchased or taken 
for the purposes of this act, such land or rights as it 
may no longer be necessary for the town to retain may be 
sold and conveyed by the town, provided such sale is au- 
thorized by vote of a majority of the voters of the town 
present and voting thereon at a town meeting duly called 
for the purpose. 

Section 1. No person shall, without lawful authority, Penalty for 
disturb, injure or destroy any work of said town con- ^°J^''J'to"'<>»"'^> 
structed or maintained for the purposes of this act, nor 
pollute the waters of any brook, stream, water course, 
drain, conduit or channel in said town, nor put or main- 
tain any obstruction therein. Whoever violates any pro- 
vision of this section shall for each offence be punished by 
a fine not exceeding five hundred dollars or by imprison- 
ment in the house of correction for a term not exceeding 
three months, or by both such fine and imprisonment. 

Approved April 5, 1906. 

An Act to provide for suitable sanitary conditions in pjff^/^ Q'SO 
foundries. ^ ' 

Be it enacted, etc., as follows: 

Section 1. The proprietor of everv foundrv eno-ao-ed ^!V?'*''''7 ^°^- 

. t i •' ..-'&, ditions in 

m the casting of iron, brass, steel or other metal, and em- foundries. 



212 



Acts, 1906. — Chaps. 251, 252. 



Penalty for 
failure to 
comply with 
law. 



Wben to take 
eflfect. 



ploying ten or more men, shall establish and maintain, 
except in cities or towns where to do so would be im- 
practicable by reason of the absence of public or private 
sewerage or of any running water system, toilet room of 
suitable size and condition for the men to change their 
clothes therein, and provided with wash bowls, sinks or 
other suitable set appliances connected with running hot 
and cold water, and also a water closet connected with 
running water and separated from the said toilet room. 
The said water closet and toilet room shall be connected 
directly with the foundry building, properly heated, ven- 
tilated and protected, so far as may be reasonably prac- 
ticable, from the dust of the foundry. 

Section 2. Whoever fails to comply with the pro- 
visions of this act, after being requested so to do by a 
member of the district police, shall be fined not more than 
fifty dollars for each offence. 

Section 3. This act shall take effect on the first day 
of January in the year nineteen hundred and seven. 

Approved April 5, 1906. 



Chap,'2i^\ An Act relative to the authority of school commit- 
tees OVER organizations OF SCHOOL PUPILS. 



School com- 
mittee to con- 
trol athletic 
organizations 
in schools. 

May make 
conditions for 
competing 
organizations. 



Be it enacted, etc., as follows: 

Section 1. The school committee may supervise and 
control all athletic organizations composed of pupils of the 
public schools and bearing the name of the school. 

Section 2. It may directly or through an authorized 
representative determine under what conditions such or- 
ganizations may enter into competition with similar organ- 
izations in other schools. Approved April 5, 1906. 



1903, 34o, § 
amended. 



Chap.252 A^ Act to amend the charter of the city of medford. 

Be it enacted, etc., as follows: 

Section 1. Section seven of chapter three hundred 
and forty-five of the acts of the year nineteen hundred 
and three is hereby amended by adding at the end thereof 
the following : — The board, upon request in writing of 
twenty-five per cent of the qualified voters, shall order 
placed upon the official ballot for a municipal election 
any question of public interest set forth in such request, 



Acts, 1906. — Chap. 252. 213 

provided that such question can be answered by " Yes " 
or '' Xo ", — so as to read as follows : — Section 7. Gen- General meet- 
eral meetings of the inhabitants of the city may from an^s.*' 
time to time be held, according to the right secured to the 
people by the constitution of the Commonwealth; and 
such meetings may, and upon the request in writing of fifty 
qualified voters setting forth the purposes thereof shall, 
be called by the board of aldermen. The board, upon 
request in writing of twenty-five per cent of the qualified 
voters, shall order placed upon the official ballot for a 
municipal election any question of public interest set forth 
in such request, provided that such question can be an- 
swered by " Yes " or " No." 

Section 2. Section twenty-two of said chapter is loos, sti, § 22, 
hereby amended by adding at the end thereof the follow- '■^™*^°'^'^<^- 
ing : — The board of aldermen shall have the right of 
inquiry and investigation into the conduct of any depart- 
ment of the city, and the expenditure of any appropria- 
tions made by the board ; and any justice of the superior 
court, or of the supreme judicial court, sitting in equity, 
shall have power to enforce the provisions hereof on appli- 
cation of the board of aldermen. The office or position of 
any official of said city shall thereby become vacant if 
during his term he is convicted of any crime and is actu- 
ally serving sentence for the same, — so as to read as 
follows : — Section 22. Except as otherw^ise provided Powers and 

1-11 1 c T 1 1 11 • 11 1 duties of board 

herein the board 01 aldermen shall m general have and of aldermen, 
exercise the legislative powders of towns and of the inhab- 
itants thereof, and shall have all the powers and authority 
given to city councils and boards of aldermen under the 
general laws of the Commonw^ealth, and shall be subject 
to the duties imposed on city councils and boards of alder- 
men; and shall have and exercise all the powers, other 
than executive, given to selectmen of towns, and to the 
selectmen of the town of Medford, or to the city council 
of the city of Medford, under any special laws heretofore 
passed with reference to said towm or city of Medford not 
inconsistent herewith. The board of aldermen shall have 
the right of inquiry and investigation into the conduct of 
any department of the city, and the expenditure of any 
appropriations made by the board ; and any justice of 
the superior court, or of the supreme judicial court, sit- 
ting in equity, shall have power to enforce the provisions 
hereof on application of the board of aldermen. The office 



214 Acts, 1906. — Chap. 252. 

or position of any official of said city shall thereby become 
vacant if during his term he is convicted of any crime and 
is actually serving sentence for the same. 

amen^d^^^' Sectiox 3. Section twenty-seven of said chapter is 
hereby amended by striking out all after the word 
"■ board ", in the eighth line, and inserting in place thereof 
the following: — If any such appointee has been rejected 
twice by the board of aldermen the mayor shall submit to 
the board the name of a new and different appointee. Any 
officer, except assessors, city collector and city treasurer so 
appointed, may be suspended by the mayor by the service 
of an order upon such officer, stating the specific cause or 
causes for such suspension, and by filing a certified copy 
of the same in the office of the city clerk, which shall be 
kept on file and subject to public inspection. The afore- 
said service may be made either personally or at the last 
and usual place of abode of the officer in question. A 
statement of any action taken hereunder, together with a 
copy of the order of suspension, shall forthwith be trans- 
mitted to the board of aldermen by the mayor, and shall 
constitute a removal in fifteen days after such notice is 
received by the board, unless within said time such officer 
asks for a public hearing thereon before the board; such 
a hearing, if asked for, shall be given within one week 
thereafter, and upon the conclusion thereof, if the board 
shall determine by a vote of a majority of all of its mem- 
bers, taken by a call of the yeas and nays, that the mayor's 
suspension be not sustained, said official shall at once be 

Certain officers reinstated, — so as to read as follows : — - Section 21. The 

to be appointed ' . ^ . 

by the mayor, mayor shall appoint, subject to the confirmation or rejec- 
tion of the board of aldermen, all the officers of the city, 
unless their election or appointment is herein or by statute 
law otherwise provided for. Xo such appointment made 
by the mayor shall be acted upon by the board of aldermen 
until the expiration of one week from the time when the 
appointment is transmitted to the board. If any such ap- 
pointee has been rejected twice by the board of aldermen 
the mayor shall sulsmit to the board the name of a new 
and different appointee. Any officer, except assessors, city 
collector and city treasurer so appointed, may be suspended 
by the mayor by the service of an order upon such officer, 
stating the specific cause or causes for such suspension, 
and by filing a certified copy of the same in the office of 
the city clerk, which shall be kept on file and subject to 



Acts, 1906. — Chap. 252. 215 

public inspection. The aforesaid service may be made 
either personally or at the last and nsnal place of abode of 
the officer in question. A statement of any action taken 
hereunder, together with a copy of the order of suspension, 
shall forthwith be transmitted to the board of aldermen 
by the mayor, and shall constitute a removal in fifteen 
days after such notice is received by the board, unless 
within said time such officer asks for a public hearing 
thereon before the board; such a hearing, if asked for, 
shall be given within one week thereafter, and upon the 
conclusion thereof, if the board shall determine by a vote 
of a majority of all of its members, taken by a call of the 
yeas and nays, that the mayor's suspension be not sus- 
tained, said official shall at once be reinstated. 

Sectioj^ 4. Section twenty-eight of said chapter is 1903, 345, § 28, 
hereby amended by adding at the end thereof the follow- '^"^'^^ ^ ' 
ing : — and such record shall be open to public inspection 
at all times during regular business hours, — so as to read 
as follows: — Section 28. The mayor shall cause to be Record of 
kept a record of all his official acts, and for that purpose tiie mayor *to 
and to aid him in his official duties he may, without the ^^'^^'p'^- 
confirmation of the board of aldermen, appoint one or 
more clerks, whose compensation shall be fixed by the 
board of aldermen ; and such record shall be open to pub- 
lic inspection at all times during regular business hours. 

Section 5. Section thirty-nine of said chapter is 1903, 345, § 39, 
hereby amended by striking out all after the word " city ", 
in the thirteenth line, and inserting in place thereof the 
following : — Whenever mechanical or other work is re- 
quired to be done by contract, or supplies are required for 
the city, at a cost amounting to five hundred dollars or 
more, the board, committee or head of department having 
the matter in charge shall advertise for bids therefor, stat- 
ing in the advertisement the time and place of opening 
said bids, and reserving the right to reject any or all of 
them. The bids shall be opened in public. Every bid 
for doing such work or furnishing such supplies shall be 
accompanied by a suitable bond or other adequate security 
for the faithful performance of such bid, and all such bids 
shall be kept by the officer or board inviting the same, and 
shall be open to public inspection after they have been 
accepted or rejected. All contracts made by any depart- 
ment of the city, when the amount involved is one hun- 
dred dollars or more, shall be in writing, and no such 



216 



Acts, 1906. — Chap. 252. 



Employment 
of labor, mak- 
ing of con- 
tracts, etc. 



contract shall be deemed to have been made or executed 
imtil the approval of the mayor is affixed thereto. All 
contracts made as aforesaid shall, when the amount is five 
hundred dollars or more, be accompanied bv a bond with 
sureties, or bj a deposit of money or other security for 
the faithful performance thereof, such bond, sureties or 
other security to be satisfactory to the board, committee 
or head of dej)artment having the matter in charge. Such 
bonds or other securities shall be deposited with the city 
treasurer until the contract has been carried out in all 
respects; and no such contract shall be altered except by a 
written agreement signed by the contractor, the sureties 
on his bond, the officer or board making the contract, and 
by the mayor. If the amount involved is between one 
hundred and five hundred dollars such bond or other se- 
curity, as above provided, may be required, and, except 
as otherwise provided herein or required by law, no ex- 
penditure shall be made or liability incurred for any pur- 
pose beyond the appropriations previously made therefor. 
The payment for expenditures made, or liability incurred 
by or in behalf of the city not in accordance with general 
laws, or with the provisions of said chapter three hundred 
and forty-five, or of acts in amendment thereof or in addi- 
tion thereto, or with the ordinances made as therein pro- 
vided, shall be void, and the city may recover it or the 
value thereof from the persons so receiving it or benefited 
thereby, — so as to read as follows : — Section 39. The 
several administrative boards and officers having charge 
of departments shall, within their respective departments, 
employ all labor, make and execute all necessary contracts, 
purchase all materials and supplies, have charge of the 
construction, alteration and repair of all public buildings 
and works, have the entire care, custody and management 
of all public w^orks, institutions, buildings and other ]irop- 
erty, and shall in general have the innnediate direction 
and control of all executive and administrative business; 
and they shall at all times be accountable for the proper 
discharge of their duties to the mayor as the chief execu- 
tive officer of the city. Whenever mechanical or other 
Avork is required to be done by contract, or supplies are 
required for the city, at a cost amounting to five hundred 
dollars or more, the board, committee or head of depart- 
ment having the matter in charge shall advertise for bids 
therefor, stating in the advertisement the time and place 



Acts, 1906.— Chap. 252. 217 

of opening said bids, and reserving the right to reject any o^i-ibOT^mak 
or all of them. The bids shall be opened in public. Every [^so^ con- 
bid for doing such work or furnishing such supplies shall 
be accompanied by a suitable bond or other adequate se- 
curity for the faithful performance of such bid, and all 
such bids shall be kept by the officer or board inviting the 
same, and shall be open to public inspection after they 
have been accepted or rejected. All contracts made by 
any department of the city, when the amount involved is 
one hundred dollars or more, shall be in writing, and no 
such contract shall be deemed to have been made or exe- 
cuted until the approval of the mayor is affixed thereto. 
All contracts made as aforesaid shall, when the amount 
is five hundred dollars or more, be accompanied by a bond 
with sureties, or by a dejDOsit of money or other security 
for the faithful p)erformance thereof, such bond, sureties 
or other security to be satisfactory to the board, commit- 
tee or head of department having the matter in charge. 
Such bonds or other securities shall be deposited with the 
city treasurer until the contract has been carried out in 
all respects ; and no such contract shall be altered except 
by a written agreement signed by the contractor, the sure- 
ties on his bond, the officer or board making the contract, 
and by the mayor. If the amount involved is between one 
hundred and five hundred dollars such bond or other se- 
curity, as above provided, may be required, and, except 
as otherwise provided herein or required by law, no ex- 
penditure shall be made or liability incurred for any pur- 
])Ose beyond the appropriations previously made therefor. 
The payment for expenditures made, or liability incurred 
by or in behalf of the city not in accordance with general 
laws, or with the provisions of said chapter three hundred 
and forty-five, or of acts in amendment thereof or in addi- 
tion thereto, or with the ordinances made as therein pro- 
vided, shall be void, and the city may recover it or the 
value thereof from the persons so receiving it or benefited 
thereby. 

Sectiox 6. Section forty-two of said chapter is hereby 1903, 34.5, § 4-2, 
amended by inserting after the word '^ aldermen ", in the 'i»>ended. 
third line, the words : — or any committee thereof there- 
unto authorized by the board, — so as to read as follows : 
— ■ Section Jf.3. Every administrative board, through its officers to 
chairman, and every officer having charge of a depart- information, 
ment, shall, at the request of the board of aldermen, ®*°- 



218 Acts, 190G. — Chaps. 253, 254. 

or any committee thereof thereunto authorized by the 
board, appear before it and give such information as it 
may require in relation to any matter, act or thing con- 
nected with the discharge of the duties of such board or 
office; and when requested to appear the officer who ap- 
pears shall have the right to speak upon all matters under 
consideration relating to his department. 

SECTIo^^ 7. This act shall take effect upon its passage. 

Approved April 5, 190G. 



Cha2J.25S Aj^" Act to extend the time within which the haver- 
hill AND BOXFORD STREET RAILWAY COMPANY MAY CON- 
STRUCT A BRIDGE OVER THE MERRIMAC RIVER IN THE CITY 
OE HAVERHILL. 

Be it enacted^ etc., as follows: 

extended for Section 1. The time within which the Haverhill and 

construcnnga ^Q^fQ^^j Street Railway Company may construct and com- 



certain 

over the Merri- 

in;ic river 



plete a bridge over the Merrimac river in the city of 
Haverhill, under authority of chapter four hundred and 
forty-nine of the acts of the year nineteen hundred and 
four, is hereby extended for the period of one year begin- 
ning wath the first day of flanuary in the year nineteen 
hundred and six ; but nothing herein shall be construed as 
a recognition or confirmation of the legality of the organi- 
zation of said company or of any of the proceedings in 
connection therewith, nor as such a legislative approval of 
the proposed railway or bridge as to preclude the necessity 
for independent decisions by the boards of harbor and land 
commissioners and railroad commissioners under any pro- 
visions of said chapter four hundred and forty-nine, or of 
any general laws. 

Section 2. This act shall take effect upon its passage. 

Approved April 5, 1006. 



(77?.a»,254 An Act to provide that executive officers of the city 

OF NEWTON MAY BE REMOVED WITHOUT THE FORMAL PRO- 
CEDURE OF A PUBLIC TRIAL. 

Be it enacted, etc., as follows: 

amended^ "^^' Section 1. Scction sixtcen of chapter two hundred 
and eighty-three of the acts of the year eighteen hundred 
and ninety-seven is hereby amended by striking out the 



Acts, 1906. — Chap. 255. 219 

said section and inserting in place thereof the following: 

— Section 16. The mavor may, in writing, snspend anv The mayor 

^y, ^ T T 1 in "^ Ilia V suspend 

executive olncer or any work, and lie shall at once report certain oiucers, 
his action and his reasons therefor to the board of alder- 
men. Unless a regular meeting of the board is to be held 
watliin fourteen days thereafter, the mayor shall forth- 
with call a special meeting of the board for the purpose of 
acting on such suspension. Work suspended by the mayor 
may be carried on at his discretion until action is taken 
by the board. If the board shall, within fifteen days after 
receiving a rejoort suspending any w^ork, vote that the 
mayor's action be not sustained, the work shall be prose- 
cuted forthwith. If the board shall, within fifteen days 
after receiving a report suspending any executive officer, 
vote that the mayor's action be not sustained, such officer 
shall at once be reinstated; otherwise, such suspension 
shall be a removal. But before acting upon such suspen- 
sion the board shall, if he so requests in writing, give such 
officer an opportunity to appear and be heard in his own 
behalf. 

SECTioiq' 2. This act shall be submitted to the voters of ^ec^/etc!'^'' 
the city of ISTewton at the next state election, and if it is 
accepted by a majority of the voters voting thereon it shall 
take full eifect on the first day of January in the year 
nineteen hundred and seven. The act shall be submitted 
in the form of the following question, to be printed upon 
the official ballot : " Shall chapter of the acts of the 

year nineteen hundred and six, providing that executive 
officers of the city of Xewton may be removed without the 
formal procedure of a public trial, be accepted by the 
city ? " Appi-oved April 6, 1906. 



Ax Act to authorize fallox brothers to construct a QJ)ap.255 

BRIDGE OVER QUINCY TOWN" RIVER IX THE CITY OF QUIXCY. 

Be it enacted, etc., as follows: 

Subject to such provisions of chapter ninety-six of the raiion Broth- 
Revised Laws as may be applicable thereto, Fallon Broth- struct a bridge 
ers of the city of Quincy are hereby authorized to build Town riven 
a bridge over Quincy Town river in said city from a point 
on land or wharf belonging to said Fallon Brothers, on or 
near Field street in said city, to a point of land owned or 
controlled by the Quincy Dock Company bordering on the 



220 Acts, 1906.— Chaps. 256, 257. 

easterly side of said river. Said bridge shall be built with 
a draw having a width of fourteen feet, and shall be com- 
pleted within two years after the passage of this act. 

Approved April 6, 1906. 

Chap.256 An Act eelative to the appointment of assistant clerks 

PRO TEMPORE OF CERTAIN COURTS. 

Be it enacted, etc., as follows: 

cierksfpro Section 1. In casc of the absence, death or removal of 

tempore, of .^^ assistant clerk of a police, municipal or district court, 

certain courts, ..^ ci- c-n ^ 

appointment, other than the municipal court oi the city oi Boston, whose 
office is established by law, the clerk, subject to the ap- 
proval of the justice, may aj^point an assistant clerk pro 
tempore, who shall act until the assistant clerk resumes 
his duties or until the vacancy is filled, and who shall re- 
ceive from the county as compensation for each day's ser- 
vice an amount equal to the rate by day of the salary of 
the assistant clerk ; but compensation so paid to an assistant 
clerk pro tempore for service, in excess of twenty days in 
any one calendar year, shall be deducted by the county 
treasurer from the salary of the assistant clerk. 

Section 2. This act shall take effect upon its passage. 

Approved April 0, 1906. 

Cliap.^^^ An Act relative to the service of jurors in the coun- 
ties OF MIDDLESEX AND NORFOLK. 

Be it enacted, etc., as follows: 

etc^amen^eli Scctiou three of chapter one hundred and seventy-six 
of the Revised Laws, as amended by chapter three hun- 
dred and seven of the acts of the year nineteen hundred 
and four, is hereby further amended by striking out the 
words " counties of Suffolk, Middlesex and Norfolk ", and 
inserting in place thereof the words : — county of Suffolk, 
Term of ser- — SO as to read as follows : — Section 3. A person shall not 
L^*tiie cmmty scrvc as a traverse juror in the county of Suffolk more 
"' ^""""" X\\2in thirty days at any sitting of the court, except to finish 
a case commenced within that time, nor in the trial of 
criminal cases at more than one sitting thereof during the 
year. Approved April 6, 1906. 



of Suffolk. 



Acts, 1906. — Chaps. 258, 259. 221 



An Act relative to the laying out of streets in the Ckap.25S 

CITY OF BOSTON. 

Be it enacted, etc., as follows: 

Section 1. The board of street commissioners of the Laying out of 
city of Boston may accept and lay out as a public highway Boston!^ 
any unaccepted street which is forty feet or more in width 
and of a grade satisfactory to said commissioners, and one 
end of which is connected with an accepted street, provided 
that the assessed value of the real estate on such street 
shall be not less than fifty dollars per lineal foot for lots 
not more than one hundred and fifty feet deep, and that 
such street, in the Of)inion of said board, is in safe condi- 
tion for travel, and provided that the owners of not less 
than two thirds of the assessed value of the real estate on 
said street shall petition for such acceptance and laying 
out, and shall put said street in a condition satisfactory 
to said board. 

Section 2. If, in the opinion of said board, at any Betterments 
time it becomes necessary to pave or reconstruct such a SsLsed. 
street so accepted, nothing in this act shall be construed to 
prevent said board from passing an order for such paving 
or reconstruction, and from assessing upon the estates 
abutting on said street, under the statutes then existing 
for the assessment of benefits in said city, a betterment tax 
for the special benefit and advantage which may come to 
said estates from said order. Approved April 7, 1906. 



Chap.259 



An Act relative to sale of land or buildings owned by 
the city of boston and used for school purposes. 

Be it enacted, etc., as follows: 

Section 1. The mayor of the city of Boston, the school Board created 
committee and the schoolhouse commissioners of said city, soil certain 
acting jointly, are hereby established and created a board imiidingsin 
with power to sell and convey any land or buildings owned ^^ ^°" 
by the said city which at the time of any such sale are or 
have been used for school purposes, and which the school 
committee, by a majority vote of all its members, shall 
have voted is advisable to sell. The board hereby estab- 
lished shall, after the passage of the vote of the school 
committee as aforesaid, forthwith offer for sale, and sell, 
when a suitable price can be obtained, the land or buildings 



222 



Acts, 1906. — Chap. 260. 



Power and 
authority of 
board. 



Proceeds of 
sale, liow 
expended. 



Repeal. 



specified in said vote; and the mayor of said city, when 
authorized by a majority of the board hereby established, 
shall forthwith execute a proper instrument to convey such 
land or buildings. The school committee may continue to 
use any such land or buildings until the completion of the 
sale and conveyance thereof. 

Section 2. The said board established under and in 
accordance with the provisions of this act shall, for the 
puri^ose of carrying out the provisions of this act, have all 
the power and authority now vested in and possessed by 
the mayor, street commissioners and city council of said 
city of Boston relative to the sale of such land or build- 
ings. 

Section 3. The proceeds of any sale of land or build- 
ings under the j)rovisions of this act shall be expended by 
the schoolhouse commissioners of said city for the pur- 
chase of land and the erection of new buildings for school 
purposes, in accordance with the provisions of chapter four 
hundred and seventy-three of the acts of the year nineteen 
hundred and one, and acts in amendment thereof or in ad- 
dition thereto. 

Section 4. All acts and jDarts of acts inconsistent here- 
w^ith are hereby repealed. 

Section 5. This act shall take effect upon its passage. 

Approved April 7, 1906. 



Chap.2()0 -^^ Act to restore to the county commissioners juris- 
diction over the streets and highways in the city of 
marlborough. 

Be it enacted, etc., as follows: 

Section 1. Chapter three hundred and twenty of the 
acts of the year eighteen hundred and ninety is hereby 
amended bv striking out section nineteen and inserting in 
Laying out of placc thereof the following: — Section 10. The city coun- 
cil shall have authority and power to order the laying out, 
locating anew, discontinuing of or making specific repairs 
in all streets, ways and highways within the limits of said 
city and to assess all damage sustained thereby; but all 
questions relating to the subject of laying out, altering or 
repairing or discontinuing any street, way or highway 
shall first be acted on by the board of aldermen. Any per- 
son aggrieved by any proceeding of the city council under 
this section shall have all the rights and privileges now 



1890, 320, § 19, 
amended. 



streets, etc. 



Acts, 1906. — Chap. 261. 223 

allowed bj law in such cases, in appeals from the decisions 
of the selectmen of towns. Nothing in this section shall be 
construed to exclude the jurisdiction of the county com- 
missioners in relation to said streets, ways and higlnvays. 

Section 2. This act shall be submitted to the voters of S.e^tc^f'"'' 
the city upon the official ballot at the next city election, in 
the following form: " Shall chapter of the acts of the 

year nineteen hundred and six, being ' An Act to restore to 
the county commissioners jurisdiction over the streets and 
highways in the city of Marlborough ', be accepted by the 
city ? " and if a majority of the voters voting thereon vote 
" Yes ", this act shall thereupon take effect. 

Approved April 9, 1906. 

An Act relative to the punishment for larceny from ChapJ^QA 

CONVEYANCES OF COMMON CARRIERS AND EXPRESS COMPA- 
NIES, 

Be it enacted, etc., as follows: 

Section 1. Section twenty-six of chapter two hundred Amended. ^'*'' 
and eight of the Revised Laws is hereby amended by strik- 
ing out all after the word " business ", in the fifteenth line, > 
and inserting in place thereof the following : — shall be 
punished for the first offence by imprisonment for not less 
than six months nor more than five years, or by a fine of 
not less than fifty dollars nor more than six hundred dol- 
lars, or by both such fine and imprisonment, and for a sec- 
ond offence by imprisonment for not less than eighteen 
months nor more than five years, or by a fine of not less 
than one hundred and fifty dollars nor more than six hun- 
dred dollars, or by both such fine and imprisonment, — so 
as to read as follows : — Section 26. Whoever steals, or, Larceny, etc. 
with intent to defraud, obtains by a false pretence, or who- 
ever unlawfully and, with intent to steal or embezzle, con- 
verts or secretes with intent to convert, the money or 
personal chattel of another, whether such money or personal 
chattel is or is not in his possession at the time of such 
conversion or secreting, shall be guilty of larceny and shall, 
if the value of the property stolen exceeds one hundred 
dollars, be punished by imprisonment in the state prison 
for not more than five years or by a fine of not more than 
six hundred dollars and imprisonment in jail for not more 
than two years ; or, if the value of the property stolen 
does not exceed one hundred dollars, shall be punished by 



224 



Acts, 1906. — Chaps. 262, 263. 



imprisonment in jail for not more than one year or by a 
fine of not more than three hundred dollars; or, if the 
property was stolen from the conveyance of a conmion 
carrier or of a person or corporation carrying on an ex- 
press business, shall be punished for the first offence by 
imprisonment for not less than six months nor more than 
five years, or by a fine of not less than fifty dollars nor 
more than six hundred dollars, or by both such fine and 
imprisonment, and for a second offence by imprisonment 
for not less than eighteen months nor more than five years, 
or by a fine of not less than one hundred and fifty dollars 
nor more than six hundred dollars, or by both such fine 
and imprisonment 

Xot to repeal S-FCTTOTV 2 

ceitainpro- OJiCliUJM Zj 

visions of law. to modify or repeal any of the provisions of section twenty 
of chapter two hundred and twenty of the Revised Laws 

Approved April 9, 1906. 



l^othing in this act shall be so construed as 



Cha7).2G2 Ax Act to authorize the detailing of MEiiBERs of the 
iNSPECTioisr department of the district police for tem- 
porary SERVICE IN the DETECTIVE DEPARTMENT. 

Be it enacted, etc., as follows: 

Section 1. The chief of the district police may at any 
time detail any member of the inspection department of 
the district police for temporary ser\ace in the detective 
department. 

Section 2. This act shall take effect upon its passage. 

Approved April 9, 1906. 



Members of 
inspection 
department of 
district police 
may be 
detailed for 
detective 
service. 



CA«X).263 An Act to prohibit the sale of trout, except those 

artificially reared. 



Sale of trout, 
etc., i)ro- 
hibited. 



Proviso. 



Be it enacted, etc., as follows: 

Section 1. It shall be unlawful at any time within 
three years after April eighth, nineteen hundred and six, 
to buy or sell trout, or to offer trout for sale, within the 
Commonwealth: provided, however, that nothing in this 
act shall prevent the sale of trout artificially propagated 
or maintained or hatched from the egg in the house of the 
owner and grown in pools of said owner, in so far as tlie 
sale thereof is permitted by the laws of this Common- 
wealth now in force. 



Acts, 1906. — Chaps. 264, 265. 225 

Section 2. Whoever violates any provisions of this Penalty, 
act shall be punished by a fine of one dollar for each trout 
so bought, sold or offered for sale. 

Section 3. This act shall take effect on the eighth day when to take 
of April in the year nineteen hundred and six. 

Approved April 9, 1906. 

An Act relative to the cost of operating the bridge QJiap,264: 

OVER THE MERRIMAC RIVER BETWEEN THE CITY OF NEW- 
BURYPORT AND THE TOWN OF SALISBURY. 

Be it enacted, etc., as follows: 

Section 1. The cost of operating the bridge across the cost of opcrat- 
Merrimac river between the city of Newburyport and the acfoss^the' ^^ 
town of Salisbury, known as the IsTewburyport bridge, riv^Kw.'.'n 
shall be paid annually by the county of Essex, the city of and sausbury. 
ISTewburyport and the town of Salisbury, in the following 
proportions : — By the county of Essex, sixty per cent ; by 
the city of l^ewburyport, thirty per cent ; and by the town 
of Salisbury, ten per cent. But no payment hereunder 
shall be made until a statement of such cost, certified by 
the mayor of the city of ]^ewburyport, is presented to the 
county commissioners of the said county, or to the treas- 
urer of the said city or town, as the case may be. 

Section 2. This act shall take effect upon its passage. 

Approved April 10, 1906. 



Cha2x265 



An Act to establish the salary of the assistant regis- 
ter or probate of Berkshire county. 

Be it enacted, etc., as follows: 

Section 1. That part of section one of chapter four 1904, 455, §i, 
hundred and fifty-five of the acts of the year nineteen hun- ^^^^^ 
dred and four that is included under the sub-heading, 
" Assistant Registers ", is hereby amended by inserting 
before the words " Franklin county ", the words : — Berk- 
shire county, assistant register, nine hundred dollars, — 
so that the part of said section under the sub-heading 
" Assistant Registers " will read as follows : — 

assistant registers. 

(1) For Suffolk county, special salary, to wit: — 
Assistant register, twenty-eight hundred dollars. Assistant 

(2) For counties ha'^dng three hundred thousand inhab- 



226 



Acts, 1906. — Chap. 266. 



legist^T^B itants, or less, a salary equal to one half of tlie salary of 

the register, to wit : — 

Berkshire county, assistant register, nine hundred dol- 
lars; 

Franklin county, assistant register, six hundred dollars; 

Hampshire county, assistant register, seven hundred 
dollars ; 

Norfolk county, assistant register, eleven hundred and 
fifty dollars; 

Hampden county, assistant register, thirteen huridred 
dollars; 

Bristol county, assistant register, sixteen hundred and 
fifty dollars. 

(3) For counties having more than three hundred 
thousand inhabitants, a salary equal to two thirds of the 
salary of the register, to wit : — 

Worcester county, assistant register, twenty-three hun- 
dred dollars; 

Essex county, assistant register, twenty-three hundred 
dollars ; 

Middlesex county, assistant register, twenty-seven hun- 
dred dollars. 

Section 2. So much of chapter two hundred and 
eighty-six of the acts of the year nineteen hundred and 
four as is inconsistent herewith is hereby repealed. 

Section 3. The salary of the assistant register for 
Berkshire county, as hereby established, shall be allowed 
and paid from the first day of January in the year nine- 
teen hundred and six. 

Section 4. This act shall take eifect upon its passage. 

Approved April 10, 1906. 

Chap.2i6Q -^N Act to grant to the board op railroad commissioners 
supervisory powers over express companies. 

Be it enacted, etc., as follows: 

Section 1. The board of railroad commissioners may, 
upon the complaint of any party interested, exercise over 
express companies, partnerships and individuals doing an 
express business upon railroads or railways in this Com- 
monwealth supervisory power with regard to the charac- 
ter of accommodations and service furnished, and the 
reasonableness of rates charged. 

Section 2. This act shall take effect upon its passage. 

Approved April 10, 1906. 



Repeal. 



Salary of 
assistant 
register for 
Berkshire 
county . 



Railroad com- 
missioners to 
have super- 
visory powers 
over express 
companies, etc. 



Acts, 1906. — Chaps. 267, 268. 227 

An Act relative to the use op signals by railroad com- (7Aa79.267 

PANIES. 

Be it enacted, etc., as follows: 

Section 1, The board of railroad commissioners may Block signals, 

- . . . •! 1 • J. • J. 11 etc., to be 

from time to time require railroad companies to install maintained by 
and maintain at such places upon the railroad premises companies, 
as it shall designate such block or other signals or devices 
as it shall approve for the purj^ose of safeguarding public 
travel. 

Section 2. The supreme iudicial court shall have in- The supreme 

. ,.,. . ^ ^ '' -,. . -. J judicial court 

risdiction m equity to enforce compliance with any order to have juris- 
issued by the board under authority of the preceding sec- 
tion. Approved April 10, 1906. 



An Act relative to suppressing the gypsy and brown (JJic(,v.2G8 
tail moths. 

Be it enacted, etc., as folloivs: 

Section 1. Section three of chapter three hundred ^^j^e'if^iei,^ ^' 
and eighty-one of the acts of the year nineteen hundred 
and five is hereby amended by inserting before the word 
"make", in the sixth line, the words: — subject to the 
approval of the governor, — and by inserting after the 
word " regulations ", in the same line, the words : — gov- 
erning all oj)erations by cities, towns or individuals under 
this act, — so as to read as follows : — Section 3. The Powers and 
said superintendent shall act for the Commonwealth in superintend- 
suppressing said moths as public nuisances, in accordance ®"*' 
with the provisions of this act. For this purpose he 
shall establish an office and keep a record of his doings 
and of his receipts and expenditures, and may, subject to 
the approval of the governor, make rules and regulations 
governing all operations by cities, towns or individuals 
under this act. He may employ such clerks, assistants 
and agents, including expert advisers and inspectors, as 
he may deem necessary and as shall be approved by the 
governor. He may make contracts on behalf of the Com- 
monwealth ; may act in co-operation with any person, per- 
sons, corporation or corporations, including other states, 
the United States or foreign governments; may conduct 
investigations and accumulate and distribute information 
concerning said moths; may devise, use and require all 



228 



Acts, 1906. — Chap. 268. 



1905, 381, § 4, 
amended. 



Cities and 
towns to 
destroy eggs, 
etc. 



Certain cities 
and towns to 
be reimbursed. 



Common- 
wealth to make 
certain ex- 
penditures. 



otlier lawful means of suppressing or preventing said 
moths ; may lease real estate when he deems it necessary, 
and, with the approval of the board in charge, may use 
any real or personal property of the Commonwealth ; may 
at all times enter upon the land of the Commonwealth or 
of a municiiDality, corporation, or otlier owner or owners, 
and may use all reasonable means in carrying out the pur- 
poses of this act ; and, in the undertakings aforesaid, may, 
in accordance with the provisions of this act, expend the 
funds approj)riated or donated therefor; but no expendi- 
ture shall be made or liability incurred in excess of such 
appropriations and donations. 

Sectioiv^ 2. Section four of said chapter is hereby 
amended by inserting after the word " eggs ", in the 
fourth line, the word : — caterpillars, — and by inserting 
after the word " by ", in the forty-seventh line, the words : 
— the superintendent and, ■ — • so as to read as follows : — 
Section Ji. Cities and towns by such public officer or board 
as they shall designate or appoint, shall, under the advice 
and general direction of said superintendent, destroy the 
eggs, caterpillars, pup^ and nests of the gypsy and brown 
tail moths within their limits, except in jDarks and other 
property under the control of the Commonwealth, and 
except in private property, save as otherwise provided 
herein. When any city or to^^^l shall have expended 
within its limits city or town funds to an amount in ex- 
cess of five thousand dollars in any one calendar year, in 
suppressing gypsy or brown tail moths, the Commonwealth 
shall reimburse such city or town to the extent of fifty per 
cent of such excess above said five thousand dollars. 

Cities or towns, where one twenty-fifth of one j^er cent 
of the assessed valuation of real and personal property is 
less than five thousand dollars, and where the assessed 
valuation of real and personal property is greater than six 
million dollars, shall be reimbursed by the Commonwealth 
to the extent of eighty per cent of the amount expended by 
such cities or towns of city or town funds in suppressing 
the gypsy and brown tail moths in any one calendar year, 
in excess of said one twenty-fifth of one per cent. 

In the case of towns where the assessed valuation of 
real and personal property is less than six million dollars, 
after they have expended in any one calendar year town 
funds to an amount equal to one twenty-fifth of one per cent 
of their assessed valuation of real and personal property, 



Acts, 1906. — Chap. 268. 229 

the Commonwealth shall expend within the limits of such 
towns, for the purpose of suppressing the gypsy and brown 
tail moths, such an amount in addition as the superinten- 
dent with the advice and consent of the governor shall rec- 
ommend. Disbursements made by said last named towns 
in excess of said one twenty-fifth of one per cent shall be 
reimbursed by the Commonwealth every sixty days; but 
in the case of all others the Commonwealth shall reimburse 
cities and towns annually according to the provisions of 
this act. 

ISTo city or town shall be entitled to any reimbursement ^o°uch«-luf*^ 
from the Commonwealth until it has submitted to the ['^''^"gHj'^JII^^p 
auditor of the Commonwealth itemized accounts and etc. 
vouchers showing the definite amount expended by it for 
the purpose of this act ; nor shall any money be paid out 
of the treasury of the Commonwealth to cities or towns, 
pursuant to the provisions of this act, until said vouchers 
and accounts have been approved by the superintendent 
and the auditor of the Commonwealth. 

For the purposes of this section the years nineteen hun- Certain years 
dred and five and nineteen hundred and seven shall be ercd half 
considered half years, and the valuation for the year nine- ■'^'^''^^^" 
teen hundred and four shall be taken as a basis. 

Section 3. Section five of said chapter is hereby luoo, 38i, § 5, 
amended by inserting after the word " nuisance ", in the 
third line, the words : — or is not conducting the necessary 
work in a proper manner, — by inserting after the word 
" necessary ", in the sixth line, the words : — and in ac- 
cordance with such methods as the superintendent, with 
the consent of the governor, shall prescribe, — and by in- 
serting after the word " expend ", in the ninth and thir- 
teenth lines, the words : — exclusive of any reimburse- 
ment received from the Commonwealth, — so as to read 
as follows : — Section 5. When, in the opinion of the Supcrintend- 
superintendent, any city or town is not expending a suffi- expenditures 
cient amount for the abatement of said nuisance, or is not towns!*^"'"' 
conducting the necessary work in a proper maimer, then 
the superintendent shall, with the advice and consent of 
the governor, order such city or town to expend such an 
amount as the superintendent shall deem necessary, and 
in accordance with such methods as the superintendent, 
with the consent of the governor, shall prescribe : pro- Proviso. 
vided, that no city or town where the assessed valuation 
of real and personal property . exceeds six million dollars 



230 



Acts, 1906. — Chap. 268. 



Penalty. 



1905, 381, § 6, 
amended. 



Cities and 
towns to 
notify owners 
of land to 
destroy nests, 
etc. 



Parts of 

premises may 
be designated, 
etc. 



shall be required to expend, exclusive of any reimburse- 
ment received from the Commonwealth, during any one 
full year more than one fifteenth of one per cent of such 
valuation, and that no town where the assessed valuation 
of real and personal property is less than six million dol- 
lars sliall be required to expend, exclusive of any reim- 
bursement received from the Commonwealth, during any 
one full year more than one twenty-fifth of one per cent 
of such valuation. For the purposes of this section the 
valuation of the year nineteen hundred and four shall be 
used. 

Any city or town failing to comply with the directions 
of the said superintendent in the performance of said work 
within the date specified by him shall pay a fine of one 
hundred dollars a day for failure so to do ; said fine to be 
collected by information brought by the attorney-general 
in the supreme judicial court for Suffolk county. 

Section 4. Section six of said chapter is hereby 
amended by inserting after the word " eggs ", in the 
ninth, thirteenth, seventeenth and twenty-third lines, the 
word : — caterpillars, — so as to read as follows : — Sec- 
tion 6. The mayor of every city and the selectmen of 
every town shall, on or before the first day of ^N^ovember 
ill each year, and at such other times as he or they shall 
see fit, or as the state superintendent may order, cause a 
notice to be sent to the owner or owners, so far as can be 
ascertained, of every parcel of land therein which is in- 
fested with said moths; or, if such notification appears to 
be impracticable, then by posting such notice on said par- 
cels of land, requiring that the eggs, caterpillars, pupie 
and nests of said moths shall be destroyed within a time 
specified in the notice. 

^\^ien, in the opinion of the mayor or selectmen, the cost 
of destroying such eggs, caterpillars, pupa? and nests on 
lands contiguous and held under one ownership in a city 
or town shall exceed one half of one per cent of the assessed 
value of said lands, then a part of said premises on which 
said eggs, caterpillars, pupae or nests shall be destroyed 
may be designated in such notice, and such requirement 
shall not apply to the remainder of said premises. The 
mayor or selectmen may designate the manner in which 
such work shall he done, hut all work done under this sec- 
tion shall be subject to the approval of the state superin- 
tendent. 



Acts, 1906. — Chap. 268. 231 

If the owner or owners shall fail to destroy such egsrs, Lands may be 

. RSSGSSGQ. in 

caterpillars, pupae or nests in accordance with the require- case owners 
ments of the said notice, then the city or town, acting hy nest8%tc! ™^ 
the public officer or board of such city or town designated 
or ap}X)inted as aforesaid, shall, subject to the approval of 
the said superintendent, destroy the same, and the amount 
actually expended thereon, not exceeding one half of one 
per cent of the assessed valuation of said lands, as hereto- 
fore specified in this section, shall be assessed upon the 
said lands ; and such an amount in addition as shall be re- 
quired shall be apportioned between the city or town and 
the Commonwealth in accordance with the provisions of 
section four of this act. The amounts to be assessed upon 
private estates as herein provided shall be assessed and 
collected, and shall be a lien on said estates, in the same 
manner and with the same effect as is provided in the case 
of assessments for street watering. 

Section 5. Section seven of said chapter is hereby i905, ssi, § 7, 
amended by striking out the words " in excess of one 
twenty-fifth of one per cent or of five thousand dollars as 
provided in said section ", in the fifty-second, fifty-third 
and fifty-fourth lines, so that the last paragraph of said 
section will read as follows : — If, in the opinion of the Assessment, 
assessors, the owner of an estate upon which an assess- 
ment as aforesaid has been made is, by reason of age, in- 
firmity or poverty unable to pay the assessment, they may 
upon application abate the same. Every city or toAvn in 
rendering an account to the state auditor as provided for 
in section four of this act shall deduct from such amount 
as it has expended the total amount it has received for 
work performed under section six of this act during the 
term covered by the account: provided, such work was Proviso, 
performed under such conditions as require reimbursement 
in whole or in part by the state. 

Section 6. Section eleven of said chapter is hereby i905, ssi, §n, 
amended by inserting after the word " employed ", in the ^^'^^ ^ ' 
third line, the words : — by said superintendent or by any 
of said officials, — and by inserting after the word " act ", 
in the fourth line, the words : — or who knowingly fails 
to comply with any of the rules or regulations issued by 
said sujjerintendent, — so as to read as follows: — >§('("- Penalty for 
Hon 11. A person who wilfully resists or obstructs the etc!**^''^'"*''' 
superintendent or an official of a city or town, or a servant 
or agent duly employed by said superintendent or by any 



232 Acts, 1906. — Chaps. 209, 270, 271. 

of said officials, while lawfully engaged in the execution 
of the puri)oses of this act, or who knowingly fails to com- 
ply with any of the rules or regulations issued by said 
superintendent, shall forfeit a sum not exceeding twenty- 
five dollars for each offence. 

Section 7. This act shall take effect upon its passage. 

Approved April 10, 1906. 

Cha2).269 An Act relative to service of trustee process upon for- 
eign CORPORATIONS DOING BUSINESS WITHIN THIS COMMON- 
WEALTH. 

Be it enacted, etc., as follows: 

Service of In au actiou by trustee process in which a foreim cor- 

corporation, ]X)ration having a usual place of business within this Com- 

V'tliditv etc 

monwealth is designated as trustee, service of the writ upon 
the treasurer or other officer of such corporation shall be of 
the same effect and validity as if made upon the commis- 
sioner of corporations. Approved April 10, 190G. 

Ghap.270 An Act to authorize the town of peabody to borrow 

MONEY, OUTSIDE OF THE STATUTORY LIMIT OF INDEBTED- 
NESS, FOR THE PURPOSE OF CONSTRUCTING SEWERS. 

Be it enacted, etc., as follows: 
Town of Section 1. For the purpose of constructinc; a svstem of 

Peabody may . ■■ . , ^ ^ t- ^ t i " 

borrow money main draius and common sewers for the whole or a part 
purposes. of its territory, the town of Peabody is hereby authorized 

to borrow a sum not exceeding one hundred and fifty thou- 
sand dollars, and to issue therefor bonds, notes or scrip. 
Such bonds, notes or scrip shall be issued in accordance 
with the provisions of chapter twenty-seven of the Revised 
Laws, and of all acts in amendment thereof or in addition 
thereto, except that they shall not be reckoned in deter- 
mining the statutory limit of indebtedness of the town. 
Section 2. This act shall take effect upon its passage. 

Approved April 10, 1906. 

Chap.271 An Act relative to returns to bh made to the tax com- 
missioner. 

Be it enacted, etc., as follows: 

R. L.u §4, Section 1. Section four of chapter fourteen of the 

amended. t^-it -ii itim- 

Kevised J^aws is hereby amended by striking out the words 
" twentieth day of June ", in the first and second lines. 



Acts, 190G. — Chap. 271. 233 

and inserting in place thereof the words : — first day of 
May, — by striking out the words " the preceding ", in 
the fourth line, and inserting in place thereof the word: 

— said, — and by striking out the word " with ", in the 
fifth line, and inserting in place thereof the words : — and 
as soon as may be thereafter, — so as to read as follows : 

— Section Jf. He shall annually, on or before the first Jj-^^Je'^T""^' 
day of May, forward to the assessors of every city and *^\'!['^^^j^^*^ 
town a list of all corporations organized under the laws corporations, 
of this Commonwealth, known to him to be liable on said 

first day of May to taxation on their corporate franchises 
or property, and as soon as may be thereafter copies of the 
list furnished by such corporation under the provisions of 
section six, and with such other information as in his 
judgment will assist them in the assessment of taxes. 

Section 2. Section seventeen of said chapter fourteen r. l. u, §17, 
is hereby amended by striking out the word " December ", 
in the second line, and inserting in place thereof the word : 

— November, — so as to read as follows: — Section 17. ^l^l\l^^^l 
The tax commissioner shall annually, as soon as may be 

after the first Monday in November, certify to the treas- 
urer and receiver general the amounts assessed and col- 
lected for that year in res]^)ect of shares in such banks or 
other corporations owned absolutely by any society, dis- 
trict or institution of the classes specified in clauses three 
and four of section five of chapter twelve, and the treas- 
urer and receiver general shall thereuix)n pay over such 
amoiTuts to such society, district or institution owning such 
shares. 

Section 3. Section nineteen of said chapter fourteen r. l. u, § 19, 
is hereby amended by striking out the words " within ten '*™*''^<^®'^- 
days after the first Monday of June and of December ", 
in the ninth line, and inserting in place thereof the words : 

— on or before the twenty-fifth day of May and of No- 
vember, — so as to read as follows: — Section, 19. Every Taxation of 
savings bank and institution for savings shall pay to the deposits /et".^ 
treasurer and receiver general, on account of its deposi- 
tors, an annual tax of one-half of one per cent on the 

amount of its deposits, one-half thereof to be assessed by 
the tax commissioner upon the average amount of such 
deposits for the six months preceding the first day of May 
and one-half to be so assessed upon the average amount of 
such deposits for the six months preceding the first day of 
November. Such tax shall be paid semi-annually on or 



234 



Acts, 1906. — Cilvp. 271. 



R. L. 14, § 20, 
amended. 



Insurance 
return. 



R. L.14, §22, 
amended. 



Taxation of 
Massachusetts 
Hospital Life 
Insurance 
Company. 



before the twenty-fifth day of May and of Xovember, each 
payment to consist of the amount of the tax as determined 
by the last preceding assessment; but so much of said de- 
posits as is invested in real estate for banking purposes 
or in loans secured by mortgages of taxable real estate, 
and, for the period limited in clause nine of section twenty- 
six of chapter one hundred and thirteen, so much of said 
deposits as is invested in real estate the title to which has 
been acquired by the completion of foreclosure, or by pur- 
chase, pursuant to said section, shall be exempt from taxa- 
tion under the provisions of this section. 

Section 4. Section twenty of said chapter fourteen is 
hereby amended by striking out the words " second Mon- 
day ", in the second line, and inserting in place thereof 
the words : — tenth day, — so as to read as follows : — 
Section 20. Every savings bank and institution for sav- 
ings shall semi-annually, on or before the tenth day of 
May and of jS^ovember, make a return to the tax commis- 
sioner, signed and sworn to by its president and treasurer, 
of the amount of its deposits on the first day of said jNfay 
and Xovember, and of the average amount of its deposits 
for the six months preceding each of said days. Every 
such corporation which n'eglects to make such return shall 
forfeit fifty dollars for each day during which such neg- 
lect continues. If it wilfully makes a false statement in 
such return it shall be j^unished by a fine of not less than 
five hundred nor more than five thousand dollars. 

Section 5. Section twenty-two of said chapter four- 
teen is hereby amended by striking out the words " second 
Monday ", in the second line, and inserting in place thereof 
the words : — tenth day, — so as to read as follows : — 
Section 22. The Massachusetts Hospital Life Insurance 
Company shall annually, on or before the tenth day of 
May and Xovember, make a return, signed and sworn to 
-by a majority of its board of directors, of the full amount 
of all money and property, in detail, in its possession or 
charge as deposits, trust funds or for purposes of invest- 
ment, and shall pay upon all the same, except upon de- 
posits invested in loans secured by mortgages of taxable 
real estate, the same rate of tax imposed upon savings 
banks on account of deposits. If said corporation neg- 
lects to make such return, it shall forfeit fifty dollars for 
each day such neglect continues; and if it wilfully makes 
a false statement in any such return, it shall be punished 



Acts, 190G. — Chap. 271. 235 

by a fine of not loss than five Inindred nor more than five 
thousand dollars. 

Section 6. Section thirty-two of said chapter fourteen r. t.. 14, § 32, 
is hereby amended by striking out the word " November ", 
in the third and eleventh lines, and inserting in place 
thereof the word : — October, — and by striking out the 
words " thirty-first day of October ", in the seventh and 
eighth lines and in the eighteenth line, and inserting in 
place thereof the words : — thirtieth day of September, — 
so as to read as follows: — Section 32. Every company Returns of 
liable to taxation under the provisions of sections twenty- companies, 
six and thirty shall annually, between the first and fifteenth 
days of October, make a return to the tax commissioner, 
signed and sworn to by its secretary or other officer having 
knowledge of the facts, stating the amount insured bv said 
company, and the premiums received and assessments col- 
lected by it during the year ending on the preceding 
thirtieth day of September. Every foreign company, asso- 
ciation or partnership, including associations formed upon 
the plan known as Lloj'ds, authorized to do business in the 
Commonwealth, shall annually, between the first and fif- 
teenth days of October, make a return to the tax commis- 
sioner, in such form as he shall prescribe, signed and sworn 
to by its secretary, manager or other officer having knowl- 
edge of the facts, of the amount insured by it upon property 
or interests in this Commonwealth, and the premiums and 
assessments upon such insurance charged on contracts made 
by it or its agents in this Commonwealth during the year 
ending on the preceding thirtieth day of September. Such 
returns shall state the whole amount of premiums charged 
by or in behalf of said company, association and partner- 
ship either in cash or in notes absolutely payable, the 
amount claimed as a deduction therefrom under any of 
the provisions of this chapter, and also the classes of de- 
ductions and the amount of each class. 

Section 7. Section eighty-eight of chapter one hun- ^ -^ jjg ^gg 
dred and eighteen of the Revised Laws is hereby amended amended, 
by striking out the word " l^ovember ", in the twenty- 
ninth line, and inserting in place thereof the word : — 
October, — and by striking out the words " thirty-first day 
of October ", in the thirty-first line, and inserting in place 
thereof the words : — thirtieth day of September, — so as 
to read as follows: — Section 88. Upon written notice by Licenses to 
an authorized foreign insurance company of its appoint- forel^^co 



com- 
panies. 



286 



Acts, 190G. — Chap. 271. 



Licenses to 
agents of 
foreign com- 
panies. 



Name of state 
or country to 
be exhibited, 
etc. 



Return to tax 

commissioner, 

etc. 



ment of a suitable person to act as its agent within this 
Commonwealth, and the payment of two dollars, the in- 
surance commissioner shall, if the facts warrant it, grant 
to snch person a license, which shall state in substance that 
the company is authorized to do business in this Common- 
wealth and that the person named therein is a constituted 
agent of the company for the transaction of such business 
as it is authorized to do in this Commonwealth. Said li- 
cense shall continue in force until the first day of April 
next after its issue, and, by the renewal thereof on the 
annual payment for such renewal of two dollars before the 
first day of April, until revoked by the commissioner for 
non-compliance with the laws or until the company, by 
written notice to the insurance commissioner, cancels the 
agent's authority to act for it. While such license remains 
in force the company shall be bound by the acts of the 
person named therein within his apparent authority as its 
acknowledged agent. 

Every person acting for a foreign insurance company 
shall exhibit in conspicuous letters, on the sign designating 
his place of business, the name of the state or country 
under whose authority the company he represents has been 
incorporated or formed. And said company and agent 
shall also have printed in large type the name of such 
state or country and the kind of company, whether mutual 
or stock, upon all policies issued to citizens of this Com- 
monwealth, on all cards, placards and pamphlets, and in 
all advertisements published, issued or circulated in this 
Commonwealth by it or him, relative to the business of 
such company. 

Every agent of a foreign insurance company shall an- 
nually, on or before the fifteenth day of October, make 
return to the tax commissioner of all business transacted 
by him as such agent during the year ending with the 
thirtieth day of Sei3tember last preceding, in such form as 
the tax commissioner may prescribe ; and all books, papers 
and accounts of his agency shall be oj:)en to the insi)ection 
of the tax commissioner at any time to enable him to verify 
the statements and transactions aforesaid. If such agent 
neglects or refuses to make such return, or refuses to sub- 
mit the books, papers and accounts of his agency to such 
inspection, the tax commissioner shall re]X>rt such neglect 
or refusal to the insurance commissioner, who shall there- 
upon cancel the license to such agent and make publication 



Acts, 1906. — Chap. 271. 237 

thereof, and the license so cancelled shall not be renewed 
within one year thereafter; but only such agents shall be 
subject to this provision as are not accountable to any 
other agent in this Commonwealth for premiums received. 

Section 8. Section thirty-three of chapter fourteen of ^i„eu(jed^ ^^' 
the Revised Laws is hereby amended by striking out the 
words " tenth day of December ", in the tenth, twelfth, 
seventeenth and eighteenth lines, and inserting in place 
thereof the words : — twentieth day of ISTovember, — so as 
to read as follows : — - Section 33. The tax commissioner. Assessment 
from such returns, and from such other evidence as he companies." 
may obtain, shall assess upon such companies, associations 
and partnerships, including associations formed upon the 
plan known as Lloyds, and their agents, the taxes imposed 
by sections twenty-six to twenty-nine, inclusive, and shall 
forthwith upon making such assessment give notice in 
writing to such companies, associations and partnerships, 
or their agents in the Commonwealth, stating the resj)ec- 
tive amounts payable by them. Such taxes shall be paid 
to the treasurer and receiver general on the twentieth day 
of jSTovember next following the date fixed for making the 
returns. The tax commissioner shall annually, on or be- 
fore the twentieth day of ISTovember, deliver to the treas- 
urer and receiver general a certificate stating the name of 
every such company, association, partnership and agent 
upon whom such tax has then been assessed, and the 
amount assessed upon each, and a like certificate of such 
further assessments as may be made after that date. All 
such taxes, whether assessed before or after the twentieth 
day of jSTovember, shall bear interest at the rate of twelve 
per cent per annum from that date luitil they are paid. 

Section 9. Section forty of said chapter fourteen is r. l.14, §4o, 
hereby amended by inserting after the word " rate ", in '^™'^°^'^<^- 
the fourth line, the words : — equal to the average of the 
annual rates for three years preceding that in which such 
assessment is laid, the annual rate to be, — so as to read 
as follows : — Section JfO. Every corporation subject to Tax to be paid 
the provisions of section thirty-seven shall annually pay a franctuse!*^*^ 
tax upon its corporate franchise, after making the deduc- 
tions provided for in section thirty-eight, at a rate equal to 
the average of the annual rates for three years preceding 
that in which such assessment is laid, the annual rate to 
be determined by an apportionment of the whole amount 
of money to be raised by taxation upon property in the 



238 



Acts, 1906. — Chap. 271. 



R. L. 14, § 54, 
amended. 



Notice of tax, 
etc. 



R. L. 12, § 93, 
etc., amended. 



Return to tax 
commissioner 
of corporate 
property, etc. 



Commonwealth during the same year as returned by the 
assessors of the several cities and towns under the provi- 
sions of section ninety-three of chapter twelve upon the 
aggregate valuation of all cities and towns for the preced- 
ing year as returned under sections sixty and sixty-one of 
said chapter; hut if the return from any city or tovni is 
not received prior to the twentieth day of August, the 
amount raised by taxation in said city or town for the 
preceding year, as certified to the secretary of the Com- 
monwealth, may be adopted for the purpose of this deter- 
mination. The amount of tax assessed upon polls for the 
preceding year, as certified to the secretary, may be taken 
as the amount of poll tax to be deducted from the whole 
amount to be raised by taxation, in ascertaining the amount 
to be raised upon property. 

Section 10. Section fifty-four of said chapter fourteen 
is hereby amended by striking out the words " first day 
of November ", in the ninth line, and inserting in place 
thereof the words : — twentieth day of October, — so as to 
read as follows : — Section 5Jf. The tax commissioner shall 
annually, as soon as may be after the first ]\Ionday of 
August, notify the treasurer of every corporation, com- 
pany or association, or the secretary or general agent of 
every life insurance company, liable to a tax under the 
provisions of sections twenty-four, thirty-five, thirty-six, 
forty, forty-one, forty-eight, fifty-one and fifty-three, of the 
amount thereof, that it will be due and payable to the 
treasurer and receiver general within thirty days after 
the date of such notice, but not before the twentieth day of 
October, and that within ten days after the date of such 
notice the cor}X)ration, company or association may apply 
for a correction of said tax, and be heard thereon by the 
board of appeal. 

Section 11. Section ninety-three of chapter twelve of 
the Revised Laws, as amended by chapter one hundred 
and eighty-one of the acts of the year nineteen hundred 
and four, is hereby further amended by striking out the 
word " August ", in the second line, and inserting in place 
thereof the word : — July, — and by striking out the words 
" at the same time ", in the fourteenth and seventeenth 
lines, respectively, and inserting in place thereof the words : 
— on or before the first Monday of August, — so as to 
read as follows : — Section- 93. Assessors shall annually, 
on or before the first Monday of July, return to the tax 



Acts, 1906. — Chap. 271. 239 

commissioner the names of all corporations, except banks 
of issue and deposit, having a capital stock divided into 
shares, chartered by the Commonwealth or organized under 
the general laws for the purposes of business or profit and 
established in their respective cities and towns or owning 
real estate therein, and a statement in detail of the works, 
structures, real estate and machinery owned by each of 
said corporations and situated in such city or town, with 
the value thereof, on the first day of May preceding, and 
the amount at which the same is assessed in said city or 
town for the then current year. They shall also, on or 
before the first Monday of August, return to the tax com- 
missioner the amount of taxes laid, or voted to be laid, 
within said city or town, for the then current year, for 
state, county and town purposes. They shall also, on or 
before the first Monday of August, return to the tax com- 
missioner the names of all foreign corporations which have 
a usual place of business within said city or town. If the 
assessors neglect to comply with the requirements of this 
section, each assessor so neglecting shall forfeit one hun- 
dred dollars. 

Section 12. Section seventy-four of chapter four hun- 1903, 437, § 74, 
dred and thirty-seven of the acts of the year nineteen 
hundred and three, as amended by chapter two hundred 
and sixty-one of the acts of the year nineteen hundred and 
four, is hereby further amended by inserting after the 
word " rate ", in the fifth line, the words : — equal to the 
average of the annual rates for the three years preceding 
that in which the assessment is laid, the annual rate, — 
and by inserting after the word " Laws ", in the tenth 
line, the words : — as amended by this act, — so as to 
read as follows: — Section 74- Every domestic corpora- Taxation of 
tion which is subject to the provisions of this act shall in rate franchise, 
each year pay to the treasurer and receiver general a tax ^^'^' 
upon the value of its corporate franchise, after making the 
deductions provided for in section seventy-two, at a rate 
equal to the average of the annual rates for the three years 
preceding that in which the assessment is laid, the annual 
rate to be determined by an apportionment of the whole 
amount of money to be raised by taxation upon property 
in the Commonwealth during the same year as returned 
by the assessors of the several cities and towns under the 
provisions of section ninety-three of chapter twelve of the 
Revised Laws, as amended by this act, after deducting 



240 Acts, 1906. — Chap. 271. 

^aiueof'co^o. ^herefrom tlie amount of tax assessed upon polls for the 
rjue franchise, jjreccding year, as certified to the secretary, iiix)n the ag- 
gregate valuation of all cities and towns for the preceding 
year as returned under sections sixty and sixty-one of said 
chapter of the Revised Laws. But the said tax upon the 
value of the corporate franchise after making the deduc- 
tions provided for in section seventy-two, shall not exceed 
a tax levied at the rate aforesaid upon an amount, less 
said deductions, twenty per cent in excess of the value, as 
found by the tax commissioner, of the real estate, ma- 
chinery and merchandise, and of securities Avhich if owned 
by a natural person resident in this Commonwealth would 
be liable to taxation; and the total amount of tax to be 
paid by such corporation in any year upon its property 
locally taxed in this Commonwealth and upon the value 
of its corporate franchise shall amount to not less than 
one tenth of one per cent of the market value of its capital 
stock at the time of said assessment as found by the tax 
commissioner. If the return from any city or town is not 
received prior to the twentieth day of August, the amount 
raised by taxation in said city or town for the preceding 
year, as certified to the secretary of the Commonwealth, 
may be adopted for the purpose of this determination. 
1903, 437, §77, Section 13, Sectiou seventy-sevcn of chapter four liuu- 

amended. ci ci 

dred and thirty-seven of the acts oi the year nineteen 
hundred and three is hereby amended by striking out the 
words " first day of ISTovember ", in the eighth line, and 
inserting in place thereof the words : — twentieth day of 
^ioner^tondti'fy Octobcr, — SO as to read as follows : — Section 77. The 
HaWe'to Hx* ^^^ Commissioner shall, annually, as soon as may be after 
etc- ' the first Monday of August, give notice to the treasurer 

of every domestic corporation which is liable to a tax 
under the provisions of section seventy-four of the amount 
thereof, that it Avill be due and payable to the treasurer 
and receiver general within thirty days after the date of 
such notice, but not before the twentieth day of October; 
and that, within ten days after the date of such notice, the 
corporation may apply for a correction of said tax and be 
heard thereon by the board of appeal authorized by the 
provisions of section sixty-five of chapter fourteen of the 
Revised Laws. 

Section 14. This act shall take effect upon its passage. 

Approved April 11, 1006. 



Acts, 190G. — Chaps. 272, 273. 241 



An Act to authorize the city of lawrence to incur (JJiajjSll^ 

INDEBTEDNESS FOR THE PURPOSE OF SECURING BETTER PRO- ^ ' 
TECTION AGAINST LOSS OF PROPERTY BY FIRE. 

Be it enacted, etc., as follou-s: 

Section 1. The city of Lawrence, for the purpose of city of Law- 
extending its hieh pressure water service, may incur m- iion-ow money 
debtedness beyond the statutory debt limit to an amount of Are protec- 

. • tioii. 

not exceeding fifty thousand dollars, and may issue bonds, 
notes or scrip therefor to that amount. Such bonds, notes 
or scrip shall be payable within such periods, not exceed- 
ing thirty years from the date thereof, and shall bear such 
rate of interest, not exceeding four per cent per annum, as 
the city council shall determine, and, except as otherwise 
provided herein, the provisions of chapter twenty-seven of 
the Revised Laws shall, so far as they may be applicable, 
apply to the indebtedness hereby authorized and to the 
securities issued therefor. 

Section 2. The city council of said city shall at the Annual 
time of authorizing said loan provide for the payment lokn?*^'^ 
thereof in such annual proportionate payments as will 
extinguish the same Avithin the time prescribed in this act, 
and thereafter, without further action hj the city council, 
the amount required for such payments shall be assessed 
by the assessors of said city in each year in the same man- 
ner in which other taxes are assessed under the provisions 
of section thirty-seven of chapter twelve of the Revised 
Laws, until the debt incurred by the city is extinguished. 

Section 3. This act shall take effect upon its passage. 

Approved April 11, 1906. 



CJiap.273 



An Act to provide that inspectors of small arms prac- 
tice IN the militia shall have the rank of captain. 

Bo it enacted, etc., as follows: 

Section 1. Section twenty-eight of chapter four hun- 1905, 465, § 28, 
dred and sixty-five of the acts of the year nineteen hundred ^^^^^ ^ 
and five is hereby amended by inserting after the word 
" subsistence ", in the fifth line, the words : — one inspector 
of small arms practice, — and by striking out the words 
" one inspector of small arms practice ", in the seventh and 
eighth lines, so as to read as follows : — Section 28. To Regimental, 
each regiment there shall be one colonel, one lieutenant aruiieJy''"'^ 

officers, 



24:2 



Acts, 1906. — Chap. 274. 



Regimental, 
cavalry and 
artillery 
officers. 



colonel, three majors, and a staff consisting of one surgeon 
with the rank of major, one regimental adjutant, one quar- 
termaster, one commissary of subsistence, one inspector of 
small arms practice, one paymaster who shall be muster- 
ing officer, and one assistant surgeon, each with the rank 
of captain; one assistant surgeon, and three battalion ad- 
jutants, each with the rank of first lieutenant; one second 
lieutenant to each battalion as quartermaster and commis- 
sary of subsistence ; and one chaplain. To each squadron 
of cavalry there shall be one major, and a staff consisting 
of one assistant surgeon wuth the rank of captain, one adju- 
tant, one quartermaster, one commissary of subsistence, 
one assistant surgeon, one paymaster who shall be muster- 
ing officer, one inspector of small arms practice, each with 
the rank of first lieutenant, and one chaplain. To each 
battalion of field artillery there shall be one major, and a 
staff consisting of one assistant surgeon with the rank of 
captain, one adjutant, one quartermaster, one commissary 
of subsistence, one assistant surgeon, one paymaster who 
shall be mustering officer, each with the rank of first lieu- 
tenant, and one chaplain. There shall be attached to the 
headquarters of each regiment, squadron of cavalry and 
battalion of field artillery such non-commissioned staff offi- 
cers, color sergeants, guidon sergeants, musicians, order- 
lies or other enlisted men as the commander-in-chief shall 
prescribe in accordance with the provisions of section 



thirty-four. 
Section 



This act shall take effect upon its passage. 
Approved April 12. 1906. 



Chap.274: An Act relative to the protection of wood or summer 

DUCK. 

Be it enacted, etc., as follows: 

Section 1. It shall be unlawful, prior to the first day 
of September in the year nineteen hundred and eleven, to 
hunt, capture, wound or kill a wood or summer duck. 

Section 2. Whoever violates the provisions of this 
act shall be ]3unished by a fine of not more than fifty dol- 
lars for each violation. The possession of any wood duck 
or summer duck, or any part thereof, shall be prima facie 
evidence of a violation of the provisions of this act. 

Approved April 12, 1906. 



Protection of 
wood or 
summer duck. 



Penalty. 



Acts, 1906. — Chaps. 275, 276. 243 



An Act to provide for an increase in the number of (^/^^^ 275 

THE trustees OF THE LOWELL TEXTILE SCHOOL. ^ ' 

Be it enacted, etc., as follows: 

Section 1. Chapter two hundred and sixteen of the acts 1905, 216, §i, 
of the year nineteen hundred and five is hereby amended ''^"''^" ^ ' 
hj striking out section one and inserting in place thereof 
the following: — Section 1. Graduates of the Lowell tex- Graduates of 
tile school who hold the diploma of the trustees and faculty sciiooi may 
thereof may choose by ballot one trustee for the term of t/onaUrustees. 
two years from the first day of July next succeeding such 
election, one trustee for the term of three years from said 
date and one trustee for the term of four years from said 
date, and thereafter may elect one trustee annually for the 
full term of four years. Said trustees shall be in addition 
to those provided for by chapter four hundred and seventy- 
five of the acts of the year eighteen hundred and ninety- 
five, and by acts in amendment thereof or in addition 
thereto. No officer, instructor or other employee of said 
corporation or school, and no person graduated at the 
school in the year in which the election is held, shall be 
eligible for election as such trustee. The trustee elected 
at the annual meeting in the year nineteen hundred and 
five, under the act of which this is an amendment, for the 
term of two years from July first, nineteen hundred and 
five, shall hold his membership in said corporation until 
the expiration of the term for which he was elected. 

Section 2. His honor the lieutenant governor and the Members 
secretary of the board of education shall be ex officiis mem- 
bers of the corporation styled the Trustees of the Lowell 
Textile School. Approved April 12, 1906. 



An Act to provide for an additional assistant clerk Qjin^^ 276 

OF THE SUPERIOR COURT FOR CIVIL BUSINESS FOR THE ^' 

county OF SUFFOLK. 

Be it enacted, etc., as follows: 

Section 1. The justices of the superior court, or a Assistant 
majority of them, may appoint an additional assistant com-t' county^' 
clerk of said court for civil business in the county of Suf- appointment, 
folk, who shall be subject to the provisions of law applica- ®*''^- 
ble to assistant clerks of courts in said county, and who 
shall receive in full for all services performed by him an 



244 



Acts, 190G. — CHArs. 277, 278. 



annual salary of twenty-five hundred dollars, to be paid 
by said county. 

Section 2. This act shall take effect upon its passage. 

Approved April 12, 1906. 



Notices of 
civil service 
examination 
to be posted, 
etc. 



ChapJ2!ll An Act relative to the posting of notices of civil ser- 
vice EXAMINATIONS. 

Be it enacted, etc., as follows: 

Section 1. The civil service commissioners shall from 
time to time prepare notices of civil service examinations 
and send them to the clerks of the several cities and towns 
in the Commonwealth, who shall cause the same to be 
posted in the city and town halls and in other conspicuous 
places in their respective municipalities. Of such notices 
there shall be posted conspicuously not less than five in 
every town, and not less than twenty-five in every city, 
including one in each ward. 
Penalty. Section 2. Any city or town clerk who shall refuse or 

wilfully neglect to comply with the provisions of this act, 
or any person who shall maliciously tear down, destroy, 
deface or injure any such notice prior to the date of 
the examination or examinations of which notice is given 
therein, shall be liable to a fine of not more than twenty- 
five dollars. Approved April 12, 1906. 



Chap.278 An Act to trovide for the better protection of ruffed 

GROUSE. 

Be it enacted, etc., as follows: 

Section twelve of chapter ninety-two of the Revised 
Laws is hereby amended by striking out the words " or 
snaring of ruffed grouse, commonly called partridge, or ", 
in the second and third lines, and inserting in place thereof 
the words : — other than by snare, of, — so as to read as 
follows: — Section 12 The provisions of the preceding 
section shall not apply to the trapping, other than by snare, 
of hares or rabbits upon his land by an owner of land, or 
by a member of his family if authorized by him, between 
the first day of October and the first day of December. 

Approved April 12, 1906. 



R. L. 92, § 12, 
amended. 



Trapping of 
ruffed grouse, 
etc. 



Acts, 1906. — Chap. 279. 245 

An Act relative to the expense of the construction of QJi(ij)^279 

A NEW DRAWBRIDGE OVER THE CANAL ON WESTERN AVENUE -^' 

IN THE CITY OF GLOUCESTER. 

Be it enacted, etc., as follows: 

Section two of chapter two hundred and fifty-four of ^mended^^' 
the acts of the year nineteen hundred and five is herehy 
amended by striking out the word " fifty-five ", in the 
second line, and inserting in place thereof the word : — 
seventy-two, — so as to read as follows : — Section 2. The payment of 
exjDcnse incurred under this act shall not exceed the sum constructing 
of seventy-two thousand dollars, and shall be paid in the ^"dge, etc. 
first instance from the treasury of the county of Essex. 
The Boston and Northern Street Railway Company shall 
pay into the treasury of said county as their proportion of 
the expense of said bridge and the approaches thereto a 
sum equal to ten per cent of said expense, but not to ex- 
ceed the sum of fifty-five hundred dollars, and, provided 
that said Boston and Northern Street Railway Company 
shall pay into the treasury of said county the said amount 
and shall enter into an agreement with the county com- 
missioners of said county to keep that part of the roadway 
upon said bridge between the tracks of the company and 
eighteen inches outside thereof in repair and safe for pub- 
lic travel, subject to such conditions as said commission- 
ers shall impose, said company shall thereupon have and Location 
is hereby granted a location uix)n said bridge for the con- Boston and 
struction and maintenance of its tracks, poles and wires, street Railway 
and for the operation of its railway thereon, and the loca- ^''"^i^'^^y- ®'^°- 
tion herein granted shall not be revoked except by the 
county commissioners of the county of Essex, after public 
notice and a hearing, and no such revocation shall be valid 
until approved by the board of railroad commissioners. 
The amount of any assessment paid by said company 
under this section shall be deemed, in all proceedings 
thereafter, as a part of the value of its property for street 
railway purposes ; and the company may issue stock or 
bonds to meet the expenses incurred under this act to an 
amount approved by the board of railroad commissioners 
as reasonably necessary to provide for the payment thereof. 
The county commissioners of said county are hereby an- county com- 
thorized and directed to borrow on the credit of the county may bonw 
such sums of money as may from time to time be required "J-edft of'the 

covmty. 



246 



Acts, 1906. — Chaps. 280, 281. 



for sucli cost and expenses. All moneys so borrowed shall 
be deposited in the county treasury, and the treasurer of 
the county shall pay out the same as ordered by said county 
commissioners, and shall keep a separate and accurate ac- 
count of all sums borrowed and exix^nded, including in- 
terest. Approved April 13, 1906. 



Chap.280 An Act relative to partial payments of loans made by 

CO-OPERATIVE BANKS. 

Be it enacted, etc., as follows: 

Section 1. Chapter one hundred and fourteen of the 
Revised Laws is hereby amended by striking out section 
seventeen and inserting in place thereof the f olloAving : — 
Section 17. Partial pajonents of loans shall be received in 
amounts of fifty dollars or a multiple thereof, and pay- 
ments of a less amount may be received in such amount 
as may be fixed by the by-laws. For each two hundred 
dollars so repaid ujwn a real estate loan one share of stock 
shall be released from pledge. 

Section 2. This act shall take effect upon its passage. 

Approved April 11^, 1906. 



R. L. 114, § 17, 
amended. 



Partial pay- 
ments on 
loans. 



Registered 

pliarmacists 

may sell 

intoxicating 

liquor on 

prescription, 

etc. 



Chap.281 An Act relative to the sale of intoxicating liquors by 

REGISTERED PHARMACISTS. 

Be it enacted, etc., as follows: 

Section 1. In any city or to^vn in which licenses for 
the sale of intoxicating liquors of the first five classes are 
not granted, registered pharmacists to whom a certificate 
of fitness has been issued as provided for by section two 
of this act, may sell intoxicating liquors upon the prescrip- 
tion of a registered physician practising in such city or 
town, provided that the prescription is dated, contains the 
name of the person prescribed for, and is signed by the 
physician. All such prescriptions shall be retained and 
kept on file in a separate book by the pharmacist filling 
the same, and shall not be filled a second time. Such pre- 
scription book shall be open at all times to the inspection 
provided for in section twenty-seven of chapter one hun- 
dred of the Ileviscd Laws. 

Section 2. The board of registration in pharmacy 
may, upon the payment by each applicant of a fee of not 
more than one dollar, issue to registered pharmacists cer- 



Certiflcate of 
fitness. 



Acts, 1906. — Chaps. 282, 283. 247 

tificates of fitness as provided for in section twenty-three 
of said chapter one hundred. Such certificates of fitness 
shall bo subject to suspension or revocation by the board 
of registration in pharmacy, or by the licensing authori- 
ties of such cities and towns. 

Section 3. Whoever violates any provision of this act Penalty, 
shall be punished by a fine of not less than fifty nor more 
than five hundred dollars, or by imprisonment for not less 
than one month nor more than six months, or by both such 
fine and imprisonment. 

Section 4. All acts and parts of acts inconsistent here- Repeal, 
with are hereby repealed. Approved April IJ^, 1906. 



Chap.282 



An Act relative to the imprisonment of women. 
Be it enacted, etc., as foUoivs: 

Section 1. The sentence of a female wdio is convicted of^womenTetc. 
of a felony shall be executed in the reformatory prison 
for women only. The sentence of a female convicted of 
a misdemeanor shall not be executed in the reformatory 
prison for women unless it appears to the court that she 
has previously been sentenced to fine or imprisonment. 

Section 2. jSTothing in this act shall be so construed i^pi^^'*° 
as to modify or repeal any of the provisions of chapter two 
hundred and nine of the acts of the year nineteen hundred 
and three relative to sentences to the reformatory prison 
for women. Approved April 14, 1900. 



Chap.28S 



An Act relative to safeguards against fire in certain 

CARS operated BY RAILROAD COMPANIES. 

Be it enacted, etc., as follows: 

Section two hundred and eleven of chapter one hundred amended ^ ^^^' 
and eleven of the Kevised Laws is hereby amended by 
striking out the words " in which heating apparatus may 
be placed ", in the third line, and by striking out the word 
" approve ", in the fifth line, and inserting in place thereof 
the word : — order, — so as to read as follows : — Section safeguards 
211. Every passenger, baggage, mail and express car, ^^^^^^ 
which is owned or regularly used on any railroad in this 
Commonwealth, shall be provided with such safeguards 
against fire as the board in writing shall order. A cor- 
poration which violates the provisions of this section shall 
forfeit three hundred dollars for each offence. 

Approved April 14, 1906. 



248 Acts, 1906. — CnArs. 284, 285. 



ChapJ2Si: ^^ Act relative to the employment and school at- 
tendance OF minors. 

Be it enacted, etc., as follows: 

orJfcTetc., Section 1. The ability to read at sight and to write 
educational leg'iblj simple sentences in tlie English language, which is 
required by chapter two hundred and sixty-seven of the 
acts of the year nineteen hundred and five, amending sec- 
tion twenty-eight of chapter one hundred and six of the 
Revised Laws, as a condition of the employment of cer- 
tain minors in factories or otherwise, shall be construed 
as meaning, in the year nineteen hundred and six, such 
ability to read and write as is required for admission to 
the second grade, in the year nineteen hundred and seven 
such as is required for admission to the third grade, and 
in the year nineteen hundred and eight and thereafter such 
as is required for admission to the fourth grade of the 
public schools of the city or town in which such minors 
live, 
may^he PC °°'^^ Section 2. Miuors to whom the said chapter two hun- 
on saturda •T'^ dred and sixty-seven applies shall be permitted to work 
on Saturdays between the hours of six in the morning and 
seven in the evening, in mercantile establishments. 

Section 3. This act shall take effect upon its passage. 

Approved April H, 1906. 



Chap.285 -^^" Act to authorize the boston safe deposit and trust 

co:mpany to hold real estate. 

Be it enacted, etc., as follows: 

DeSS Section 1. The Boston Safe Deposit and Trust Com- 

Trustcom- pauv, incorporated by chapter one hundred and fifty-one 

pany may hold ^^i ci • \ ^ i- 

real estate 01 the acts 01 the year eighteen hundred and sixty-seven, 
is hereby authorized to invest its surplus to an amount not 
exceeding two million dollars in real estate, in the city of 
Boston, suitable for the transaction of its business. 

Section 2. This act shall take effect upon its passage. 

Approved April 14, 1906. 



Acts, 1906. — Chains. 286, 287. 249 



An Act relative to the organ izatioist of corporations QJiap^286 

FOR THE DISTILLING OR MANUFACTURING OF INTOXICATING 
LIQUORS. 

Be it enacted, etc., as follows: 

Section 1. Section seven of chapter fonr Imndred and a^J'i^'n^lJ^^ '''• 
thirty-seven of the acts of the year nineteen hundred and 
three is herehy amended by striking out the words " or to 
distil or manufacture intoxicating liquors ", in the sixth 
line, so as to read as follows : — Section 7. Three or more orfrnnizafion 
persons may associate themselves by a written agreement lawi force r- 
of association with the intention of forming a corporation -i^'" i^^^i'"*'^''- 
under general laws for any lawful purpose which is not 
excluded by the provisions of section one except to buy 
and sell real estate. 

Section 2. This act shall take effect upon its passage. 

Approved April IJf, 1906. 

An Act relative to objections of owners of real estate (^/^^^ 287 
- to the granting of licenses for the sale of intoxi- ^ ' 

gating liquors. 

Be it enacted, etc., as follows: 

Section 1. Section fifteen of chapter one hundred of R-L-ioo, §i5, 

. •11 111- • c amended. 

the Revised Laws is hereby amended by inserting alter 
the word " granted ", in the eighth line, the words : — un- 
less the applicant therefor shall, for the two years next 
preceding the date of his application, have, held a license 
for the sale of intoxicating liquors upon said premises, — 
by inserting after the word " granted ", in the ninth line, 
the words : — to an applicant who has not held for the two 
years next preceding the date of his application a license 
to sell intoxicating liquors as a common victualler upon 
said premises, — and by inserting at the end of said sec- 
tion the following : — If, after such objection filed as 
aforesaid, a license shall be granted to an applicant, who, 
for the two years next preceding the date of his applica- 
tion, has held a license to sell intoxicating liquors as a 
common victualler upon said premises, the owner of any 
such real estate may apply for a hearing to a |X)lice, dis- 
trict, municipal court or trial justice within whose juris- 
diction the licensed premises are situated, and if it shall 
appear to the satisfaction of such court or magistrate either 
that said objections are made in good faith or that the 



250 



Acts, 190G. — Chap. 287. 



Owners of 
adjoining 
property may 
object to the 

granting of 
censes, etc. 



granting of said license and tlie business carried on there- 
under will be a detriment to the reasonable use and en- 
joyment of such real estate of said objecting owner, said 
court or magistrate shall notify the licensing board thereof, 
and said license shall be inoperative and of no eifect in 
said premises: provided, however, that said board may 
transfer the license to other premises. If the licensing 
board refuses to transfer the license, or if the licensee shall 
elect to surrender said license, the city or town in which 
the license has been exercised shall then refund to the 
licensee or his legal representatives that part of the license 
fee proportionate to the unexpired term of the license and 
his court fees and costs. Where at the time of the applica- 
tion no license for the sale of intoxicating liquors as a 
common victualler on the premises in question is in force, 
the licensing board shall in addition to the notice required 
by section fourteen of this chapter send written notice of 
such application, together with a copy of said section four- 
teen and of this section, to the owner or owners of the 
above mentioned real estate so far as they are disclosed by 
the records of the assessors, — so as to read as follows : — 
Section 15. If before the expiration of the ten days follow- 
ing the publication of the notice, as required by the preced- 
ing section, the owner of any real estate within twenty-five 
feet of the premises described in an application for a li- 
cense to be exercised by a common victualler to sell liquors 
to be drunk on the premises notifies the licensing board in 
writing that he objects to the granting of the license, no 
license to sell intoxicating liquors to be drunk on said 
premises shall be granted, unless the applicant therefor 
shall, for the two years next preceding the date of his ap- 
plication, have held a license for the sale of intoxicating 
liquors upon said premises. If, after such objection has 
been filed, a license is granted to an applicant who has 
not held for the two years next preceding the date of his 
application a license to sell intoxicating liquors as a com- 
mon victualler upon said premises, the owner of any such 
real estate may apply for a hearing to a ix)lice, district or 
municipal court or trial justice within whose jurisdiction 
the premises arc situated ; and said court or trial justice, 
if it appears that due notice was given by the said owner 
of his objection to the granting of such license, shall re- 
voke the license and send notice thereof to the licensing 
board. A city or town in which such license has been so 



Acts, 1906. — Chap. 288. 251 

revoked shall refund to said licensee or his legal repre- 
sentatives the money expended by him for said license and 
his court fees and costs. If, after such objection filed as 
aforesaid, a license shall be granted to an applicant, who, 
for the two years next preceding the date of his applica- 
tion, has held a license to sell intoxicating liquors as a 
common victualler upon said premises, the owner of any 
such real estate may apply for a hearing to a police, dis- 
trict, municipal court or trial justice within whose juris- 
diction the licensed premises are situated, and if it shall 
appear to the satisfaction of such court or magistrate 
cither that said objections are made in good faith or that 
the granting of said license and the business carried on 
thereunder will be a detriment to the reasonable use and 
enjoyment of such real estate of said objecting owner, 
said court or magistrate shall notify the licensing board 
thereof, and said license shall be inoperative and of no 
effect in said premises : provided, however, that said board I'roviso. 
may transfer the license to other premises. If the licens- 
ing board refuses to transfer the license, or if the licensee 
shall elect to surrender said license, the city or town in 
which the license has been exercised shall then refund to 
the licensee or his legal representatives that part of the 
license fee proportionate to the unexpired term of the li- 
cense and his court fees and costs. Where at the time of 
the application no license for the sale of intoxicating 
liquors as a common victualler on the premises in question 
is in force, the licensing board shall in addition to the 
notice required by section fourteen of this chajiter send 
written notice of such application, together with a copy 
of said section fourteen and of this section, to the o^\Tier 
or owners of the above mentioned real estate so far as they 
are disclosed by the records of the assessors. 

Section 2. All acts and parts of acts inconsistent here- Repeal, 
with are hereby repealed. Approved April IJf, 1906. 



Chap.2S8 



An Act relative to scallops. 

Be it enacted, etc., as follows: 

Section eighty-four of chapter ninety-one of the Revised ^^^^1^^^^' 
Laws is hereby amended by striking out the word " seed ", 
in the first line, and by inserting after the word " scal- 
lops ", in the same line, the words : — less than two inches 
in diameter, said diameter being a straight line drawn 



252 



Acts, 1906. — Chaps. 289, 290. 



Taking 

scallops under 
a certain size 
prohibited. 



from the outside edge of the scallop perpendicular to the 
middle point of the outside line of the hinge, — so as to 
read as follows : — Section 8Jf. \Mioever takes scallops 
less than two inches in diameter, said diameter heing a 
straight line drawn from the outside edge of the scallop 
perpendicular to the middle point of the outside line of 
the hinge, from the flats or waters of the Commonwealth 
shall be punished by a fine of not less than twenty nor 
more than fifty dollars for each offence; but such penalty 
shall not be incurred by any person taking such scallops 
who returns them alive to the flats or waters from which 
they were taken. Approved April IJf., 1906. 



Chap.2S9 An Act to provide for clerical assistance for the 

CLERK OF THE POLICE COURT OF BROCKTON. 



Clerk of 
3olice court of 



Be it enacted, etc., as follows: 

police court or Section 1. The clcrk of the police court of Brockton 
Brockton may gliall bc allowcd for clerical assistance, upon his certifi- 

cniplov 

assistance. catc Stating the time occupied and the name of the person 
or persons by whom the work was performed, provided 
the justice of said court shall certify that the work was 
necessary and was actually performed, such sums not ex- 
ceeding eight hundred dollars in any one year as the 
county commissioners for the county of Plymouth may ap- 
prove. Such sums shall be paid monthly from the treas- 
ury of the county to the person or persons employed. 

Section 2. So much of section sixty-seven of chapter 
one hundred and sixty of the Revised Laws as is incon- 
sistent herewith is hereby repealed. 

Section 3. This act shall take effect upon its passage, 
but shall cease to be operative Avhenever an assistant clerk 
of said court is appointed. Approved April H, 1906. 



Repeal. 



When to take 
effect. 



Chap.290 An Act to establish the salaries of the county com- 
missioners OF the county of MIDDLESEX. 



1904, 4.51, § 1, 
amended. 



Be it enacted, etc., as follows: 

Section 1. Section one of chapter four hundred and 
fifty-one of the acts of the year nineteen hundred and four 
is hereby amended by striking out the words " fifty-seven 
hundred ", in the sixth line of Class I, and inserting in 
place thereof the words : — six thousand, — so that that 
part of said section shall read as follows : — Class I. — 



Acts, 190G. — Chap. 291. 253 

Counties having- a population of five hundred thousand or class i, 
more, to wit, the counties of Suffolk and Middlesex; sal- county omcers. 
aries: — Clerk of the courts (including Suffolk county 
clerks of superior court for civil and criminal business), 
six thousand dollars; commissioners (Suffolk, none), six 
thousand dollars; treasurer (Suffolk, none), thirty-live 
hundred dollars. 

Section 2. This act shall take effect upon its passage. 

Approved April Ui, 1906. 



An Act to provide for the appointment of a licensing Chaj). 291 
board and a police commissioner of the city of 
boston. 

Be it enacted, etc., as follows: 

Section 1. The governor, with the advice and consent f^°*'!J^]°ff,, 

•1 1 -n • r ••IT- board for the 

of the council, shall appoint from the two principal politi- city of Boston, 
cal parties three citizens of Boston, who shall have resided etc. 
therein for at least two years immediately preceding the 
date of their appointment, who shall constitute a licensing 
board for said city and who shall be sworn to the faithful 
performance of the duties of their office before entering 
on the same. 

They shall not be in the employ of any person or corpo- Not to engage 
ration engaged in the manufacture or sale of intoxicating employments, 
liquors, or in any way, directly or indirectly, pecuniarily 
interested in the manufacture or sale of intoxicating 
liquors, or in any business which requires a license to be 
issued by them. 

One member of said board shall be designated by the Chairman, 
governor as chairman and two members shall constitute a 
quorum. Their terms of office shall be so arranged and '^^^^^^^1 
designated at the time of appointment that the term of one 
member shall expire on the first Monday of June, nine- 
teen hundred and eight, of another on the first Monday of 
June, nineteen hundred and ten, and of the third on the 
first Monday of June, nineteen hundred and twelve. Upon 
the expiration of the term of any member of said board, 
the governor, with the advice and consent of the council, 
shall appoint his successor for the term of six years. Va- 
cancies in the board shall be filled by the governor, with 
the advice and consent of the council, for the unexpired 
term. The members of said board may be removed by Removal, 
the governor, with the advice and consent of the council, 



254 



Acts, 1906. — Chap. 291. 



Secretary. 



Salaries. 



Clerks, 

stenographers, 

etc. 



Powers and 

duties. 



for such cause as he shall deem sufficient. Such cause 
shall be stated in the order of removal. The board shall 
appoint a secretary, who shall be exempt from the civil 
service law, who shall be sworn to the faithful performance 
of the duties of his office, and who sliall keep a record of 
all proceedings, issue all notices and attest such papers 
and orders as said board shall direct. His term of office 
shall be six years, but he may be removed by said board 
for such cause as it sliall deem sufficient. Such cause shall 
be stated in its order of removal. 

Section 2. The annual salary of the chairman of said 
board shall be four thousand dollars, that of each of the 
other two members thirty-five hundred dollars, and that of 
the secretary twenty-five hundred dollars. Such salaries 
shall be paid in monthly instalments by the city of Boston. 
Subject to the approval of the governor and council, said 
board shall be provided with such rooms, in the head- 
quarters of the police commissioner hereinafter named, as 
shall be convenient and suitable for the performance of its 
duties, the rent of which shall be paid by the city of Bos- 
ton. Said rooms shall be suitably furnished and equipped, 
and the expense therefor sliall be paid by said city upon 
requisition of said board, 

SECTioisr 3. Said board may employ such clerks, stenog- 
raphers and office employees, and such legal assistance, as 
it may deem necessary, and the expense thereof and all in- 
cidental expenses incurred by the board in the performance 
of its duties and the exercise of its powers shall be paid 
by said city upon requisition of the board. 

Section 4-. Except as otherwise provided herein, said 
board shall exclusively exercise in said city all the powers 
and perform all the duties conferred or imposed upon the 
board of police of the city of Boston, and upon licensing 
boards by sections ten to ninety, both inclusive, of chapter 
one hundred of the Revised Laws and amendments thereof, 
relative to intoxicating liquors, and by chapter one liun- 
dred and two of the Revised Laws and amendments thereof, 
relative to innholders and common victuallers. 

Said board shall also exercise, except as otherwise herein 
provided, all the powers and perform all the duties now 
conferred or imposed by law upon the board of police of 
the city of Boston, relative to the licensing of picnic groves, 
skating rinks, intelligence offices, billiard tables and bowl- 
ing alleys. 



Acts, 1906. — Chap. 291. 255 

All licenses issued by said board shall be signed by a Licenses, fees, 
majority of the members thereof and shall be recorded in 
the ofhce of said board, and all fees for said licenses shall 
be paid into the treasury of said city. 

Section 5. Said licensing board shall annually in the Annual report, 
month of December make a report to the governor. 

All records of said board shall at all times be open to Records, etc. 
the inspection of the governor, the mayor of said city, and 
of such persons as may be designated by either of them. 

Section 6. Said board shall certify to the police com- Applicants 

1 • <•, ;• in J- ^ for license. 

missioner heremaiter mentioned the name oi each ap- 
plicant for a license, the name of each person to whom a 
license is issued, the date when each license goes into effect, 
the kind or class of the license, every change of location 
or place of business for the exercise of such license, and 
every transfer of a license ordered by it. 

Section Y. The governor, with the advice and consent n,°^s'{one™" 
of the council, shall appoint a single police commissioner appointment, 
for the city of Boston, who shall be a citizen of Boston and 
who shall have resided therein for at least two years im- 
mediately preceding the date of his appointment. Such 
police commissioner shall not engage in any other business 
and shall be sworn to the faithful performance of the 
duties of his office before entering upon the same. 

Said j^olice commissioner shall be appointed for a term Term of office. 
of five years, beginning on the first Monday in June, in 
the year nineteen hundred and six, and shall hold his office 
until his successor is appointed and qualified, and any 
vacancy occurring shall be filled by the governor, with the 
advice and consent of the council, by an appointment for 
a term of five years. 

Said police commissioner may be removed by the gov- Removal, 
ernor, with the advice and consent of the council, for such 
cause as he shall deem sufficient. Such cause shall be 
stated in his order of removal. 

Said police commissioner shall appoint a secretary, who secretary, etc. 
shall be exempt from the civil service law, who shall be 
sworn to the faithful performance of his duties and who 
shall keep such records, issue such notices and attest such 
papers and orders as said police commissioner shall direct. 
His term of office shall be five years, but he may be re- 
moved by said police commissioner for such cause as he 
shall deem sufficient. Such cause shall be stated in his 
order of removal. 



256 



Acts, 1906. — Chap. 291. 



Salaries. 



City of Boston 
to provide 
office accom- 
modations, etc. 



Clerks, etc. 



Expenses. 



Legal 
assistance. 



Police com- 
missioner to 
organize the 
police, etc. 



Powers and 
duties. 



Section 8. The annual salary of the police commis- 
sioner shall be six thousand dollars, and of the secretary 
three thousand dollars, which shall be paid in monthly 
instalments by the city of Boston. Subject to the ap- 
proval of the governor and council, the police commis- 
sioner shall be provided with such rooms, which shall be 
suitably furnished, as shall be convenient and suitable for 
the performance of his duties, the expense of which shall 
be paid by the city of Boston. 

The city of Boston shall provide all such accommoda- 
tions for the police of said city as said police commissioner 
may require. All buildings and property used by said 
police shall be under control of said police commissioner. 

Said police commissioner may employ such clerks, ste- 
nographers and other employees as he may deem neces- 
sary for the proper performance of the duties of his office. 

All expenses for the maintenance of buildings, the pay 
of the police, clerks, stenographers and other employees, 
and all incidental expenses incurred in the performance 
of the duties of said commissioner or in the administra- 
tion of said police shall be paid by the city of Boston upon 
the requisition of said police commissioner. 

Section 9. Said police commissioner may employ such 
legal assistance as he may deem necessary in the perform- 
ance of his duties, and may incur expense therefor to an 
amount not exceeding thirty-five hundred dollars in any 
municipal year, which expense shall be paid by the city 
of Boston upon the requisition of said police commissioner. 

Section 10. The police commissioner shall have au- 
thority to appoint, establish and organize the police of said 
city and to make all needful rules and regulations for its 
efiiciency. He shall from time to time appoint a trial 
board, to be composed of three captains of police, to hear 
the evidence in such complaints against members of the 
force as the commissioner may deem advisable to refer to 
said board. Said trial board shall report its findings to 
said commissioner who may review the same and take such 
action thereon as he may deem advisable. Except as other- 
wise provided herein all the powers and duties now con- 
ferred or imposed by law upon the board of police of the 
city of Boston, are hereby conferred and imposed upon 
said police commissioner. All licenses issued by said 
police commissioner shall be signed by him and recorded 
in his office. 



Acts, 1906. — Chap. 291. 257 



Sectioi^ 11. The said police commissioner may at any Acting poUce 
time, subject to removal by bim at bis pleasure, designate ^^o^^^^sioner. 
some member of tbe police force to be acting police com- 
missioner. 

In case of the absence or disability of the police com- superintend- 
missioner without his having designated an acting com- absence of the 

,1 • J. ^ J. J! i- • XI" commissioner. 

missioner, the superintendent oi police, or, m case oi nis 
absence or disability, the next ranking officer, or where 
there are two such officers of equal rank, the senior officer 
in date of appointment, shall be acting commissioner while 
such absence or disability continues. An acting police 
commissioner shall receive no extra compensation for ser- 
vices as such. 

Section 12. The members of the Boston police force, Members of 

IT TiE ' m ij.1 'J present police 

including reserve police officers, m office when the said force to re- 
commissioner is first appointed shall continue to hold their ™a»'i I'l office, 
several offices until removed or placed on the retired list 
by the said police commissioner in accordance Avith law; 
and the present rules and regulations of the board of police 
for the said city shall continue in force until otherwise 
ordered by said police commissioner. 

All police officers now in office or appointed by said I'o'^'ers, etc. 
police commissioner shall have and exercise Avithin the 
limits of said city all the powers conferred by law upon 
constables, except in relation to the service of civil process, 
and all the powers conferred upon the police as watchmen. 

Section 13. Except as authorized by the mayor of said pjJ^trohTOn* 
city said commissioner shall not appoint any greater num- ii«utcd. 
ber of patrolmen than the present board of police of the 
said city is now authorized to appoint, nor shall the pay 
of the members of the police force other than said police 
commissioner and superintendent of police be increased 
or diminished, except by the concurrent action of said 
mayor and said police commissioner. The police commis- saLarvof 
sioner may, without such concurrent action, fix. the salary 
of the superintendent of police, which shall not exceed 
five thousand dollars j^er annum. 

Section 1-1. Said police commissioner shall annually Annual 
in the month of December make a report to the governor. ^'^^''^^ ' 
The records of said ix)lice commissioner shall at all times 
be open to the inspection of the governor, the mayor of 
said city, and of such persons as may be designated by 
either of them. 



commissioner. 



258 



Acts, 1906. — Chap. 291. 



Violation of 
conditions of 
license, etc. 



Forfeited 
license, etc. 



Fitness of 
licensee. 



Powers and 
duties, etc. 



Section 15. If said police commissioner is at any time 
of the opinion that a person holding a license to sell in- 
toxicating liquors in the city of Boston has violated or 
permitted a violation of any condition of his license, said 
police commissioner shall forthwith give notice to such 
licensee of the violation or violations aforesaid, and shall 
transmit to said licensing board a report in writing con- 
taining a statement of the conditions of the license that have 
been violated, together with a copy of said notice. If said 
licensing board, after a hearing as prescribed by section 
forty-seven of chapter one hundred of the Revised Laws, 
shall determine that said license shall be forfeited, they 
shall, within fifteen days after the receipt of the report of 
said commissioner, so notify said licensee and said commis- 
sioner ; and said notice may be served upon said licensee 
by a police officer of said city, by delivering the same to 
him in hand or by leaving it at the place of abode of the 
licensee or at the place where the business authorized by 
such license is carried on. Upon such notice the license 
shall become forfeited. If said licensing board finds that 
said license should not be forfeited, they shall, within fif- 
teen days after the receipt of the report aforesaid, notify 
said commissioner of such finding, and shall also notify 
said licensee. 

Sectiojst 16. If a license becomes forfeited the licensee 
shall be disqualified to receive a license for one year after 
the expiration of the term of the license so forfeited, and 
if he is the owner of the premises described in such for- 
feited license no license shall be exercised on said premises 
for the residue of the term of the license so forfeited. 

Section 17. It shall be the duty of the police commis- 
sioner and his subordinates to obtain and to furnish to the 
licensing board such information as may be required by 
the said board from them or from any of them relative to 
the character or fitness of a licensee of said board or of 
an applicant for any license which said board is empow- 
ered to issue, relative to the place at which the business 
authorized by any license is or is proposed to be conducted, 
and also relative to the manner in which any business au- 
thorized by any license is at any time being conducted. 
Such information may be given in writing or orally as 
said licensing board may require. 

Section 18. All the powers heretofore vested in and 
the duties heretofore imposed by law upon the board of 



Acts, 1906. — Chap. 291. 259 

police of the city of Boston, under the provisions of chai> diui(fs?ete.'^ 
ter two hundred and seventy-nine of the acts of the year 
nineteen hundred and three, as amended by chapter two 
hundred and forty-five of the acts of the year nineteen 
hundred and four, relative to the listing and registration 
of voters in said city, shall be, and the same hereby are, 
vested in and imposed upon a listing board to be composed 
of the police commissioner of said city and one member of 
the Boston board of election commissioners, who shall an- 
nually be appointed by the mayor, without confirmation 
by the board of aldermen, for the term of one year and 
who shall belong to that one of the two leading political 
parties of which said jwlice commissioner is not a member. 
Said powers and duties shall hereafter be exercised and 
performed by said board as herein constituted or by }X)lice 
officers subject to the jurisdiction of said police commis- 
sioner. In case of disagreement between the two members 
of said board, the chief justice of the municipal court of 
the city of Boston, or, in case of his disability, the senior 
justice of said court who is not disabled, shall for the pur- 
pose of settling such disagreement be a member of said 
board and shall preside and cast the deciding vote, in case 
of a tie. 

Section 19. The said police commissioner or mayor of License may 

. 1 . . I, . , .'- -, f • 1 CI .be suspended. 

said city may, if in the judgment of either of them exi- 
gency requires, suspend and make inoperative any license 
to sell intoxicating liquors during any period of tumult, 
riot or violent disturbance of public order, and any licensee 
who, personally or by his servants or agents, sells, fur- 
nishes or delivers any intoxicating liquors during such sus- 
]>ension shall be punished by a fine of two hundred dollars 
for each offence, and his license shall become forfeited. 

Section 20. All acts and parts of acts inconsistent Repeal, 
herewith are hereby repealed. 

Section 21. This act shall take effect on the first day when to take 
of June in the year nineteen hundred and six. ® ^^*' 

Approved April IJf, 1906. 



260 Acts, 1906. — Chaps. 292, 293, 294. 



Chaj^.^^^ Ax Act to prohibit the use of live duck decoys in the 

TAKING OR KILLING OF BLACK DUCKS IN THE COUNTY OF 
NANTUCKET. 

Be it enacted, etc., as follows: 

duck'decoys Section 1. It sliall be uiilawful to use live duck decoys 

prohibitedf. f^j. ^j-^g faking or killing of black ducks in the county of 

Nantucket. 
Penalty. SECTION 2. Whoever violates any provision of this act 

shall ^be punished by a fine of not less than twenty nor 

more than fifty dollars for each offence. 

Approved April 16, 1906. 

Cha2).293 An Act relative to the identification of criminals. 

Be it enacted, etc., as follows: 

Jf criiSi^r Whenever the officer in charge of a prison, lock-up or 
other place of detention, has received a request from any 
authority, either by circular or otherwise, to assist in the 
apprehension of a fugitive from justice, such officer may 
take an exact description of any person who is committed 
to such prison, lock-up or other place of detention, and 
may include in such descriptions copies of the finger prints 
in accordance with the finger print system of identifica- 
tion. But said officer shall not take a description of a 
person who, he has reason to believe, is not a fugitive from 
]'ustice. Copies of all descriptions so made shall be forth- 
with transmitted to the office of the prison commissioners, 
there to be recorded and kept in the manner provided in 
section two of chapter four hundred and fifty-nine of the 
acts of the year nineteen hundred and five. 

Approved April 21, 1906. 

Chap.'^^^ An Act relative to the furnishing of a new building 

AT SALEM FOR THE COUNTY OF ESSEX, AND TO THE CON- 
STRUCTION OF A HEATING PLANT IN CONNECTION THERE- 
WITH. 

Be it enacted, etc., as follows: 
New building Section 1. The couutv Commissioners of the county of 
Btnictedfor Esscx are hereby authorized to construct, on land now or 
Es^sex^"^*' hereafter acquired by them in the city of Salem, an iso- 
lated building, and to equip the same with a heating plant 
for the purpose of heating the new building authorized to 



Acts, 1906. — Chaps. 295, 296. 261 

he constructed by chapter four hundred and twenty-three 
of the acts of the year nineteen hundred and five, and also 
the county buildings adjacent to the said new building. 
The said building for a heating plant shall be constructed 
and equipped subject to the provisions of said chapter re- 
lating to the construction and equipment of the said new 
building. 

Section 2. For the purpose of furnishing and equip- Furnishing 
ping the said new building authorized to be constructed of uew^buud-^ 
by said chapter four hundred and twenty-three, and also ^"°' 
for construction of the building hereby authorized for the 
heating plant, and for equipping the said building with a 
sufficient heating plant, the said county commissioners are 
hereby authorized to expend the sum of eighty thousand 
dollars : provided, that the same is expended subject to the Proviso, 
j^rovisions of said chapter four hundred and twenty-three. 

Section 3. The said county commissioners may borrow county may 
eighty thousand dollars in addition to the three hundred tiona*uumof 
thousand dollars authorized to be borrowed by section five "^o^^y. 
of said chapter four hundred and twenty-three, upon the 
same terms and conditions and subject to the same provi- 
sions which are specified in said section five. 

Section 4. This act shall take effect upon its passage. 

Approved April 21, 1906. 

An Act to authorize the city of Springfield to pay rij^f^,^ oar: 

SUMS OF money to THE WIDOWS OF CERTAIN FIREMEN. P' 

Be it enacted, etc., as follows: 

Section 1. The city of Springfield is hereby author- city of spring, 
ized to pay sums not exceeding one thousand dollars each clrtaS'sumy 
to the widows of captain Sidney Bowers and call-man of money, etc. 
Francis E. Hines, who lost their lives while in the per- 
formance of their duty at the recent fire which destroyed 
the Highland Baptist church in that city. 

Section 2. This act shall take effect upon its passage. 

Approved April 21, 1906. 

An Act relative to the making of annual returns by (JJinoj 995 
cities and towns to the bureau of statistics of labor. ^ *" 

Be it enacted, etc., as follows: 

Section 1. The auditor or other accounting officer of fece?T'?nd' 
each city and town in this Commonwealth shall annuallv expenses of 

■^ cities and 



262 



Acts, 1906. — Chap. 297. 



towns to be 
furnished. 



Tabulation of 
returns. 



Additional 
clerk, etc. 



furnish to the chief of the bureau of statistics of labor, on 
blanks provided bv him, a return for such city or town 
containing a summarized statement of all revenues and all 
expenses for the last fiscal year of that city or town; a 
detailed statement of all receipts and all disbursements 
of the last fiscal year, arranged upon uniform schedules 
prepared by the chief of the bureau of statistics of labor; 
statements of the income and expense for each public in- 
dustry maintained or operated by such city or town and of 
all the costs therefor, expenditures for construction and for 
maintenance and operation being separately stated ; a state- 
ment of the public debt of said city or to^vn, showing the 
purpose for which each item of the debt was created and 
the provisions made for the payment thereof, and a state- 
ment of all current assets and all current liabilities of 
such city or town at the close of its fiscal year. 

Section 2, The substance of these returns shall be 
compiled and tabulated by the chief of the bureau of 
statistics of labor as a part of the annual report of said 
bureau, which shall be issued at the expense of the Com- 
monwealth in the same manner as other public documents 
issued by said bureau, and said report shall contain such 
suffffestions and recommendations as the chief mav deem 
expedient. 

Section 3. The chief of the bureau of statistics of 
labor may employ an additional clerk to have charge of 
and to compile the aforesaid municipal returns, and he 
shall be paid out of the treasury of the Commonwealth an 
annual salary of two thousand dollars, and shall be allowed 
a sum not exceeding one thousand dollars for travelling 
and other necessary expenses. 

Section 4. This act shall take effect upon its passage. 

Approved April 21, 1906. 



CJicip.297 An Act to authorize the town of west Springfield to 

MAKE A BRIDGE LOAN. 



West Spring- 
field Bridge 
Loan, Act of 
1906. 



Be it enacted, etc., as folloivs: 

Section 1. The town of West Springfield, for the pur- 
pose of paying its share of the cost of building the bridge 
over the Connecticut river between the said town and the 
city of Chicopee, according to the provisions of chapter 
three hundred and ninety-eight of the acts of the year nine- 
teen hundred and four, is hereby authorized to borrow 



Acts, 1906. — Chap. 298. 263 

money to an amount not exceeding twenty-five thousand 
dollars, and to issue notes, bonds or scrip therefor. Such 
notes, bonds or scrip shall be designated on the face thereof. 
West Springfield Bridge Loan, Act of 1906, shall be pay- 
able at the expiration of periods not exceeding thirty years 
from the dates of issue, shall bear interest, payable semi- 
annually, at a rate not exceeding four per cent per annum, 
and shall be signed by the treasurer and countersigned by 
the selectmen of the town. The town may sell such securi- 
ties at public or private sale, or pledge the same for money 
borrowed for the purpose aforesaid, and upon such terms 
and conditions as it may deem proper : provided, that such Proviso. 
securities shall not be sold for less than the par value 
thereof. 

Section 2. Said town shall, at the time of authorizing Annual pay. 
the said loan, provide for the ]3aymeut thereof in such '"^^^^^'^ °''^- 
annual proportionate payments as will extinguish the same 
within the time prescribed in this act; and when a vote to 
that effect has been passed the amount required thereby 
shall, without further vote, be assessed by the assessors of 
the town in each year thereafter, in the same manner in 
which other taxes are assessed under the provisions of sec- 
tion thirty-seven of chapter twelve of the Revised Laws, 
until the debt incurred by the loan shall be extinguished. 
Said town shall also raise annually by taxation a sum 
which will be sufficient to pay the interest as it accrues on 
the bonds, notes or scrip issued under authority of this act. 

Section 3. This act shall take effect upon its passage. 

Approved April 21, 1906. 

An Act to provide for compensation of the commis- Qfidj) 298 

SIGNERS elected TO APPORTION SUFFOLK COUNTY INTO ^ 

districts and for more clearly defining the duties 
OF said commissioners. 

Be it enacted, etc., as follows: 

Section 1. Section three hundred and twenty-four of ^tc^a^^ended 
chapter eleven of the Revised Laws, as amended by sec- 
tion nine of chapter three hundred and eighty-six of the 
acts of the year nineteen hundred and five, is hereby fur- 
ther amended by inserting after the word '' them ", in the 
nineteenth line, the words : — for compensation a sum not 
exceeding five hundred dollars each, said sum to be de- 
termined by the governor and council, and a further sum 



264: Acts, 1906. — Chap. 298. 

commTsioiers of j — SO as to read as follows : — Section 32J^. At the 
districts 'in'^ annual state election in the year nineteen hundred and 
Suffolk county, five, and every tenth year thereafter, nine commissioners 
shall be elected for the county of Suffolk, for the per- 
formance of the duties specified in section four hundred 
and twenty-six. Five of said commissioners shall be resi- 
dents of and voters in the city of Boston and shall be 
elected by the voters of that city; two shall be residents 
of and voters in the city of Chelsea and shall be elected 
by the voters of that city; one shall be a resident of and 
a voter in the town of Winthrop and shall be elected by 
the voters of that town ; and one shall be a resident of and 
a voter in the town of Revere and shall be elected by the 
voters of that town. Said commissioners shall hold office 
for one year from the first Wednesday of January next 
after their election. At their first meeting, they shall or- 
ganize by choosing a chairman, who shall be one of their 
number, and a clerk. The city of Boston shall provide 
them with a suitable office and room for hearings and shall 
allow and pay to them for compensation a sum not exceed- 
ing five hundred dollars each, said sum to be determined 
by the governor and council, and a further sum of not 
more than seven hundred dollars for clerk hire, stationery 
and incidental expenses. 
R-L-ii.§426, Section 2. Section four hundred and twenty-six of 
said chapter eleven is hereby amended by striking out the 
words " within thirty days ", in the second and third lines, 
and inserting in place thereof the words : — on the first 
Tuesday of August next, — by inserting after the word 
" Commonwealth ", in the fifteenth line, the words : — to 
the board of election commissioners of the city of Boston, 
— and by inserting after the word " Boston ", in the fif- 
teenth line, the words : — to the city clerk of the city of 
Boston, to the city clerk of the city of Chelsea, — so as to 
Duties of com- read as follows: — Section Jf.26. The commissioners who 
are elected under the provisions of section three hundred 
and twenty-four shall, on the first Tuesday of August next 
after the secretary of the Commonwealth shall have certi- 
fied to them the number of representatives to which the 
county of Suffolk may be entitled, as determined by the 
general court, assemble in the city of Boston, and, as soon 
as may be, shall so divide said county into representative 
districts of contiguous territory as to apportion the repre- 
sentation of said county, as nearly as may be, according 



missioners. 



Acts, 1906. — Chap. 299. 265 

to the niunber of voters in the several districts. Such dis- 
tricts shall be so formed that no ward of a city and no 
town shall be divided, and no district shall be so formed 
that it shall be entitled to elect more than three representa- 
tives. The districts shall be numbered by the commis- 
sioners, and a description of each district, its number and 
the number of voters therein shall be transmitted to the 
secretary of the Commonwealth, to the board of election 
commissioners of the city of Boston, to the treasurer of the 
city of Boston, to the city clerk of the city of Boston, to the 
city clerk of the city of Chelsea, to the clerk of the town 
of Revere and to the clerk of the town of Winthrop and 
shall be filed and kept in their respective offices. 

Section 3. This act shall take effect upon its passage. 

Approved April 21, 1906. 

An Act to establish a district court in the town of QjinY) 299 

IPSWICH. ^' 

Be it enacted, etc., as follows: 

Section 1. The town of Ipswich shall constitute a Third District 
judicial district, under the jurisdiction of a court to be estabusifd.^^^ 
called the Third District Court of Essex, which shall be 
held in the said town. All the provisions of law appli- 
cable to district courts shall apply to said court. 

Section 2. There shall be one justice and two special fplcJaf ^*^ 
justices of the court. The justice shall receive an annual justices, 
salary of eight hundred dollars, to be paid by the county 
of Essex. 

Section 3. Sittings of the said court for criminal sittings of 
business shall be held at Ipswich daily, except on Sundays 
and on legal holidays. Sittings of the court for civil busi- 
ness shall be held at Ij>swich as required by law, and on 
such other days as may be fixed by rule of court. 

Section 4. The first session of the court shall be held First session, 
on the second day of July in the year nineteen hundred 
and six; but nothing in this act shall affect any suit or 
other proceeding begun prior to said second day of July. 

Section .5. So much of this act as relates to the ap- whentot.ike 
pointing and qualifying of the justices of the court shall ®^®*^*' 
take effect upon its passage, and the remainder of this act 
shall take effect on the second day of July in the year 
nineteen hundred and six. Approved April 21, 1906. 



266 Acts, 1906. — Chaps. 300, 301. 



Chap.300 An Act makixg an appropriation for the payment of 

A JUDGMENT ENTERED IN THE SUPERIOR COURT IN FAVOR 
OF OLIN W. CUTTER AGAINST THE COMMONWEALTH. 

Be it enacted, etc., as follows: 
j^d^menun Section 1. A simi not exceeding tbirtj-foiir Inindred 

w^ciitte?^" seventy-five dollars and forty-one cents is hereby appro- 
priated, to be paid out of the treasury of the Common- 
Avealth from the ordinary revenue, for the pa^Tnent of a 
judgment entered in the superior court against tbe Com- 
monwealth in favor of Olin W. Cutter, being the full 
amount of his claim, legal costs and interest. 

Section 2. This act shall take effect upon its passage. 

Approved April 23, 1906. 



ChajJ.SOl 



An Act relative to ducks and teal. 

Be it enacted, etc., as follows: 

SfSgoKck Section 1. It shall be unlawful to kill a black duck, 
ducks, etc. scientifically known as A^ias ohscura, or a teal, between 
the first day of March and the first day of September fol- 
lowing, or any sj^ecies of wild duck, not otherwise pro- 
tected by law^, between the twentieth day of May and the 
first day of September, or to buy, sell or have in posses- 
sion a black duck or teal, between the first day of March 
and the first day of September, or any of the wild duck 
species during the time within which the taking or kill- 
ing thereof is prohibited, whenever or wherever such birds 
Provisos. may have been taken or killed : provided, however, that 
any person, firm or cor}X)ration holding a permit from the 
commissioners on fisheries and game may buy, sell or have 
in possession, any species of duck for purposes of propa- 
gation; and provided, further, that a person, firm or cor- 
poration dealing in game or engaged in the cold storage 
business may have in possession for storage any si^ecies of 
duck between the first day of March and the first day 
of September following, if such birds were not taken or 
killed in this Commonwealth contrary to the provisions 
of this chapter, or were not taken, killed, or transported 
contrary to the law of the state or country in which such 
birds w^ere taken or killed, and provided, that such per- 
sons, firms or corporations shall have notified in writing 
the commissioners on fisheries and game on or before 



Acts, 1906. — Chap. 302. 267 

March first of the species, number of each species, and 
place of storage of such birds, and that such birds are in 
places and packages convenient for sealing. The commis- Receptacles, 
sioners or their deputies shall then place a seal upon all sealed, 
receptacles and packages containing any species of wild 
duck. The said seal shall not be removed by any person Penalty for 
other than the commissioners on fisheries and game, or seal, etc. 
their deputies, under a penalty of twenty dollars for each 
bird, and shall be removed by the said commissioners or 
their deputies upon the first day of September of each 
year. The packages or contents thereof so sealed shall 
not be removed from that storage warehouse under a pen- 
alty of twenty dollars for each bird. 

Section 2. Section four of chapter ninety-two of the Repeal. 
Revised Laws is hereby repealed. 

Section 3. Whoever violates any provision of this act ^i^^H^Jot 
shall be punished by a fine of twenty dollars for each i^^^- 
bird or part thereof, in respect to which the violation oc- 
curs. 

Section 4. This act shall take effect on the first day of ^^^^'''^''^ 
January in the year nineteen hundred and seven. 

Approved April 23, 1906. 



An Act to authorize the removal to hospitals of pris- (JJidj) 302 

ONERS REQUIRING MEDICAL TREATMENT. "' 

Be it enacted, etc., as follows: 

Section 1. Whenever the physician of any prison cer- Removal of 
tifies that a person held therein for trial or sentence, except Feqiiirfng 
for a capital crime, requires medical treatment that can- Sent?'^^ ''^^'^'^' 
not safely or properly be given in such prison, the prison 
commissioners may temporarily place such j^erson in a 
hospital. 

Section 2. Whenever it appears that a female under certain female 
sentence in any prison is about to give birth to a child dur- p^removed to 
ing her term of imprisonment, the physician of the prison 
where she is held shall send to the prison commissioners a 
certificate of her condition ; and said commissioners shall 
thereupon order her removal to a hospital. A prisoner so 
removed shall be kept in such hospital until the physician 
thereof shall certify to said commissioners that she may 
safely be removed, whereupon the commissioners shall issue 
an order for her return to prison. 



hospitals. 



268 Acts, 1906. — Chap. 303. 

^rilo^^e^s'* Section 3. Any prisoner placed in a hospital in ac- 

cordance with this act shall, during his absence from 
prison, be considered as in the custody of the officer having 
charge thereof ; and the time of confinement in said hos- 
pital shall be considered a part of the term of sentence. 

Expenses. Section 4. All cxpcnscs attending the removal of a 

prisoner under the terms of this act shall be paid out of the 
appropriation for the support of the prison from which 
the prisoner is removed. 

Section 5. This act shall take effect upon its passage. 

Approved April 23, 1906. 



C7iap.30S ^^ ^CT relative to quail. 

Be it enacted, etc., as follows: 

te^Jf'quS Section 1. It shall be unlawful to take or kill a quail 
between the first day of December and the first day of 
ISTovember, or to have in possession for the purpose of sale, 
or to buy, sell, offer for sale or other^\^se dispose of at 
any time a quail, or any part thereof, killed in this Com- 
monwealth. But a person, firm or corporation dealing in 
game, or engaged in the cold storage business, may buy, 
sell, or have in possession, and a person may buy from such 
person, firm or corporation, and have in possession if so 
bought, quail from the first day of ]!Tovember to the first 
day of January following, if such quail or parts thereof 
were not taken in this Commonwealth, or were not taken, 
killed, bought, sold or otherwise disposed of or trans- 
ported contrary to the laws of any state or country. 
And a person, firm or corporation dealing in game or en- 
gaged in the cold storage business may have quail in 
possession in cold storage for storage purposes, at any 
season, if such quail were not taken or killed in this Com- 
monwealth, and were not taken, killed, bought, sold or 
otherwise procured or disposed of, or transported contrary 
to the laws of the state or country in which the quail were 

Proviso, taken, killed or transported: provided, however, that such 

persons, firms or corporations shall have notified in writ- 
ing the commissioners on fisheries and game on or before 
January first in each year of the species,- number of each 
species, and place of storage of such birds, and that such 
birds are in places and packages convenient for sealing. 
The commissioners or their deputies shall then place a 



Acts, 1906. — Chap. 304. 269 

seal ui3on all receptacles and packages containing any seaUngof 
species of quail. The said seal shall not be removed by etc. 
any person other than the commissioners on fisheries and 
game, or their deputies, and shall be removed by the said 
commissioners or their deputies upon the first day of 
JSTovember of each year. The packages so sealed shall not 
be removed from that storage warehouse under a penalty 
of twenty dollars for each bird ; provided, hoivever, that Proviso. 
any person, firm or corporation holding a permit from the 
commissioners on fisheries and game may buy, sell, or have 
in possession live quail for purposes of propagation within 
the Commonwealth, and for no other purpose. 

Section 2. Section three of chapter ninety-two of the Repeal. 
Revised Laws, as amended by chapter four hundred and 
six of the acts of the year nineteen hundred and five, is 
hereby repealed. 

Section 3. Whoever violates any provision of this act Penalty, 
shall be punished by a fine of twenty dollars for each bird 
or part thereof, in respect to which the violation occurs. 
The possession, except as provided above, of quail during 
the season when taking, killing, or sale is prohibited by 
law shall be prima facie evidence that the person having 
possession has violated some provision of this act. 

Section 4. This act shall take effect on the first day when to take 
of January in the year nineteen hundred and seven. 

Approved April 23, 1906. 

An Act to prohibit the sale of pkairie chickens. (Jliar) 304 
Be it exacted, etc., as follows: 

Section 1. It shall be unlawful to buy, sell, or other- saie of prairie 

T J? J- 1 • • • • 1 • 1 chickens 

Wise dispose oi, or to have m possession, a prairie chicken, prohibited, 
scientifically known as Tympanuchus Americanus, and as 
Pedioecetes pliasianellus, or any part thereof, whenever or 
wherever taken. 

Section 2. Whoever violates any provision of this act Penalty, 
shall be punished by a fine of tAventy dollars for each bird 
or part thereof, in respect to which the violation occurs, 
and possession shall be prima facie evidence that the per- 
son having possession has violated the provisions of this 
act. 

Section 3. This act shall take effect on the first day of gggc" '^ ^''^''^ 
January in the year nineteen hundred and seven. 

Approved April 23. 1906. 



270 



Acts, 1906. — Chaps. 305, 306. 



R. L. 75, § 24, 
etc., amended. 



Penalty for 
falsely stamp- 
ing cans, etc. 



Cha2).S05 Ax Act to fix the penalty for the sale of adulterated 

FOODS AND DRUGS. 

Be it enacted, etc., as follows: 

Section 1, Section twenty-foiir of chapter seventy-five 
of the Revised Laws, as amended by chapter two hundred 
and thirty-six of the acts of the year nineteen hundred and 
five, is hereby further amended by striking out the word 
'" one ", in the eighth line, and inserting in place thereof 
the word : — five, — so as to read as follows : — Section 
2Jf. Whoever falsely stamps or labels any cans, jars or 
other packages containing fruit or food of any kind, or 
knowingly permits such stamping or labelling, or, except 
as hereinafter provided, violates any of the provisions of 
sections sixteen to twenty-seven, inclusive, shall be pun- 
ished by a fine of not less than twenty-five nor more than 
five hundred dollars; and whoever sells such goods so 
falsely stamped or labelled shall be punished by a fine of 
not less than ten nor more than one hundred dollars. 

Section 2. This act shall take effect upon its passage. 

Approved April 23, 1906. 



Chap.dOQ An Act to provide for publicity as to the employment 

OF CITY employees SUBJECT TO THE CIVIL SERVICE LAWS 
AND REGULATIONS. 



OflScers or 
board employ- 
ing persons in 
positions 
where civil 
service rules 
apply to make 
report, etc. 



Report to be 
open to 
inspection, etc. 



Be it enacted, etc., as follows: 

Section 1. The officer or board having power in any 
city to appoint or employ persons in any dej^artment of 
such city to which the provisions of the civil service laws 
and of the civil service rules established thereunder are 
applicable shall, within seven days after the receipt of a 
written request therefor made by the board of civil service 
commissioners, make, and file with the auditor or officer 
or officers whose duty it is to audit the accounts of such 
appointing or employing officer or board, a report contain- 
ing the names of all persons who have been appointed or 
employed by such appointing or employing officer or board 
or who have received pay or rendered bills for services or 
labor rendered or performed during the calendar month 
next preceding the date of the filing of such petition. Said 
report shall be made under oath, shall be open to public 
inspection in the office of the auditor or auditing officer and 



Acts, 1906. — Chap. 307. 271 

shall contain the following information : — First, name of 
person appointed or employed, or rendering bill for ser- 
vices or labor; second, nature and brief description of the 
services or labor Avhich such person has actually rendered ~ 
or performed during said month; third, title of the office 
or employment of such person as stated in the payrolls of 
the department ; fourth, the regular salary or wages of the 
appointee or employee ; fifth, all other payments of any 
kind made to the appointee or employee during said month : 
provided, however, that such appointing or employing offi- proviso. 
cer or board shall not be required to file more than one 
such report in any calendar month. 

Section 2. The supreme iudicial court by mandamus Authority of 

• • • • court etc 

or other appropriate remedy in law or in equity, upon suit 
or petition of the board of civil service commissioners, may 
compel any such appointing or employing ofiicer or board 
in any city, upon failure to make and file such report, to 
comply with the provisions of this act. 

Section 3. Every appointing or employing ofiicer, or Penalty, 
in the case of a board every member thereof, who wilfully 
refuses or who neglects to comply with the provisions of 
this act shall be punished by a fine of not less than twenty- 
five nor more than one hundred dollars for each offence. 

Approved April 23, 1906. 

An Act making APPrxOPRiATiONs for sundry miscellane- QJiav.SOl 

OUS EXPENSES AUTHORIZED DURING THE PRESENT YEAR, AND 
FOR CERTAIN OTHER EXPENSES AUTHORIZED BY LAW. 

Be it enacted, etc., as folloivs: 

Section 1. The sums hereinafter mentioned are ap- Appropria- 
propriated, to be paid out of the treasury of the Com- 
monwealth from the ordinary revenue, for the purposes 
specified, to wit : — 

For the expenses of the board of commissioners for the commis- 
promotion of uniformity of legislation in the United p°<fmotionof 
States, as authorized by chapter four hundred and fifteen i^fs*iatton. ^* 
of the acts of the year nineteen hundred and four, a sum 
not exceeding eight hundred and ninety dollars, being a 
reappropriation, the same having reverted to the treasury 
in accordance with section thirty-one of chapter six of the 
Revised Law^s. 

For dredging the easterly shore of the Dorchester dis- Dred^ngthe 
trict of the city of Boston, as authorized by chapter four of Dorchester 

"^ ' ./ r district. 



272 



Acts, 1906. — Chap. 307. 



Executive 
messenger. 



Clerical 
assistance to 
house of repre- 
sentatives. 



Committee on 
railroad and 
street railway 
laws. 



Gypsy and 
brown tail 
moths, i-eport. 



Committee to 
recodify insur- 
ance laws, 
compensation. 



Certain reli- 
gious societies 
in Sudburv. 



Records of 
revolutionary 
soldiers and" 
sailors. 



hundred and fifty-three of the acts of the year nineteen 
hundred and five, a sum not exceeding five thousand dol- 
lars, the same to be in addition to any amount heretofore 
appropriated for the same purpose. 

For the salary of the executive messenger of the gov- 
ernor and council, as authorized by chapter one hundred 
and nine of the acts of the present year, the sum of one 
hundred eighty-three dollars and thirty-three cents, the 
same to be in addition to the nine hundred sixteen dollars 
and sixty-six cents appropriated by chapter three of the 
acts of the present year. 

For clerical assistance in the office of the clerk of the 
house of representatives, as authorized by chapter one hun- 
dred and twenty-six of the acts of the present year, a sum 
not exceeding five hundred dollars, the same to be in addi- 
tion to the two thousand dollars appropriated by chapter 
one of tlie acts of the present year. 

For printing the report of the joint special committee 
on railroad and street railway laws, as authorized by chap- 
ter seven of the resolves of the present year, a sum not 
exceeding seven hundred and fifty dollars. 

For printing the report of the superintendent for sup- 
pressing the gypsy and brown tail moths, as authorized 
by chapter ten of the resolves of the present year, a sum 
not exceeding five hundred dollars. 

For compensation and expenses of the commission ap- 
pointed to recodify the insurance laws of the Common- 
wealth, as authorized by chapter eleven of the resolves of 
the present year, a sum not exceeding seven thousand dol- 
lars. 

For the first parish in Sudbury, the sum of one hundred 
and fifty dollars ; the Methodist Episcopal Church in Sud- 
bury, the sum of one hundred and fifty dollars; and the 
Memorial Congregational Church in South Sudbury, the 
sum of one himdred and fifty dollars, said sums being pro- 
vided for in chapter thirteen of the resolves of the present 
year ; the said churches being designated in said resolve as 
tlie Unitarian Society and the Methodist Society both in 
the centre of Sudbury, and the Orthodox Society of South 
Sudbury. 

For compiling, indexing and publishing the records of 
Massachusetts soldiers and sailors who served in the revo- 
lutionary war, as authorized by chapter fifteen of the re- 
solves of the present year, a sum not exceeding three 



Acts, 1906. — Chap. 307. 273 

thousand dollars, the same to be in addition to any amonnt 
heretofore appropriated for the same purpose. 

For the maintenance and repair of certain apparatus Apparatus in 
used in the boiler inspection department of the district tiondepart- 
police, as authorized by chapter seventeen of the resolves ™*^° * 
of the present year, a sum not exceeding two hundred and 
fifty dollars. 

For the publication of the opinions of the attorney- opinions of 

1.11 1 .1 j-j.! 1 the attorney- 

general, as authorized by chapter eighteen ot the resolves general. 

of the present year, a sum not exceeding twenty-five hun- 
dred dollars. 

For the publication of the rules of the superior court, fj^l^^j^* 'p^^urt 
as authorized by chapter nineteen of the resolves of the 
present year, a sum not exceeding two thousand dollars. 

For Thomas J. Eee'an, as authorized by chapter twenty Thomas j. 
of the resolves of the present year, the sum of ninety dol- 
lars. 

For the Massachusetts Charitable Eye and Ear Infirm- Massachusetts 
ary, as authorized by chapter twenty-one of the resolves Eye and Ear 
of the present year, the sum of thirty thousand dollars. infirmary. 

For Augustus P. Calder, junior, as authorized by chap- Augustus p. 
ter tw^enty-two of the resolves of the present year, the sum ^^^^®''' Jumor. 
of one hundred dollars. 

For the support of the state normal school at Hyannis, Normal school 
a sum not exceeding two hundred dollars, the same to be ^^ janms. 
in addition to any amount heretofore appropriated for the 
same purpose. 

For new furniture and fixtures for the state house, a Furniture and 
sum not exceeding two thousand dollars, the same to be state house. 
in addition to the thirty-six hundred sixty-six dollars and 
sixty-six cents appropriated by chapter eighty-two of the 
acts of the present year. 

For the Massachusetts State Firemen's Association, as Massachusetts 
authorized by chapter one hundred and seventy-one of the men's Associa- 
acts of the present year, the sum of ''three thousand dollars, "^°- 
the same to be in addition to the twelve thousand dollars 
appropriated by chapter nine of the acts of the present year. 

For Henry T. Mangan, as authorized by chapter twenty- Henry t. 
three of the resolves of the present year, the sum of one ^^^"^^an. 
hundred dollars. 

To provide for the expenses of a rifie team to partici- ^^^^^J^*'^ 
pate in competitions for national and other trophies, as 
authorized by chapter twenty-eight of the resolves of the 
present year, a sum not exceeding three thousand dollars. 



274 



Acts, 1906. — Chap. 307. 



Albert E. 
Keen. 



Portrait of 

Abraham 

Lincoln. 



Survey of 
West Fal- 
mouth harbor. 



Edward G. 
Chamberlain. 



Free public 
libraries, etc. 



OlBcers and 
employees of 
state l)oard of 
insauitv. 



Convention of 
bureaus of 
statistics of 
labor. 



Aid for hich 
schools in 
small towns. 



For Albert E. Keen, as authorized hj chapter twenty- 
nine of the resolves of the present year, the sum of one 
hundred and twenty-five dollars. 

For placing in the state house a portrait of Abraham 
Lincoln, as authorized by chapter thirty of the resolves of 
the present year, a sum not exceeding twenty-one hundred 
dollars. 

To provide for a survey by the board of harbor and land 
commissioners of the harbor of West Falmouth in the 
town of Falmouth, as authorized by chapter thirty-one of 
the resolves of the present year, a sum not exceeding five 
hundred dollars. 

For compensating Edward G. Chamberlain for surveys 
in connection with the topographical survey and map of 
Massachusetts, as authorized by chapter thirty-four of the 
resolves of the present year, the sum of eight hundred and 
forty-nine dollars. 

For aid to free public libraries in small towns, as au- 
thorized by chapter one hundred and eighty-three of the 
acts of the present year, a sum not exceeding two thou- 
sand dollars. 

For the salaries of officers and employees of the state 
board of insanity, a sum not exceeding two thousand dol- 
lars, this amount being necessary to carry out the provi- 
sions of chapter one hundred and eighty-four of the acts 
of the present year, relative to the annual report of the 
state board of insanity, the same to be in addition to any 
amount heretofore appropriated for the same pur}X)se. 

For expenses in connection with the association of offi- 
cials of bureaus of labor statistics of America, who will 
hold their twenty-second annual convention in the city of 
Boston in the year nineteen hundred and six, a sum not 
exceeding five hundred dollars, the chief of tlie bureau of 
statistics being authorized by chapter one hundred of the 
resolves of the year nineteen hundred and five to invite 
said officials to meet in Boston. 

For state aid for high schools in small towns, as author- 
ized by chapter two hundred of the acts of the present 
year, a ,sum not exceeding seventy-two hundred dollars, the 
same to be in addition to any amount heretofore appropri- 
ated for the same purpose. 

Section 2. This act shall take effect upon its passage. 

Approved April 23, 1906. 



Acts, 1906. — Chap. 308. 275 

An Act to authorize the town of Plymouth to acquire QJi^r) 308 

THE BARNES MILL POND AND ADJACENT LAND AND BUILD- ^ ' 

INGS. 

Be it enacted, etc., as follows: 

Section 1. The town of Plymouth may take by piir- Tow-nof 
chase or otherwise and hold the mill privilege commonly take" certa?n^ 
known as Barnes mill on Water street in said town, to- etc.^ pi'i^iiege, 
gether w^ith the land and buildings connected therewith 
and any and all lands now^ or formerly flowed by said 
privilege, and any rights of flowage belonging thereto. 

Section 2. The town shall, within sixty days after tak- J^SSuf 
ing hereunder any land, pond, mill privilege, stream, or beflied. 
right or privilege therein, file in the office of the registry 
of deeds for the county of Plymouth a description of the 
land or property so taken, as certain as is required in a 
common conveyance of lands, with a statement that the 
same is taken pursuant to the provisions of this act, which 
description and statement shall be signed by the selectmen 
of the towm; and the title to all lands, ponds, mill privi- 
leges, streams, or rights or privileges therein so taken shall 
vest in the to^vn of Plymouth in fee simple. 

Section 3. If any person whose land or other property Damages. 
is taken or damaged by any act done by said town in pur- 
suance hereof shall agree with said town upon the damage 
done to him by such taking or act the amount so agreed 
upon shall be paid to him by said town forthwith. If the 
parties do not so agree, then the claim shall be determined 
and recovered in the manner now provided by law in the 
case of land taken for the laying out of highways, ex- 
cept as otherwise provided herein. In determining the 
damages sustained by any such person the benefit, if any, 
to the property of such person by reason of any act of said 
town done in pursuance of the provisions of this act prior 
to the hearing on the merits of the petition, shall be set 
off against such damage. 

Section 4. After acquiring said projDcrty said town Taking may be 
may improve the same in such manner as it may think ""1"°^'^ 
proper in order to abate the nuisance caused by said privi- 
lege and the lands flowed by said privilege. 

Section 5. Said town may exercise any power granted ^^^®'^^*'^ 
by this act in regard to acquiring said property and im- 
proving the same by its selectmen, but no act shall be done 



276 



Acts, 1906. — Chaps. 309, 310. 



Commitment, 
etc., of feeble- 
minded per- 



by the selectmen involving the expenditure of money nntil 
an appropriation has been made therefor by the town. 
When to take SECTION 6. This act shall take effect upon its accept- 
ance by a two thirds vote of the voters of said to^vn present 
and voting thereon at a town meeting duly called for the 
purpose within three years after its passage. 

Approved April 23, 1906. 

Chap.SOd An Act relative to inmates of the Massachusetts school 

FOR THE FEEBLE-MINDED AND THE DEPARTMENTS THEREOF. 

Be it enacted^ etc., as follows: 

Section 1. Any feeble-minded person now or hereafter 
an inmate of the Massachusetts School for the Feeble- 
Minded, or of any department thereof, whether by com- 
mittal or otherwise, who shall have reached the limit of 
school age, or who, in the judgment of the trustees, is in- 
capable of being further benefited by school instruction, 
or any such person who may have been or may be trans- 
ferred from one department of said school to another under 
the provisions of section one hundred and sixteen of chap- 
ter eighty-seven of the Revised Laws, if, in the judgment 
of the trustees and of the state board of insanity, the 
question of his or her commitment to or continuance in 
said school or any department thereof is a proper subject 
for judicial inquiry, may be brought before the judge of 
probate for the county of Middlesex, who shall thereupon 
determine whether or not such person is feeble-minded 
and shall duly commit such person to either department 
of said school, in the manner now provided by law, or shall 
direct his or her discharge, or shall make such other dis- 
position of the case under the laws relating to insane per- 
sons as he may deem proper. 

Section 2. This act shall not be construed to impair 
the power given to said trustees by section one hundred 
and sixteen of chapter eighty-seven of the Revised Laws 
to discharge any inmate of said school or of any depart- 
ment thereof. Approved April 23, 1906. 

Chap.310 An Act relative to conveyances of land to the trustees 

OF THE soldiers' HOME IN MASSACHUSETTS. 

Be it enacted, etc., as follows: 
City of Chelsea SECTION 1. The citv of Chelsea, bv the mavor thereof, 

may convey tiii j_ J_^ 'rrt ^ i? 

certain land to may, by proper deed or deeds, convey to the Irustees oi 



Certain powers 
of trustees not 
impaired. 



Acts, 1906. — Chap. 311. 277 

the Soldiers' Home in Massachusetts, a corporation organ- the Trustees 
ized under the laws of this Commonwealth, all the right, Home, 
title and interest of said city in such lands in Chelsea 
lying within one thousand feet of any part of the main 
building of said corix)ration as the board of aldermen of 
said city shall approve of being so conveyed, including 
lands used for street, park, or other public purposes. Land 
so conveyed shall cease to be used for a public purjx>se 
other than such as said corporation shall determine. 
Section 2. This act shall take effect upon its passage. 

Approved April 23, 1906. 

An Act relative to the location of polling places in (JJiavJi^W 

THE city of boston. ^'' 

Be it enacted, etc., as follows: 

Section 1. Section one hundred and eighty-six of chap- r. l. n, § ise, 
ter eleven of the Revised Laws is hereby amended by in- ^™^^ ^ 
serting after the word " precincts ", in the second line, 
the words : — and in Boston the election commissioners, — 
by inserting after the word " therefor ", in the sixth line, 
the following sentence : — In a city or to^vn which has 
provided voting booths such booths may be placed in the 
highways of such city or toAvn, provided said highways 
are left reasonably safe and convenient for public travel, 
— and by inserting after the Avord " aldermen ", in the 
twelfth line, the words : — and in Boston the election com- 
missioners, — so as to read as follows: — Section i 56. PoUmg places 
The aldermen in cities and the selectmen of every town designation, 
divided into voting precincts, and in Boston the election etc.''^*^^ ^*^°' 
commissioners, shall, thirty days at least before the annual 
state or city election and ten days at least before any 
special election of a state or city officer therein, designate 
the polling place for each voting precinct and shall cause 
it to be suitably fitted up and prepared therefor. In a 
city or town which has provided voting booths such booths 
may be placed in the highways of such city or io\Yn, pro- 
vided said hiffhwavs are left reasonablv safe and conven- 
lent for public travel. It shall be in a public, orderly and 
convenient portion of the precinct ; but if no such polling 
place can be had within the precinct, they may designate 
a polling place in an adjoining precinct. ISTo building or 
portion of a building shall be designated or used as a poll- 
ing place in which intoxicating liquor has been sold within 



278 Acts, 1906. — Chaps. 312, 313, 3H. 

the thirty days preceding the day of the election. Wlien 
the polling places have been designated, the aldermen, and 
in Boston the election commissioners, shall, in at least ten 
public places in each precinct of the city, and selectmen, 
in at least three public places in each precinct of the town, 
forthwith post a printed description of the polling places 
designated, and may give further notice thereof. 

Section 2. This act shall take effect upon its passage. 

Approved April 23, 1906. 

CJiap.312 An Act to authorize the Worcester art museum to hold 

ADDITIONAL REAL AND PERSONAL ESTATE. 

Be it enacted, etc., as follows: 
Worcester Art The Worcester Art Museum is hereby authorized to 

Museum may *^ 

hold additional hold real and personal estate to an amount not exceeding 

X*£iXl GSt^itS 

five million dollars, which property, and the income de- 
rived from it, shall be devoted to the purposes set forth in 
its charter or agreement of association. 

Approved April 23, 1906. 

Chap.313 An Act to change the name of the Northampton in- 
sane HOSPITAL TO NORTHAMPTON STATE HOSPITAL. 

Be it enacted, etc., as follows: 
change^of Sii>CTiON 1. The name of the Northampton insane hos- 

name of the .t-iii i-\-^i ci tt • i 

Nortiiampton pital IS hereby changed to JNorthampton otate Hospital. 

insine lios- */ o a ^ .i 

pit^ii " Sectiost 2. This act shall take effect upon its passage. 

Approved April 23, 1906. 

Chap.dl4: An Act relative to the taking and sale of trout, land 

LOCKED SALMON AND LAKE TROUT. 

Be it enacted, etc., as follows: 

n.i..9i,je2. Section 1. Section sixty-two of chapter ninety-one of 
the Revised Laws is hereby amended by striking out the 
word " September ", in the second line, and inserting in 
place thereof the word : — August, — by striking out the 
words " first day of April, or, in the counties of Berkshire, 
Franklin, Ilampdcn and Hampshire l)etween the first day 
of August and the first day of April ", in the second, third 
and fourth lines, and inserting in place thereof the words : 
— fifteenth day of April, — so as to read as follows : — 
Section 62. AVlioever takes a trout, land locked salmon or 



amended 



Acts, 1906. — Chap. 315. 279 

lake trout between the first day of August and the fifteenth ^^^^g^rout, 
day of April shall forfeit not less than ten nor more than etc. 
twenty-five dollars for each offence. Whoever buys such 
fish taken between said dates in this Commonwealth or 
takes such fish with a net or salmon pot at any season of 
the year shall forfeit not less than five nor more than 
twenty dollars for each fish so taken. 

Section 2. Section sixty-three of said chapter ninety- R. l. 91, § 63, 
one, as amended by chapter one hundred and thirty-seven 
of the acts of the year nineteen hundred and two, is hereby 
further amended by striking out the word " September ", 
in the fifth line, and inserting in place thereof the word: 
— August, — by striking out the words " first day of 
April '', in the same line, and inserting in place thereof 
the words : — fifteenth day of April, — and by striking 
out the words "or in the counties of Berkshire, Franklin, 
Hampden and Hampshire, between the fifteenth day of 
July and the fifteenth day of April ", in the fifth, sixth, 
seventh and eighth lines, so as to read as follows : — Sec- cioee season 
Hon 63. Whoever, except as provided in section sixty-six, o^" ^' out, etc. 
sells or offers or exposes for sale, or has in his possession, 
a trout, land locked salmon or lake trout, except alive, 
between the first day of August and the fifteenth day of 
April, shall forfeit not less than ten nor more than twenty- 
five dollars for each offence ; and the possession of any 
such fish between said dates shall be j)rima facie evidence 
to convict. 

Section 3. JSTothina; herein contained shall be construed Certain prp- 

. T 1 • • f 1 Visions of law 

as affecting or repealmg the provisions of chapter two hun- to remain in 

dred and five of the acts of the year nineteen hundred and 

three. 

Section 4. This act shall take effect on the thirty- when to take 
first day of March in the year nineteen hundred and seven. ^ 

Approved April 2Jf, 1906. 

An Act relative to the exemption from taxation of ni^nr^ 31 5 

VETERANS OF THE CIVIL WAR AND THEIR WIDOWS. ^' 

Be it enacted, etc., as follows: 

Section 1. Soldiers and sailors who served in the mill- ^rom taxation 
tarv or naval service of the United States in the war of the of certain vet- 

- CFtins or tiiG 

rebellion, and who were honorably discharged therefrom, civiiwar, etc. 
shall, at their request, be exempt from the assessment of a 
poll tax, and the property of soldiers and sailors who served 



280 



Acts, 1906. — Chaps. 316, 317. 



Provisos. 



Exemption of 
widows. 



as aforesaid and were honorably discharged as aforesaid, 
but who would not be entitled to exemption under the thir- 
teenth clause of section five of chapter twelve of the Re- 
vised Laws, and the property of the wives or widows of 
such soldiers or sailors, shall be exempted from taxation 
to the amount of one thousand dollars in the case of each 
person : provided, that the whole estate, real and personal, 
of the person so exempted does not exceed in value the sum 
of five thousand dollars; and provided, further, that only 
one thousand dollars shall be exempted to any one family, 
and that the combined property of the family does not ex- 
ceed five thousand dollars. 

Section 2. The widows of soldiers and sailors who 
served as aforesaid and who lost their lives in the war of 
the rebellion shall be entitled to such exemption from tax- 
ation as is specified in the thirteenth clause of section five 
of chapter twelve of the Revised Laws. 

Section 3. This act shall take effect upon its passage. 

Approved April 2 J/., 1906. 



Cliap.^XQ An Act to authorize the reception of voluntary pa- 
tients AT THE FOXBOROUGH STATE HOSPITAL. 

Be it enacted, etc., as follows: 
etc^fmJv'be"' Section 1. Any male person who is a dipsomaniac or 
FoxborouRh'^*' inebriate and who is desirous of submitting himself to 
state hospital treatment in the Foxborough state hospital and makes writ- 
ten application therefor, may be received by the trustees 
of said hospital and detained therein as a boarder and pa- 
tient. Such person, however, after giving notice in writ- 
ing of his intention or desire to leave the institution shall 
not be detained for more than three days. 

Section 2. This act shall take effect upon its passage. 

Approved April 25, 1906. 



on application. 



Chap.Sll An Act to authorize the city of springfield to increase 

its water supply. 



City of Spring- 
field may take 
certain waters 
for increasing 
its water 
supply. 



Be it enacted, etc., as follows: 

Section 1. The city of Springfield, acting by its board 
of water commissioners, when said board shall thereto be 
authorized by the city council, for the purpose of increas- 
ing its water supply, may take, hold, store and convey to. 



Acts, 1906. — Chap. 317. 281 



into and throiigli its system of water works the waters, or 
such part thereof as may from time to time be necessary 
for said purpose, of the Westfield Little river and its tribu- 
taries, the place of diversion of the waters to be on said 
Westfield Little river not less than four hundred feet above 
mean sea level ; and may use the waters so taken, in con- 
nection with and through the medium of its present system 
of water works or otherwise, for any and all purposes for 
which said city is or may be authorized to use water ; and 
may take and hold, by purchase or otherwise, any lands, 
rights of way, easements or other rights of property which 
said board may deem necessary for any of the purposes of 
this act, and for conveying the same to any part of said 
city and to any place which is or, under authority of law, 
may be supplied with water by said city, or for carrying 
out any of the jwwers and duties conferred by this act. 

Section 2. The city shall construct and maintain a To construct 
suitable filter or filters, and may construct and maintain mtersretc?^" 
on lands so taken or purchased dams, reservoirs, buildings 
and other works or structures which said board may deem 
necessary for the taking, storing, filtering, conveying, con- 
trolling, measuring and distributing said waters, or for any 
other purpose of this act, and may construct, lay down and 
carry such canals, tunnels, pipes, telephone wires or other 
works under, through or over any lands, rivers or other 
water courses, railroads, street railways and public or pri- 
vate ways, and over or upon any public bridges now ex- 
isting or hereafter built, as may be necessary or convenient 
for such purposes, and may contract with the public au- 
thorities owning or controlling any public bridge or bridges 
hereafter built for adaptation thereof to the use herein 
provided, on such terms as may be agreed upon; and for 
the purposes of this act may oj^en or dig up any public or 
private ways in said city, or in any town in which any 
portion of said work is located, under the direction of the 
selectmen thereof, or, in the case of state highways, under 
the direction of the highway commission, in such manner 
as to cause no unreasonable hindrance to public travel, and 
shall hold such town harmless from all liability to damages 
from any cause resulting from such acts of said city. 

Section 3. If said city shall so construct any reservoir Raising of 
* under authority of this act as to flow an existing public Uc ways in 
way, it shall raise the same to such grade as will leave it ^^ "i cases, 
reasonably safe and convenient for travel, or shall build in 



282 Acts, 1906. — Chap. 317. 

place of any part of such way so flowed such other reason- 
able and suitable way, which shall thereafter be a public 
way, with all necessary fences and culverts, as and in such 
manner as shall be mutually agreed upon between its board 
of water commissioners and the selectmen of the town, or 
if they cannot agree thereon, then as and in such manner 
as shall be determined by the coimty commissioners of the 
county of Hampden, ujxin application of either party to 
them, and said county commissioners are hereby authorized 
and directed to adjudicate upon the same. 
ulxm^iMud's of Section 4, Said board of water commissioners may 
others, etc. enter upon and use the lands of others, and shall use such 
lands in a reasonable manner, with regard to the interests 
of the owners thereof, and, so far as practicable, shall heed 
all reasonable requests made by such owners ; and in gen- 
eral may do any other act or thing necessary or proper for 
carrying out the powers and duties conferred upon it by 
this act. 
TpprovedTjy Section 5. Before beginning the construction of any 

of 'h^i'ith '^'^'^'^'^ works for storing, filtering or conveying water from West- 
field Little river to the city of Springfield, or making 
changes in works which may have previously been con- 
structed, the said city shall from time to time submit its 
proposed plans tx3 the state board of health for its approval, 
and the said city shall construct the works in general ac- 
cordance with the plans so approved. 
S^^-S'^'cfc Section 6. Within ninety days after taking any waters 

taken to^jc or Avater rights, lands, rights of way, easements or prop- 
erty for any of the purposes of this act said city shall file 
and cause to be recorded in the registry of deeds for the 
county in which the same are situated a description thereof, 
signed by the board of water commissioners, which in the 
case of land taken shall be as certain as is required in a 
common conveyance of land, stating that the same are taken 
for the purposes of this act, and shall file with such state- 
ment a map or plan, drawn to scale, of the lands taken and 
described in such statement; and after such taking of any 
property tlie board shall notify the owner or owners thereof, 
if knoA\Ti to them, and on written request of any such owner 
or owners to the board, within one year after such taking, 
shall within thirty days after the receipt of such request 
furnish said owner or owners with a reasonably accurate 
plan or description in writing of the land or other property 
so taken. 



Acts, 1906. — Chat. 317. 283 

Section 7. The said city shall pay all legal damages Damages, 
suffered by any person in his property by the taking of 
any property as herein provided, or by any other act oc- 
casioning legal damage done by it under the authority 
hereof; but no damages shall be recoverable for the taking 
of any water until such water is actually diverted. All 
such damages shall be ascertained and recovered in the 
manner provided by law when land is taken for the laying 
out of highways, and all proceedings for the recovery of 
such damages shall be brought within two years after the 
right of action accrues. In case a claimant for damages 
shall so elect application may be made by him to the su- 
perior court for the county in which the property is located, 
for the apjx)intment of a commission to determine the 
amount of damages suffered by such claimaut, and there- 
upon, such notice to said city having been given as said 
court may order, the court shall appoint a commission con- 
sisting of three competent and disinterested persons, who 
shall determine the amount of such damages and re|X)rt 
the same to the court; which report when finally approved 
by the court shall be binding on all the parties. The com- 
pensation of said commissioners shall be fixed by the court 
and paid in the same manner as are the fees of auditors 
appointed by the court. Whether or not costs shall be 
allowed to the prevailing party, and in what amount, shall 
be in the discretion of said court. 

Section 8. Said city may, for the purpose of paying city of sprmp:- 
the necessary expenses and liabilities incurred under the Lune^Rfver*^^'^ 
provisions of this act, issue from time to time coupon or ^^'-'^erLoaa. 
registered bonds or notes to an amount not exceeding in 
the aggregate two million dollars. Such bonds or notes 
shall bear on their face the words. City of Springfield, 
Westfield Little River Water Loan ; shall be payable at 
the expiration of periods not exceeding thirty years from 
the dates of issue ; shall bear interest payable semi-annu- 
ally at a rate not exceeding four per cent per annum, and 
shall be signed by the treasurer and countersigned by the 
mayor of said city. Said city may, by its mayor and treas- 
urer, sell such securities for the purposes of this act, upon 
such terms and conditions as they may deem proper: pro- Proviso. 
vided, that such securities shall not be sold for less than 
the par value thereof. 

Section 9. Said city shall at the time of authorizing Annual pay- 
said loan provide for the payment thereof in such annual 



284 



Acts, 1906. — Chap. 317. 



Income to be 
applied to 
defray operat- 
ing expenses, 
etc. 



Surplus. 



To furnish 
the town of 
Westfleld 
additional 
water. 



proportionate payments, beginning not less than three years 
after the first issue of said bonds or notes, as will extin- 
guish the same within the time prescribed by this act, and 
when a vote to that effect has been passed by the city coun- 
cil a sum which with the surplus of income derived from 
the water rates will be sufficient to pay the annual expense 
of operating its water works and the interest as it accrues 
on bonds or notes issued by said city under the provisions 
of this act, and to make such payments on the principal as 
may be required under the provisions of this act, shall, 
without further vote, be assessed by the assessors of said 
city in each year thereafter, in the same manner in which 
other taxes are assessed, under the provisions of section 
thirty-seven of chapter twelve of the Revised Laws, until 
the debt incurred by the loan herein authorized is extin- 
guished. The income of the water works shall be applied 
to defraying all operating expenses, interest charges and 
payments on the principal as they accrue upon any bonds 
or notes issued under the authority of this act or of pre- 
vious acts relating to the water sujDply of the city. If there 
should be a net surplus remaining after providing for the 
aforesaid charges it may be used for such new construc- 
tion as the water commissioners, with the approval of the 
city council, may determine, and, in case a surplus should 
remain after j)ayment for such new construction, the water 
rates shall be reduced proportionately. 

Section 10. Whenever, in the opinion of the state 
board of health, the town of Westfield shall have developed 
the watershed or sources of Tilliston brook, so far as may 
reasonably be done, the city of Springfield shall furnish 
the town of Westfield such additional quantity of water as 
may be required by said town, for the purposes for which 
the town is authorized to furnish water to its inhabitants, 
water so furnished to be taken from the pipes of the city 
of Springfield at a place thereon in said town of Westfield 
where they may readily be connected with the pipes of said 
town, the town paying therefor at the same rate per mil- 
lion gallons furnished as its water then costs the said to^^^l 
at the point of taking, exclusive of the cost of pipes for the 
distribution of w^ater in the streets of the town, and the 
cost of its so-called Montgomery system ; but the said to^vn 
shall not be entitled to a greater proportion of the water 
from the Westfield Little river watershed, as developed by 
the city of Springfield, than the ratio which its popula- 



Acts, 1906. — Chap. 317 285 

tion bears to the combined populations of the city of 
Springfield and the town of Westfield. 

SECTioisr 11. In the event of a dispute arising as to the Commission- 
cost of water furnished as aforesaid the superior court for parties in dis- 
the county of Hampden shall upon petition appoint one or re^3ort°to the 
more commissioners to hear the parties and to report to ^°"'''- 
the court the facts, or the facts with the evidence, which 
report when finally approved by the court shall be binding 
upon the parties. The compensation of said commissioner 
or commissioners shall be fixed by the court and paid in 
the same manner as are the fees of auditors appointed by 
the court. A\Tiether or not costs shall be allowed to the 
prevailing party and in what amount shall be within the 
discretion of said court. 

Section" 12. The city of Springfield may supply water May supply 
to the town of West Springfield and to the town of Aga- towns !!fV^cst 
wam, upon such terms as may be agreed upon between and Al'lnv-im. 
said city and said towns, resjjectively. 

Section 13. After the actual taking of any real estate Taxation, 
in the towns of Blandford or Granville by the city of 
Springfield under authority of this act the same may be 
valued by the assessors of said towns, respectively, for the 
purposes of taxation, on the basis of the average of the 
assessed values of such real estate for the three years last 
preceding the acquisition thereof; and said city shall pay 
to said towns taxes at the valuations so determined. 

Section 14. In the event that public convenience and Certain towns 
necessity shall require said towns of Blandford and Gran- imbursed. 
ville, or either of them, to build and maintain more high- 
way or highways, bridge or bridges, by reason of the actual 
taking of any real estate therein by the said city, under 
authority of this act, and if the same shall be so built and 
maintained, then the said city shall reimburse said towns 
of Blandford and Granville, respectively, for any reason- 
able expenditure incurred by them respectively for such 
building and maintenance. 

Section 15. In the event that said towns, or either of superior court 
them, and said city are unable to agree at any time upon certain ques- 
the necessity for such building and maintenance of more 
highway or highways, bridge or bridges, or upon what sum 
or sums of money should constitute reasonable expendi- 
ture for the maintenance thereof, or if said city shall at 
any time be dissatisfied with the valuation for the purposes 
of taxation of any real estate as aforesaid actually taken 



286 



Acts, 1906. — Chap. 317. 



To reimljurse 
the town of 
Westfleld for 
certain ex- 
penses. 



Repeal. 



When to take 
effect. 



bv it in said town or towns, or with the taxes assessed 
thereon, a j^etitiou may be made to said superior court, 
whereupon the same proceedings shall be had as are pro- 
vided for by section eleven of this act. 

Section 16. If the city of Springfield shall actually 
take, under and by virtue of this act, the water supply 
comprehended thereby, and if the state board of health 
shall hereafter determine, upon hearing the parties, that 
the town of \Yestfield by reason of such taking will be 
compelled sooner than it otherwise would, to erect or create 
another and a different sewage disposal or treatment plant, 
and if as a result of such determination said town shall so 
erect or create another and different sewage disposal or 
treatment plant, then said city shall pay to said town, 
annually, interest on the cost that said board of health 
shall decide was reasonably necessary therefor, including 
therein the interest on the cost of such lands as said board 
shall deem to be reasonably necessary therefor, and also 
such cost of the maintenance and depreciation thereof as 
said board shall determine was reasonable, and for such 
a period of time as said board shall determine that said 
erection or creation was sooner rendered necessary by such 
taking by said city. The rate of interest so to be paid for 
such period shall be the same as said town shall pay 
from year to year during said period upon money bor- 
rowed by it. In case either the to\^Ti of Westfield or the 
city of Springfield shall be dissatisfied Avith the decision 
of the state board of health ujwn any of the matters con- 
tained in this section, the party so dissatisfied may petition 
to said superior court, Avhereupon the same proceedings 
shall be had as provided in section eleven of this act. 

Section 17. All acts and parts of acts inconsistent 
herewith are hereby re}:>ealed. 

Section 18. This act shall take effect upon its accept- 
ance by the city council of said city voting thereon within 
one year from the date of passage. Unless said city within 
two years after the acceptance of this act in the manner 
herein provided shall have begun work hereunder, all the 
rights herein granted to said city shall cease and this act 
shall become void. Approved April 2d, 1906. 



Acts, 1906. — Chaps. 318, 319. 287 



An Act relative to the tenure of office of certain (7/^^^ 328 
officers of the school committee of the city of "' 

BOSTON. 

Be it enacted, etc., as follows: 

Section 1, The scliool committee of the city of Boston Tenure of 
shall choose a secretary, not of their own number, who shall otiiciias of\he 
also serve as secretary to the board of superintendents, an muteiof'the 
auditor and a business agent, who shall hold their respec- "ty of Boston, 
tive offices until removed by the committee for cause. The 
committee may also elect and remove such other subor- 
dinate officers not specifically provided for by law as they 
may deem expedient. The business agent may be elected 
without civil service examination, or enrollment. 

Section 2. A majority of all the members of the school Quorum, 
committee shall be necessary to constitute a quorum for 
the transaction of business. 

Section 3. Section four of chapter two hundred and Repeal, 
forty-one of the acts of the year eighteen hundred and 
seventy-five is hereby rejjealed. 

Section 4. This act shall take effect upon its passage. 

Approved April 26, 1906. 

An Act to provide for an extension of the metropoli- r//,^,^ 31 9 

TAN sewer in the CITY OF MALDEN. ^' 

Be it enacted, etc., as follows: 

Section 1. The metro]3olitan water and sewerage board '^out-Jn stnver 
shall extend the metropolitan sewer in Linden avenue, in may ite ex- 

. . c -»«- 1 1 r ■ -VTT 1 tended into the 

the city 01 Maiden, irom a }X)int near Waverly street, city of Maiden, 
through Linden avenue, Pleasant street and private lands, 
Jackson street and private lands, to a ix)int in the north 
metropolitan system about five hundred feet south of 
Charles street, and shall connect the same by overflow and 
proper appurtenances with the tidal flow of the Maiden 
river. 

Section 2. For the purpose of constructing and main- Authority of 
taining this addition to the extension of the metropolitan tan water'iuid 
sewers, the metropolitan water and sewerage board shall ^0^'^^''^*^ 
have and exercise all the authority conferred upon the 
metropolitan sewerage commissioners and their successors 
by chapter four hundred and thirty-nine of the acts of 
the year eighteen hundred and eighty-nine and acts in 
amendment thereof and in addition thereto, re^ardinff the 



288 



Acts, 1906. — Chap. 320. 



Treasurer 
and receiver 
general to 
issue bonds, 
etc. 



Interest and 
sinking fund 
requirements. 



original system or anything relating thereto, and the provi- 
sions of said chapter and of such other acts are hereby made 
applicable to this additional construction unless herein 
otherwise provided. 

Section 3. To "meet the expenses incurred under the 
provisions of this act for the construction of the sewerage 
work recommended, the treasurer and receiver general shall, 
with the approval of the governor and council, issue from 
time to time bonds, in the name and behalf of the Com- 
monwealth and under its seal, to an amount not exceed- 
ing fifty-five thousand dollars. The provisions of section 
twelve of said chapter four hundred and thirty-nine and 
of acts in amendment thereof and in addition thereto rela- 
tive to the indebtedness authorized by and incurred under 
that chapter, shall, so far as they may be applicable, apply 
to the indebtedness authorized by this act, in the same 
manner as if the said provisions had been inserted herein, 
except that any premiums which may be realized from 
the sale of said bonds shall be applied in the same manner 
in which the proceeds of the sale of such bonds, exclusive 
of the amounts received from premiums, are now applied. 

Section 4. The interest and sinking fund require- 
ments on account of the moneys expended in constructing 
the extension of the metropolitan sewer in Maiden pro- 
vided for in this act, and the cost of maintenance thereof, 
shall be deemed a part of the interest, sinking fund re- 
quirements and costs provided for by section fifteen of 
said chapter four hundred and thirty-nine, and shall be 
apportioned, assessed and collected in the manner provided 
by that chapter and by acts in amendment thereof or in 
addition thereto. 

Section 5. This act shall take effect upon its passage. 

Approved April 28,, 1906. 



Chav 320 ^^ ^^^ relative to the approaches to the new bridge 

' OVER the MERRIMAC RIVER IN THE CITY OF HAVERHILL. 



Approaches 
to the new 
bridge over 
the Mcrrimac 
river, etc. 



Be it enacted, etc., as foUoivs: 

Section 1. The county commissioners of the county of 
Essex are hereby authorized and directed, in constructing 
a new bridge with suitable approaches over the Merrimac 
river in the city of Haverhill under the provisions of chap- 
ter four hundred and sixty-six of the acts of the year nine- 



Acts, 1906. — Chap. 320. 289 

teen hundred and three and acts in amendment thereof 
and in addition thereto, to constrnct as part of snch suit- 
able approaches a way of approach which shall pass under 
the tracks of the Boston and Maine railroad, and which 
shall, in passing under said tracks, be of such width, grade 
and construction and at such point as shall be selected and 
determined by said commissioners and said railroad ; the 
centre of said way to be however about one hundred and 
twenty-five feet northerly of the centre of a private way 
ordered to be altered and built to pass under said railroad 
between Elm street and the tracks of the Georgetown 
branch of said railroad, as set forth in the report of the 
commissioners appointed by the superior court for the 
county of Essex in the matter of the abolition of grade 
crossings within the limits of said city of Haverhill and 
confirmed by said court. Such way of approach so to be 
constructed shall take the place of and be constructed in- 
stead of said private way ; and said private way ordered 
to be built as aforesaid shall not be constructed and shall 
be discontinued and abolished: provided, however, that a Proviso, 
way forty feet wide shall first be laid down on the westerly 
side of the tracks of said Boston and Maine railroad, over 
land of said railroad, from the way provided for in a deed 
from Warren Ordway to said railroad, dated May 17, 
1873, and recorded in the Essex south district registry of 
deeds, book 945, leaf 113, to such way of approach, for 
the use of parties having the right to use the Avay hereto- 
fore extending from the way provided for in said deed to 
Elm street. 

Section 2. So much of the cost and ex|5ense of con- cost of 
structing said public way of approach under said tracks be"awor"°°*° 
as shall not exceed the cost and expense of building said tioned.etc. 
private way under said tracks ordered as aforesaid shall 
be apportioned and paid as was provided in said report of 
said commissioners on the abolition of said grade crossings 
and in the decree of confirmation thereof by said court. 
All other cost and ex|)ense thereof shall be paid, assessed 
and apportioned as the other costs and expenses provided 
for in said chapter four hundred and sixty-six. 

Section 3. The abutments and bridge over said way Abutments 
of approach where it passes under said railroad shall be bekeptl^*^ 
maintained and kept in repair by said railroad ; and the Boston and ^ 
maintenance, repair and operation of said way of approach Maine Rati- 



290 



Acts, 1906. — Chap. 321. 



Certain provi- 
sions of law to 
continue in 
force. 



shall be borne and paid as part of the cost of maintenance 
and operation of said bridge and approaches, as provided 
for in said chajDter four hundred and sixty-six. 

Section 4. The provisions of said chapter four hun- 
dred and sixty-six, so far as they are consistent herewith, 
shall extend to this act and are made a part hereof. 

Section 5. This act shall take effect upon its passage. 

Approved April 28, 1906. 



Chap.S21 -^^' Act relative to the barxstable water compaxy. 
Be it enacted, etc., as follows: 



1903, 172, § ! 
amended. 



May take cer- 
tain waters, 
etc. 



Provisos. 



1903, 172, § 9, 
amended. 



Completion of 
system. 



1903, 172, § 11, 
amended. 



Section 1. Section two of chapter one hundred and 
seventy-two of the acts of the year nineteen hundred and 
three is hereby amended by striking out the words " the 
water of Wequaquet Lake, so-called, or any of its tribu- 
taries, or ", in the third and fourth lines, and by adding 
at the end of said section the words : — and provided, 
further, that no ground waters shall be taken at any point 
within one thousand feet of the shore of Wequaquet Lake, 
so-called, — so as to read as follows : — Section 2. Said 
corporation, for the purposes aforesaid, may lease, take 
or acquire by purchase or otherwise, as provided in the 
following section, any ground waters in the town of Barn- 
stable, together with such adjacent lands as may be neces- 
sary for the preservation of the purity of the w^ater and 
for the location of a standpipe ; also the rights of way and 
easements necessary for holding and preserving said water 
and for conveying the same across private lands if neces- 
sary for the purposes aforesaid : -provided, that no source 
of water supply shall be taken for domestic purposes under 
this act without the advice and approval of the state board 
of health; and provided, further, that no ground waters 
shall be taken at any point within one thousand feet of the 
shore of Wequaquet Lake, so-called. 

Section 2. Section nine of said chapter is hereby 
amended by striking out the word " three ", in the second 
line, and inserting in place thereof the word : — four, — 
so as to read as follows : — Section 9. The said water sup- 
ply system shall be completed within four years after the 
passage of this act. 

Section 3. Section eleven of said chapter is hereby 
amended by striking out all after the word " town ", in 
the fifth line, and inserting in place thereof the words : — 



Acts, 1906. — Chap. 322. 291 

notice of said meeting to be given by at least two publica- 
tions in all newspapers published in the town in which 
the meeting is to be held at least fifteen days before the 
date of said meeting, or by posting in at least ten con- 
spicuous places in said town. The said meeting shall be 
held within thirty days after the passage of this act and 
if, when voted upon, the act is not accepted it shall then 
be null and void, — so as to read as follows : — Section 11. ^g^f '° ^''^'^^ 
This act shall take effect upon its acceptance by a two thirds 
vote of the voters of either of said towns of Barnstable or 
Yarmouth voting thereon by ballot at a special town meet- 
ing legally called for the purpose, so far as it applies to that 
town, notice of said meeting to be given by at least two 
publications in all newspapers published in the town in 
which the meeting is to be held at least fifteen days before 
the date of said meeting, or by posting in at least ten con- 
spicuous places in said town. The said meeting shall be 
held within thirty days after the passage of this act and 
if, when voted upon, the act is not accepted it shall then 
be null and void. 

Sectiok" 4. This act shall take effect upon its passage. 

Approved April 28, 1906. 

An Act relative to additional clerical assistance in Chan.^'2i'2i 

THE OFFICE OF THE TAX COMMISSIONER. 

Be it enacted, etc., as follows: 

Section 1. Section two of chapter fourteen of the Re- r. l. i4,§2, 
vised Laws, as amended by chapter ninety-nine of the acts ^**^-'''^™^° '^'^• 
of the year nineteen hundred and four, is hereby further 
amended by striking out the word " nineteen ", in the 
seventh line, and inserting in place thereof the word : — 
twenty-two, — so as to read as follows : — Section 2. He cierks, 
shall appoint a deputy at a salary of twenty-five hundred salaries, etc. 
dollars a year and may employ two permanent clerks, the 
first at a salary of two thousand dollars a year and the 
second at a salary of fifteen hundred dollars a year, and 
such additional clerical and other assistance as may be 
necessary at an expense not exceeding twenty-two thousand 
five hundred dollars a year. 

Section 2. This act shall take effect upon its passage. 

Approved April 28, 1906. 



292 



Acts, 190G. — Chaps. 323, 324. 



Glass bottles, 
etc., used in 
the distribu- 
tion of milk, 
etc., to be 
sealed. 



CAa».323 Ax Act relative to the sealing of glass bottles or jars 

USED IX THE DISTRIBUTIOX OF MILK OR CREAM. 

Be it enacted, etc., as follows: 

Section 1. Any sealer of weights and measures who 
shall have been notified by any dealer in milk or cream 
who uses glass bottles or jars for the distribution of milk 
or cream that the said dealer has in his possession not less 
than six gross of such glass bottles or jars which have not 
been sealed, shall forthwith cause the same to be sealed 
in accordance with the provisions of section forty-three of 
chapter sixty-two of the Revised Laws, at a suitable place 
provided by the said dealer. 

Section 2. The fee to be charged for sealing bottles or 
jars under the provisions of this act shall be fifty cents 
l^er gross, to be retained by the sealer of weights and meas- 
ures : provided, however, that if he is paid a salary by the 
city or town he shall account for and pay into the treasury 
of the city or town all fees received under the provisions 
of this act. 

Section 3. All acts and parts of acts inconsistent here- 
with are hereby repealed. 

Section 4. This act shall take effect upon its passage. 

Approved April 28, 1906. 



Fee for 
sealing. 



Proviso. 



Bepeal. 



C/zap.324 



The prison 
commission- 
ers to approve 
bills for ex- 
pense of re- 
moving 
prisoners. 



Bepeal. 



Ax Act relative to the expense of removing prisoners. 

Be it enacted, etc., as follows: 

Section 1. The expense of removing a prisoner to or 
from a state institution by order of the prison commis- 
sioners shall be paid upon bills approved by said com- 
missioners, out of the appropriation for the removal of 
prisoners, except that when a removal is made at the re- 
quest of the trustees of any institution, or upon the certifi- 
cate of a prison physician on account of illness, the exj^ense 
thereof shall be borne by the institution from which the 
prisoner is removed. The expense of removing a j^i'isoner 
to the state asylum for insane criminals or to a state in- 
sane hospital, shall be paid by the prison from which the 
prisoner is removed. 

Section 2. All acts and parts of acts inconsistent here- 
with are hereby repealed. 

Section 3. This act shall take effect upon its passage. 

Approved April 2S, 1906. 



Acts, 1900. — Chaps. 325, 326. 293 



An" Act relative to the salaries of the justice and (7/^^^ 325 
clerk of the police court of chelsea. "' 

Be it enacted, etc., as follows: 

Section 1. Class E of section one of chapter four liiin- i904, 453, § 1, 
dred and fifty-three of the acts of the year nineteen hun- amended, 
dred and four is hereby amended by striking out the word 
" and ", in the fourth line, and by inserting after the word 
" Brockton ", in the fourth line, the words : — and the 
police court of Chelsea, — so as to read as follows : — 

Class E. Courts whose judicial districts have a popula- Class e. 
tion of from fifty thousand to sixty thousand, to wit, the 
district court of East Xorfolk, the district court of East 
Boston, the police court of Brockton and the police court 
of Chelsea ; salaries : — Justice, twenty-five hundred dol- 
lars ; clerk, fifteen hundred dollars. 

Section 2. Class F of said section is hereby amended oiaV'F'^^' 
by striking out the words " the police court of Chelsea ", amended, 
in the fourth line, so as to read as follows : — 

Class F. Courts whose judicial districts have a popida- ciassF. 
tion of from thirty thousand to fifty thousand, to wit, the 
district court of Hampshire, the jxjlice court of Holyoke, 
the district court of first Bristol, the central district court 
of northern Essex, the municipal court of the Cllarlesto^vn 
district, the district court of northern ISTorfolk, the mu- 
nicipal court of the West Roxbury district, the second dis- 
trict court of eastern Middlesex, the fourth district court 
of eastern Middlesex, the police court of jSTewton, the dis- 
trict court of eastern Essex, the police court of Fitchburg 
and the second district court of Plymouth ; salaries : — 
Justice, two thousand dollars ; clerk, twelve hundred dol- 
lars. 

Section 3. This act shall take effect upon its passage, when to take 
but the salaries of the justice and clerk of the police court 
of the city of Chelsea, herein established, shall be so al- 
lowed and paid from the first day of January in the cur- 
rent year. Approved April 28, 1906. 

An Act to authorize the town of framingham to incur (JJkij) 39g 

INDEBTEDNESS FOR A NEW HIGH SCHOOL BUILDING. ' " 

Be it enacted, etc., as follows: 

Section 1. The town of Framingham, for the purpose Framingham 
of purchasing land for a high school building, and of erect- A*ct*of i906 °' 



29tl: 



Acts, 190G. — Chap. 327. 



Annual pay- 
ments on loan. 



iiig, fiiriiisliing and equipping the building, is hereby au- 
thorized to borrow money beyond its statutory limit of 
indebtedness to an amount not exceeding one hundred thou- 
sand dollars, and to issue notes or bonds therefor. Such 
notes or bonds shall bear on the face thereof the words, 
rramingham School Loan, Act of 1906, shall be payable 
at the exj)iration of periods not exceeding twenty-five years 
from the dates of issue, shall bear interest, payable semi- 
annually, at a rate not exceeding four per cent per annum, 
and shall be signed by the treasurer and countersigned by 
the selectmen of the town. The town may sell such securi- 
ties at public or private sale, or pledge the same for money 
borrowed for the purpose aforesaid, upon such terms and 
conditions as it may deem expedient, provided they shall 
not be sold for less than the par value thereof. 

Section 2. Said town shall at the time of authorizing 
the said loan provide for the payment thereof in such 
annual proportionate payments as will extinguish the same 
within the time prescribed in this act ; and when a vote 
to that effect has been passed the amount required thereby 
shall, without further vote, be assessed by the assessors of 
the town in each year thereafter, in the same manner in 
which other taxes are assessed under the provisions of sec- 
tion thirty-seven of chapter twelve of the Revised Laws, 
until the debt incurred by the loan is extinguished. Said 
town shall also raise annually by taxation a sum which 
will be sufficient to pay the interest as it accrues on the 
notes or bonds issued under authority of this act. 

Section 3. This act shall take effect upon its accept- 
ance by a majority of the voters of the town voting thereon 
at a meeting duly called for the purpose. 

Approved April 28, 1906. 

QJian.327 -^^^ ^'^^'^ '^^ PROVIDE for the protection of property and 
^ ' material used by the commissioners on fisheries and 

game in making scientific investigations. 

Be it enacted, etc.. as follows: 

"Whoever wilfully and without right enters in or u|X)n 
any building or other structure or any area of land or 
water set apart and used by or under authority of the com- 
missioners on fisheries and game for conducting scientific 
experiments or investigations after said commissioners have 
caused printed notices of such occupation and use and the 
puriDOses thereof to be placed in a conspicuous position 



When to take 
effect. 



Penalty for 
entering, with- 
out right, 
building(5,etc., 
used l)y the 
commission- 
ers on fisheries 
and game in 
scientific in- 
vestigations. 



Acts, 1906. — Chaps. 328, 329. 295 

adjacent to any snch areas of land or water or upon any- 
such building or other structure, and any person who wil- 
fully and maliciously injures or defaces any such building 
or other structure or any notice posted as aforesaid, or 
injures or destroys any property used in such experiments 
or investigations, or otherwise interferes therewith, shall be 
punished by imprisonment for not more than six months 
or by a fine of not more than two hundred dollars. And 
said commissioners and their deputies are hereby author- 
ized to arrest without warrant any person found violating 
the provisions of this act. Approved April 28, 1906. 

An Act to authorize the south deerfield water supply QJiap.S28 

DISTRICT TO MAKE AN" ADDITIONAL WATER LOAN. 

Be it enacted, etc., as foUoivs: 

Section 1. The South Deerfield Water Supply Dis- south Deer- 
trict, for the purposes mentioned in chapter four hundred supply dIs- 
and eighty-six of the acts of the year nineteen hundred Act'^o^im 
and two, may issue bonds, notes or scrip, signed by the 
treasurer of the water supj^ly district and countersigned by 
the chairman of the water commissioners, to be denomi- 
nated on the face thereof. South Deerfield Water Supply 
District Loan, Act of 1906, to an amount not exceeding 
five thousand dollars in addition to the amount heretofore 
authorized to be issued by said district for the same pur- 
poses. Such bonds, notes or scrip shall be issued upon the 
same terms and conditions and with the same powers on 
the part of said district as are specified in said chapter 
four hundred and eighty-six, except that said district may 
vote at a legal meeting called for the purpose to provide 
for the payment of the said bonds, notes or scrip, in ten 
annual proportionate payments, the first payment to be 
made in twenty-one years from the date of the issue of 
said bonds, notes or scrip. 

Section 2. This act shall take effect upon its passage. 

Approved April 28, 1906. 

An Act to provide for the appointment of a female as- nji^jy 329 

SISTANT probation OFFICER FOR THE THIRD DISTRICT COURT ^ ' 

OF EASTERN MIDDLESEX. 

Be it enacted, etc., as follows: 

Section 1. Section eighty-one of chapter two hundred ^tc^amcnded 
and seventeen of the Revised Laws, as amended by chap- 



296 Acts, 1906. — Chap. 330. 

ter two liundred and ninetv-five of the acts of the year 
nineteen hundred and five, is hereby further amended by 
inserting after the word " district ", in the ninth line, the 
words: — and the justice of the third district court of 
Probation eastern Middlesex, — so as to read as follows : — Section 
pointment^'etc. 81. The Superior court may appoint probation officers and 
the justice of each police, district or municipal court and 
the chief justice of the municipal court of the city of Bos- 
ton shall appoint one probation officer. Said chief justice 
may also appoint not more than five male and two female 
assistant probation officers. The justice of the municipal 
court of the South Boston district and the justice of the 
municipal court of the Roxbury district and the justice of 
the third district court of eastern Middlesex, may also each 
appoint one female assistant probation officer. Each proba- 
tion officer and assistant probation officer so appointed shall 
hold his office during the pleasure of the court which makes 
the appointment. 

Section 2. This act shall take effect upon its passage. 

Approved April 28, 1906. 

Chap.3S0 An Act accepting an increased annual appropriation 

FROM THE UNITED STATES FOR THE SUPPORT OF AGRICUL- 
TURAL experiments, and AUTHORIZING THE MASSACHU- 
SETTS AGRICULTURAL COLLEGE TO RECEIVE THE SAME. 

Be it enacted, etc., as follows: 
Acceptance of Section 1. The Commonwealth of Massachusetts 

a grant oi 

money fi-om hereby assents to and accepts a e;rant of monevs to be 

the TJnitGd. x o c 

states. made annually by the United States, as set forth and de- 

fined in an act of congress, passed at the second session of 
the fifty-ninth congress and approved March sixteenth, nine- 
teen hundred and six, entitled an " Act to provide for an in- 
creased annual appropriation for agricultural experiment 
stations and regulating the expenditure thereof ", upon the 
terms and conditions set forth in said act ; and the Mas- 
sachusetts Agricultural College is hereby authorized and 
designated to receive said grant of moneys. 

Notice of Section 2. The 2:overnor is herebv authorized to give 

acceptance •(•! c ^ • ^ n 

to be given. due notice 01 the passage oi this act to the government of 
the United States. 

Section 3. This act shall take effect upon its passage. 

Approved April 28, 1906. 



Acts, 1906. — Chaps. 331, 332. 297 



An Act to incorporate the henry c. nevins home for QJiap.SSI 

THE AGED AND INCURABLE. 

Be it enacted, etc., as follows: 

Section 1. Ida Mason, John Neuscheler and Joseph ^IySs Home 
S. Howe, their associates and successors, are hereby made ^^'^'jjjc^f^bie 
a corporation by the name of the Henry C. E'evins Home incorporated, 
for the x\ged and Incurable, to be located in the town of 
Methuen, Massachusetts, with all the powers and privi- 
leges and subject to all the duties, restrictions and liabili- 
ties set forth in all general laws now or hereafter in force 
relating to such corporations. 

Section 2. The object of the said corporation shall be object of the 
to carry out the charitable trusts created by the will of corporation, 
Julie F. H. JSTevins, late of the city of New York, de- 
ceased, who devised and bequeathed certain property in 
trust for the purpose of establishing and maintaining at 
Methuen " a home for aged persons, of either sex, whether 
married or single, and who may be practically incapable 
of supporting themselves ; and also for those of whatever 
age, of either sex, who may be afflicted with incurable 
malady, and who may stand in need of charitable aid." 
It shall be the duty of the said corporation to carry out 
the said trusts in the manner directed by the said will. 
The corporation is authorized to receive, hold and use any 
other property which may be given to it by will or other- 
wise, in trust or otherwise, for the purposes of the cor- 
poration. Approved April 28, 1906. 

An Act to authorize the town of westborough to con- rij,^^ 009 

STRUCT A school BUILDING. ^ ' *^ 

Be it enacted, etc., as folloivs: 

Section 1. The town of Westborough, for the pur- rov.-not 
pose of erecting, furnishing and equipping a new school gchooi'Loal^ 
building, is hereby authorized to borrow a sum not ex- Actofi906. 
ceeding thirty-five thousand dollars, and to issue notes or 
bonds therefor. Such notes or bonds shall be designated 
on the face thereof, Town of Westborough School Loan, 
Act of 1906, shall be payable at the expiration of periods 
not exceeding twenty years from the dates of issue, shall 
bear interest, payable semi-annually, at a rate not exceed- 
ing four per cent per annum, and shall be signed by the 
treasurer and countersigned by the selectmen of the town. 



298 Acts, 1906. — Chaps. 333, SU. 

The town may sell such securities at public or private sale, 
or pledge the same for money borrowed for the purpose 
aforesaid, upon such terms and conditions as it may deem 
expedient, provided they shall not be sold for less than 
the par value thereof. 
Annual Section 2. Said town shall at the time of authorizing 

on loan. the Said loan provide for the payment thereof in such 

annual proportionate payments as will extinguish the same 
within the time prescribed in this act; and when a vote 
to that effect has been passed the amount required thereby 
shall, without further vote, be assessed by the assessors of 
the town in each year thereafter, in the same manner in 
which other taxes are assessed under the provisions of 
section thirty-seven of chapter twelve of the Revised Laws, 
until the debt incurred by the loan is extinguished. Said 
town shall also raise annually by taxation a sum which 
will be sufficient to pay the interest as it accrues on the 
notes or bonds issued under authority of this act. 

Section 3. This act shall take effect upon its passage. 

Approved April 28, 1906. 

Chap.333 ^^ ^CT to authorize the first parish in BROCKTON TO 
SELL, LEASE, OR IMPROVE ITS UNOCCUPIED REAL ESTATE. 

Be it enacted, etc., as follows: 

Pari™ Section 1. The First Parish in Brockton is hereby 

Brockton may authorized to sell or lease any or all of its unoccupied real 
real estate. estate not used or needed for its church purposes, or to im- 
prove the same by erecting a building or buildings thereon, 
and for that purpose to mortgage the whole or any part of 
the same. The income thereof shall be applied to the sup- 
port and maintenance of its church. 

Section 2. This act shall take effect upon its passage. 

Approved April 28, 1906. 

CA«X>.334 "^^ ^^^^ ^^ AUTHORIZE THE MASSACHUSETTS COLLEGE OF OSTE- 
^' OPATHY TO GRANT DEGREES. 

Be it enacted, etc., as follows: 
Massachusetts Section 1. The Massachusetts College of Osteopathy 
Osteopathy may grant the degree of Doctor of Osteopathy to students 
deg^rlfs!° properly accredited and recommended by its faculty: pro- 
Proviso. vided, however, that the course of instruction furnished 

by the corporation shall occupy not less than three years. 
Section 2. This act shall take effect upon its passage. 

Approved April 28, 1906. 



Acts, 1906. — Chap. 335. 299 



An Act to provide for the annexation of a part of the QJiap.335 

TOWN OF TEWKSBURY TO THE CITY OF LOWELL. 

Be it enacted, etc., as follows: 

Section 1. So much of the town of Tewksbury, in the Part of the 
comity of Middlesex, with all the inhabitants and estates TcAv'ksbury 
therein as is substantially bounded as follows, viz. : — Be- fhe"city'lf° 
ginning at a point on the southerly side of the Merrimack Lowell, 
river at a stone wall, at the dividing line between land of 
A. J. Trull and R, G. Bartlett ; thence southerly and south- 
westerly by the dividing line between said Trull and Bart- 
lett by a stone wall thirty-three hundred and sixty-six and 
ninety-eight one hundredths feet to the northerly line of 
Andover street ; thence southeasterly across Andover street 
one hundred and sixty-five one hundredths feet to a point 
in the southerly line of said street, at the dividing line of 
John Fleming and C. I. Hood ; thence south six degrees, 
nineteen minutes west by said dividing line and through 
land of C. I. Hood six hundred seventy-eight and seven 
tenths feet ; thence south twenty-one degrees, fifty minutes, 
forty-one seconds west by land of Haley through land of 
Clark, Hood and Gookin and Eliades across Clark street 
fifty-seven hundred and eight and thirty-three one hun- 
dredths feet to the southerly line of Main street; thence 
south twenty-eight degrees, ten minutes, fifty-nine seconds 
w^est through land of Kelley, Marshall, Cawley, Marshall 
and French across the Lowell and Andover railroad and 
the Low^ell and Lawrence railroad three thousand and six- 
teen and eighteen one hundredths feet to the northerly 
line of Astle street, to corner of wall between land of 
Sprague and French ; thence south forty-nine degrees, eight 
minutes, forty-five seconds west through land of French 
and Felker across Whipple and Billerica roads and Fellcer 
street tw^enty-five hundred and twenty-six and ninety-seven 
one hundredths feet to the northwest line of Elm avenue; 
thence south eighty-six degrees, fifty-one minutes, forty- 
five seconds west by the northwesterly line of Elm avenue 
across Low^ell and Talbot streets and the southern division 
of the Boston and Lowell railroad and through land of 
Shedd and the LTnited States Cartridge Company thirty- 
six hundred and sixteen one hundredths feet to the Con- 
cord river ; thence northeasterly down the Concord river 
forty-three hundred and ninety feet to a point opjwsite a 



300 



Acts, 1906. — Chap. 335. 



Part of the 
town of 
Tewksbury 
annexed to 
the city of 
LoweU. 



Liability for 
taxes. 



Support of 
paupers. 



stone monument on the southwesterly side of Billerica 
street ; thence southeasterly by the said monument across 
Billerica and LaAvrence streets and the Lowell and An- 
dover railroad to a stone monument in the northeasterly 
line of said railroad eight hundred and thirty-two feet ; 
thence southeasterly by the northeasterly line of said rail- 
road twenty-one hundred and eighty-two feet to a stone 
monument on the easterly side of Boylston street ; thence in 
a northeasterly direction twenty-three hundred and eighty- 
eight and seventy-two one hundredths feet to a stone monu- 
ment in the northeasterly line of Main street and the 
easterly line of the Butnian road; thence northerly by 
the easterly line of the Butman road fifty-one hundred 
and fourteen and thirteen one hundredths feet to a stone 
monument in the northerly line of Andover street ; thence 
westerly by the northerly line of Andover street thirty- 
five feet; thence northerly by the dividing line between 
land of the Butler estate and land formerly of the Plum- 
mer estate across East Merrimack street, eight hundred 
and ninety-seven feet to the Merrimack river ; thence east- 
erly down the Merrimack river about fifty-two hundred 
feet to the point of beginning, — is hereby set off and sepa- 
rated from said town of Tewksbury and annexed to and 
made a part of the city of Lowell in said county and shall 
constitute a part of the ninth ward thereof until a new 
division of wards is made. 

Section 2. The inhabitants and the estates on said 
tract of land set off as aforesaid and the owners of said 
estates shall be liable to pay all such taxes as are already 
assessed on them by said town of Tewksbury and all such 
taxes as may be assessed on them by said town of Tewks- 
bury before this act shall take effect, in the same manner 
as they would have been liable if this act had not been 
passed. And until the next state valuation the city of 
Lowell shall annually in the month of K^ovember, pay to 
the town of Tewksbury, the proportionate part of the state 
and county tax assessed upon said town of Tewksbury, 
which the valuation of the part set off bears to the total 
valuation of the town according to the valuation made by 
the assessors of the town in the ^^ear nineteen hundred 
and five. 

Section 3. If any persons who have heretofore gained 
a legal settlement in the town of Tewksbury by reason of 
residence on the territory set off as aforesaid, or by hav- 



Acts, 1906. — Chap. 335. 301 

ing been proprietors thereof, or who may derive such settle- 
ment from any such resident or proprietor, shall come to 
want and stand in need of relief, aid and siipport as pau- 
pers they shall be relieved and supported by the city of 
Lowell, in the same manner as if they had gained a legal 
settlement in said Lowell. 

Section 4. The city of Lowell shall assume and agree The city to 
to pay to the Central Savings Bank of Lowell the four uabrnties. 
remaining payments of fifteen hundred dollars annually 
with interest at three and one half jDer cent on the first 
loan contracted for the construction of Andover street, the 
cost of which with land damages amounted to twenty- 
three thousand three hundred and ten dollars. The city 
of Lowell shall also assume and agree to pay to the Cen- 
tral Savings Bank of Lowell the seven remaining payments 
of fifteen hundred dollars annually with interest at four 
per cent on loan obtained for the new eight-room school- 
house on Talbot street in said Tewksbury built about three 
years ago, the assessed valuation of which with the adjoin- 
ing land for school purposes is twenty-five thousand dollars. 

Section 5. The city of Lowell shall on the passage of Jemiin^^chooi- 
this act become the absolute owner of all rights, interest bouse to vest 

o ' jjj toe city. 

and property now held by the town of Tewksbury in the 
said eight-room schoolhouse on Talbot street and the school- 
house lot appurtenant thereto, and also to the " Gumb 
Lot ", so-called, which is free from incumbrances, bounded 
by Juniper and Talbot streets and located in the territory 
to be hereby annexed to said Lowell. 

Section 6. The inhabitants upon the territory hereby Election of 
set off and annexed to the city of Lowell shall continue to represenuv 
be a part of the town of Tewksbury for the purpose of wves, etc. 
electing senators and representatives to the general court, 
until the next apportionment shall be made, and it shall 
be the duty of the mayor and aldermen of said city to 
make a true list of the persons on the territory hereby 
annexed, qualified to vote at such elections, and to post 
up the list in said territory, and to correct the same, as re- 
quired by law, and to deliver the same to the selectmen of 
said town, at least seven days before any such election, 
and the same shall be taken and used by the selectmen of 
said town for such election in the same manner as if it had 
been prepared by themselves. 

Section 7. This act shall take effect upon its passage. 

Approved April 30, 1906. 



302 Acts, 1906. — Chaps. 336, 337, 338, 339. 



Chap.336 Ax Act relative to premiums resulting from the sale 

OF METROPOLITAN PARK LOAN BONDS. 

Be it enacted, etc., as follows: 

ft-oliTsai^'of Section 1. Premiums received from the sale of securi- 

securities to be ^ies, Certificates of debt or bonds, issued on account of the 

paid mto sink- ' , ' 

ingfund. metropolitan parks for park or boulevard purposes, shall 

hereafter be paid into the sinking fund for the extinguish- 
ment of the principal indebtedness. 

Section 2. This act shall take effect upon its passage. 

Approved April 30, 1906. 

CJiar).dS7 ^^ ^^^ RELATIVE TO PREMIUMS RECEIVED FROM THE SALE OF 

METROPOLITAN WATER LOAN BONDS. 

Be it enacted, etc., as folloivs: 

Premiums Section 1. Premiums received from the sale of bonds 

securities to be issucd ou accouut of the Metropolitan Water Loan, under 
Fngfund. section seventeen of chapter four hundred and eighty-eight 

of the acts of the year eighteen hundred and ninety-five, 
and acts in amendment thereof and in addition thereto, 
shall hereafter be paid into the sinking fund for the ex- 
tinguishment of the principal indebtedness. 

Section 2. This act shall take effect upon its passage. 

Approved Ajjril 30, 190G. 

ChaV 338 ^^ ^^'^ relative to premiums received from THE SALE OF 
^ * * METROPOLITAN SEWERAGE LOAN BONDS. 

Be it enacted, etc., as follows: 
Premiums Section 1. Premiums received from the sale of scrip, 

from StilG of 

securities to be certificates of debt or bonds, issued on account of the met- 
ing fund/^" ropolitan sewerage works, shall hereafter be paid into the 
sinking fund for the extinguishment of the principal in- 
debtedness. 

Section 2. This act shall take effect upon its passage. 

Approved April SO, 1906. 

CJiaV 339 -^^ ^^^ RELATIVE TO THE DISCONTINUANCE OF STREET RAIL- 
^ * WAY TRACKS. 

Be it enacted, etc., as follows: 
The sunreme Section 1. If a Street railway company without right 
may^compei or lawful cxcusc discoutinucs the use of any track and 



Acts, 1906. — Chap. 340. 303 

when requested by the board of aldermen of the city or by the use of 
the selectmen of the town in which such track is located nuiway tracks, 
refuses to ojierate the same, the mayor of the city, if duly 
authorized by vote of the city council, or the selectmen 
of the town, if duly authorized by vote of the town, may 
petition the supreme judicial court to compel the company 
to resume the use of such track and to perform all its 
corporate duties relating thereto. Such petition shall set 
forth the facts upon which the petitioner relies and the 
relief sought, but shall not be defeated for informality, 
and may be amended at any stage ; and said court shall 
have jurisdiction in equity to determine the cause and to 
enforce its decrees and orders relative thereto. 

Section 2. Upon the filing of any such petition said fervedfetc^ 
court shall order due notice to be served upon the street 
railway company and shall advance the cause to speedy 
hearing and final decision. 

Section 3. In case the track, the use of which has been Two or more 

T . T'l ,!•, ••Ti- nninicipalities 

discontinued, is located m two or more municipalities, any may join in 
or all of such municipalities acting by the officials above ^^ ^ ^°^' 
named and authorized as hereinbefore provided, may join 
in such petition. 

Section 4. Nothing herein contained shall be deemed ^gifts nit 
a legislative construction of any existing law or an impair- impaired, 
ment of any existing right of a street railway company 
to discontinue the use of tracks. 

Approved April 30, 1906. 

An Act kelative to the erecting, altering, remodelling (JJi^j) 340 

AND enlarging OF BUILDINGS IN THE CITY OF BOSTON. "^ ' 

Be it enacted, etc., as follows: 

Section 1. Chapter four hundred and nineteen of the I892, 419, § 19, 
acts of the year eighteen hundred and ninety-two is hereby 
amended by striking out section nineteen and inserting in 
place thereof the following : — 

Strength of Materials. 

Section 19. The stresses in materials hereafter used in strength of 
the construction of all buildings, produced by the calcu- bSiSngs.^^ 
lated strains due to their own weights and applied loads, 
shall not exceed the following : — 



304 



Acts, 1906. — Chap. 340. 



stresses of 
materials. 



Timber. 
Stresses in Pounds per Square Inch. 





On 

Extreme 

Fibre. 


Shearing 
along Grain. 


Compression 

Perpendicular to 

Grain. 


White pine and sjjruce, . 
White oak, .... 
Yellow pine (long-leaved) , 


1.000 
1,000 
1,500 


80 
1.50 
100 


2.)0 
(iOO 
500 



Stresses due to transverse strains combined with direct 
tension or compression shall not exceed the extreme fibre 
stresses given above. 

For Posts with Flat Ends. 

The stresses are given in the following table, in which 
L equals length of post, D equals least diameter of post, 
and S equals stress per square inch : — 



White Pine and Spruce. 


Long-leaved Yellow Pine. 


White Oak, 


L 




L 









S 





S 


S 


D 




D 






to 10 


625 


to 15 . 


1.000 


7.50 


10 to ;55 . 


500 


15 to 30 . 


875 


650 


35 to 45 . 


375 


30 to 40 


750 


560 


45 to 50 . 


250 


40 to 45 . 


625 


470 






45 to 50 . 


500 


375 



Wkought Iron and Steel. 
Stresses in Pounds per Square Inch. 



Stresses of Materials. 



Wrought 
Iron. 



Steel. 



Extreme fibre stress, rolled beams and shapes, 

Tension, . . 

Compression in flanges of built beams, . 
Shearing, ........ 

Direct bearing, including puis and rivets, 
Bending on pins, 



12,000 
12,000 
10,000 
9,000 
15,000 
18,000 



16,000 
15,000 
12,000 
10,000 
18,000 
22,500 



Acts, 1906. — Chap. 340. 305 

For columns and compression members, ten thousand m.^riais° 
for iron and twelve thousand for steel, reduced for ratio 
of length of column or member to its least radius of gyra- 
tion by approved formulas. 

Stresses due to transverse strains combined with direct 
•tension or compression shall not exceed the extreme fibre 
stress given above for rolled beams and shapes, or in case of 
built members the above tension and compression stresses- 
Compression flanges of beams shall be proportioned to 
resist lateral flexure unless properly stayed or secured 
against the same. 

Shearing and bearing stresses on bolts, whether wrought 
iron or steel, shall not be higher than allowed by the above 
table for wrought iron. All connections in skeleton build- 
ings of which the height exceeds twice the least horizontal 
dimension, all joints in steel trusses and girders, and all 
connections of such trusses and girders to the sides of steel 
columns, shall be made by means of rivets. 

Deflection, Modulus of Elasticity. 

Iron, 27,000,00(1 Deflection,, 

Steel, 29,000,000 etc. 

Stresses for steel are those for " structural steel " hav- 
ing an ultimate tensile strength of fifty-five thousand 
to sixty-five thousand pounds per square inch, an elastic 
limit of not less than one half the ultimate strength and 
a minimum per cent of elongation in eight inches of one 
million four hundred thousand divided by the ultimate 
strength. 

Cast Ikon. 

Stresses in Pounds per Square Inch. 

Extreme fibre stress, tension, . 3,000 Cast iron. 

Extreme fibre stress, compression for columns and lintels, . . . 8,000 

Extreme fibre stress, compression for short blocks or plates, . . 16,000 
Extreme fibre stress, compression for connection members such as 

lugs, 2,500 

Cast iron shall not be used for columns in buildings of 
more than seventy feet in height. 



306 



Acts, 1906. — Chap. 340. 



Capacity of 
columns. 



Tahlc for Capaciiy of Cast-iron Columns. 



Where tlie Length 

divided by the Least 

Radius of Gyration 

equals — 


Working Stress per 

Square Inch of 

Section. 


Where the Length 

divided by the Least 

Radius of Gyration 

equals — 


Working Stress per 

Square Inch of 

Section. 


70 
60 
50 
40 


9,200 

9,500 

9,800 

10,100 


:!0 
20 
10 


10,400 
10,700 
11,000 



Stone Work, in Compression. 

Str'esses in Tons of Two Thousand Pounds i^er Square 

Foot. 

ftc"*^^*^'^' First quality dressed beds and Luilds, laid solid in 

cement mortar. 



Granite, . 

Marble and limestone, 

Sandstone, 



60 
40 
30 



In cases where ]X)orer mortar is used, to avoid stain 
from cement, stresses to be less than above may be aj> 
proved by the building commissioner. 

In ashlar-faced work no allowance over strength of brick- 
work is to be made for ashlar less than eight inches thick. 
For eight inches thick and over the excess over four inches 
shall be allowed. 



Brick work, 
etc. 



Brickwork in Compression. 

Stresses in Tons of Two Thousand Pounds per Square 

Foot. 

First class work, of hard-burned bricks, and including 
piers in which height does not exceed six times the least 
dimensions, laid in : — 



(a) One part Portland cement, three parts sand, ..... 18 

(6) One part Rosendale cement, two parts sand, ..... 15 

(c) One part Rosendale cement, one part lime and six parts sand, . 12 

(d) Lime mortar, one part lime, six parts sand, 8 



Cement and lime to be measured dry. 
Brick piers of hard-burned bricks, in which height is 
from six to twelve times the least dimension : — 



Acts, 1906. — Chap. 340. 307 

Mortar (a), 16 

Mortar (6), 13 

Mortar (c), 10 

Mortar (d), 7 

For " light-hard " bricks, stresses shall not exceed two 
thirds of the above. 

Concrete. 

When the structural use of concrete is proposed, a speci- Concrete, 
fication, stating the quality and proportion of materials 
and the methods of mixing the same, shall be submitted 
to the building commissioner, who may issue a permit at 
his discretion and under such further conditions as he 
sees fit to im]X)se. 

In first class Portland cement concrete containing one 
part cement to not more than six parts properly graded 
aggregate of stone and sand, except in piers or columns of 
which the height exceeds six times the least dimension, the 
compressive stress shall not exceed thirty tons per square 
foot. 

In piers and columns of first class Portland cement con- 
crete, containing one part cement to not more than five 
parts properly graded aggregate of stone and sand, where 
the height of pier or column is more than six times and 
does not exceed twelve times its least dimension, the com- 
pressive stress shall not exceed twenty-five tons per square 
foot. 

In steel-concrete beams or slabs subjected to bending 
stresses, the entire tensile stress shall he carried by the 
steel, which shall not be strained above the limits allowed 
for this material. First class Portland cement concrete in 
such beams or slabs, composed of one part cement to not 
more than five parts of properly graded aggregate of stone 
and sand, may be strained in compression to not more than 
five hundred pounds per square inch. In case one part of 
cement to not more than three parts of properly graded 
aggregate of stone and sand is used, this stress may be in- 
creased to not more than six hundred pounds per square 
inch. Concrete shall not be strained in sheer more than 
thirty pounds per square inch. 

Iisr General. 

Stresses for materials and forms of the same, not herein P**.^''." "^*' 
mentioned, shall be determined liy the building commis- miesioner. 



308 



Acts, 1906. — Chap. 340. 



Mortars. 



sioner, and provision for wind bracing shall be made where 
it is necessary, and all buildings shall be constructed of 
sufficient strength to bear the load intended to be placed 
therein, in addition to the weight of materials used in 
construction. 

Mortars. 

All mortars shall be made with such pro|X)rtion of sand 
as will insure a proper degree of cohesion and tenacity, 
and secure thorough adhesion to the material with which 
they are used, and the building commissioner shall con- 
demn all mortars not so made. The following rules shall 
be complied with : — 

(a) Mortar below level of water shall be no poorer than 
one part Portland cement and three parts sand ; 

(b) Mortar for first class buildings shall for one half 
their height be no poorer than one part Rosendale cement, 
two parts sand, above, equal parts of cement and lime, 
and the proper pro]X)rtion of sand ; 

(c) Mortar for second class buildings and for such parts 
of third class buildings as are below the level of the side- 
walk shall be no poorer than equal parts of lime and cement, 
with a pro}3er proportion of sand ; 

(d) Mortar for third class buildings above ground shall 
be no poorer than the best lime mortar. 

The building commissioner may allow the use of mortar 
in setting stone where cement would stain. 



Quality of 
materials. 



Quality of Materials. 

All materials shall be of good quality for the purposes 
for which they are to be used, shall conform to legal, trade 
and manufacturers' standards, and shall be subject to the 
approval of the building commissioner. 



Cutting. 



Altering, re- 
modelling, etc. 



Cutting. 

Cutting for piping or other pur|X)ses shall not be done 
so as to reduce the strength of the supj3orting parts below 
that required by the provisions of this act. 

Section 2. Any building erected prior to the passage 
of this act having not more than five floors above the mean 
grade of all the sidewalks, may be altered, remodelled or 
enlarged for use as a dwelling, tenement or lodging house 
in accordance with prevailing requirements for second 



Acts, 1906. — Chap. 3J:0. 309 



class construction in the new parts of such building so 
remodelled, altered or enlarged. 

(a) The height of any such building shall not be in- Height not to 
creased. The number of stories of such buildings shall etc. 
not exceed five above the cellar or basement. 

(6) Such buildings so altered, remodelled, or enlarged bo"ardof^°* 
shall conform to the rules of the board of health. health. 

(c) Every such building shall be provided with at least Exits. 
two exits satisfactory to the building commissioner, sub- 
ject to appeal as provided by law. 

(d) Every such building shall have, beside the exposure Exposures. 
on its main front, an exposure as long as the average width 

of the building, upon a space oj^en from the ground to the 
sky, at least ten feet wide for the first three stories, and, 
unless the space be twenty feet wide at start, increasing 
in width five feet with each additional story, until the 
width of such space is twenty feet. 

(e) Such exposure may be either upon private or pub- 
lic ways, or upon land which is dedicated for the use of 
the building and may be divided and placed as approved 
by the building commissioner. 

(/) These spaces shall remain undiminished so long as 
the building is used for habitation. 

(g) If the building is situated on the corner of streets, 
or private ways not less than ten feet wide, the building 
commissioner may approve the omission of the whole or 
part of this additional exposure. 

Section 3. ISTew buildings adapted for the purposes Erection of 

,. 1 ' ,. . 1 . ,1 c,- nc^v buildings. 

mentioned m section two, and not more than lour stories 
above the cellar or basement, may be erected of second 
class construction under the conditions above recited, pro- 
vided that no such building shall exceed five thousand 
square feet in superficial area. The first story or base- 
ment, or both the first story and basement, in such build- 
ings, so erected, altered, remodelled or enlarged, may be 
used for mercantile purposes, provided the walls and ceil- 
ings surrounding the areas so used shall be fire-stopj)ed to 
the satisfaction of the building commissioner. 

Section 4. [N'ew buildings of brick or concrete, not ^(fn^rtiction 
over two stories in height, adapted for the occupancy of of certain new 
a single family and having a sui:>erficial area not greater 
than one thousand square feet, may be constructed with 
external and party or division walls of eight inches in 
thickness, and where such buildings are provided with but 



310 



Acts, 190G. — CuArs. 341, 342. 



Proviso. 



Repeal 



a single bath room and water closet, these and such other 
water fixtures as the house may contain, may connect with 
the house drain with a single trap and be ventilated by a 
single vent or air pipe: provided, liowevev, that where the 
party wall of a building thus constructed joins or becomes 
the party wall of another such building, the floor timbers 
in each of such buildings shall be so spaced or protected 
that their ends shall be separated from each other by a 
distance of not less than eight inches. 

Section 5. So much of any act as is inconsistent here- 
with is hereby repealed. 

Section 6. This act shall take efi^ect uj)on its passage. 

Approved April 30, 1906. 

Chap. 34:1 -^^ -^CT TO PROVIDE FOR CORRESPONDENCE BY LETTER BETWEEN 
THE STATE BOARD OF CHARITY AND INMATES OF INSTITU- 
TIONS UNDER ITS SUPERVISION. 

Be it enacted, etc., as follows: 

certaiulnfe^ti- ^^^ iumatcs of auv institution under the su})ervision of 

tutions, rights, the State board of charity shall be allowed, subject to the 
regulations of the board, to write freely to the board, and 
letters so written shall be forwarded, unopened, by the 
superintendent or person in charge of the institution to 
said board for such disposition as it shall consider right, 
and the board may send any letters or other communica- 
tions to any inmates of any such institution whenever it 
may consider it proper so to do. 

Approved April SO, 1906. 



ChapM2 



n. L. 173, § 76, 
rt'iiealed. 



R. L. 173, § I 
amended. 



Appeal to full 
court. 



An Act relative to practice in legal proceedings. 
Be it enacted, etc., as follows: 

Section 1. Section seventy-six of chapter one hundred 
and seventy-three of the Revised Laws is hereby rej^ealed. 

Section 2. Section ninety-six of said chapter one hun- 
dred and seventy-three is hereby amended by striking out 
the words " except a judgment rendered upon an answer 
in abatement or upon a motion to dismiss for defect of 
form of process or ", in the sixth, seventh and eighth lines, 
so as to road as follows : — Section 96. A party who is 
aggrieved by a judgment of the superior court upon a de- 
murrer which alleges that the facts stated in the plead- 
ings demurred to do not in law support or answer the 
action, if such pleadings are not amended, or a party who 



Acts, 1906. — Chap. 342. 311 

is aggrieved by any other judgment founded upon matter 
of law apparent on the record in any proceeding, except 
a judgment rendered by three justices under the provi- 
sions of section five of chapter one hundred and iifty-seven, 
may appeal therefrom to the supreme judicial court. An 
issue of law joined in the superior court shall not be waived 
by consent of parties after such appeal has been entered in 
the supreme judicial court, but that court may, for good 
cause, allow the parties to withdraw or amend their plead- 
ings, and, if they result in an issue of fact, the case shall 
be remanded to the su]:)erior court for trial ; but no execu- 
tion shall issue wpon the judgment appealed from, unless 
the appeal is waived, until the ease shall have been so re- 
manded. An apjieal from a judgment rendered upon a 
demurrer or upon a case stated shall be claimed within 
thirty days after the entry of such judgment. 

Section 3. Section one hundred and six of said chap- R. l. its, § loe, 
ter one hundred and seventy-three is hereby amended by 
striking out the words " and except upon answers in abate- 
ment or motions to dismiss for defect of form of process ", 
in the eighth, ninth and tenth lines, so as to read as fol- 
lows: — Section 106. Exceptions may be alleged by any Exceptions, 
party who is aggrieved by an opinion, ruling, direction or 
judgment of the supreme judicial court or of the superior 
court which is rendered upon any matter of law in any 
civil cause, according to the course of the common law or 
otherwise, tried by a jury or heard by the court, or upon 
a motion for a new trial, except in actions tried by three 
justices of the superior court under the provisions of sec- 
tion five of chapter one hundred and fifty-seven. The 
exceptions shall be reduced to writing and filed with the 
clerk, and notice thereof shall be given to the adverse 
party, in civil cases tried by a jury, within twenty days 
after the verdict is rendered, and in cases tried without a 
jury, within twenty days after the notice of the decision 
has been received, unless further time is allowed by the 
court. The clerk, immediately on the filing of the excep- 
tions, shall present them to the court, and if, upon exam- 
ination thereof by the presiding justice, after hearing the 
parties, the exceptions are found conformable to the truth, 
they shall be allowed by him. 

Section 4. This act shall not affect cases pending be- no°aff°fted^^^ 
fore the courts at the date of its enactment. 

Approved April 30, 1906. 



312 



Acts, 1906. — Chap. 343. 



The town of 
Milford may 
construct a 
system of 
sewerage, et«. 



CAap.343 An Act to authorize the toavx of milford to construct 

A SYSTEM OF SEWERAGE. 

Be it enacted, etc., as follows: 

Section 1. The towii of Milford is hereby authorized 
to lay out, construct, maintain and operate a system or 
systems of main drains and common sewers for a part or 
for the wdiole of its territory, wath such connections and 
other works as may be required for a system of sewage 
disposal ; and, for the purpose of providing better surface 
or other drainage, guarding against pollution of waters, 
and otherwise protecting the public health, may lay, make 
and maintain such main drains as it deems best. For the 
purposes aforesaid the town may, within its limits, deepen, 
widen and clear of obstruction any brook, stream or water 
course, and straighten or alter the channels or divert the 
waters thereof, and may lay, make and maintain sub- 
drains, and, with the approval of the state board of health, 
discharge the w^ater into any brook, stream or water course 
within the town. 

Section 2. Said town shall elect a board to consist 
of three commissioners, to be called sewer commissioners of 
the towTi of Milford, who shall be citizens and residents of 
the towm and shall be elected by ballot at an annual meet- 
ing of the town, one commissioner to hold office for one 
year, one for two years and one for three years, respec- 
tively, from the date of the annual town meeting at which 
he is elected, and until his successor is elected and quali- 
fied ; and at each annual town meeting thereafter the town 
shall elect one member of the board to serve for three 
years or until his successor is elected and qualified. If a 
vacancy occurs in the board the town may at a meeting 
called for the purpose elect a person duly qualified to fill 
the vacancy. 

Section 3. Said board of commissioners, acting in be- 
half of the town, shall have power to acquire, by purchase 
or otherwise, any lands in fee and any water rights, rights 
of Avay and easements in said town, public or private, 
necessary for any of the purposes mentioned in this act, 
and may construct within the town such main drains and 
sewers under or over any water course, bridge, railroad or 
way, or within the location of any railroad or railway, and 
may enter upon and dig up any private land, street or 



Sewer com- 
missioners, 
election, 
terms, etc. 



Vacancv. 



May acquire 
lands, water 
rights, etc. 



Acts, 1906. — Chap. 343. 313 

way, or railroad or railway location, for the pur|X)se of 
laying such main drains and sewers, and of maintaining 
and repairing the same, and may do any other thing neces- 
sary or proper for the pnrix)ses of this act: lyrovided, how- Proviso. 
ever, that said commissioners shall not take in fee any land 
of a railroad corporation, and that they shall not enter 
upon or construct any drains or sewers within the location 
of any railroad corjx)ration, except at such time and in 
such manner as they may agree upon with such corpora- 
tion, or, in case of failure to agree, as may be approved by 
the board of railroad commissioners. 

Section 4. Said board, in order to take any lands in Description 

of Uiiids etc 

fee, water rights, rights of way or easements otherwise than to iJe recorded, 
by purchase or agreement, shall cause to be recorded in the 
registry of deeds for the Worcester district of the county 
of Worcester, a statement signed by a majority of the 
board, containing a description thereof as certain as is 
required in a conveyance of land, and specifying that the 
same are taken under authority of this act; and upon such 
recording the title in the lands, water rights, rights of way 
or easements described in such statement shall vest in the 
town of Milford, which shall pay all damages therefor 
and all other damages which shall be sustained by any 
person or corporation through any action of said board 
under this act. Said board at the time of such taking shall I'aniages. 
notify the owners thereof in writing, and may agree with 
any person or corporation injured hereunder, upon the 
damages sustained by such person or corporation ; and if 
the damages are not agreed upon, a jury in the superior 
court for said county may be had to determine the same, 
upon petition of either party, in the manner provided by 
law for determining the damages for land taken for the 
laying out of highways ; l)ut in case of a taking no suit or 
petition shall be brought after the expiration of two years 
from the date of the recording of the taking as herein pro- 
vided ; and in all other cases no suit or |:>etition shall be 
brought after the expiration of two years from the time 
when the cause of action accrues. 

Section 5. In every case of a petition for the assess- To\m may 
ment of damages or for a jury said town may at any time fled sum for 
file in the office of the clerk of the court an offer in writing ''*""^^^- 
to pay the petitioner a sum therein s]^)ecified as damages; 
and if the petitioner does not accept the same within thirty 
days after notice of such offer, and does not finally re- 



3M 



Acts, 190G. — Chap. 343. 



Milford 

Sewerage 
Loan. 



Annual 
payments 
on loan. 



Payment of 
loan, etc. 



cover a sum greater than that offered, not including in- 
terest from the date of the offer on the sum so recovered, 
the town shall recover costs from the date of such notice, 
and the petitioner, if he does not recover damages to an 
amount greater than the amount specified in said offer, 
shall be entitled to costs only to said date. 

Section 6. The town of Milford, for the purpose of 
paying the necessary expenses and liabilities incurred under 
this act, may incur indebtedness to an amount not exceed- 
ing one hundred and fifty thousand dollars, and may issue 
from time to time therefor bonds or notes ; and the debt 
and loan authorized by this act and the bonds or notes 
issued therefor shall not be reckoned in determining the 
statutory limit of indebtedness of the town. Such bonds 
or notes shall bear on their face the words, Milford Sewer- 
age Loan, shall be payable within periods not exceeding 
thirty years from the dates of issue, and shall bear interest 
j^ayable semi-annually at a rate not exceeding four per 
cent per annum. They shall be signed by the treasurer of 
the town and countersigned by a majority of the select- 
men. The town may from time to time sell such securi- 
ties, or any part thereof, at public or private sale, provided 
they shall not be sold for less than the par value thereof. 
The proceeds thereof shall be retained in the treasury and 
the treasurer shall uix)n the order of said board of com- 
missioners pay therefrom the expenses incurred for the 
purposes aforesaid. 

Section 7. The town shall at the time of authorizing 
the said loan provide for the payment thereof in such an- 
nual payments as will extinguish the same within the time 
prescribed in this act; and when a vote to that effect has 
been passed the amount required thereby, less the amount 
that may be appropriated therefor as provided in the fol- 
lowing section, shall without further vote be assessed by the 
assessors of the town in each year thereafter, in the same 
manner in which other taxes are assessed under the pro- 
visions of section thirty-seven of chapter twelve of the 
Revised Laws, until the debt incurred by the to^vn is ex- 
tingiiished. 

Section 8. The receipts from sewer assessments and 
from payments made in lieu thereof, and the premiums, 
if any, received from the sale of bonds or notes issued 
under authority of this act, shall be applied by the board 



Acts, 1906. — Chap. 343. 315 

of sewer commissioners to the payment of charges and ex- 
penses incident to the maintenance and ojjeration of said 
systems of sewerage, or to the extension thereof, except 
that the town may apply any part of such receipts to the 
payment of the interest upon bonds or notes issued under 
authority of this act and not otherwise provided for, or 
to the payment or redemption of such bonds or notes, as 
the town shall by vote determine, and the said receipts 
shall be used for no other purpose. If such receipts shall 
not in any year be sufficient for the purposes aforesaid 
the town shall raise forthwith by taxation, in the same 
manner in which money is raised and appropriated for 
other town purposes, the balance required therefor. 

Section 9. Said board of commissioners shall annuallv commis- 

, , , . , • 1 T j_ "f sioners to 

appoint a clerk, and may apix)int a suijerintendent oi appoint a 
sewers, and may remove said clerk or suj^erintendent at ^^^'^ '^'^' 
its pleasure. The compensation of the commissioners shall 
be fixed by the town. 

SECTioisr 10. All contracts made by said board of com- Contracts, 
missioners shall be made in the name of the town and 
shall be signed by the board ; but no contract shall be made 
or obligation incurred by the commissioners for any pur- 
pose in excess of the amount of money appropriated by 
the town therefor. 

Section 11. Said commissioners may from time to commis- 
time prescribe rules and regulations for the connecting make rules 
of estates and buildings with main drains and sewers, and tions^^tc.'^" 
for the insjjection of the materials, the construction, alter- 
ation and use of all connections and drains entering into 
such main drains or sewers, and may impose penalties not 
exceeding twenty dollars for each violation of any such 
rule or regulation. Such rules or regulations shall be pub- 
lished not less than once a week for three successive weeks 
in some newspaper published in the town of Milford, if 
there be any, and if not, then in some newspaper published 
in the county of Worcester, and shall not take effect until 
such publication has been made. 

Section 12. iSTo act shall be done under authority of app?oved*by 
the preceding sections until the plans for said system of of ^eauh'^'^ 
sewerage have been approved by the state board of health. 
Upon application to said board for such approval the board 
shall give a hearing, after due notice to the public. At 
such hearing plans showing in detail all the work to be 



316 



Acts, 1906. — Chap. 344. 



Town may 
commence 
construction. 



When to take 
effect. 



done in constructing said system of sewerage shall be sub- 
mitted for the approval of the state board of health. 

Section 13. Until said board of commissioners shall 
have been elected as provided in this act, the toMTi may 
carry on the construction of its system of sewerage by a 
duly authorized committee of the to"\vn, but for a period 
not longer than until the annual meeting next but one after 
the commencement of said work of construction. Said com- 
mittee shall serve without pay and shall have all the powers 
and authority given to the board of sewer commissioners 
in this act or by the general laws relating to boards of 
sewer commissioners. 

Section 14. This act shall take effect upon its passage, 
but no expenditure shall be made and no liability incurred 
hereunder until this act has been accepted by vote of a ma- 
jority of the voters of said town voting thereon at a legal 
meeting called for the purpose. Approved May 1, 1906. 



Chap.su 



Persons acting 
in a fiduciary 
capacity, etc., 
may petition 
the land court 
for authority to 
make certain 
transfers, etc. 



Court to 
determine 
authority, etc. 



Certain 
provisions 
of law to 
apply. 



An Act to confer upon the land court jurisdiction to 
determine certain questions relating to written in- 
STRUMENTS purporting to AUTHORIZE THE SALE, CON- 
VEYANCE, MORTGAGE OR TRANSFER OF REAL ESTATE. 

Be it enacted, etc., as follows: 

Section 1. Any person having, in a representative or 
fiduciary capacity or otherwise, a power or authority, cre- 
ated by any written instrument, to sell, convey, mortgage 
or otherwise transfer any interest in real estate, may file 
a petition in the land court, setting forth the act or acts 
which he proposes to do by virtue of such power or au- 
thority, and praying that his power or authority under 
such written instrument to do such act or acts may be 
established. 

Section 2. Upon such petition, after such notice as the 
court may direct, the court may determine the existence 
and extent of the power or authority of the petitioner to 
do such act or acts, including the existence of the necessity 
for its exercise and also any other fact or circumstance 
that may be required for the exercise of such power or 
authority. 

Section 3. Tlie provisions of chapter four hundred 
and forty-eight of the acts of the year nineteen hundred 
and four, and the procedure established thereby for pro- 



Acts, 1906. — Chaps. 345, 346. 317 

ceedings under said chapter, shall apply to proceedings 
nnder this act so far as the same may be applicable. 

Section 4. This act shall take effect upon its passage. 

Approved May 2, 1006. 

An Act relative to hawkers and pedlers. Chan.34:5 

Be it enacted, etc., as follows: 

Section fifteen of chapter sixty-five of the Revised Laws, r. l. es, § 15, 
as amended by chapter three hundred and seventy-seven -'^^^^ ^ 
of the acts of the year nineteen hundred and five, is hereby 
amended by striking out the said section and inserting in 
place thereof the following: — Section 15. Hawkers and SdYerTmay*^ 
pedlers may sell without a license books, newspapers, pam- ^®"^|^^.'?*^ 
phlets, fuel, provisions, ice, live animals, brooms, agricul- ucense. 
tural implements, hand tools used in making boots and 
shoes, and the products of their own labor or of the labor 
of their families, including among such products fruits 
and agricultural products, if such sale is not made in vio- 
lation of an ordinance or by-law of the city or town. 
Cities and towns, may by ordinance or by-law^ not incon- cities and 
sistent with the provisions of this chapter regulate the reguiate'saies. 
sale and exposing for sale by hawkers and pedlers of said 
articles, and may affix penalties for the violation of such 
regulations ; and may require hawkers and pedlers of fruit 
and vegetables to be licensed, provided that the license fee 
does not exceed that prescribed by section nineteen of 
chapter sixty-five of the Revised Laws for a license em- 
bracins; the same territorial limits. But a person ens-aged Certain 

1 '^ • c -1 1 1 n c • 1 persons may 

m tlie pursuit 01 agriculture who pedales iriiits and vege- seii fruit and 
tables shall not be deemed a hawker or pedler under the etc! 
provisions of this chapter. Approved May 3, 1906. 

An Act relative to penalties or forfeitures for fail- nijnj) 31(3 

URE TO FILE REPORTS AND CERTIFICATES OF CONDITION AND ^ ' 

TAX RETURNS. 

Be it enacted, etc., as follows: 

Section 1. Section forty-nine of chapter four hundred aml'n^ed^*^' 
and thirty-seven of the acts of the year nineteen hundred 
and three is hereby amended by inserting after the word 
" continues ", in the fourteenth line, the words : — or any 
other sum, not greater than the maximum penalty or for- 
feiture, which the court may deem just and equitable, — 



318 



Acts, 1906. — Chap. 3i6. 



Penalty for 
failure" to 
tile rei>ort 
of condition, 
etc. 



Decree of 
dissolution 
may issue, 
etc. 



1903, 437, § 68, 
amended. 



Penalty on 
foreign cor- 
poration, etc. 



SO as to read as follows: — Section J^d. If a corporation 
fails to file its report of condition within thirty days after 
the date of its annual meeting or of a final adjournment 
thereof, or its tax retnrn before the tenth day of May of 
each year, the commissioner of corporations or the tax 
commissioner, as the case may be, shall give notice by 
mail, postage prepaid, to such corporation of its default. 
If it omits to file such report or return within thirty days 
after such notice of default has been given, it shall forfeit 
to the Conmionwealth not less than five nor more than ten 
dollars for each day for fifteen days after the expiration of 
the said thirty days, and not less than ten nor more than 
two hundred dollars for each day thereafter during w^hich 
such default continues, or any other sum, not greater than 
the maximum penalty or forfeiture, which the court may 
deem just and equitable. If a corporation fails for two 
successive years to file its annual report of condition, the 
supreme judicial court, upon application by the commis- 
sioner of corporations, after notice and a hearing, may 
decree a dissolution of the corporation. 

Section 2. Said chapter four hundred and thirty- 
seven is hereby further amended by striking out section 
sixty-eight and inserting in place thereof the following: — 
Section 68. If a foreign corporation of the classes de- 
scribed in section fifty-eight omits to file the certificate 
required by section sixty-six, the commissioner of corpo- 
rations shall give notice to the corporation of its default, 
by mail, postage prepaid, directed to the resident manager, 
if any, in the United States, or to any other person desig- 
nated by the corporation, by written notice filed in the 
ofiice of the commissioner, as provided in section fifty-nine 
for notice of the service of legal process. If it fails to 
file such certificate within thirty days after such notice 
of default has been mailed, it shall forfeit to the Com- 
monwealth not less than five nor more .than ten dollars for 
each day for fifteen days after the expiration of the said 
thirty days, and not less than ten nor more than two hun- 
dred dollars for each day thereafter during which such 
omission continues, or any other sum, not greater than 
the maximum penalty or forfeiture, which the court may 
deem just and equitable, which shall be recovered as pro- 
vided in section fifty. 

Section 3. This act shall take effect upon its passage. 

Approved May 3, 1906. 



Acts, 1906. — Chap. 347. 319 



An Act relative to foreign banking associations or cor- CJiap.34:7 

PORATIONS. 

Be it enacted, etc., as follows: 

Section 1. No foreign banking association or corpora- Certain foreign 
tion shall hereafter be admitted to transact business in associations 
this Commonwealth until such association or corporation business 
has received a certificate from the board composed of the mfssi'ou.^e'tc. 
bank commissioner, the treasurer and receiver general and 
the commissioner of corporations giving it authority to 
transact business in this Commonwealth, which certificate 
the said board is hereby authorized to grant. Any foreign 
banking association or corporation transacting business in 
this Commonwealth shall become subject to the su]iervision 
of the bank commissioner, and shall annually, within thirty 
days after the last business day of October, and at other 
times during each year on any past day to be specified by 
the commissioner, make to him in such form as may be pre- 
scribed by him a return, signed and sworn to by the treas- 
urer or corresponding ofiicer of the corporation, showing 
accurately the condition thereof at the close of business on 
said day. The president and a majority of the directors 
shall certify and make oath that the report is correct ac- 
cording to their best knowledge and belief. 

Section 2. The bank commissioner, shall annually at ^x^imination 
least, and as much oftener as he may deem expedient, ex- ^•*- 
amine, either personally or by a competent examiner whom 
he shall appoint, every such association or corporation and 
thoroughly inspect and examine its affairs to ascertain its 
financial condition and whether it has complied with all 
provisions of law. The proper charges incurred by reason 
of any such examination shall be paid by the association 
or corporation examined. 

Section 3. For the purposes aforesaid, the bank com- Bankcommis- 
missioner or the person making the examination shall have access to 
free access to the vaults, books and papers of any such asso- ^'*^ ^' ^ °' 
elation or corj^oration, and may summon the directors, 
oflicers or agents thereof, and such other witnesses as may 
be deemed necessary, for examination relative to the 
affairs, transactions and condition of such association or 
corporation, and for that purpose is hereby empowered to 
administer oaths. 

Section 4. If, upon examination, it appears that such ^udlchdliourt 
association or corporation is insolvent, or that its capital dkuVn, et"^' 



320 



Acts, 1906. — Chap. 348. 



Receivers. 



Repeal. 



is impaired, or that its condition is such as to render the 
continuance of its business hazardous to the public or to 
those having funds in its custody, the bank commissioner 
shall apply, or, if such association or corporation appears 
to have exceeded its powers or failed to comply with any 
provision of law, may apply to the supreme judicial court, 
which shall have jurisdiction in equity on such application, 
to issue an injunction restraining such association or cor- 
poration, in whole or in part, from further proceeding with 
its business, and to make such further order or decree as 
justice and equity may require. The court may appoint 
one or more receivers to take possession of its property and 
effects, subject to such directions as may from time to time 
be prescribed by the court. 

Section 5. Chapter four hundred and sixty-three of 
the acts of the year nineteen hundred and two is hereby 
repealed. 

Section 6. This act shall take effect upon its passage. 

Approved May 3, 1906. 



Chap.^4S An Act relative to the corporate membership of the 

WORCESTER POLYTECHNIC INSTITUTE. 



1865, 214, § 1, 
amended. 



Worcester 
County Free 
Institute of 
Industrial 
Science, etc. 



Be it enacted, etc., as follows: 

Section 1. Section one of chapter two hundred and 
fourteen of the acts of the year eighteen hundred and sixty- 
five, being " An Act to incorporate the Worcester County 
Free Institute of Industrial Science ", the name of which 
was changed by chapter three hundred and five of the acts 
of the year eighteen hundred and eighty-seven to the 
Worcester Polytechnic Institute, is hereby amended by 
striking out the words '' more than twelve ", in the last 
line, and inserting in place thereof the words : — less than 
twelve members nor more than fifteen, — so as to read as 
follows: — Section 1. George F. Hoar, Seth Sweetser, 
their associates and successors, are hereby made a body 
corporate, by the name of the Worcester County Free 
Institute of Industrial Science, for the purpose of estab- 
lishing and maintaining in the city of Worcester, an insti- 
tution to aid in the advancement, development and practical 
application of science, in connection with arts, agriculture, 
manufactures, mercantile business and such other kindred 
branches of practical education as said corporation shall 



Acts, 1906.— Chap. 349. 321 

determine ; witli all the powers and privileges, and subject 

to all the duties and liabilities set forth in all laws which 

now are or may hereafter be in force, and applicable to 

such corj^orations. The mayor of the city of Worcester, Membership 

for the time being', shall, ex officio, be a member of said 

corporation, and one member shall be appointed by the 

board of education, from time to time, as a vacancy may 

occur; and said corporation sliall not consist of less than 

twelve members nor more tlian fifteen members at any one 

time. 

Section 2. This act shall take effect upon its passage. 

Approved May 3, 1906. 

An Act relative to petitions for the abatement of C7iap.343 

TAXES. 

Be it enacted, etc., as follows: 

Section 1. Section sixty-seven of chapter fourteen of aniended? *^"' 
the Revised Laws is hereby amended by adding at the end 
thereof the following : — In case said tax or excise has 
heretofore been exacted or is hereafter exacted in conse- 
quence of any law or statute of any other state of the 
United States, then the application above provided for may 
be made at any time within six years after the exaction of 
said tax or excise or any portion thereof, — so as to read 
as follows: — Section 67. Anv corporation or association vaudityof 
aggrieved by the exaction of said tax or excise or of any determined 
portion thereof may, within six months after the payment jiKiiciai*court, 
of the same, wdiether such payment be after or before the ^^' 
issue of the warrant mentioned in the preceding section, 
apply by petition to the supreme judicial court, setting 
forth the amount of the tax or excise and costs thereon so 
paid, the general legal grounds and the specific grounds in 
fact, if any, upon which it is claimed such tax or excise 
should not have been exacted. Said petition shall be the 
exclusive remedy and shall be entered and heard in the 
county of Suffolk. A copy of the same shall be served 
upon the treasurer and receiver general and upon the attor- 
ney-general. The proceedings upon such jietition shall 
conform, as nearly as may be, to proceedings in equity, 
and an abatement shall be made of only such portion of 
the tax or excise as was assessed without authority of law. 
In case said tax or excise has heretofore been exacted or is 



322 



Acts, 1906. — Chap. 350. 



hereafter exacted in consequence of any law or statute of 
any other state of the United States, then the application 
above provided for may be made at any time within six 
years after the exaction of said tax or excise or any portion 
thereof. 

Sectioi^ 2. This act shall take effect ujDon its passage. 

Approved May 3, 1906. 



Chap.350 An Act making appropriations for the compensation 

AND EXPENSES OF THE COMMISSIONERS ON FISHERIES AND 
GAME. 

Be it enacted, etc., as follows: 

Section 1. The sums hereinafter mentioned are appro- 
I^riated, to be paid out of the treasury of the Common- 
wealth from the ordinary revenue, for the purposes 
specified, for the eleven months ending on the thirtieth 
day of ^November, nineteen hundred and six, to wit : — 

For the compensation of the commissioners on fisheries 
and game, a sum not exceeding fifty-one hundred sixty 
dollars and eighty-three cents. 

For travelling and other necessary expenses of the com- 
missioners on fislieries and game, including the printing 
and binding of the annual report, a sum not exceeding 
twenty-five hundred twenty dollars and eighty-four cents. 

For clerical services in the ofiice of the commissioners on 
fisheries and game 
ninety-three dollars and seventy-five cents 

For the enforcement of the laws relating to fislieries and 
game and the propagation and distribution of fish, birds 
and other animals, for running ex])euses, and for rent and 
maintonauce of hatcheries, a sum not exceeding thirty-one 
thousand eiglit hundred seventeen dollars and fifty cents. 

For the expense of stocking great ponds with food fish, 
a sum not exceeding four lunidred fifty-eight dollars and 
thirty-three cents. 

For the expense of stocking brooks with food fisli, a sum 
not exceeding one hundred dollars. 

For the expenses of an investigation as to the propaga- 
tion of oysters, a sum not exceeding five hundred dollars. 

For the expenses of an investigation as to the propaga- 
tion of quahaugs, a sum not exceeding five hundred dol- 
lars. 



Appropria- 
tions. 



Commis- 
sioners on 
fislieries and 
game. 

Expenses. 



Clerical 

services. 



Enforconient 
of laws, etc. 



Stocking great 
ponds. 



Stocking 
brooks. 



Propagation 
of oysters. 



Quahaugs. 



a sum not exceeding eight hundred 



Acts, 190(5. — Chaps. 351, 352. 323 

For the expenses of a survey of an area available for the ciams. 
propagation of clams, a sum not exceeding five hundred 
dollars. 

Section 2. This act shall take effect upon its passage. 

Approved May 3, 1906. 

An Act to establish the office of clerk of the police (JJidj) 351 

COURT OF WILLIAMSTOWN, ^ ' 

Be it enacted, etc., as follows: 

Section 1. There shall be appointed bv the governor, office of clerk 
with the advice and consent of the council, a clerk of the of Ovinia nis"*^ 
police court of WilliamstovTi, whose salary shall be three Ifshedi^efc! 
fifths of the salary of the justice thereof, and who shall 
perforin the services and have the powers now prescribed 
by law in the case of clerks of like courts in this Common- 
wealth. 

Section 2. This act shall take effect upon its passage. 

Approved May 3, 1906. 

An Act relative to the class of epileptics eligible for njin^ 359 

ADMISSION TO THE MASSACHUSETTS HOSPITAL FOR EPILEP- ^ ' 

TICS. 

Be it enacted, etc., as follows: 

Section 1. Section sixty-six of chapter eighty-seven of R.l.87,§66, 
the Revised Laws is hereby amended by striking out the 
words " an idiot ", in the second line, so as to read as fol- 
lows : — Section 66. A person of the age of fourteen years commitment 
or over who is subject to epilepsy, if he is not a criminal, '** •^p^^^'p^i'^^- 
inebriate or violently insane, may be received for care and 
treatment in the Massachusetts hospital for epileptics by 
the trustees thereof or may, if insane, be committed thereto. 
The state board of insanity may also transfer to said hos- 
pital any such epileptic who has been committed to an 
insane hospital, or if it has reason to believe that he is 
deprived of proper care and treatment, may cause any such 
epileptic confined in an almshouse or other place at the 
public charge or otherwise to be transferred or committed 
thereto. 

Section 2. This act shall take effect upon its passage. 

Approved May 3, 1906. 



324 



Acts, 1900. — Chap. 358. 



Chap.S5d An Act to authorize the Massachusetts highway com- 
mission TO MAKE RULES AND REGULATIONS CONCERNING 
AND OPERATION OF AUTOMOBILES AND MOTOR 



The Massa- 
chusetts high- 
way com- 
mission may 
make rules, 
etc., governing 
the use of 
automobiles, 
etc. 



Rules, etc., to 
be subject to 
approval of 
the governor. 



Penalty. 



Certain 
powers of the 
metropolitan 
park commis- 
sion not 
affected. 



THE USE 
CYCLES. 

Be it enacted, etc., as folJotvs: 

Section 1. The Massachusetts highway commission 
may from time to time prepare rules and regulations gov- 
erning the use and operation of automohiles and motor 
cycles. Such rules and regulations shall be in addition to 
any rules and regulations already written in the certifi- 
cates and licenses issued by said commission under author- 
ity of chapter four hundred and seventy-three of the acts 
of the year nineteen hundred and three and of acts in 
amendment thereof. Said commission may from time to 
time alter, rescind, or add to any rules and regulations 
previously made by it. 

Section 2. The rules and regulations specified in sec- 
tion one, and any changes therein, shall take effect when 
approved by the governor and council, and publislied in at 
least one newspaper printed and published in each county 
of the Commonwealth, and such publication shall be suffi- 
cient notice to all persons. The sworn certificate of any 
member of said commission or of its secretary that said 
rules and regulations have been published as herein pro- 
vided shall be prima facie evidence thereof. A copy of 
such rules and regulations attested by any member of the 
commission or by its secretary shall be prima facie evidence 
that they have been made by the commission and approved 
by the governor and council as provided by law. 

Section 3. Any person convicted of operating an auto- 
mobile or motor cycle in violation of any rule or regulation 
made under authority of this act may be punished by a fine 
not exceeding twenty-five dollars for a first offence, not 
exceeding fifty dollars for a second offence and not exceed- 
ing one hundred dollars for subsequent offences. 

Section 4. This act shall not be construed as giving 
the Massachusetts highway commission power to regulate 
the sj^eeds at which motor vehicles may be operated on the 
])ublic ways, or to affect the statutory authority of the 
metropolitan park commission or of the park commission 
of any city or town to make rules and regulations govern- 
ing the use of automol)i]es and motor cycles on lands, road- 
ways and parkways under its care and control. 

Approved May 3, 1906. 



Acts, 1906. — Chaps. 354, 355. 325 

An Act relative to the AMERicAisr college for girls at Chap.354: 

CONSTANTINOPLE IN TURKEY. 

Be it enacted, etc., as follows: 

Section 1. Section one of chapter thirty-one of the i89o, 31, § 1, 
acts of the year eighteen hundred and ninety is hereby ^'"^" 
amended by striking out the last sentence thereof, so as 
to read as follows: — Section 1. Sarah L. Bowker, Pan- The American 
line A. Durant, J. Augusta Smith, Caroline Borden, their o^ris^ft °' 
associates and successors, are hereby constituted a body in°Turkey"*'^* ^ 
corporate by the name of The American College for Girls incorporated, 
at Constantinople in Turkey, with power to maintain an 
institution for the education of girls ; and they and their 
successors, and such persons as shall be duly elected mem- 
bers of such corporation, shall be and remain a body 
corj3orate by that name forever; and for the orderly con- 
ducting of the business of said corporation, the members 
of said corporation shall have the power and authority, 
from time to time, to elect a president, vice-president, sec- 
retary and treasurer, a board of trustees, and such other 
officers of said corporation as may be found necessary, to 
declare the duties and tenures of their respective offices, 
and also from time to time to elect new members of the 
said corporation. 

Section 2. This act shall take effect upon its passage. 

Approved May 3, 190G. 



An Act to establish the salaries of the officers in njfr/j. Q55 

ATTENDANCE AT THE CIVIL SESSIONS OF THE MUNICIPAL "' 

court OF THE CITY OF BOSTON, AND TO MAKE ALLOWANCE 
FOR THEIR UNIFORMS. 

Be it enacted, etc., as follows: 

Section 1. The court officers in attendance at the ses- salaries of 
sions of the municipal court for civil business in the city o^the'iiiuni'cf-'^^ 
of Boston shall each receive an annual salary of fifteen jjf jj^g^on 
hundred dollars, to be paid from the treasury of the county established, 
of Suffolk in monthly instalments, in full for all services 
performed by them. 

Section 2. Section one of chapter three hundred and y^en^ed^^' 
sixty-eight of the acts of the year nineteen hundred and 
two is hereby amended by inserting af-ter the word " of ", 
at the end of the second line, the words : — civil and, — 



326 



Acts, 1900. — Chap. 356. 



Officers to 
wear uni- 
forms. 



Repeal. 



SO as to read as follows: — Section 1. The officers in at- 
tendance at the municipal conrt of the city of Boston for 
the transaction of civil and criminal business shall, while 
on duty in said conrt, wear uniforms to be designated by 
the justices of said court, and for such uniforms shall be 
allowed and paid by the county of Suffolk the sum of one 
hundred dollars each annually in addition to their salaries 
as such officers. 

Section 3. So much of section sixty-seven of chapter 
one hundred and sixty of the Revised Laws as is incon- 
sistent herewith is hereby repealed. 

SECTiOiSr 4. This act shall take effect upon its passage. 

Approved May 3, 19UG. 



CJiap.35(j ^^^ -^CT RELATIVE TO THE DISCHARGE OF SAWDUST INTO 

STREAMS. 



R. L. 91, § 8, 
amended. 



Discharge 
of sawdust 
into streams. 



J3e it enacted, etc., as folloivs: 

Section 1. Section eight of chapter ninety-one of the 
Revised Laws is hereby amended by striking out the word 
" shall ", in the fifth line, and inserting in place thereof 
the word : — may, — by inserting after the w^ord " time ", 
in the ninth line, the following: — Before any such order 
is made said commissioners shall, after reasonable notice 
to all parties in interest, give a public hearing in the 
county where the sawmill to be affected by the order is 
located, at which hearing any citizen shall have a right to 
be heard on the questions to be determined by the commis- 
sioners. Upon petition of any party aggrieved by such 
order, filed within six months after the date thereof, the 
superior court, sitting in equity, may, after such notice as 
it shall deem sufficient, hear all interested parties and 
annul, alter or affirm said order, — and by inserting after 
the word " commissioners ", in the twelfth line, the words : 
— or of said court, if an appeal is taken, — so as to read 
as follows: — Section 8. If the commissioners determine 
that the fish of any brook or stream in this Commonwealth 
are of sufficient value to warrant the prohibition or regu- 
lation of the discharge therein of sawdust from sawmills, 
and that the discharge of sawdust from any particular saw- 
mill materially injures such fish, they may, by an order 
in writing to the owner or tenant of such sawmill, prohibit 
or regulate the discharge of sawdust therefrom into such 
brook or stream. Such order may be revoked or modified 



Acts, 190G. — Chap. 357. 327 

bj them at any time. Before any such order is made said 
commissioners shall, after reasonable notice to all parties 
in interest, give a public hearing in the county where the 
sawmill to be affected by the order is located, at which 
hearing any citizen shall have a right to be heard on the 
questions to be determined by the commissioners. Upon 
petition of any party aggrieved by such order, filed witliin 
six months after the date thereof, the superior court, sitting 
in equity, may, after such notice as it shall deem sufficient, 
hear all interested parties and annul, alter or affirm said 
order. Whoever, having been so notified, discharges saw- 
dust or suffers or permits it to be discharged from a saw- 
mill under his control into a brook or stream in violation 
of the order of said commissioners, or of said court, if an 
appeal is taken, shall be punished by a fine of not more 
than twenty-five dollars. 

Section 2. Any j^erson aggrieved by an order made Hearing to 
by the commissioners on fisheries and game relative to the ^^s^^^"^- 
discharge of sawdust into streams, under the provisions of 
section eight of said chapter ninety-one, and in force at 
the date of the passage of this act, shall be entitled, upon 
application to the commissioners on fisheries and game, to 
a public hearing and petition to the superior court, as pro- 
vided in section one hereof. 

Section 3. This act shall take effect upon its passage. 

Approved May 4, 1906. 

An Act to abolish the board of sewer commissioners or ni^nrt 357 

THE TOWN OF WINCHESTER. "' 

Be it enacted, etc., as follows: 

Section 1. The board of sewer commissioners of the Board of 
town of Winchester is hereby abolished and the powers fi^j^ssioners' 
and duties now pertaining to that board shall hereafter ^f y^\'Jci^ester 
pertain to the w^ater board of said town, wdiich shall be aboUshed. 
called the w^ater and sewer board. 

Section 2. ISTo contracts, rights, liabilities, takings, contracts, etc., 
assessments, suits, or other matters now existing or pend- ^^ot affected, 
ing shall be affected by this act, but said water and sewer 
board shall in all respects and for all purposes be the law- 
ful successors of said board of sewer commissioners. 

Section 3. This act shall take effect upon its accept- when to take 
ance by the voters of said town voting thereon at a legal 
meeting called for the purpose. 

Approved May I^, 1906. 



328 



Acts, 1906. — Chaps. 358, 359. 



The town of 
Scituate may 
refund its 
indebtedness. 



Chap.358 Ax Act to authorize the town of scituate to refund a 

PART OF ITS indebtedness AND TO ISSUE BONDS THEREFOR. 

Be it enacted, etc., as follows: 

Section 1. The town of Scituate, for the purpose of 
refunding its indebtedness contracted under chapter sixty- 
five of the acts of the year eighteen hundred and sixty- 
seven, in order to aid in the construction of the South 
Shore, Duxburv and Cohasset railroad, and also for the 
purpose of refunding certain indebtedness contracted for 
the construction of schoolhouses and highways and for 
other purposes, is hereby authorized to borrow money to 
an amount not exceeding ninety-four thousand two hundred 
dollars, and to issue therefor notes or bonds. Such notes 
or bonds shall be payable not later than the first day of 
July in the year nineteen hundred and twenty-six, and the 
town shall provide for the payment thereof in such annual 
proportionate payments as will extinguish the indebtedness 
within the said period. 

Section 2. Except as otherwise provided herein, the 
said town shall be subject, in the manner of incurring the 
indebtedness hereby authorized, in issuing securities there- 
for and in providing for payment thereof, to the provisions 
of chapter twenty-seven of the Revised Laws and of all acts 
in amendment thereof or in addition thereto. 

Section 3. This act shall take effect upon its passage. 

Approved May 4j 1906. 



R. L.2 
apply. 



Ohap.^59 An Act relative to a sewerage system in the town of 

LEXINGTON. 



Plan of 
proposed 
system of 
scweruKt' 
for the town 
of Lexington. 



Be it enacted, etc., as follows: 

Section 1. The town of Lexington, in establishing a 
system of sewerage, ]iursuant to the provisions of chapter 
five hundred and four of the acts of the year eighteen hun- 
dred and ninety-seven as hereby amended, shall construct 
initially sewers in such streets, ways and places, agreeably 
to tlie general scheme of sewage disposal appearing on the 
lithogra])lied ])lan entitled '' Plan showing proposed system 
of sewers for the town of Lexington, [Mass., designed bv 
McClintock & Woodfall, Civil Engineers", dated 1897, 
and for sucli distances as the sewer commissioners shall 
determine. Said sewers may have uuder-drains along such 
portions of them as the commissioners shall determine. 



Acts, 1906. — Chap. 359. 329 

Section 2. Upon the completion of sncli original in- cost to be 
stallation of sewers, including the nnder-drains, the sewer tiic'sV"ve\^com. 
commissioners shall determine the cost of the finished ""ssioners, 



etc. 



work, including therein a sum estimated hj them to be the 
aggregate amount which the town will have to pay in con- 
nection with said installation by way of land and property 
damages. Of the total of such cost seventy-five per cent 
shall be assessed upon and paid by the respective owners 
of the lands (within the limits of depth below provided) 
abutting on the streets and ways, public or private, in 
which the sewers shall have been constructed, the tax to 
be assessed in accordance with the provisions hereinafter 
contained, the same being hereby adopted for the purpose 
of distri])uting the burden of the tax among the abutters 
proportionately, as nearly as may be, to the benefits to be 
received by them respectively. No land shall be subject to 
this local tax or assessment if situated so that a building 
thereon constructed in any ordinary or reasonable manner 
could not be drained from the floor next above the base- 
ment or cellar into the sewer; but all other abutting lands 
shall be deemed to be benefited, and shall, except in the 
case of lands owned by the town itself, be subject to the 
tax; and the same rule as to benefits shall apply in cases 
of sewer extensions, which are ])rovided for in section four 
of this act. 1^0 private or particular drain or sewer from Private drains 
a building situated on land not already assessed or not at terediBtoa 
the time liable to assessment as herein provided shall be Ixceptfetc!^' 
entered into a public sewer, except upon the payment of 
such an assessment or charge as the commissioners shall 
determine. 

Section 3. In the case of each abuttins; estate said Assessment 

» of betterments. 

assessment shall be laid upon the owaier s whole lot or tract 
if the same nowhere extends back from the sideline of the 
street or way more than one hundred feet ; otherwise upon 
so much of the lot or tract as lies between such side line 
and a line drawn parallel with and one hundred feet back 
therefrom. The sewer commissioners shall ascertain the 
total area of all the lots and strips of land benefited, not 
including land owned by the town, and compute the ag- 
gregate value of tlieui, exclusive of buildings, according to 
valuations furnished by the assessors of the town for the 
purpose ; and thereupon shall determine approximately 
the fraction of a cent per square foot which, if paid on 
said total area, would produce substantially two thirds of 



330 



Acts, 190G. — Chap. 359. 



Owners of 
abutting land 
to pay an 
assessment 
in certain 
cases, etc. 



Plan to be 
filed with 
assessors. 



Assessors 
to estimate 
values. 



the above mentioned seventy-five per cent of total cost, and 
determine approximately also the rate per one thousand 
dollars valuation which, if paid on said aggregate value, 
would produce substantially one third of said seventy-five 
per cent of total cost. The rates so determined shall be 
paid on the area and assessed value respectively of each 
lot or strip of land subject as aforesaid to this local tax. 
In the case of corner lots and lots abutting on more than 
one sewered street, no part thereof shall be assessed more 
than once whether on the basis of area or of valuation. 

Section 4. In cases of extensions, that is to say, of 
sewers built not as a part of said original installation, each 
owner of abutting land benefited thereby shall pay a tax 
or assessment made up of two elements, one based on the 
area, and the other on the assessed value, of the land, the 
tax to be laid within the same limits as to space and at 
the same rates per square foot and per one thousand dollars 
valuation, respectively, as those hereinbefore provided in 
respect to the lands which contribute toward the cost of 
said original installation of sewers. 

Section 5. Upon the completion of the original instal- 
lation, the sewer commissioners shall file with the assessors 
of the town a plan showing the streets or ways in which the 
sewers are constructed, and the several abutting lots and 
strips of land which said commissioners, applying the pro- 
visions of this act, adjudge to be benefited and liable to 
said sewer tax, every such lot or strip to be shown with its 
area in square feet and marked also with the name of the 
supposed owner or owners thereof. And from time to 
time, as sewer extensions are made, said commissioners 
shall file with the assessors additional maps showing with 
respect to the new sewers and abutting lands the same in- 
formation as that called for by the maps to be filed in 
accordance with the foregoing provisions of this section. 
U]ion receipt of every such plan the assessors shall pro- 
ceed to estimate, in like manner as in assessing ordinary 
taxes, the just value of each abutting lot or strip of land 
shown on the plan, taking into account in the making of 
their estimate the fact that a sewer is constructed in the 
street or way on which the land abuts; and having made 
said estimates the assessors shall certify the same to the 
sewer commissioners. The estimates so received from the 
assessors shall be taken to be the valuations or assessed 
values referred to in sections three and four of this act. 



Acts, 1906. — Ch.\p. 359. 331 

Said estimates shall be of tlio value of tlie land, exclusive 
of any buildings thereon. 

Section 6. Every sewer tax assessed by the comniis- Records to be 
sioners shall be recorded in books to be kept by them for '''''^*^- 
that purpose. They shall also make a list of such assess- PubUcation 
ments and publish the same by posting copies of the list in asseasments. 
at least two public places in the town, at the same time 
furnishing an additional coi)y to the town treasurer. Such 
publication of the list shall be a sufficient demand upon the 
respective land owners for the payment of the tax, but the 
commissioners shall, in addition thereto, cause a demand 
or bill to be sent to each supposed owner at his last address 
kno\\'ii to the commissioners. Every land owner shall, 
within three months after the publication of such list, pay 
the amount of the tax assessed in respect of his land as 
aforesaid to the town treasurer, with interest thereon at 
the rate of five per cent per annum from the time of the 
posting of such list: provided, hoivever, that the sewer Provisos, 
commissioners, on written request from any owner made 
within said three months shall apportion his tax into such 
number of equal parts, not exceeding ten, as he may 
specify in the request, one of such parts with interest 
thereon at said rate to be payable in each succeeding calen- 
dar year on such day as the commissioners, when making 
the apportionment, shall determine ; and provided, fur- 
iher. that if in any particular case a tax assessed in ac- 
cordance with the provisions of this act shall in the opinion 
of said connnissionors be in excess of the special benefit 
derived by the land concerned, they shall, on the owner's 
written request within said three months, abate the amount 
of said excess. Xothing herein however shall be construed 
as preventing an owner or any party in interest from pay- 
ing at any time, notwithstanding its prior apportionment, 
the whole balance of a given tax, including interest com- 
l^uted to the date of such payment. 

Section 7. Every such sewer tax shall constitute a lien sewer tax to 
on the land affected thereby, the same to continue for two on land, 
years after the publication of the list wherein the tax ap- 
pears, and in case of apportionment, until the expiration 
of two years from the time when the last instalment be- 
comes payable : provided, that in any case where the amount Proviso. 
or validity of the tax is drawn in question by any suit or 
proceeding, the lien shall continue for one year after the 
final determination thereof. 



332 



Acts, 1906. — Chap. 359. 



Collection of 
sewer taxes. 



Invalid tax 
may be 
reassessed. 



Petition may 
be filed for " 
revision, etc. 



1897, 504, § 9, 
amended. 



Section 8. The sewer commissioners shall aimiially, 
not later than the first day of April, commit to the collector 
of taxes of said town, for collection, all sewer taxes which 
became i:»ayable within the next preceding calendar year 
and remain at the time of such commitment unpaid, in- 
cluding instalments in default ; and if any such tax or 
instalment shall not be paid to such collector within ten 
days after his demand therefor, he shall levy the same wdth 
incidental costs and expenses by sale of the land on which 
the tax constitutes a lien. Such sale and all proceedings 
connected therewith shall be conducted in such manner as 
may be provided by law with respect to sales of land for 
non-payment of town taxes; and the collector shall have in 
the premises all the powers and privileges conferred by the 
law upon collectors of taxes relating to sales made for that 
purpose. Land so sold hereunder may be redeemed in 
like manner and subject to the same provisions of law as 
if sold for the non-payment of taxes. Such sewer taxes or 
instalments thereof may also be collected by an action of 
contract brought by the collector against the owner liable 
therefor. 

Section 9. Any tax assessed by the sewer commission- 
ers which is invalid by reason of any error or irregularity 
in the assessment, which has not been paid, or which has 
been recovered back, or which has been enforced by an 
invalid sale, may be re-assessed by the sewer commissioners 
for the time being in the just amount in wdiich and upon 
the land on which such tax ought at first to have been as- 
sessed, and the tax so re-assessed shall constitute a lien on 
the land as aforesaid and shall be payable and collectible 
in like manner as above provided. 

Section 10. Any person aggrieved by tlie tax assessed 
by the commissioners may, at any time within three montlis 
after the publication of the list wlierein the tax appears, 
file a petition in the superior court for the county of ^lid- 
dlesex for a jury to re^^ise the amount of the tax ; but before 
filing his petition he shall give w^ritten notice to the sewer 
commissioners of his intention so to do, and shall therein 
particularly specify his objections to the tax, to which 
specification he shall be confined in the trial. 

Section 11. Section nine of said chapter five hundred 
and four is hereby amended by striking out the words " one 
hundred and sixty Ihousaud dollars ", in the fourth line, 
and inserting in place thereof the words: — two hundred 



Acts, 1906. — Chap. 360. 333 

thousand dollars, — and by adding at the end of said sec- Town to re- 

, 1 T • • 111 • serve right to 

tion the words: — in issuing such l)oiias, notes or scrip, or redeem bonds, 
any series or instalment thereof, the town may reserve to maturity, 
itself the right to call and redeem the same or any of them 
before maturity on such terms as to notice and otherwise as 
may be prescribed therein. 

Section 12. Sections six, seven and eight of said chap- Repeal, 
ter five hundred and four, chapter four hundred and fifty- 
one of the acts of the year eighteen hundred and ninety- 
nine, and chapter one hundred and ninety-five of the acts 
of the year nineteen hundred and one are hereby repealed. 

Section 13. This act shall take effect upon its passage. 

Approved May 7, 1906. 

An Act to provide for the trotection of the public rji^f,^ QgQ 

HEALTH IN THE VALLEY OF THE NEPONSET RIVER. ^ *' 

Be it enacted, etc., as follows: 

Section 1. Section one of chai^ter five hundred and 1902, 541, §i, 

- I, .. „ , . ^ Till amended. 

forty-one of the acts of the year nineteen liundred and two 
is hereby amended by striking out all after the word 
" nuisance ", in the sixth line, so as to read as follows : — 
Section 1. The state board of health is lierebv authorized Pojiution 

-..-..-. Ti^ f of Neponset 

and directed to prohibit tlie entrance or discharge of sew- river, etc., 
age into any part of the ISTeponset river or its tributaries, ^^ 
and to prevent the entrance or discharge therein of every 
other substance which may be injurious to public health 
or may tend to create a j^ublic nuisance. 

Section 2. Section two of said chapter five hundred 1902, 541, §2, 
and forty-one is hereby amended by striking out the ' 
words " any such owner ", in the second line, and insert- 
ing in place thereof the words : — the owner of any fac- 
tory or other establishment, — by striking out the word 
" such ", in the fourth line, and inserting in place thereof 
the word : — the, — by inserting after the word '^ refuse ", 
in the same line, the word : — therefrom, — and by strik- 
ing out all after the word " harmless ", in the fourth line, 
so as to read as follows : — Section 2. The board shall con- state hoard 
suit and advise with the owner of any factory or other co]i'suU,'etc'y 
establishment at his request or of its own motion as to the of 'factories^ 
best practicable and reasonably available means of render- ^^'^■ 
ing the waste or refuse therefrom liarmless. 

Section 3. Section three of said chapter five hundred amended^ ^' 
and forty-one is hereby amended by striking out the words 



334 Acts, 1906. — Chaps. 361, 362. 



of provisions. 



" or of any other party in interest ", at the end of said 
Iif°i2™?"^^°! section, so as to read as follows : — Section 3. The su- 
preme judicial court or any justice thereof and the supe- 
rior court or any justice thereof shall have jurisdiction in 
equity to enforce the provisions of this act and any order 
made by the state board of health in conformity thercAvith. 
Proceedings to enforce any such order shall be instituted 
and prosecuted by the attorney-general upon the request 
of the state board of health, 
f^h^^' Section 4. Said chapter five hundred and forty-one is 

amended. hereby further amended by inserting the following new 
Penalty for scctiou : — SecUon k. Whoevcr permits the entrance or 

creating a ^• ^ • c ^ -kt 

nuisance. discharge into any part oi the Aeponset river or its tribu- 
taries of sewage or of any other substance injurious to 
public health or tending to create a public nuisance shall 
be punished by a fine not exceeding five hundred dollars 
for each oifence. Approved May 7, 1906. 

CJiap.dGl An Act to authorize the town of holden to make an 

ADDITIONAL WATER LOAN, 

Be it enacted, etc., as folloivs: 

Loan'^igoe!^**''^ Section 1. The town of Holden, for the purpose of 
extending and completing its system of water works, may 
issue notes or bonds from time to time to an amount not 
exceeding three thousand dollars in addition to its indebt- 
edness already authorized for water purposes. Such notes 
or bonds shall bear on their face the words, Holden Water 
Loan, 1906, shall be payable at the expiration of periods 
not exceeding thirty years from the dates of issue, and shall 
be issued upon the conditions and in the manner set forth 
in chajiter one hundred and eighty of the acts of the year 
eighteen hundred and ninety-six. 

Section 2. This act shall take effect upon its passage. 

Approved May 7, 1906. 

Chap.3Q2 ^'^^ Act relative to the board of aldermen of the city 

OF FALL RIVER. 

Be it enacted, etc., as follows: 

ara^'ndcd^^^' Section seventeen of chapter three hundred and ninety- 
three of the acts of the year nineteen hundred and two is 
hereby amended by inserting after the word " position ", 
in the third line, the words : — except that of mayor, — ■ 



Acts, 1906. — Chap. 363. 335 



so as to read as follows : — Section 17. ISTo member of the AWcrmen^not 
board of aldermen shall, during the term for which he is office, except, 
elected, hold any other office or position, except that of 
mayor, the salary or compensation for which is payable 
from the city treasury. Approved May 7, 1906. 

An Act to establish the boundary line between the (JJiap.SQS 

TOWNS of LANCASTER AND LEOMINSTER, 

Be it enacted, etc., as folloivs: 

Section 1. The following described line shall here- Boundary line 
after be the boundary line between the towns ot Lancas- caster and 

LcoininstGi* 

ter and Leominster : • — Beginning at the present corner estabUshed. 
of the towns of Lancaster, Leominster and Lunenburg, 
at a slatestone monument, in latitude forty-two degrees, 
thirty-two minutes, two and twenty-one hundredths sec- 
onds, and longitude seventy-one degrees, forty-two min- 
utes, nine and seventy-nine hundredths seconds; thence 
south thirty degrees, fifty-one minutes west, true bear- 
ing, fifty-three hundred and thirty-four feet to a point 
on the southwesterly side of Llarvard street about four 
hundred feet southeasterly from the southeasterly abut- 
ment of the railroad bridge near the house of Alden 
Derby, in latitude forty-two degrees, thirty-one minutes, 
sixteen and ninety-seven hundredths seconds, and longi- 
tude seventy-one degrees, forty-two minutes, forty-six 
and thirty-two hundredths seconds ; thence south fifty-three 
degrees, forty-eight minutes w^est, true bearing, fourteen 
hundred and fifty-six feet to a granite monument, in the 
present line between Lancaster and Leominster, standing 
on the westerly side of AVhite street about seven hundred 
feet southerly from its intersection with ]Mechanic street, 
and in latitude forty-two degrees, thirty-one minutes, eight 
and forty-eight hundredths seconds, and longitude seventy- 
one degrees, forty-three minutes, two seconds ; thence south 
eleven degrees, nine minutes west, true bearing, sixteen 
thousand two hundred and eighty-three feet along the 
present boundary between the two towns to a monument 
at the corner of the towns of Lancaster, Leominster and 
Sterling, in latitude forty-two degrees, twenty-eight min- 
utes, thirty and sixty-six hundredths seconds, and longitude 
seventy-one degrees, forty-three minutes, forty-three and 
ninety-nine hundredths seconds. 

Section 2. This act shall take effect upon its passage. 

Approved May 7, 1906. 



336 Acts, 1906. — Chaps. 361, 365. 



Chap.364: -^^N Act to provide for better accommodations for the 

ESSEX COUNTY TRAINING SCHOOL AT LAWRENCE. 

Be it enacted, etc., as follows: 

^nd'add?tions Section 1. Tlie coimty commissioners of the county of 
of t^t'Es8ex°^ Essex are hereby aiitborized and directed to make such 
County Train- alterations in and additions to the buildings of the Essex 

ing School m • • n 1 1 T 1 1 

at Lawrence. County 1 raining bchool at Lawrence, and to erect such 
additional buildings, as may be required to provide neces- 
sary and suitable accommodations at said school; and for 
said purposes they may expend a sum not exceeding fifty 
thousand dollars, but no part of said sum shall be used 
for current expenses of maintenance or repair upon build- 
ings now existing at said school. 

Contracts, etc. Section 2. The contract for such alterations, additions 
and additional buildings shall be awarded to the lowest 
bidder, who shall furnish a bond in a penal sum of not 
less than forty per cent of the amount of his bid, for the 
faithful completion of his contract at the amount of his 
bid. The county commissioners shall advertise for sealed 
bids, and they shall furnish without discrimination to all 
persons making application therefor complete plans and 
specifications, and all bids shall be opened in public after 
due notice to all j)arties in interest and public advertise- 
ment thereof. ]^o obligations shall be incurred under this 
act in excess of fifty thousand dollars. 

borroweTon'^*' Section 3. To meet the expenses incul'red under this 

the count *** ^^^ ^^^^ ^^^^ Commissioners may borrow from time to time, 
upon the credit of the county, a sum not exceeding fifty 
thousand dollars. 

Section 4. This act shall take efl^ect upon its passage. 

Approved May 7, 1900. 



Chap.S()5 An Act to revise the laws relative to the establish- 
ment AND MAINTENANCE OF PEST HOUSES BY CITIES AND 
TOWNS. 

Be it enacted, etc., as follows: 

fi amJndefi^^ Section 1. Chapter seventy-five of the Revised Laws 
is hereby amended by striking out sections thirty-five to 
forty-two, both inclusive, and inserting in place thereof 

Hospital for ||^g f oHowiuc; : — Section 35. A town mav establish hos- 

contaRious . .,.'.,..„ , c' t i • i 

diseases. j^^^iils wittim its limits lor thc treatment oi diseases which 



Acts, 1906. — Chap. 365. 337 

are dangerous to the public health. Such hospitals shall 
be subject to the orders and regulations of the board of 
health. Section 36. If a disease which is dangerous to Duties of 

, ,,.---,. . .J, . boards of 

the public health breaks out m a town, or it a person is health, 
infected or lately has been infected with any such disease, 
the board of health shall immediately provide such hospital 
or place of reception, and such nurses and other assistance 
and necessaries, as is judged best for his accommodation 
and for the safety of the inhabitants, and the same shall 
be subject to the regulations of the board. The board 
may cause any sick or infected person to be removed to 
such hospital or place, if it can be done without danger to 
his health ; otherwise the house or place in which he re- 
mains shall be considered as a hospital, and all persons 
residing in or in any way connected therewith shall be sub- 
ject to the regulations of the said board, and, if necessary, 
persons in the neighborhood may be removed. Section 37. f,ogp*tla°for 
Each city shall establish and constantly be provided, within treatment of 

•J , • 1 • 1 • 1 i- 1 smallpox, etc., 

its limits, with one or more isolation hospitals for the re- cases, 
ception of persons having smallpox or any other disease 
dangerous to the public health. Such hospitals shall be 
subject to the orders and regulations of the boards of 
health of the cities in which they are respectively sit- 
uated. A city which, upon request of the state board of 
health, refuses or neglects to comply with the provisions 
of this section, shall forfeit not more than five hundred 
dollars for each refusal or neglect: provided, however-, Proviso, 
that if, in the opinion of the boards of health of two or 
more adjoining cities or towns, such hospitals can advan- 
tageously be established and maintained in common, the 
authorities of the said cities or towns may enter into such 
agreements as may be necessary for the estal)lishment and 
maintenance of the same. Section 38. The physician. Physicians, 
nurses, attendants, patients and all persons approaching to be subject 
or coming within the limits of such hospitals, and all fur- to legu ations. 
niture and other articles used or brought there, shall bo 
subject to the regulations of the local board of health. 
Section 39. Such hospitals shall not be established within Location of 
one hundred rods of an inhabited dwelling house situated 
in an adjoining city or town without the consent of the 
board of health of such city or town. Section JfO. Who- pcnaitjfor 

I'.iT f 1 •,!• i. unhiwrul use. 

ever occupies or uses a building lor a hospital m a part 
of a city or town prohibited by the mayor and aldermen 
or selectmen shall forfeit not more than fifty dollars for 



338 



Acts, 190G. — Chap. 365. 



Treatment of 
certain other 
diseases. 



Inmates not 
to l)e dis- 
criminated 
against. 



B. L. 75, § 46, 
amended. 



Warrant may 
issue for 
removal of 
persons in- 
fected witii 
certain 
diseases. 



R. L. 7.5, § 56, 
amended. 



Certain 
provisions of 
law not to 
apply, except, 
etc. 



1902, 206, § 1, 
amended. 



every month during which snch offence continues, and in 
like proportion for a portion of the month. The siij)reme 
judicial court or the superior court shall have jurisdiction 
in equity to restrain such occupancy or use. Section J/.!. 
Each city shall provide for the treatment, either in a hos- 
pital or as out-patients, of indigent persons who are suffer- 
ing from contagious or infectious venereal diseases. Section 
Jf2. Xo discrimination shall be made against the treat- 
ment of venereal diseases in the out-patient department of 
any general hospital supported by taxation in any city in 
which special hospitals, other than hospitals connected with 
penal institutions, are not provided for the treatment of 
such diseases at public expense; but any such hospital 
may establish a separate ward for their treatment. 

Sectioi^ 2. Said chapter seventy-iive is hereby further 
amended by striking out section forty-six, as amended by 
section two of chapter two hundred and six of the acts of 
the year nineteen hundred and two, and inserting in place 
thereof the following: — Section 46. A magistrate au- 
thorized to issue warrants in criminal cases may issue a 
warrant directed to the sheriff of the county or his deputy, 
or to any constable or police officer, requiring him, under 
the direction of the board of health, to remove any person 
who is infected with contagious disease, or to im])ress and 
take up convenient houses, lodging, nurses, attendants and 
other necessaries. The removal authorized by this section 
may be made to any hospital in an adjoining city or town 
esfablished for the reception of persons having smallpox or 
other disease dangerous to the public health, provided the 
assent of the board of health of the city or town to which 
such removal is to be made shall first have been obtained. 

Section 3. Said chapter seventy-five is hereby further 
amended by striking out section fifty-six and inserting in 
place thereof the following: — Section 56. The provisions 
of sections thirty-six and forty-six, so far as they confer 
authority for the removal of patients from their homes, 
shall apply only in the case of persons residing in boarding 
houses or hotels, or in the case of two or more families oc- 
cupying the same dwelling, or in other cases in which, in 
the opinion of the board, the case cannot properly be iso- 
lated. 

Section 4. Section one of chapter two hundred and 
six of the acts of the year nineteen hundred and two 
is hereby amended by striking out all after the word 



Acts, 1906. — Chap. 366. 339 

" diseases ", in the seventh lino, so as to read as follows : — 
Section 1. The board of health of any city or town which fj^ng^nay 
has estahlishcd or which may hereafter establish within its g'^nf ^^011^' 
limits a hospital for the reception of persons having small- adjoining 
pox or any other disease dangerons to the public health, 
may receive for care and treatment in such hospital per- 
sons from an adjoining town who are infected with any of 
said diseases. 

SECTioisr 5. This act shall take effect upon its passage. 

Approved May 8, 1906. 



ChapMG 



An Act to authorize the dissolution of the coRroRA- 

TION KNOWN AS THE TRUSTEES OF THE METHODIST EPISCO- 
PAL CHURCH IN NANTUCKET, AND A CONVEYANCE OF ITS 
PROPERTY TO THE BOARD OF TRUSTEES OF THE METHODIST 
EPISCOPAL CHURCH IN NANTUCKET. 

Be it enacted, etc., as follows: 

Section 1. The Trustees of the Methodist Episcopal S'fheMS 
Churcli in N^antucket, a religious corporation located in dist Episcopal 

1 . 1 1 T -r Church in 

JN' antucket, and incorporated by an act approved Januarv Nantucket 

" nitiv coDVGY its 

sixteenth in the year eighteen hundred and twenty-three, property, etc. 
is hereby authorized to convey to the Board of Trustees of 
the Methodist Episcopal Church in JSTantucket, a religious 
corporation located in Nantucket, and organized on June 
twenty-sixth, nineteen hundred and five, under the general 
laws, all the real estate and other property now held by 
the first named corporation, by a deed of conveyance au- 
thorized by a three fourths vote of the members of said 
corporation present and voting at a meeting duly called 
for that purpose. Such conveyance to be valid shall be 
approved by a majority vote of the members of the Quar- 
terly Conference of the Methodist Episcoj^al Church in 
ISTantucket present and voting at a conference held within 
three months after the passage of this act, and shall be ac- 
cepted by a three fourths vote of the members of the Board 
of Trustees of the Methodist Episcopal Church in ISTan- 
tucket at a meeting thereof, authorizing its acceptance in 
writing in behalf of the corporation, upon the conditions 
set forth in this act. Upon the execution of such convey- Dissolution 
ance and the recording thereof in the registry of deeds for *^^ con?oration. 
the county of ISTantucket, the said corporation of The Trus- 
tees of the ]\*rethodist Episco])al Church in Xantucket shall 
thereby be dissolved, and all its real estate and personal 



340 Acts, 190G. — Chap. 367. 

property shall be vested iu the Board of Trustees of the 
Methodist Episcopal Church in IS^antucket, and said last 
named cor2)oration shall thereby assume all the liabilities 
and obligations of The Trustees of the Methodist Episco- 
pal Church in I^antucket. 
Damages. Section 2. Any pcrsou aggrieved by the provisions of 

this act may at any time within six months after the con- 
veyance aforesaid has been recorded apply by petition to 
the superior court for the county of Nantucket to have his 
damages determined by a jury therein, or by or under the 
direction of said court; and all damages so awarded, with 
the statutory costs of suit attending such award, shall be 
paid by the Board of Trustees of the Methodist Episcopal 
Church in ]S[antucket. 

Section 3. This act shall take eifect upon its passage. 

Approved May 8, 1906. 



(JJiaV.SGl ^^ ^CT TO PROVIDE FOR AN ADDITIONAL METROPOLITAN WATER 

LOAN. 

Be it enacted, etc., as follows: 
Additional Section 1. The treasurer and receiver general shall 

metropolitan . . . , c i t 

waterioan. from time to time, upon the request oi the metropolitan 
water and sewerage board, issue negotiable bonds in the 
name and behalf of the Commonwealth and under its seal, 
designated on the face thereof, Metropolitan Water Loan, 
to an amount not exceeding five hundred thousand dollars 
ill addition to the forty million dollars authorized' to be 
issued under the provisions of section seventeen of chapter 
four hundred and eighty-eight of the acts of the year eight- 
een hundred and ninety-five, and of chapter four hundred 
and fifty-three of the acts of the year nineteen hundred and 
one; and the provisions of said chapter four hundred and 
eighty-eight and of acts in amendment thereof and in addi- 
tion thereto shall apply to this additional loan to the same 
extent as if the amount authorized by said act had been 
forty million five hundred thousand dollars instead of 
twenty-seven million dollars. 

Section 2. This act shall take efi^ect upon its passage. 

Approved May 8, 1906. 



Acts, 1906. — Chap. 368. 341 



An Act relative to the transfer of the care and con- CJiaij.SQS 

TROL OF THE CHARLES RIVER DAM AND BASIN TO THE 
METROPOLITAN PARK COMMISSION. 

Be it enacted, etc., as follows: 

Section 1. Section three of chapter four hundred and ^nieud^df ^' 
sixty-five of the acts of the year nineteen hundred and 
three is hereby amended by striking out the hist sentence 
thereof, so as to read as follows: — Section 3. The com- Dam to be 
mission shall construct across Charles river between the across 
cities of Boston and Cambridge, a dam, at least sufficiently claries nver. 
high to hold back all tides and to maintain in the basin 
above the dam a substantially permanent water level not 
less than eight feet above Boston base. The dam shall 
occupy substantially the site of the present Craigie bridge, 
which shall be removed by the commission. The dam shall 
be not less than one hundred feet in width at said water 
level and a part thereof shall be a highway and the re- 
mainder shall be a highway, or a park or parkway, as the 
commission shall determine. The dam shall be furnished 
with a lock not less than three hundred and fifty feet in 
length between the gates, forty feet in width and thirteen 
feet in depth below Boston base, and shall be built with a 
suitable drawbridge or drawbridges, wasteways and other 
appliances. 

Section 2. Section seven of said chapter four hundred ame'nlSd.^'' 
and sixty-five is hereby amended by inserting after the 
word " exclusive ", in the fourth line, the words : — care 
and, — by inserting after the Avord " lock ", in the fifth 
line, the words : — and of any highway, park or parkway, 
drawbridge or drawbridges, constructed in connection there- 
with, — by inserting after the word " lock ", in the ninth 
line, the words : — highway, park or parkway, drawbridge 
or drawbridges, — by striking out the words " the part of 
the dam used as a highway and ", in the tenth line, by 
striking out the word " the ", before the word " basin ", 
in the fourteenth line, and inserting in place thereof the 
word : — said, — by inserting after the w^ord " basin ", in 
the fourteenth line, the words : — dam, lock, highway, park, 
parkway, drawbridge or drawlu-idges, breaches of which 
rules shall be breaches of the peace, punishable as such, — 
by inserting after the word " lock ", in the fifteenth line, 
the words : — and drawbridge or drawbridges, — and by 



342 Acts, 1906. — Chap. 368. 

adding at the end thereof the words : — Said metropolitan 
park connnission shall also have and exercise over said 
basin, dam, lock, highway, park, parkway, drawbridge or 
drawbridges, all other power, duties and liabilities now 
imposed upon said commission by chapter four hundred 
and seven of the acts of the year eighteen hundred and 
ninety-three and acts in addition thereto and in amend- 
ment thereof relative to the care, maintenance and control 
by said commission of open spaces for exercise and recrea- 
tion so far as the provisions of said acts are consistent with 
the provisions of this act, — so as to read as follows : — 
Toittan park Section 7. The metropolitan park commission, when the 
commission work provided for in the preceding sections is finished, 

to have c.-a-e '^ i i i • i i i 

of dam, etc. shall, subjcct to the powers vested by law m the state board 
of health, have exclusive care and control of the dam and 
lock and of any highway, park or parkway, drawbridge or 
drawbridges, constructed in connection therewith and of 
the basin and river between the dam and the city of Wal- 
tham, as a part of the metrojiolitan parks system, and of 
all poles, wires and other structures placed or to be placed 
on, across, over or in any part of said basin, dam or lock, 
highway, park or parkway, drawbridge or drawbridges, 
and of the placing thereof, except the bridges and other 
structures erected by any city or to\\Ti Avithin its limits 
and upon its own lands ; may make reasonable rules, and 
regulations, not impairing freight traffic, for the care, 
maintenance, protection and policing of said basin, dam, 
lock, highwa_y, park, parkway, drawbridge or drawbridges, 
breaches of which rules shall be breaches of the peace, 
punishable as such ; and throughout the year shall operate 
the lock and drawbridge or drawbridges without charge, 
maintain the lock, channels and canals aforesaid at the 
deptlis aforesaid, and clear of obstructions caused by natu- 
ral shoaling or incident to the building of the dam, and 
maintain the water in the basin at such level and the lock, 
channels and canals sufficiently clear of obstructions by 
ice so that any vessel ready to pass through the lock, and 
requiring no more depth of water than aforesaid, can pass 
through to the wharves aforesaid. In the event of an 
emergency, requiring the tem])orary reduction of such 
level, notice thereof shall ])e given to the occupants of said 
wharves, and such reduction shall not be lower nor con- 
tinue longer than the emergency requires. Said metropoli- 
tan park commission may order the removal of all direct 



Acts, 1906. — Chap. 369. 343 

sewage or factory waste as a common nuisance from the 
river and its tributaries below the city of Waltbam ; and 
no sewer, drain, overflow or other outlet for factory or 
house drainage shall hereafter be connected with the basin 
below said city without the approval of the metropolitan 
park commission. Said nietroiX)litan park commission 
shall also have and exercise over said basin, dam, lock, 
highway, park, parkway, drawbridge or drawbridges, all 
other power, duties and liabilities now imposed upon said 
commission by chapter four hundred and seven of the acts 
of the year eighteen hundred and ninety-three and acts in 
addition thereto and in amendment thereof relative to the 
care, maintenance and control by said commission of oj)en 
spaces for exercise and recreation so far as the provisions 
of said acts are consistent with the provisions of this act. 

Section 3. When the work of the Charles river basin wiion dnm 
commission as provided for in said chapter four hundred thrc'iuu-i.s^ 
and sixty-five is finished, said commission shall certify the commissloii 
fact in writing to the metropolitan park commission, and gamc'^^etc''^^ 
such certificate or a copy of the same, attested by any 
member of the metropolitan park commission or by its 
secretary, shall be prima facie evidence that the exclusive 
care and control of said dam, lock, highway, park or park- 
way, drawbridge or drawbridges, are vested in the metro- 
politan park commission. 

Section 4. So much of chapter four hundred and Repeal, 
sixty-seven of the acts of the year eighteen hundred and 
ninety-eight as is inconsistent herewith is hereby repealed. 

Section 5. This act shall take effect upon its passage. 

Approved May S, 1906. 

An Act to establish the bases eor determining the (JJiQ^^-f 3(39 

ANNUAL ASSESSMENTS UPON THE MUNICIPALITIES WITHIN ^ '' 

the METROPOLITAN SEWERAGE DISTRICTS FOR INTEREST AND 
SINKING FUND REQUIREMENTS AND COST OF MAINTENANCE 
AND OPERATION, 

Be it enacted, etc., as follows: 

Section 1. The proportions in which each of the cities Proiiortion of 
and towns belonging in whole or in part to the north metro- nu'i'ropoiuau ^ 
politan and south metropolitan sewerage districts, respec- |y"tem ^ be 
tively, shall annually pay money into the treasury of the cujes'and 
Commonwealth to uieet tlie interest and sinking fund re- towns, etc. 
quirements for each year, as estimated by the treasurer of 



344 



Acts, 1906. — Chap. 3G9. 



Proportion of 
payiiK'nts to 
i)e l)asi'd ou 
populatiou, 
etc. 



Proportion 
when part 
of a city or 
town is 
included, etc. 



The metro- 
politan water 
and sewerage 
board to fix 
the proper- 
tions, etc. 



Interest and 
sinking fund 
requirements. 



the Commonwealth, and to meet any deficiency in the 
amount previously paid in, as found by said treasurer, 
shall be based upon the resjiective taxable valuations of 
the property of said cities and towns, as last established 
by the general court for the purpose of constituting a basis 
of apportionment for state and county taxes. 

Section 2. The proportions in which each of the cities 
and towns belonging in whole or in part to the north met- 
ropolitan and south metropolitan sewerage districts, respec- 
tively, shall annually pay money into the treasury of the 
Commonwealth to meet the cost of maintenance and op- 
eration of the respective sewerage systems, as estimated 
by the metropolitan water and sewerage board and certi- 
fied by the treasurer of the Commonwealth, and to meet 
any deficiency in the amount previously paid in, as found 
by said treasurer, shall be based upon the respective popu- 
lations of said cities and towns as ascertained by the last 
preceding state or United States census. 

Section 3. If less than the whole area of any city or 
town is included in either of said metropolitan sewerage 
systems, the valuation and population only of that part of 
the city or town which is included in either of said systems, 
as determined by the metropolitan water and sewerage 
board, shall be used as a basis in determining the propor- 
tion and amount which it shall pay as its share of interest 
and sinking fund requirements and of the cost of mainte- 
nance and operation of works. 

Section 4. The metropolitan water and sewerage board 
shall annually, in accordance with the provisions of the 
foregoing sections, determine for each system the proix)r- 
tion in which each of the cities and towns belonging in 
whole or in part to such system, shall annually pay money 
into the treasury of the Commonwealth to meet the in- 
terest and sinking fund requirements and to meet the cost 
of maintenance and operation of such system, and shall 
transmit the determinations of the board to the treasurer 
of the Commonwealth. 

Section 5. The amount of money required each year 
from every such city or town to meet the interest and sink- 
ing fund requirements and cost aforesaid for that system 
in which it is included, and the deficiency, if any, shall 
be estimated by the treasurer of the Commonwealth in 
accordance with the proportions as determined aforesaid 
by the metropolitan water and sewerage board, and shall 



Acts, 1906. — Chaps. 370, 371. 345 

be included and made a part of the sum charged to such 
city or town, and shall be paid by the city or town into 
the treasury of the Commonwealth at the time required 
for the payment of its proportion of the state tax. 

Section 6. This act shall take effect upon its passage, Not to affect 
but shall not modify or affect any decree of the supreme the supreme 
judicial court heretofore made. Approved May 8, 1906. ^^ ^^^"^ '^^^^ ' 

An Act kelative to the recovery op damages in cases of (JJi(ip.370 

DEATH CAUSED BY ACCIDENTS TO EMPLOYEES. 

Be it enacted, etc., as follows: 

Section 1. Section seventy-two of chapter one hundred amended. ^ '^' 
and six of the Revised Laws is hereby amended by adding 
at the end thereof the words : — and in the same action 
under a separate count at common law, may recover dam- 
ages for conscious suffering from the same injury, — so as 
to read as follows: — Section 12. If the injury described ^e^ith°ii°of^'' 
in the preceding section results in the death of the em- instantaneous, 
ployee, and such death is not instantaneous or is preceded 
by conscious suffering, and if there is any person who 
would have been entitled to bring an action under the pro- 
visions of the following section, the legal representatives 
of said employee may, in the action brought under the 
provisions of the preceding section, recover damages for 
the death in addition to those for the injury; and in the 
same action under a separate count at common law, may 
recover damages for conscious suffering resulting from the 
same injury. 

Section 2. This act shall take effect upon its passage. 

Approved May 8, 1906. 

An Act to provide for tpie temporary exclusion from (Jj^nj) 371 

THE PUBLIC schools OF PUPILS WHO HAVE BEEN EXPOSED "' 

TO infectious or contagious disease. 

Be it enacted, etc., as follows: 

Section 1. Section six of chapter forty-four of the r. l. 44, § 6, 
Revised Laws is hereby amended by striking out the word 
" or ", in the fifth line, by inserting after the word 
" measles ", in the fifth line, the words : — or any other 
infectious or contagious disease, — by striking out the 
word " or ", in the eighth line, and by striking out all 
after the word " that ", in the tenth line, to and including 



346 



Acts, 1906. — Chaps. 372, 373. 



Vaccination 
of children. 



Children who 
have been 
exposed to 
a contagious 
disease may 
be excludea 
from a public 
school, et«. 



tlie word " that ", in the thirteenth line, so as to read as 
follows : — Section 6. A child who has not been vacci- 
nated shall not be admitted to a public school except upon 
presentation of a certificate signed by a regular practising 
physician that he is not a fit subject for vaccination. A 
child who is a member of a household in which a person 
is ill with smallpox, diphtheria, scarlet fever, measles, or 
any other infectious or contagious disease, or of a house- 
hold exposed to such contagion from another household 
as aforesaid, shall not attend any public school during such 
illness until the teacher of the school has been furnished 
with a certificate from the board of health of the city or 
town, or from the attending physician of such person, 
stating that danger of conveying such disease by such child 
has passed. 

Section 2. This act shall take effect upon its passage. 

Approved May 8, 1900. 

Chap.372 An Act relative to restraining by injunction corpora- 
tions FROM transacting UNAUTHORIZED BUSINESS, 

Be it enacted, etc., as follows: 

Section 1. Upon an information in equity in the name 
of the attorney-general, at the relation of the commissioner 
of corporations, the supreme judicial court shall have power 
to restrain by injunction any corporation from assuming 
or exercising any franchise or privilege or transacting any 
kind of business not authorized by the charter of such cor- 
poration and the laws of this Commonwealth ; and also in 
the same manner to restrain any foreign corporation from 
assuming or exercising any corporate rights, privileges or 
franchises in this Commonwealth until the provisions of 
sections fifty-eight and sixty of chapter four hundred and 
thirty-seven of the acts of the year nineteen hundred and 
three and of all acts in amendment thereof have been com- 
plied with. 

Section 2. This act shall take effect upon its passage. 

Approved May 8, 1906. 

Chap.373 '^^ ^^'^ relative to the discharge of enlisted men of 

THE MASSACHUSETTS VOLUNTEER MILITIA. 

Be it enacted, etc., as foUoios: 

1905, 4a5, §87, o -(Oi.* -li J- ^ , f i 

amended. DECTTON 1, Jsectiou eiglity-.seven of chapter tour hun- 

dred and sixty-five of the acts of the year nineteen Imn- 



The supreme 
judicial court 
may, Ijy iujunc- 
tion, restrain 
corporations 
from doing 
business not 
authorized by 
their charter, 
etc. 



Acts, 1906. — Chap. 374. 347 

dred and five is liereby amended by inserting after the 
word "apply", in the twentieth line, the word: — di- 
rectly, — by inserting- after the word " organization ", in 
the twenty-first line, the words : — or, in case of nnattached 
companies, to the adjntant general, — and by adding at 
the end of the section the words : — and, if he so reqnests, 
shall be represented by connsel, at his own expense, — so 
as to read as follows : — Section 87. ISTo enlisted man Discbarge of 
shall be discharged before the expiration of his term of ^" 
service, except by order of the commander-in-chief, and for 
the following reasons : upon acceptance of promotion by 
commission ; npon removal of residence from the Com- 
monwealth, or so far from the bounds of the command to 
which he belongs that he cannot, in the opinion of his com- 
manding officer, properly perform his military duty ; npon 
disability, established by certificate of a medical officer; 
npon conviction of a felony ; when in the opinion of the 
commander-in-chief the interests of the service require his 
discharge ; to carry out the sentence of a court-martial ; or 
upon application of his company commander, approved by 
superior commanders: provided, hoivever, that whenever Proviso, 
the commanding officer of a company shall apply to his 
superior commander for the discharge of an enlisted man 
under the last provision of this section, he shall at once 
notify the enlisted man of such application ; and should 
the enlisted man, within seven days after such notification 
by his company commander, apply directly to the com- 
manding officer of his organization, or, in case of unat- 
tached companies, to the adjutant general, for a hearing 
ujion the application for his discharge, he shall be given 
a hearing, and, if he so requests, shall be represented by 
counsel, at his own expense. 

Section 2. This act shall take effect upon its passage. 

Approved May 8, 1906. 

An Act relative to the use of screens and other or- ni.nj. 374 

STRUCTIONS ON PREMISES OF LICENSED INNHOLDERS. ^' 

Be it enacted, etc., as folloivs: 

Section 1. Chapter one hundred of the Revised Laws r. l.ioo, §34, 
is hereby amended by striking out section thirty-four and 
inserting in place thereof the following section : — Sec- Entrances 
tion SJf.. The board which grants the license may require on licensed' 
a licensee to close permanently all entrances to the licensed reguiat^. 



348 Acts, 1906. — Chap. 375. 

premises except those from the public street or streets upon 
which said premises are situated, and may so specify in 
the license. In such case, the construction or opening of 
any such entrance shall of itself make the license void. A 
licensee holding a license of the first three classes shall not 
place or maintain or permit to be placed or maintained, in 
any public room used by him for the sale of spirituous or 
intoxicating liquors under the provisions of his license, 
any screen, blind, shutter, curtain, partition, or painted, 
ground or stained glass window, or any other obstruction, 
nor expose in any window of said room any bottle, cask or 
other vessel containing, or purporting to contain, intoxicat- 
ing liquor, in such a way as to interfere with a view of the 
business conducted on the premises, and the placing or 
maintaining of any of said obstructions shall of itself make 
the license void, except that the board at its discretion 
may, u]3on application of a licensed innholder who also 
holds a license to sell intoxicating liquors, permit screens, 
curtains, or such other obstructions as it may designate to 
be placed at the windows of the dining rooms of the hotel 
maintained by said innholder, and said board shall have 
the power to revoke such privilege. 

Section 2, This act shall take effect u}X)n its passage. 

Approved May 9, 1906. 



Chap.S75 An Act to authorize and direct the metropolitan park 

COMMISSION TO FURNISH BAND CONCERTS AT PARKS, 
beaches AND RESERVATIONS. 

Be it enacted, etc., as follows: 
Band Section 1. The metropolitan park commission is hereby 

CODCPrtS »lt XX «/ 

certain state authorized and directed to provide in the year nineteen 

res Gi*v tit ions 

hundred and six band concerts at such parks, beaches and 
reservations Avithin its jurisdiction as it may select, and 
may expend for this purpose a sum not exceeding fifteen 
thousand dollars, which shall be included in the annual 
appropriation for the maintenance of said parks, beaches 
and reservations. 

Section 2. This act shall take effect u|X)u its passage. 

Approved May 9, 1906. 



Acts, 190G. — Chaps. 376, 377. 349 

An Act to change and establish the boundary line fjJiQ^jy Q'T'g 

BETWEEN THE TOWN OF Y'' * t^t^^t-ct r> Axm 'rm? 'mT^'^ f\t? J^ 

MELROSE. 

Be it enacted, etc., as follows: 



and 
1(1 



Section 1. The boundary line between the city of fhie "otw 
Melrose and the town of Wakefield is hereby changed and ly^ll^'.^-^^. 
established as follows : — By extending the southerly por- estaijUshcd. 
tion of the said boundary line north eighty degrees and 
seven minutes east, twenty-one feet, more or less, to the 
centre of Main street, Melrose, as established by the county 
commissioners ; thence northerly along said centre line of 
said Main street to its intersection with the northerly por- 
tion of the boundary line between Melrose and Wakefield 
extended ; thence north seventy-three degrees thirty-seven 
minutes east, seven feet, more or less, to the present corner 
post marking the line between Melrose and Wakefield and 
now standing in the roadw^ay of said Main street. 

Section 2. This act shall take effect upon its passage. 

Approved May 9. 1906. 

An Act relative to unauthorized banking. CJiot) 377 

Be it enacted, etc., as follows: 

Section 1, lio corporation, either domestic or foreign, Nocorpora- 
and no person, association or partnership except savings eavirigs bTuks, 
banks incorporated under the laws of this Commonwealth, as^e'toe^Mng 
or trust companies so incorporated prior to the first day pf certain 

* UXISIUGSS etc 

of January in the year nineteen hundred and five, or such 
foreign banking corporations as may be doing business in 
this Commonwealth and are subject to examination or 
supervision of the bank commissioner at the time when 
this act takes effect, shall hereafter make use of any sign 
at the place wdiere its business is transacted having thereon 
any name, or other word or words indicating that such 
place or office is the place or office of a savings bank. Nor 
shall such corporation, person, association or partnership 
make use of or circulate any written or printed or partly 
w^ritten and partly printed paper whatever, having thereon 
any name, or other word or w^ords, indicating that such 
business is the business of a savings bank; nor shall any 
such corporation, person, association or partnership receive 
deposits and transact business in the way or manner of a 



350 



Acts, 1906. — Chap. 378. 



The bank 
commissioner 
to have au- 
thority to 
examine 
accounts, etc. 



Court may 
issue injunc- 
tion, etc. 



savings bank, or in such a way or manner as to load tlie 
public to believe, or, in the opinion of the bank commis- 
sioner, as might lead the public to believe, that its busi- 
ness is that of a savings bank. 

Section 2. The bank commissioner shall have author- 
ity to examine the accounts, books and pa]3ers of any cor- 
poration, person, association or partnership which makes a 
business of receiving money on deposit, in order to ascer- 
tain whether such corporation, person, association or part- 
nership has violated or is violating any provision of this 
act; and any corporation, person, association or partnership 
violating any provision of this act shall forfeit to the Com- 
monwealth one hundred dollars a day for every day or 
part thereof during which such violation continues. Any 
violation of the provisions of this act shall forthwith be 
reported by the bank commissioner to the attorney-general. 
The said forfeiture may be recovered by an information or 
other appropriate proceeding brought in the supreme judi- 
cial court or superior court in the name of the attorney- 
general. Upon such information or other proceeding the 
court may issue an injunction restraining such corporation, 
person, association or partnership from further prosecu- 
tion of its business within the Commonwealth during the 
pendency of such proceeding or for all time, and may make 
such other order or decree as equity and justice may re- 
quire. Approved May 10, 1906. 



Chap.37S An Act to authorize the maverick congregational so- 
ciety OF BOSTON TO CONVEY ITS PROPERTY TO THE CONGRE- 
GATIONAL CHURCH UNION OF BOSTON AND VICINITY. 

Be it enacted, etc., as follows: 

Section 1. The Maverick Congregational Society is 
hereby authorized to convey to The Congregational Church 
Union of Boston and Vicinity all its real and |)ersonal 
estate, situated in that part of Boston called East Boston, 
in fee, upon the trusts nevertheless set forth in a deed of 
said real estate presented to the said society at a special 
meeting thereof, held on the eighth day of March, nineteen 
hundred and six: provided, that the members of said so- 
ciety who arc entitled to vote shall by a two thirds vote of 
those present at a meeting regularly called decide so to do. 

Section 2. This act shall take effect u]X)n its passage. 

Approved May 11, 1906. 



The Maverick 
Congrega- 
tional Society 
may convey "its 
property, etc. 



Proviso. 



Acts, 190G. — Chaps. 379, 380. 351 



An Act to authorize the town of north andover to Chav.^l^ 

ESTABLISH A BOARD OF PUBLIC WORKS. 

Be it enacted, etc., as follows: 

Section 1. Tho water commissioners of the town of xl^.ptl^Xn.ufver 
North Andover shall be a board of public works, with the '";'> •^■'^'^'''lisii 
powers and duties conferred or imposed upon said commis- pubuc works, 
sioners bj chapter two hundred and two of the acts of the 
year eighteen hundred and ninety-three, chapter eighty- 
four of the acts of the year eighteen hundred and ninety- 
nine, chapter ninety-three of the acts of the year nineteen 
hundred and four, and chapter three hundred and fifty- 
one of the acts of the year nineteen hundred and five, and 
with the powers and duties conferred or imposed upon said 
board by an act passed concurrently herewith authorizing 
the said town to establish a sewerage system. The present 
water commissioners shall serve as members of the said 
board of public w^orks until their terms as such commis- 
sioners expire, and whenever a vacancy in said board oc- 
curs by the expiration of a term or otherwise, it shall be 
filled, for a term of three years, by election at the annual 
town meeting at which such term expires, or which next 
occurs after the expiration of such term or after such va- 
cancy occurs- The members of the said board shall serve 
until their successors are elected and qualified. 

Section 2. The said board of public works shall an- superin- 
nually appoint a su]^)erintendent who shall not be one of ^° ^'^ ' ^ ^' 
their numl)er, and may remove him at their pleasure. They 
shall fix his compensation. They shall also have authority 
to appoint and remove all necessary subordinate officers, 
agents or employees, and to fix their compensation ; or they 
may delegate to the sui^erintendcnt such powers or any part 
thereof. In general, they shall be responsible for and shall 
supervise and control the management of the water and 
sewerage systems of the town. 

Section 3. This act shall take effect upon its passage. 

Approved May 11, 1906. 



Chap.SSO 



An Act to authorize the town of north andover to 
establish a sewerage system and to borrow money 
therefor. 

Be it enacted, etc., as follows: 

Section 1. The town of I^orth Andover is hereby au- The town of 
thorized through a board of public works, to lay out, con- may''c^n"^S 



352 



Acts, 1906. — Chap. 380. 



etc., a system 
of sewerage, 
etc. 



Proviso. 



May acquire 
land, water 
rights, etc. 



Description of 
lands, etc., to 
be recorded. 



Damages. 



struct, maintain and operate a system or systems of main 
drains and common sewers for a part or for the whole of 
its territory, and such connections and other works as may 
be required for a system of sewage disposal, to be o|^rated 
in connection with the main sewers and other works ; and 
said board, for the purpose of providing better drainage, 
guarding against pollution of waters, and otherwise pro- 
tecting the public health, may lay, make and maintain 
such main drains as it deems best; and may within the 
limits of the town, deepen, widen and clear of obstructions 
any brook, stream or water course, and straighten or alter 
the channels or divert the waters thereof, and may lay, 
make and maintain sub-drains, and discharge the water 
into any brook, stream or water course within the town : 
provided, that its action be approved by the state board of 
health. 

Section 2. Said board of public works, acting in be- 
half of the town, shall have power to take by purchase or 
otherwise any lands in fee and any water rights, rights of 
way and easements in said town, public or private, neces- 
sary for the purposes mentioned in this act, and may con- 
struct within said town such main drains, sewers, pipes 
and conduits under or over any street, railroad, railway, 
highway or other way, in such manner as not unnecessarily 
to obstruct the same, and may enter upon and dig up any 
private lands, street or way, for the purpose of construct- 
ing said system, laying said sewers and drains and system 
of sewage disposal, and maintaining and repairing the 
same; and may do any other things necessary or proper 
to carry out the purposes of this act. 

Section 3. The town shall, when it takes any lands, 
water rights, rights of way, easements or other real estate 
under the authority of this act, in any manner other than 
by purchase, cause to be recorded in the registry of deeds 
for the county and district in which the same are situated 
such a description thereof as is customary in a common 
conveyance of land, with a statement signed by the board 
of public works that the same have been taken under the 
authority of this act, and \\\)o\\ such recording the title to 
such lands, water rights, rights of way, easements and 
other real estate so described shall vest in the town. 

Section 4. The town shall pay all damages to property 
sustained by any person or corporation by reason of such 
taking, and if such person or corporation and the town fail 



Acts, 1906. — Chap. 380. 353 

to agree as to the amount thereof, the same shall be de- 
termined by a jury of the superior court, in the manner 
provided by law in the case of land taken for the laying 
out of highways ; but in case of a taking no suit or petition 
shall be brought after the expiration of two years from the 
date of the recording of the taking as herein provided. 

Section 5. The town, in the case of a iDetition for a Town may 

^ ., (i ' . T ± • •!. offeraspeci- 

jury as aioresaid, may oiier m court and consent m writ- tied sum as 
ing that the sum therein specified may be awarded as dam- '* ° "" 
ages to the petitioner ; and if the petitioner shall not accept 
the sum offered, within thirty days after notice of such 
offer, and shall not finally recover a greater sum than the 
sum offered, not including interest, the town shall be en- 
titled to recover its costs after the date of said offer, and 
the petitioner, if he recovers damages, shall be entitled to 
his costs to the date of the offer. 

Section" 6. The owners of estates benefited by and betterments''* 
abutting on any streets or ways, public or private, in which etc. 
sewers shall be laid under the provisions of this act, shall 
pay to said toAvn toward defraying the cost of said sewer 
system or systems of sewerage and sewage disposal an 
assessment or betterment charge as follows : — Three tenths 
of one cent per square foot of area within the depth of one 
hundred feet from the line of such street or way. In the 
case of corner estates abutting on more than one sewered 
street the same area shall not be assessed twice. Iso estate 
shall be deemed benefited unless or until a sewer has been 
constructed into which it can be drained. The remainder 
of the cost of said system or systems shall be borne by the 
town. jS^o particular or other sewers from any estate or 
part of an estate not already assessed or not liable to assess- 
ment as provided above shall be entered into a common 
sewer, except upon the payment of such an assessment and 
upon such other terms and conditions as the board of pub- 
lic works shall determine. 

Section 7. When in any street or way, or part of a Payment of 
street or way, public or private, a sewer included in any assessments, 
system now constructed or hereafter to be constructed, is 
finished and ready for use, the board of public works shall 
file a certificate with the town treasurer designating the 
street or way, or part thereof, in which the sewer has been 
finished, and setting forth the names of the owners of the 
estates abutting and benefited, and the amount of the assess- 
ment and charge to be j^aid by each, and referring to a plan 



354 



Acts, 1906. — Chap. 380. 



Proviso. 



Assessments 
to constitute 
lien upon 
estate, etc. 



on file in the office of the board of public works, which 
plan shall show the frontage, the name of the owner, and 
the amount of the assessment. The treasurer shall upon 
receipt of such certificate make a demand in writing for 
the payment of such assessment or charge, and every owner 
shall within three months after such demand is served upon 
him, or on the occupant of such estate, or sent by mail to 
the last address of the owner known to the treasurer, pay 
to the treasurer the sum so assessed or charged: provided, 
that said board shall, on the written request of any owner, 
made within the said three months, apportion such assess- 
ment or charge into such a number of equal parts or instal- 
ments, not exceeding ten, as the owner shall designate in 
such request, and they shall report such apportionment to 
the assessors. Interest from the date of such apportion- 
ment at the rate of six per cent per annum shall be added 
to each of such assessments or charges until they are paid, 
and one of such parts or instalments shall be added by the 
assessors to the annual tax of such estates for each year 
next ensuing, until all such parts have so been added, un- 
less paid before, as hereinafter provided. Nothing herein 
shall be construed to prevent the payment at any time in 
one payment, notwithstanding its prior apportionment, of 
any remainder of any assessment or charges then remain- 
ing unpaid, but interest on such balance at the rate of six 
per cent per annum shall be paid to the date of such pay- 
ment, and thereupon the town treasurer shall receive the 
same and certify such payment or payments to the assess- 
ors, who shall preserve a record thereof. 

Section 8. The assessment or charge aforesaid shall 
constitute a lien upon the estate, Avhich shall continue for 
two years after such certificate is made and filed, and after 
the demand aforesaid is made, or, in case of apportion- 
ment, until the expiration of two years from the time when 
the last instalment is committed to the collector. Said as- 
sessment, together with interest at the rate of six per cent 
per annum, with incidental costs and expenses, may be 
levied by the sale of such estate or so much thereof as shall 
be sufficient to discharge the assessment and interest and 
intervening charges, if the assessment is not paid within 
three months after the service of said notice, or, if it has 
been apportioned, within three months after any portion 
has become due. Such sale and all proceedings connected 
therewith shall be conducted in the same manner as sales 



Acts, 1906. — Chap. 380. 355 

for the non-payment of taxes are conducted, and real estate 
so sold may be redeemed in the same manner as if it had 
been sold for the non-payment of taxes- Such assessments 
or parts thereof may be collected also by an action of con- 
tract in the name of the town of Xorth Andover against 
the owner of the real estate, brought at any time within 
two years after the same have become due. 

Section 9. If any assessment for sewers heretofore invalid 
made by the selectmen or other board or officer, or here- ''s®'^^""*^'^ 
after made by the said board of public works, is or shall 
be invalid for any reason, and if such assessment has not 
been paid, or has been recovered back, or has been en- 
forced by an invalid sale, a re-assessment of the estate 
affected by such original assessment may be made by the 
board of public works to the just amount to which the said 
estate should originally have been assessed, and the new 
assessment thus made shall be payable and shall be col- 
lected and enforced in the same manner as other assess- 
ments. 

Section 10. Any person aggrieved by an assessment ^|^?f^e<j 
made under authority hereof, mav at any time within three may apply for 
months after the service of the demand mentioned in sec- 
tion seven of this act apply to the superior court for said 
county for a jury to revise the same, but before making 
such application he shall give to said board of public works 
fourteen days' notice in writing and shall in such notice 
specify particularly his objection to the assessment, to 
which specification he shall be confined in his hearing 
before a jury. 

Section 11. The town of Xorth Andover, for the pur- North Andover 
pose of paying the necessary expenses and liabilities in- LoanrAct 
curred under this act, may incur indebtedness to an amount °^ ^'**^' 
not exceeding fifty thousand dollars, and may issue from 
time to time bonds or notes therefor, and the said indebt- 
edness shall not be reckoned in determining the statutory 
limit of indebtedness of the town. Such bonds or notes 
shall bear on their face the words, Xorth Andover Sewer- 
age Loan, Act of 1906, shall be payable within periods not 
exceeding twenty-five years from the dates of issue, and 
shall bear interest payable semi-annually at a rate not ex- 
ceeding four per cent per annum. They shall be signed 
by the treasurer of the town and countersigned by the * 

board of public works. The town may from time to time 
sell such securities, or any part thereof, at public or pri- 



356 



Acts, 1906. — Chap. 380. 



Annual 

proportionate 

payments. 



Payment of 
expenses, etc. 



Contracts. 



rate sale, Init not for less than the par value thereof. The 
proceeds shall be retained in the treasury, and the treas- 
urer shall, upon the order of said board of public works, 
pay therefrom the expenses incurred for the purposes afore- 
said. 

Section 12. Said town shall at the time of authoriz- 
ing the said loan provide for the payment thereof in such 
annual proportionate payments as will extinguish the same 
within the time prescribed in this act ; and when a vote to 
that effect has been passed the amount required thereby, 
less the amount that may be appropriated therefor, as pro- 
vided in the following section, shall without further vote 
be assessed by the assessors of the town in each year there- 
after, in the same manner as other taxes are assessed under 
the provisions of section thirty-seven of chapter twelve of 
the Revised Laws, until the debt incurred by the town is 
extinguished. 

Section 13. The receipts from assessments and pay- 
ments in lieu thereof under this act, after deducting all 
charges and expenses for and incident to the maintenance 
and operation of said systems of sewerage, shall be applied 
first to the payment of the interest upon the bonds or notes 
issued under authority of this act, not otherwise provided 
for, and the balance shall be set apart for the payment or 
redemption of such bonds or notes, or for payment of the 
further extension of the system or systems of sewerage 
herein authorized to be constructed by said town, as the 
said town shall vote, and shall be used for no other pur- 
pose. If the receipts from said assessments and from pay- 
ments made in lieu thereof in any year, not apportioned 
for the construction and maintenance of sewers as afore- 
said, shall be insufficient to pay the interest on said bonds 
or notes, and the principal as it falls due, then, in such 
case, the town shall raise forthwith by taxation, in the 
same manner as money is raised and appropriated for 
other town purposes, such sums as will meet the said re- 
quirements. The sinking fund of any loan of the town 
may be invested in such bonds or notes. 

Section 14. All contracts made by said board of pub- 
lic works shall be made in the name of the town and shall 
be signed by the board ; but no contract shall be made or 
obligation incurred by the board of public works for any 
purpose in excess of the amount of money appropriated by 
the town therefor. 



Acts, 1906. — Chap. 381. 357 

Section 15. The said board of public works may from Board of 
time to time prescribe rules and regulations for connect- may prescribe 
ing estates and buildings with main drains and sewers, regu^iaUons, 
and for the inspection of materials, and the construction, '^'^^• 
alteration and use of all connections and drains entering 
into such main drains and sewers, and may impose penal- 
ties not exceeding twenty dollars for each violation of any 
such rule or regulation. Such rules or regulations shall 
be published not less than once a week for three successive 
weeks in some newspaper published in the town of jSTorth 
Andover, if there be any, otherwise in some newspaper 
published in the county of Essex, and shall not take effect 
until such publication has been made. 

Section 16. IvTo act shall be done under the authority Plans to be 
of the preceding sections until the plans for said sj^stem of state*board^ 
sewerage have been approved by the state board of health. ^ i^eat . 
Upon application to said board for such approval the board 
shall give a hearing, after due notice to the public; and 
at such hearing plans showing in detail all work to be 
done in constructing said system of sewerage shall be sub- 
mitted. 

Section 17. This act shall take effect upon its passage, when to take 
but no exj)enditure shall be made nor any liability incurred 
hereunder until this act has been accepted by a majority of 
the voters of the town voting thereon at a legal meeting 
called for the purpose within three years after its passage. 

Approved May 11, 1906. 

Ax Act to authorize the county commissioners for QJiap.381 

THE COUNTY OF ESSEX TO COMPLETE THE BRIDGE OR CAUSE- 
WAY ACROSS WATERS RIVER IN THE TOWN OF DANVERS, 

Be it enacted, etc., as follows: 

Section 1. The county commissioners of the county of of'^^e^bi^'^e, 
Essex are hereby authorized and directed to complete the ^*!;je°rriver 
bridge or causeway, with the approaches thereto, across inDanvers. 
Waters river at Hussey's mill, so-called, in the town of 
Danvers, begun by them under authority of chapter three 
hundred and eighty-eight of the acts of the year nineteen 
hundred and three, and to pay all just bills already con- 
tracted by the commissioners for work already done upon 
the said bridge or causeway. 

Section 2. The expense incurred under this act shall bl'^boJrowcd 
not exceed the sum of twenty-three thousand dollars, and on credit of 



358 



Acts, 1906. — Chaps. 382, 383. 



the county 
of Essex. 



the county commissioners of said county are hereby au- 
thorized and directed to borrow on the credit of the county 
such sums of money as may from time to time be required 
for the payment thereof. Approved May 11, 1006. 



C7iap.3S2i An Act to authorize the city of Cambridge to accept 

THE GIFT OF A BOAT HOUSE. 



The city of 
Cambridge 
may accept 
the gift of a 
boat house. 



The mayor to 
execute the 
necessary 
instruments. 



Be it enacted, etc., as follows: 

Section 1. The city of Cambridge by its mayor, with 
the approval of its city council, is hereby authorized to 
accept the gift of a boat house, upon such terms and con- 
ditions as may be agreed upon by the city and Robert S. 
Peabody and others, trustees. 

Section 2. The mayor of said city is hereby author- 
ized to execute for and in the name of the city such in- 
strument or instruments as may be necessary to enable the 
city to comply with the terms and conditions of the gift 
as stated in said agreement. 

Section 3. This act shall take effect u|X)n its passage. 

Approved May It, 1906. 



Ckap.d83 



R. L.44, §1, 
etc., amended. 



Certain 
children to 
attend school. 



An Act relative to compulsory education. 

Be it enacted, etc., as follows: 

Section one of chapter forty-four of the Revised Laws, 
as amended by section one of chapter three hundred and 
twenty of the acts of the year nineteen hundred and five, 
is hereby further amended by inserting after the word 
" dollars ", in the thirty-third line, the words: — provided, 
Jiowever, that no physical or mental condition which is 
capable of correction, or which renders the child a fit sub- 
ject for special instruction at public charge in institutions 
other than the public day schools, shall avail as a defence 
under the provisions of this section unless it shall be made 
to appear that the defendant has employed all reasonable 
measures for the correction of the condition, or the suit- 
able instruction of the child, — so as to read as follows : — 
Section 1. Every child between seven and fourteen years 
of age, and every child under sixteen years of age who 
cannot read at sight and write legibly simple sentences in 
the English language, shall attend some public day school 
in the city or town in which he resides during the entire 
time the public day schools are in session, subject to such 



Acts, 1906. — Chap. 383. 359 

exceptions as to children, places of attendance and schools 
as are provided for in section three of chapter forty-two 
and sections three, five and six of this chapter. The super- 
intendent of schools or, if there is no superintendent of 
schools, the school committee, or teachers acting under au- 
thority of said superintendent or committ